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HomeMy WebLinkAboutAgenda Packet_2022-11-15City Council and Special Housing Authority Meeting Packet November 15, 2022 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 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Nelida Mendoza Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Vacant Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ®contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable Ithe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 11/15/2022 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 11/15/2022 Members of the public may attend the City Council meeting in -person or join 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 www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • 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. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a)santa-ana.org. 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. • LIVE VIRTUAL 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 https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority 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. • IN -PERSON 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. 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. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. 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 City Council 3 11/15/2022 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. Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE 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. 3. LIVE PUBLIC COMMENTS ON SPECIAL HOUSING AUTHORITY 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 documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball <J> ) or download a pdf (the cloud symbol with the down arrow ). City Council 4 11/15/2022 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza IIITmy f aaiMI Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho 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: 1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Lonerock. Inc. v. City of Santa Ana, Orange County Superior Court Case No. 30- 2021-01211998-CU-BC-CJC 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) City Council 5 11/15/2022 3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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 reconvene to continue regular City business. City Council 6 11/15/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Pastor Danny De Leon Sr. CEREMONIAL PRESENTATIONS Proclamation presented by Mayor Sarmiento to the Guzman Family for their Outstanding Contributions related to Advancing Equity in the Public Education System in the U.S. STAFF PRESENTATIONS 2. Homelessness Update 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. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 throuah 25. 3. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 4. Minutes from the Regular Meeting of August 16, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 5. Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE City Council 7 11/15/2022 OVERSIGHT COMMISSION First reading at the November 1, 2022 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 4, 2022. Department(s): City Manager's Office Recommended Action: Place ordinance on second reading and adopt. 6. Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017-157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC) Department(s): Public Works Agency Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2017-157. 7. Receive and File Quarterly Report of Investments as of September 30, 2022 Department(s): Finance and Management Services Recommended Action: Receive and file. 8. Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022. 9. Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California's Homeless Coordinating and Financing Council (HCFC) to Address Homelessness Department(s): Community Development Agency Recommended Action: Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California's Homeless Coordinating and Financing Council (HCFC) to address homelessness. 10. Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22-045) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize an amendment to the blanket order contracts for City Council 8 11/15/2022 equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current one-year term expiring April 19, 2023, with four one-year renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to non -substantive changes approved by the City Manager and City Attorney. 11. Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22-118) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a one-year term beginning November 15, 2022 and expiring November 14, 2023, with four one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 23-6997) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State Grants -Indirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as non -responsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for City Council 9 11/15/2022 contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work. 5. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street. 13. Fiscal Year 2022-23 First Quarter Budget Report and Proposed Appropriation Adjustments Department(s): Finance and Management Services Recommended Action: 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows: a. $40,000 for a full-time Librarian to staff the second Knowledge Mobile for the remainder of FY 2022-23; b. $35,000 for a full-time Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City's November 2022 ballot measures; d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and e. $1,000,000 to plan for development of new public facilities in the Civic Center complex; f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000. 2. Increase authorized full-time staff headcount from 1,342 to 1,359 to capture 11 limited -term positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position. 14. Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 14018002-52007) and appropriating the same amount to expenditure account (no. 14018760-62300) to administer 38 new vouchers. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 14018002-52007) and appropriating the same amount to expenditure account (no. 14018760-62300) to City Council 10 11/15/2022 administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 13918780-52006) and appropriating the same amount to expenditure account (no. 13918780-62300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes) 15. Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 398-151-01), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 16. Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for On -Call Right of Way Property Board -Up Services in an Aggregate Amount Not to Exceed $300,000 for a Three -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for board -up services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a three-year term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 17. Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund) Department(s): City Attorney Office Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC ("Ankura") to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total not -to -exceed amount by an additional $50,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). City Council 11 11/15/2022 18. Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 19. Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Decor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total not -to -exceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 20. Approve an Amendment to the Fiscal Year 2022-2023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient 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 $30,000 for program year July 1, 2022 - June 30, 2023 for additional street outreach activities, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- 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 $22,340.92 for program year July 1, 2022 - June 30, 2023 for additional data collection, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 21. Approve a Pre -Commitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue Department(s): Community Development Agency City Council 12 11/15/2022 Recommended Action: Authorize the City Manager to execute a pre -commitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 405-101-37), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 22. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, Part -Time Non -Civil Service Unit Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, Part -Time Non - Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize non -substantive changes which may be necessary to implement the agreement (Agreement No. 2022-XXX). 23. Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize non -substantive changes which may be necessary to implement the agreement (Agreement No.2022-XXX). 24. Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (Non -General Fund) Department(s): Public Works Agency Recommended Action: Resolution No. 2022-XXX — Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105 (Agreement No. 2022-XXX). 25. Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and City Council 13 11/15/2022 commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. **END OF CONSENT CALENDAR** IBUSINESS CALENDAR 26. Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District Department(s): Community Development Agency Recommended Action: Discuss the Downtown Santa Ana Business Improvement District and direct staff to either: 1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or 2. Resolution No. 2022-XXX — Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022. 27. Informational Report Relating to the City's Anti -Cruising Ordinance Department(s): Police Department Recommended Action: It is recommended that the City Council accept the informational report and consider one of the following options: 1. Direct staff to return to the City Council with additional information. 2. Leave the anti -cruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).' 3. Direct staff to prepare an ordinance to repeal the anti -cruising ordinance. 4. Take no action. **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 28. Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize City Council 14 11/15/2022 the Story of Francisco Torres — Councilmember Hernandez CITY MANAGER COMMENTS COUNCIL COMMENTS 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 Special Housing Authority meeting. Future Items 1. Sanitation Fee — Work Study Session City Council 15 11/15/2022 SPECIAL HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho PUBLIC COMMENTS — Members of the public may address Housing Authority only on items on the Special Housing Authority agenda. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 2. Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS City Council 16 11/15/2022 ADJOURNMENT — Adjourn the Special Housing Authority meeting. City Council 17 11/15/2022 City Council 18 11/15/2022 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California d9 August 16, 2022 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 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:04 p.m. ROLL CALL MINUTES: Information Services Representative, Melanie Torres conducted roll call. All councilmembers were present. Mayor Pro Tem Bacerra joined at 5:06 p.m. City Council 4-1 18/16/2022 CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) 2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council 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: Mayor Sarmiento recessed this portion of the meeting to consider Closed Session item(s) at 5:05 p.m. RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned the Closed Session meeting at 6:20 p.m. and convened to the Regular Open Session. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER City Council 2-2 18/16/2022 MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:23 p.m. ROLL CALL MINUTES: Information Services Representative, Melanie Torres conducted roll call. All councilmembers were present. Councilmember Phan joined at 6:27 p.m. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Councilmember Mendoza led the Pledge of Allegiance. WORDS OF INSPIRATION Sean C. Tu CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Sarmiento declaring August 2022 as American Muslim Appreciation and Awareness Month. 2. Certificates of Recognition presented by Mayor Pro Tern Bacerra to members of the Santa Ana College 1962 Football Team to celebrate the 60th anniversary of their 1962 National Championship. 3. Certificate of Recognition presented by Councilmember Lopez to Gustavo Hernandez for Outstanding Contributions to Creative Writing. 4. Certificate of Recognition presented by Councilmember Mendoza to Leonel Flores for Outstanding Contributions to Arts & Culture. STAFF PRESENTATIONS 5. Homelessness Update MINUTES: Homeless Services Coordinator Ken Gominsky provided a brief presentation. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Information Services Representative Melanie Torres, reported out on the correspondence received. Jaime Ramirez spoke in support of the Santa Ana PAAL program. Tony Carrillo spoke in support of SEIU members. City Council 4-3 18/16/2022 Karen Marx spoke in support of rehabilitating the Cypress Fire Station into a new PAAL center and other community services. Irma Jauregui spoke in support of having the Cypress Fire Station building as a multipurpose center. Glafira Jauregui spoke in support of turning the Cypress Fire Station into a senior center. Alvaro Garcia spoke in support of the PAAL program and the benefits of police presence in the community. Juan Rendon spoke in support of the PAAL program. Ana Nidia Cruz spoke in support of the PAAL program. Maribel Rendon spoke in support of the PAAL program. Linda Isabella Rendon spoke in support of the PAAL program. Veronica Renteria spoke in support of the PAAL program and her family's positive experience. Vanessa Badillo spoke in support of the PAAL program and the social skills the program helped her develop. Ricky Renteria spoke in support of the PAAL program Maria Diaz spoke in support of the PAAL program and how much the program helped her children. Rafael Diaz described how the PAAL program has benefited him and his sister. Mark Lopez spoke regarding the PAAL program in various other parts of the city and provided various other comments. Selica Diaz spoke in support of adding a senior center and PAAL program at the Cypress Fire Station. Ray Diaz urged the council to approve a historical marker in honor of Francisco Torres and provided various other comments. Sandra Pocha Pena urged the council to make a choice that benefits all ages and cultures, regarding the Cypress Fire Station. City Council 4-4 18/16/2022 Victor Payan spoke in favor of tabling the Cypress Fire Station item until staff can explore other options in conjunction with the SAUSD or SAC. Loretta Canett Boules spoke in support of adding a PAAL program and community center in the Cypress Fire Station location. Susana Sandoval spoke in support of establishing the PAAL program in the Cypress Fire Station location. Victor Mendez spoke regarding a 10 percent rent increase at the senior citizen affordable apartment complex located at 2222 East 1 St St. Maribel Gomez urged the council to provide assistance to the downtown businesses that have been affected by the OC Street Car construction. Nathaniel Greensides provided various comments regarding items 13, 19, 20, 22, and 24. John Ramirez spoke in support of rehabilitating the Cypress Fire Station into a new PAAL center. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 21. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Receive and File Quarterly Report of Investments as of June 30, 2022. Department(s): Finance and Management Services Recommended Action: Receive and file. 8. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between April 1, 2022 to June 30, 2022, valued at up to $50,000 for non-public works contracts and agreements up to $250,000 for public works contracts and agreements. City Council 5-5 1 8/16/2022 9. Approve Agreements for On -Call Network Cabling Services in an Aggregate Annual Amount not to Exceed $100,000 (Specification No. 22-032) (Non -General Fund) Department(s): Information Technology Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to execute agreements with American Integrated Security Group Inc., Pacific Coast Cabling Inc., and Pratt Communications Inc. to provide on -call network cabling services for a three-year period beginning August 16, 2022 and expiring August 16, 2025, with a provision for three optional one-year extensions, exercisable by the City Manager, in an aggregate annual amount not to exceed $100,000, for a total aggregate amount not to exceed $600,000 if all optional extensions are executed, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: This consent Item - Core Agreement No. 2022-153 was approved. 10. Amend Purchase Order Contract with All American Asphalt to Increase the Annual Amount by $202,200 for Asphalt Pothole Repair (Specification No. 18-092) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the Purchase Order Contract with All American Asphalt, for asphalt pothole repair, to increase the annual amount by $202,200, for a total annual amount not to exceed $900,000 prorated for the remainder of the current term ending November 30, 2022, including the one-year renewal, exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. 11. Approve an Agreement with NetFile Inc. for Online Subscription Services for FPPC Filing in an Amount not to Exceed $95,000 for up to a Three -Year Term and a Two - Year Extension (Non -General Fund) Department(s): Clerk of the Council Office Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to execute an agreement with NetFile Inc. for online subscription services for FPPC filing, in an amount not to exceed $95,000, for a term beginning August 1, 2022 through July 31, 2025, with one 2-year extension, subject to non -substantive changes approved by City Manager and City Attorney. MINUTES: This consent Item - Agreement No. 2022-154 was approved. 12. Amend Agreement with Redistricting Partners, LLC to Increase Contract Amount by $10,500 for Redistricting and Mapping of Demographics (General Fund) Department(s): Clerk of the Council Office City Council 6-6 1 8/16/2022 Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to execute an amendment to the agreement with Redistricting Partners, LLC to increase compensation amount by $10,500 for redistricting and mapping of demographics in compliance with Federal and California Voting Rights Act Requirements, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: This consent Item - Agreement No. 2022-155 was approved. 13. Approve License Agreement with East End Realty Partners, LP to Construct New Downtown Skate Park Department(s): Community Development Agency Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to execute the first amendment to the license agreement with East End Realty Partners, LP to construct and maintain a new skate park in Downtown Santa Ana for a five-year term of August 16, 2022 to August 16, 2027, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: This consent Item - Agreement No. 2022-156 was approved. 14. Approve Agreements with Crosstown Electrical & Data, Inc. and California Professional Engineering, Inc. for On -call Construction Services for up to a Three-year Term in an Aggregate Amount Not to Exceed $2,500,000 (Non -General Fund) Department(s): Public Works Agency Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to execute agreements with Crosstown Electrical & Data, Inc., and California Professional Engineering, Inc., to provide on -call construction services for traffic signals, street lights, and concrete wheelchair ramps for a three-year period beginning August 16, 2022 and ending on June 30, 2025, with provisions for two, one-year extensions, in a total shared aggregate amount not to exceed $2,500,000, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: This consent Item - Core Agreement No. 2022-157 was approved. 15. Approve Agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, Kimley-Horn & Associates, Inc., Huitt-Zollars, Inc., and Tait & Associates, Inc. for On -Call Engineering Services in an Aggregate Amount Not to Exceed $2,000,000 for up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to execute agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, Kimley-Horn & City Council 4-7 18/16/2022 Associates, Inc., Huitt-Zollars, Inc., and Tait & Associates, Inc. to provide on -call engineering services, for a shared aggregate amount not to exceed $2,000,000, for a three-year term beginning August 16, 2022 and expiring August 15, 2025, with provisions for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney. MINUTES: Out of an abundance of caution Councilmembers Phan and Penlaoza have recused themselves from this item. This consent Item - Core Agreement No. 2022-158 was approved. 16. Amend Agreement with Landscape West Management Services, Inc. to Increase the Annual Contract Amount by $1,112,000 for Fiscal Year 2022-23 for Right -of -Way and Median Landscape Maintenance Services (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Agreement No. 2022-XXX — Authorize the City Manager to execute an amendment to the agreement with Landscape West Management Services, Inc., for Right -of -Way and Median Landscape Maintenance Services, to increase the contract amount by $1,112,000 for FY 2022-23 only, for a total agreement amount not to exceed $5,922,000 for the remaining term of the agreement, ending on June 30, 2023, with an option for a two-year extension exercisable by the City Manager and the City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: This consent Item - Agreement No. 2022-159 was approved. 17. Approve Appropriation Adjustments, Reallocation of Funds, and Award a Construction Contract to International Line Builders, Inc. in the Amount of $734,930 for a Traffic Signal Modification Project with an Estimated Project Delivery Cost of $929,687 (Project No. 18-6919) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment reappropriating $596,328 in Fiscal Year 2017-18 Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal Grant -Indirect revenue account, and appropriate the same amount into the Public Services Street Safety Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $119,400 in Fiscal Year 2022-23 Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal Grant -Indirect revenue account, and appropriate the same amount into the Public Services Street Safety Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $213,959 in General Fund monies from Public Works Traffic /Transportation City Council 4-8 1 8/16/2022 - Service Enhancements funding and an additional $119,400 in Highway Safety Improvement Program grant funds into the project's construction funds for the Traffic Signal Modifications Project for a total of $333,359. 4. Award a construction contract to International Line Builders, Inc., the second lowest responsible bidder, in accordance with the base bid in the amount of $734,930, for construction of the 1 st Street at Jackson Street and 5th Street at Euclid Street Traffic Signal Modification Project, for the term beginning August 16, 2022, and ending upon project completion, subject to non -substantive changes approved by the City Manager and City Attorney. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $929,687, which includes $734,930 for the construction contract; $121,264 for contract administration, inspection and testing; and a $73,493 project contingency for unanticipated or unforeseen work to be funded from Highway Safety Improvement Program grant funds. 18. Adopt a Resolution, Approve an Agreement and Appropriation Adjustment Accepting the FY 2021 Emergency Management Performance Grant (Non -General Fund) Department(s): Police Department Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution authorizing the City Manager to act on behalf of the City of Santa Ana for obtaining federal funds related to homeland security, emergency management and/or disaster recovery, provided by the U.S. Department of Homeland Security and sub -granted through the State of California and the County of Orange. 2. Agreement No. 2022-XXX — Authorize the City Manager to execute a two-year agreement with the County of Orange, for the period of July 1, 2021 through June 30, 2023, for the FY 2021 Emergency Management Performance Grant in an amount not to exceed $51,210, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing $51,210 in Law Enforcement Grants Revenue account, and appropriating same to the Emergency Management Performance Grant expenditure account. (Requires five affirmative votes) MINUTES: This consent Item - Agreement No. 2022-160 and Resolution No. 2022-068 were approved. 19. Density Bonus Agreement No. 2022-02 to Facilitate Construction of Cabrillo Crossing, a 35-Unit Mixed -Use Residential and Live/Work Community with Four Onsite Affordable Units Department(s): Planning and Building Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution approving Density Bonus Agreement No. 2022-02 as conditioned. City Council 4-9 1 8/16/2022 2. Agreement No. 2022-XXX — Authorize the City Manager to execute a Density Bonus Agreement with Brandywine Acquisition Group, LLC for a project known as Cabrillo Crossing for a 55-year term, for the development of a mixed -use residential and live/work development with 35 townhome units , including four onsite for -sale affordable units, at 1814 and 1818 East First Street, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: Out of an abundance of caution Councilmember Phan has recused herself from this item. This consent Item - Agreement No. 2022-161 and Resolution No. 2022-069 were approved. 20. Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. MINUTES: This consent Item - Resolution No. 2022-070 was approved. 21. Resolution Urging the Citizens Stamp Advisory Committee of the United States Postal Service to Issue a Muhammad Ali Postage Stamp Department(s): City Manager Office Recommended Action: Consider one of the following options: 1. Resolution No. 2022-XXX — Adopt a resolution concerning issuance of Muhammad Ali postage stamp. 2. Provide further direction to staff. MINUTES: This consent Item - Resolution No. 2022-071 was approved. Moved by Councilmember Hernandez, seconded by Mayor Pro Tern Bacerra to Approve Consent Calendar items 6 through 21. Out of an abundance of caution Councilmember Phan recused herself from items 15 and 19. Councilmember Penaloza recused himself from item 15. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 City Council 4(- 10 1 8/16/2022 Status: 7-0-0-0- Pass **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 22. Provide Direction Regarding the Future Use of the Vacant Cypress Fire Station at 625 S Cypress Avenue Department(s): City Manager Office Recommended Action: It is recommended that the City Council direct the City Manager to do one of the following: 1. Rehabilitate the vacant Cypress Fire Station at 625 S Cypress Avenue into a new Police Athletic and Activities League (PAAL) Center. 2. Seek proposals from local nonprofit organizations as tenants through a competitive Request for Proposals (RFP) process. MINUTES: Council discussion ensued and direction was provided to staff. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS - Members of the public may address the City Council on Public Hearing items. 23. Public Hearing - Adopt a Resolution Vacating a Portion of Alley North of Second Street between Broadway and Sycamore Street, Abandonment 21-01 Legal notice published in the Orange County Reporter on August 5, 2022. Department(s): Public Works Agency Recommended Action: Resolution No. 2022-XXX - Adopt a resolution vacating a portion of alley north of Second Street between Broadway and Sycamore Street. MINUTES: Mayor Sarmiento opened the Public Hearing at 9:59 p.m. Nathaniel Greensides spoke in support of item 23. Mayor Sarmiento closed the public hearing at 10:00 p.m. This Business calendar item Resolution No. 2022-072 was approved. Moved by Mayor Pro Tern Bacerra, seconded by Councilmember Hernandez to Adopt. City Council 41-11 18/16/2022 YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass COUNCILMEMBER REQUESTED ITEMS 24. Discuss and Consider Directing Staff to Implement a Process that Will Allow the City Council to More Efficiently and Effectively Present Councilmember Requested Items on the Agenda — Councilmember Phan MINUTES: Councilmember Phan indicated that a short brief shall be written by the councilmember who would like to have an item considered. The City Manager and City Attorney will review the brief but will not have to approve it. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge provided comments regarding upcoming events. COUNCIL COMMENTS A131234 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. August 4-6, 2022 Councilmember Lopez — Local Progress National Convening 2022 Conference, Denver, CO MINUTES: Councilmember Hernandez provided comments regarding the upcoming Chicano Heritage event. Councilmember Lopez reminded residents of Mabury Park of the upcoming movies in the park event and provided various other comments. Councilmember Mendoza reminded residents of the upcoming concert in the park and encouraged everyone to participate in the Waste Water 101 program. Councilmember Phan announced her participation in the Association of California Water Agencies and what was discussed regarding water conservation. Mayor Pro Tem Bacerra announced his community office hours will be hosted at Thorton Park on September 10tn Mayor Sarmiento provided comments regarding the recent vandalism that occurred in the City Council 42-12 18/16/2022 downtown area and stated that OCTA is working to remedy the situation. ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Sarmiento adjourned the Regular City Council meeting at 10:14 p.m. City Council 43- 13 18/16/2022 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION RECITALS A. The residents of the City of Santa Ana are concerned about public safety and have expressed their concern through various means of civil engagement, including participation in community forums on establishing civilian oversight. B. There have been allegations of excessive force and other types of alleged misconduct committed by Santa Ana Police Officers, which can erode public trust in law enforcement and the community of Santa Ana. The Santa Ana Police Department ("Department" or "Police Department") and the City Council are committed to working together to build trust and improve public safety. C. Historically, the City of Santa Ana has settled several lawsuits involving the Police Department involving incidents prior to 2017. The City Council is committed to exploring ways to reduce liability through improvements in police operations through continued transparency. D. The process for establishing a Police Oversight Commission began in June 2020 when the Mayor and Councilmembers directed staff to research police oversight. This resulted in numerous public informational sessions, data -gathering through two community feedback surveys, and reports outlining the various models of police oversight. In October 2021, the Mayor appointed three Councilmembers to the Police Oversight Ad Hoc Committee, who met from November 2021 to June 2022. The Ad Hoc Committee studied police oversight in detail, resulting in a working draft of an ordinance to establish a Police Oversight Commission. E. The establishment of the Santa Ana Police Oversight Commission will support democratic governance and lead to an even more professional, well -managed, accountable, and highly functioning Police Department. F. Santa Ana residents and the City Council desire a highly resourced and effective Police Oversight Commission to improve law enforcement operations and sustain community trust. G. The Santa Ana City Council is committed to providing the resources needed to properly investigate allegations of police practices, police misconduct, officer -involved shootings, and other serious uses of force and thereby determines it is necessary to ensure the people who conduct investigations have the requisite expertise, establish the credibility of the investigations, and inspire the community's confidence in their quality and independence. 11194Cj1N1 td&btI 5-1 11 /15/2022 H. Pursuant to the City of Santa Ana City Charter Section 700, the City Council may provide for the organization, conduct, and operation of offices, departments, and other agencies set forth in the Charter and may provide for the creation of additional departments, divisions, offices, and agencies and for their alteration or abolition, for their assignment and reassignment to departments, and for the number, titles, qualifications, powers, duties, and compensation of all officers and employees. I. Pursuant to City Charter Section 700, the City Council by ordinance may assign additional functions or duties to offices, departments, or other agencies or create additional offices or departments. J. Pursuant to City Charter Section 900, the City Council may establish appointive boards and commissions by ordinance and shall specify in such ordinance the powers and duties of the boards and commissions. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. Division 16 is hereby added to Article IV of Chapter 2 of the Santa Ana Municipal Code to read as follows: CHAPTER 2 ARTICLE IV DIVISION 16 — POLICE OVERSIGHT COMMISSION Sec. 2-660. Establishment and Purpose. There is hereby established a Police Oversight Commission (hereinafter referred to as the "Commission"). The purpose of the Commission shall be to improve transparency, increase the accountability of and public confidence in the Santa Ana Police Department and to provide for an Independent Oversight Director. The purpose of the Commission is to act through the Independent Oversight Director to provide the Chief of Police, City Manager, and City Council independent investigations of, analysis, and recommendations on police practices, police misconduct, officer -involved shootings, and other serious uses of force. Sec. 2-661. Police Oversight Commission Membership and Term. The Commission shall consist of seven (7) members to be appointed by the city council from the residents of the city. The city council shall strive to appoint members who are fair and impartial, and who represent diverse social, economic, and political interests. The city council shall consider the career and life experiences of Commission applicants and appoint those 5539461g tN f l6 l 5-2 11 / 15/2022 who are representative of the diversity of the Santa Ana community and whose knowledge and experiences will most benefit the Commission's ability to carry out its duties and responsibilities and build trust with the community. The City Council will strive to appoint applicants with knowledge and/or experience in the fields of human resources practices, management, policy development, auditing, law, investigations, social services, civil rights, and civil liberties. The Clerk of the Council shall prepare application forms requiring applicants to provide information demonstrating that they meet qualification requirements set forth in Section 2-662. Sec. 2-662. Qualifications of Commissioners. (a) All members of the Commission shall reside in the City of Santa Ana. (b) Elected or appointed officers and employees serving the City shall not be eligible for appointment to the Commission. (c) Retired peace officers or peace officers who have separated from public service shall not be eligible for appointment to the Commission unless at least five (5) years has passed from the date of their separation from the governmental entity with which they were previously employed. Only one former or retired peace officer, who is appointed first in time, may serve on the Commission at any given time. "Peace officer" as used herein shall have the same meaning and definition as set forth in California Penal Code section 830 et seq. (d) Practicing attorneys who handle, or are members of firms or entities that currently handle, criminal or civil matters involving the Santa Ana Police Department are ineligible to serve on the Commission. Sec. 2-663. — Commissioner confidentiality and training. (a) Prior to attending their first Commission meeting, each Commissioner shall take an oath and execute a confidentiality agreement stating that they will not divulge or disseminate confidential information, including identities of witnesses and contents of confidential testimony and documents, either during their term of office or thereafter to ensure that confidential personnel information and other information subject to state law protections is not released or shared. (b) No later than 90 days after appointment, each member shall: 1. Receive training in relevant subject matters, including but not limited to the Police Department's operations, policies, practices, procedures related to the following: internal affairs investigations; authorized uses of force, including the use of deadly force, control devices, and techniques; uses of conducted energy device; handcuffing and restraints; detention and arrest of persons; search and seizure of persons and property; the department's established focus of de-escalation tactics, vehicle pursuits, and the duties, responsibilities, procedures, and requirements associated with all ranks and assignments facilitated by the Independent Oversight Director 5539461g% I NU H6tl 5-3 11 /15/2022 2. All training shall be predominantly obtained from independent, third -party bodies or institutions that have experience with internal affairs of police departments and civilian review investigations and audits. 3. Attend training sessions sponsored by the National Association for Civilian Oversight of Law Enforcement or similar entities, or through presentations provided on topics including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, and due process, procedural rights and confidentialities afforded to police officers by California law (including, but not limited to, Government Code Section 3300 et seq., Penal Code Sections 832.7 and 832.8, and Evidence Code Sections 1040- 1043), state use of force standards, police union contracts, labor rights, in -person implicit bias training, and best practices for conducting investigations. (c) Members of the Commission, may, but are not required to, participate in a ride - along with the Santa Ana Police Department. Sec. 2-664. - Meetings. The Commission shall hold its first meeting when there are a sufficient number of appointed Commissioners to constitute a quorum. At such meeting, the Commission shall fix the time and place of regularly scheduled meetings which shall not meet less than once each month. The City Manager or their designee shall attend all regular and special meetings of the Commission and provide regular staff support to the Commission. The Police Chief or their designee shall also attend such meetings as requested by the Commission. Sec. 2-665. - Powers and duties of the Police Oversight Commission. To effectuate its purpose, the Commission shall: (a) Review, evaluate and make recommendations to the Chief of Police and City Council regarding the Police Department's policies, practices, and procedures, develop programs and strategies to promote positive police -community relations, and make appropriate recommendations to the City Manager and the City Council. Within thirty (30) days after receiving such recommendations, the City Manager shall submit a response to the Commission. If the Commission is dissatisfied with the response, the Commission may submit its recommendations to the City Council. The City Manager may extend for an additional thirty (30) days the time periods in which they are required to submit their responses to the Commission by giving the Commission written notice of such extension. (b) Receive, hear, and review misconduct complaints, tort claims, or lawsuits made against on -duty Santa Ana Police Officers which allege Santa Ana Police Officers have engaged in the following conduct: (1) officer -involved shootings- discharge of a firearm at a person by a Santa Ana peace officer that results in death; (2) in -custody deaths; 5539461g tNf 6tl 5-4 11 /15/2022 (3) uses of force that result in great bodily injury of a person; (4) prejudice or discrimination involving a protected class; (5) dishonesty; (6) sexual assault; (7) unlawful arrest or unlawful search; (8) unreasonable or excessive force; (9) failure to intervene against another officer using force that is clearly unreasonable/excessive; or (10) unlawful activities/conduct that interferes with First Amendment assemblies. (c) All complaints to be reviewed by the Commission must be in writing on forms supplied by the Department or the Commission. Anonymous complaints will be accepted. The Commission will not be authorized to retroactively conduct investigations of complaints. (1) A copy of each complaint, tort claim, and/or lawsuit that alleges misconduct as set forth in section 2-665(b), regardless of where or how it is filed or submitted, shall immediately be forwarded to the members of the Commission, the Independent Oversight Director, the City Manager and the Chief of Police. (2) No complaint shall be accepted, reviewed, or investigated by the Commission or the Independent Oversight Director if it is not filed/submitted within one (1) year after the alleged misconduct by a Santa Ana Police Officer. (3) All Commission discussions with the Independent Oversight Director concerning alleged misconduct by any Santa Ana Police Officer shall be held in closed session. At least ten (10) days' advance written notice of the date of the meeting in which a specific officer will be discussed in closed session shall be provided to the complainant and the named police officer and their legal counsel, if known to the Commission. (d) Receive and discuss reports from the Independent Oversight Director on all incidents involving the following types of alleged misconduct by Santa Ana Police Officers: (1) officer -involved shootings- discharge of a firearm at a person by a Santa Ana peace officer that results in death; (2) in -custody deaths; (3) uses of force that result in great bodily injury of a person; (4) prejudice or discrimination involving a protected class; (5) dishonesty; (6) sexual assault; (7) unlawful arrest or unlawful search; (8) unreasonable or excessive force; (9) failure to intervene against another officer using force that is clearly unreasonable/excessive; or (10) unlawful activities/conduct that interferes with First Amendment assemblies. (e) Direct the Independent Oversight Director to independently review and investigate citizen complaints, tort claims, or lawsuits alleging the types of police misconduct as identified in section 2-665(b) or when the City Council provides authorization pursuant to Santa Ana City Charter Section 1100 subject to the restrictions set forth in Government 5539461g% l NU H6l l 5-5 11 /15/2022 Code Section 3300 et seq., California Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, the Santa Ana Charter and Municipal Code, the MOU that applies to the impacted member, and Santa Ana Police Department's policies and procedures. (f) The Independent Oversight Director shall review and investigate timely filed/submitted complaints as soon as possible. Pursuant to Santa Ana City Charter Section 1100, the City Council hereby authorizes the Independent Oversight Director to subpoena witnesses, administer oaths and compel the production of evidence for their independent investigation. At the conclusion of the investigation, the Independent Oversight Director shall submit a report with findings and recommendations, orally and in writing, to the Commission. (1) Upon receipt of the Independent Oversight Director's report, the Commission may: (i) Direct the Independent Oversight Director to investigate the complaint further; (ii) Forward the Commission's findings and recommendations concerning the complaint to the City Manager based upon the Independent Oversight Director's report; and (iii) Make disciplinary recommendations to the Police Chief and/or the City Manager, when a complaint of misconduct has been sustained against a Santa Ana Police Officer subject to the restrictions set forth in Government Code Section 3300 et seq., California Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, the Santa Ana Charter and Municipal Code, the MOU that applies to the impacted member, and the Police Department's policies and procedures. This subdivision does not, however, provide the Commission or the Independent Oversight Director the authority to impose any discipline on any member of the Police Department. All discipline ultimately imposed on any peace officer must comply with all federal, state and local laws, including, but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member, and the Police Department's policies and procedures. Unless extended by the Commission, within sixty (60) days after receiving such recommendations, the Police Chief or City Manager shall submit a response to the Commission. If the Commission is dissatisfied with the response, the commission may submit its recommendations to the City Council. The Police Chief and/or City Manager may extend for an additional thirty (30) days the time periods in which they are required to submit their responses to the Commission by giving the Commission written notice of such extension. (g) Authorize the Independent Oversight Director to audit complaint files and review policies to ensure best practices are implemented. (h) Advise the Mayor, City Council, City Manager and Police Chief on community relations issues involving the Police Department. (i) Review any Memorandum of Understanding (MOU) between the City and the Santa Ana Police Officers Association or the City and the Santa Ana Police Management 11394CJ1N1 td&btI 5-6 11 /15/2022 Association, and provide suggestions and recommendations concerning negotiations to the City Manager and the City Council. Q) Conduct public meetings to educate the community on the purpose of the Police Oversight Commission and provide a forum for discussions about police policies, practices, and procedures. (k) Prepare and submit an annual report to the City Council concerning the Commission's activities, findings and recommendations. The annual report shall include, at a minimum, the following: The number of investigations initiated during the annual reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of investigations concluded during the reporting period, and, of those investigations, the number that took more than six months to conclude and data summarizing the nature of the alleged or actual underlying conduct; The number of investigations pending as of the end of the reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of complaints not sustained during the reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of complaints sustained during the reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of complaints filed against each police officer during the reporting and data summarizing the nature of the alleged or actual underlying conduct; The number of disciplinary recommendations issued to the Police Chief and City Manager, as well as the number of recommendations accepted and rejected. The number of complaints referred to other agencies during the reporting period and the identity of such other agencies and data regarding summarizing the nature of the alleged or actual underlying conduct. The reports or recommendations submitted to the City Council, Police Chief, and City Manager concerning Commission regulations, legislation, or budgetary allocation and Police department policies, procedures, customs, orders, collective bargaining agreements, programs, and training, as well as the appropriate party's response to such reports or recommendations. (1) Perform such other duties as requested by the City Council. All staff work must comply with all federal, state and local laws, including but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code 5539461g% l NU H611 5-7 11 /15/2022 Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member and Santa Ana Police Department's policies and procedures. (m) References to Santa Ana Police Department's policies and procedures in this Division shall mean all current policies and procedures in place that apply to administrative/internal affairs investigations. Those policies and procedures shall not be amended in any way that may conflict with this Ordinance, unless otherwise required by law. Sec. 2-666. — Appointment and role of an Independent Oversight Director. (a) The City Council does hereby authorize the appointment of an Independent Oversight Director, pursuant to City Charter Section 1100 and in accordance with this Section 1100 shall appoint the Independent Oversight Director. The Independent Oversight Director may be engaged through a professional services agreement or may be hired as an exempt at -will City employee who will serve at the will and pleasure of the City Council and will be subject to removal by majority vote of the City Council. (b) In addition to regular staff support provided to the Commission, the Independent Oversight Director shall assist the Commission in performing its duties and exercising its powers. (c) After receiving a complaint, tort claim, or lawsuit and when directed by the Commission, the Independent Oversight Director shall, in accordance with this division, conduct investigations of allegations of on -duty Santa Ana Police Officers who have engaged in the following conduct: (1) officer -involved shootings- discharge of a firearm at a person by a Santa Ana peace officer that results in death; (2) in -custody deaths; (3) uses of force that resulted in great bodily injury of a person; (4) prejudice or discrimination involving a protected class; (5) dishonesty; (6) sexual assault; (7) unlawful arrest or unlawful search; (8) unreasonable or excessive force; (9) failure to intervene against another officer using force that is clearly unreasonable/excessive; or (10) unlawful activities/conduct that interferes with First Amendment assemblies. In addition to conducting investigations of complaints, tort claims, and/or lawsuits alleging the type of misconduct set forth in section 2-665(b), the Independent Oversight Director shall also have the independent authority to periodically request and review citizen complaints and "use of force" reports or other pertinent documents maintained by, or available to, the Chief of Police to determine whether death or great bodily injury was caused by direct police action. No investigations shall be commenced on any incidents 11194CJ1N1 d,dflbtI 5-8 11 /15/2022 that occurred prior to the effective date of the Ordinance enacting this Division. Any review of historical data or incidents must comply with all federal, state and local laws, including but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member and Santa Ana Police Department's policies and procedures. (d) The Independent Oversight Director shall conduct all audits and investigations in a fair, objective, impartial, and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300, et seq.) in interviewing police officers. The Independent Oversight Director shall prepare a written report of each investigation that will constitute the public record and may discuss confidential or privileged information with the Commission in a properly notice closed session. The report shall comply with the provisions of Penal Code Sections 832.5, 832.7 and 832.8 and Evidence Code Sections 1043 through 1046. After review by the Commission, the public record of the investigation shall be posted on the public website for the Commission within thirty (30) days. All disclosures of investigations conducted by the Independent Oversight Director shall comply with California Penal Code Sections 832.5, 832.7 and 832.8 and California Evidence Code Sections 1043 through 1046, as amended from time to time. The Independent Oversight Director may discuss findings with the Commission and/or the public in strict compliance with California Penal Code Sections 832.5, 832.7 and 832.8 and California Government Code Sections 3300, et seq. (e) The City Manager or their designee shall assist with advertising the position of Independent Oversight Director and shall prepare the necessary documents to engage the Independent Oversight Director. The City Council shall review all qualifying applications and select no more than three applicants to interview for the role of Oversight Director. The Commission shall be permitted the opportunity to review the top three applicants and recommend a candidate to the City Council. The Independent Oversight Director shall be authorized by the City Council under Charter Section 1100 to report directly to the City Council. Sec. 2-667. — Budget and Support for Commission and Oversight Director. The City Manager shall make a recommendation to the city council, as part of the annual City budget, to fund the Commission and any additional labor, consulting, equipment, training, or materials necessary for the Commission and the Independent Oversight Director to carry out the duties and exercise the powers set forth in this Division. Sec. 2-668 — Access to Police Department records, data and reports. To effectuate meaningful oversight and accountability, the Commission and the Independent Oversight Director shall have complete and prompt access to all police department records, information, and data, including, but not limited to, audio and video recordings, photographs, police reports, dispatch logs, and other records related to the underlying incident to assist the Commission and the Independent Oversight Director in effectively discharging their respective duties, subject to all federal, state and local laws 11194CJ1N1 d,dflbtI 5-9 11 /15/2022 including any and all restrictions set forth in the Santa Ana Charter, Municipal Code and the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300, et seq.). The Police Department shall designate staff who will timely receive and process requests for records made by the Commission and/or the Independent Oversight Director. To increase transparency, all data including, but not limited to, stop, detention, arrest, and use of force data, including Racial and Identity Profiling Act ("RIPA") data and reports, that are legally disclosed to the Department of Justice and/or any other federal or state law enforcement agency, shall, at the time of disclosure of that data, be concurrently provided to the Commission and the Independent Oversight Director. Sec. 2-669. - Rules and records. The Commission shall, in consultation with the Independent Oversight Director and the City Manager, develop rules for the transaction of business of the Commission, which rules shall, among other things, include the manner of calling and giving notice of special meetings and hearings, and the appointment and powers of ad hoc and standing subcommittees. Said subcommittees may be formed to work on various topics within the scope of police activities. The city council shall adopt the rules for the transaction of business of the Commission. The Commission shall also keep records of its resolutions, rules, transactions, motions, orders, findings, recommendations and determinations. Except for those items made confidential by California Penal Code Sections 832.5, 832.7 and 832.8, or by any other applicable privileges under the law, the records of the Commission shall be open to the public. Commission reports shall be posted on the City's website and open to public inspection, except that information contained therein that is confidential and prohibited from disclosure under any other applicable law shall be redacted. Sec. 2-670. Severability. Should any provision of this division, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this division or Chapter or the application of this Division or Chapter to any other person or circumstance and, to that end, the provisions hereof are severable. Secs. 2-671 - 2-699 Reserved. SECTION 2. Section 2-325 of Article IV of Chapter 2 of the Santa Ana Municipal Code is hereby amended to add a subsection (i) to read as follows: (New language is underlined) Sec. 2-325. - Compensation for members of boards, commissions. 1. The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community development and housing commission. Fifty dollars ($50.00) per 11394CJ1N1 td&btI 5 — 10 11 /15/2022 meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel board. Fifty dollars ($50.00) per meeting. (c) Planning commission. Fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. (d) Historic resources commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (e) Parks, recreation and community services commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (f) Environmental and transportation advisory commission. Fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (g) Youth commission. One (1) meeting per month, three (3) special meetings maximum per year with the compensation of fifty dollars ($50.00) per meeting. (h) Arts and culture commission. Each commission member shall receive a maximum compensation in the amount of fifty dollars ($50.00) for attendance at one (1) regular meeting per month. i) Police Oversiaht Commission. Each Commissioner shall receive $50 oer meetin with no more than four (4) compensated meetings per month. 2. The members of the appointive boards and commissions may receive reimbursement for necessary traveling and other expenses when on official duty of the city when such expenditure has been appropriated by the city council and authorized by the board or commission and subject to rules and regulations prescribed by ordinance or order of the city council. SECTION 3. The Clerk of the Council shall attest and certify to the passage and adoption of this Ordinance, and shall cause same to be posted as required by law and this Ordinance shall take effect thirty (30) days after its final adoption. SECTION 4. If any section, subsection, sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation 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 passed this Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. 5539461g% l NU H6tl 5 —11 11 /15/2022 ADOPTED this day of November, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: S6hia Carval o, City Attorney l �URLVL--- By: Tamara Bogosian Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 11394CJ1N1 td&btI 5 — 12 11 /15/2022 Public Works Agency www.santa-ana.org/pw Item # 6 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Certification of Final Parcel Map 2017-157 AGENDA TITLE Receive and File the Certification of Approval by City Engineer of Final Parcel Map 2017-157 (200 E First American Way) (Applicant: Ki Ryu; Owner: Legado at The Met, LLC) RECOMMENDED ACTION Receive and file the certification of approval by City Engineer of the final Parcel Map 2017-157. DISCUSSION In California, regulation and control of the division of real property is vested in the legislative bodies of local agencies by the Subdivision Map Act. In the City of Santa Ana, the regulations and processes are provided in Chapter 34 of the Santa Ana Municipal Code (SAMC), which pursuant to Section 34-126, includes the approval of tentative parcel maps by the Zoning Administrator. Following the approval of a tentative map by the approving body, the property subdivider prepares and submits a final map or final maps to the City Engineer for approval. If each final map is in the correct form, prescribed by the Subdivision Map Act and Chapter 34 of the SAMC, and all conditions set forth in the tentative map are met, the final map shall be approved by the City Engineer. On January 16, 2019, the Zoning Administrator approved Tentative Parcel Map 2017-02 (Orange County Parcel Map No. 2017-157) at 200 East First American Way. The approved tentative parcel map (Exhibit 1) allows for subdivision of the vacant project site into two parcels to facilitate development of the previously entitled 278-unit Legado at the Met mid -rise apartment development on a 2.18 acre parcel, and creates a remainder 0.92 acre parcel for a future high-rise development. The City Council was informed of the Zoning Administrator's decision at its March 19, 2019 meeting. The City Engineer is in the process of reviewing the final parcel map (Exhibit 2) for technical accuracy and final approval. This action informs the City Council of the imminent approval of the referenced subdivision based upon the Subdivision Map Act City Council 6-1 11/15/2022 Certification of Final Parcel Map 2017-157 November 15, 2022 Page 2 and meeting all the conditions of approval set by the City. Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of November 15, 2022. 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. Tentative Parcel Map 2. Final Parcel Map Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 6-2 11/15/2022 a Kip alb J 4 o a Jig, III I q RI c = 4Aa I APR 4fl-O72- d ZONING SO-43 I LAND USE: DISTRICT CENTER 1 ta`P M MCi 13802 F F�6�y BOOK 64g, PAGE 44-46 g§P6�A' TRACT 13602 M.M. BOON 649, PAGE 44-48 I "R£ IN gRA I i F `e3. € qpqp s e,' a 9 54 P H d 'ef REF 'A� .F & 8 g 8 ,� j m ! 3 3 �'� :� e$ `s � � 3 -ig6i4 I 1 1151; a� s s s � E � � 9 n '� `�� R o �s� c� a d 9E8�¢ # �S�f ,zf'"�J Ta e G C -- - THE MET a u, TENTATIVE PARCEL MAP NO. 2017-157 ■■■ Bkf .J';tu 4 FA6WFFRl. FY6YFTPRt. PLAAXFA ramxonme, CITY OF SANTA ANA COUNiV OF ORANGE STATE OF [ALIFDRNIA_-_- &nbsp;6 &ndash;&nbsp;3 &nbsp; III VLI\ I II IVP%I L• JDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE =RED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND N OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. EREBY DEDICATE TO THE CITY OF SANTA ANA FOUR (4) WATER EASEMENTS S/EGRESS AND INSPECTION PURPOSES DEDICATED PER THIS MAP. ,ADO AT THE MET LLC, A CALIFORNIA LIMITED LIABILITY COMPANY JVRVLlur% J JIFIILMLIVI; THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LEGADO AT THE MET LLC IN MAY 2018. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS ON OR BEFORE DECEMBER 15, 2023; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THIS PARCEL MAP 2017-157 SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, AND IS TRUE AND COMPLETE AS SHOWN. DATE: ZYU—VICE PRESIDENT DEVELOPMENT ACKNOWLEDGMENT PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE F THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. 4LIFORNIA )SS. BEFORE ME, , A NOTARY SONALLY APPEARED WHO PROVED THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) 3SCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT Y EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT /THEIR SIGNATURES) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON NHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. VDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT ING PARAGRAPH IS TRUE AND CORRECT. HAND GNATURE: FARY'S NAME: RINCIPAL PLACE OF BUSINESS: )MMISSION NUMBER: OF NOTARY'S COMMISSION: RE OMISSIONS NOTE TO THE PROVISION OF SECTION 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT, /ING SIGNATURES HAVE BEEN OMITTED: BELL (AT&T SUCCESSOR), HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES ISTRUMENT NO. 1990-272005, RECORDED MAY 22, 1990, OF OFFICIAL RECORDS )F SANTA ANA, HOLDER OF AN EASEMENT FOR STREET, HIGHWAY, AND UTILITY SES PER INSTRUMENT NO. 1998-0210002, RECORDED APRIL 9, 1998, OF aL RECORDS DEEDS. )F SANTA ANA, HOLDER OF AN EASEMENT FOR STREET, HIGHWAY, AND UTILITY SES PER INSTRUMENT NO. 1998-0210003, RECORDED APRIL 9, 1998, OF \L RECORDS DEEDS. )F SANTA ANA, HOLDER OF AN EASEMENT FOR STREET, HIGHWAY, AND UTILITY SES PER INSTRUMENT NO. 1998-0210004, RECORDED APRIL 9, 1998, OF aL RECORDS DEEDS. MENT CERTIFICATE: TO THE PROVISION OF SECTION 66411.1 OF THE SUBDIVISION MAP ACT, NOTICE GIVEN THAT PUBLIC IMPROVEMENTS ARE REQUIRED TO BE CONSTRUCTED OR OSTED AS A GUARANTEE FOR SAID IMPROVEMENTS IN ACCORDANCE WITH THE Y WITH THE CONDITIONS AND REQUIREMENTS OF TENTATIVE PARCEL MAP NO. 157, APPROVED BY THE ZONING ADMINISTRATOR ON JANUARY 16, 2019. Y WITH THE REQUIREMENTS OF THE DEVELOPMENT PROCESSING MEMORANDUM )16-017RR DATED JULY 28, 2017 AND 2017-027RR DATED AUGUST 29, 2018 THE PUBLIC WORKS AGENCY TO THE PLANNING AND BUILDING AGENCY DATED ?8, 2017. rr*rDAVISTHRESH LANDBY: DATE: 7/20/2022 DAVIS THRESH, P.L.S. NO. 6868 EXPIRES 9/30/2022 0 COUNTY SURVEYOR'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THIS DAY OF , 20 KEVIN R. HILLS, COUNTY SURVEYOR L.S. 6617 m LILY M. N. SANDBERG, DEPUTY COUNTY SURVEYOR L.S. 8402 CITY ENGINEER'S STATEMENT: I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE PARCEL MAP, IF REQUIRED, AS FILED WITH, AMENDED AND APPROVED BY THE CITY ZONING ADMINISTRATOR; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH. DATED THIS DAY OF 20 BY: TAIG HIGGINS R.C.E. 43987 INTERIM CITY ENGINEER OF THE CITY OF SANTA ANA REGISTRATION EXPIRES: 6/30/2023 CITY CLERK'S STATEMENT I HEREBY CERTIFY THAT ON DAY OF , 2022, THE INTERIM CITY ENGINEER ON BEHALF OF THE CITY COUNCIL PURSUANT TO SECTION 34-183 OF THE SANTA ANA MUNICIPAL CODE APPROVED SAID MAP. AND DID ALSO APPROVE SAID MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(A)(3)(A) OF THE SUBDIVISION MAP ACT. DATED THIS DAY OF , 20 :0 DAISY GOMEZ, MMC CITY CLERK OF THE CITY OF SANTA ANA COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE SATE OF CALIFORNIA )SS COUNTY OF ORANGE ) I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. DATED THIS DAY OF , 20 SHARI L. FREIDINRICH COUNTY TREASURER —TAX COLLECTOR &nbsp; City Council &nbsp;6 &ndash;&nbsp;4 11/15/2022 &nbsp; p /YL 1 V19 "2 AVENUE M M COLUMBINE AVENUE 0 INDICATES OCS HORIZONTAL CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE ORANGE COUNTY SURVEYOR'S OFFICE (RI) RECORD PER TRACT NO. 13802 (R2) RECORD PER PMB 313/12-17 (R3) RECORD PER RECORD OF SURVEY NO. 2017-1190, 298/13-29 (R4) RECORD PERLOT LINE ADJUSTMENT NO. 98-001 INST. NO. 19980210009 (R5) RECORD PER LOT LINE ADJUSTMENT NO. 2004-02 INST. NO. 200400078035_ (R6) RECORD PER RECORD OF SURVEY NO. 2013-1147, 275/23 (M) MEASURED DISTANCE FOUND SPIKE & WASHER, STAMPED "RCE 32636", PER R1, R2. N88'31'04"W 1017.47' (1,017.40' R2)(1017.44' REGENCY BOULEVAR I R-28.00' q 'a A-90'00'00" (L=43.98' M&R4 36) - N88'31'04"W (402.00' T-322.00'- I 1 I L P102, 17ss' N � � a s � O1 WATER EASEMENT FOR INGRESS/EGRESS PURPOSES DEDICATED TO THE CITY OF SANI MAP. FOUND SPIKE STAMPED "LS 555 R3)(1017.42' R6) SET 2" I.P. X 18" D WITH TACK & TAG Ia STAMPED "LS 6868 M_&R4) i DOWN 0.2' IN TREE ROOT 14' 1A M o o_ 1 Iw I� r SET 2" I.P. X 18" WITH TACK & TAG N8831'04"W STAMPED "LS 6868", 58.00' G N 1 DOWN 0.2IN DIRT al LOT 1 Z 7 SET 2" I.P. X 18^ LLA NO. 98-001 N W < 1 WITH TACK &TAG a, M INSTRUMENT NO. 1 998— 210009 STAMPED "LS 6868", o O I DOWN 0.2' IN DIRT RECORDED 04/09/98, Q.R. J w ;�� -�,s PARCEL 1 Iw PARCEL 2 01 a III 96,011 SQ. FT.t 1,� 39,248 SQ. FT.: ,p O N NI C I 0 1 N88.31'04"W N01'28'56"E I SET LEAD, TACK & TAG 64 9 50• M&R4 R6 STAMPED "LS 6868 (3.00' M&R4 R6) ( ) FLUSH IN WALK B 17 N0632'16"E R=25.00' 19.00� B N86'53'47"E- p=90'00'00" (35.08' M&R4 R6) (L=39.27' M&R4 R6) N88'31'04"f.- �01'28'56"E p=5'03'20" L=110.29• (152.17' M&R4o =p=g•g3'51" L=10564' (9.50M&R4 R6) ^' L-215.93• M&R4 R6 FOUND SPIKE & WASHER SET GEAR SPIKE & WASHER STAMPED "PLS 7914", PER STAMPED "LS 6868', o N88'31'04"W CORNER RECORD 2009-1389 FLUSH IN ASPHALT 1 (752.00' R3) J i �' N88-31'04^W 246., 6' (246.17' R1 R6)(246.19• R2)(245.97(13=1200.00' A-39'09.45^ L=820.22• Rj N 2202158.37OUND SPIKE & WASHER, - E 6069530.46 MACARTHUR BOULEVARD STAMPED "RCE 23356", ESTABLISHED PER R1 CURVE PER R1 NOTES 1. ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. THE DISTINCTIVE BORDER LINE INDICATES THE BOUNDARY OF THE LAND SUBDIVIDED BY THIS MAP AND CONTAINS AN AREA OF 3.105 ACRES (135,259 SQ. FT.), MORE OR LESS. BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN OCS HORIZONTAL CONTROL STATION GPS NO. 6091R1 AND STATION GPS NO. 6096 BEING NORTH 01'28'24" EAST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. SURVEYOR'S BOUNDARY NOTE THERE ARE NO CONFLICTS WITH EXISTING VISIBLE IMPROVEMENTS EXTERIOR BOUNDARY LINE (DISTINCTIVE BORDER) OF THIS ESTABLISHED HEREON. DATUM STATEMENT COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINA" (CCS83), ZONE VI, NAD83, (2017.50 EPOCH OCS GPS AD, DISTANCES SHOWN HEREON ARE GROUND. GRID DISTANCES MAY BE BY MULTIPLYING GROUND DISTANCES BY 0.99997850 (MEAN VALUE) City Council 6-5 11/15/2022 Finance and Management Services www.santa-ana.org/finance Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Quarterly Investment Report AGENDA TITLE: Receive and File Quarterly Report of Investments as of September 30, 2022 RECOMMENDED ACTION Receive and file. DISCUSSION California Code Section 53646 (b) states that if a quarterly report is rendered to the legislative body, the quarterly investment report shall be submitted within 30 days following the end of the quarter covered by the report. In an effort to meet the statutory requirement, Finance & Management Services Agency ("FMSA") submits the Report via email for review and distribution to the City Council in advance. The report was emailed for distribution on October 24, 2022. The legislation specifies that this quarterly report contains the seven major elements listed below: 1. Type of investments, 2. Date of maturity, 3. Par and dollar amounts invested in each security, 4. Weighted average maturity of the investments, 5. Market value as of the date of the report, 6. Source of the market value information, and 7. Any funds, investments, or programs, including loans, under the management of contracted parties. These specifications include a statement outlining the ability of the City to meet the budgeted expenditures for the subsequent six months to be submitted to the City Council on a quarterly basis. Staff performs an end -of -month expenditure analysis to comply with the expenditure requirement and a statement confirming the ability to meet this requirement in the monthly and quarter -ending Treasurer's Report. The information is in compliance with State law and the City's Investment Policy. The attached Treasurer's Report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of September 30, 2022. City Council 7-1 11/15/2022 Quarterly Investment Report November 15, 2022 Page 2 The attached Cash held by Bank and Cash held by Fund(s) Listing (Exhibit 2) is a schedule of cash by funds added to the monthly and quarterly Report of Investments to enhance FMSA's reporting and transparency. The following two tables represent: (1) percentage limits set by the City's Investment Policy and State Law and shows respective City investment portfolio investment types, amounts, and percentages; and (2) the restricted cash balance as of September 30, 2022. Type of Investment yP Amounts Invested $ Portfolio % COSA Policy Limits State Law Limits Certificates of Deposit CDs $6,696,000 1.36% 30% 30% Federal Farm Credit Bank FFCB $60,409,210 12.23% None None Federal Home Loan Bank FHLB $225,225,370 45.62% None None Federal Home Loan Mortgage Corp. (FHLMC) $44,993,750 9.11 % None None Federal National Mortgage Association FNMA $60,927,930 12.33% None None Local Agency Investment Fund LAIF $18,206,879 3.69% None None Local Agency Investment Fund LAIF — ARPA $72,515,236 14.66% None None U.S. Treasury $4,990,000 1.00% None None Sub- Total: $493,964,375 100% None None Cash : $22,324,861 Total: $516,289,236 Restricted Cash In $ Restricted Cash t, $3,215,323 Total $3,215,323 t Restricted cash is held by various Trustees such as Bank of New York Mellon; US Bank; Signature Bank; and State of California Condemnation Fund. Restricted Cash is segregated from cash used for daily operations. The following City investment portfolio graph represents percentages within the respective investment types as of September 30, 2022. City Council 7-2 11/15/2022 Quarterly Investment Report November 15, 2022 Page 3 U.S. Treasury 1.00% Local Agency Investment Fund (ARPA) 14.66% Local Agency Investment Fund �LAIF)... Federal National Mortgage Association (FMN4ral Hone Loan 12.3396 Mortgage Corp. (FHLMC) 9.11°0 City of Santa Ana Investment PortfoI io September 30, 2022 Certificates of aepo5it (Ca) 1.36% Federal Farm Credit Bank (FFCB) 12.23% Federal Home Loan Bank (FHL6) 45.62V� The following two tables represent, as of September 30, 2022: (1) the aggregate Average Market Yield To Date (AMTD); and (2) the breakdown of by investment type. Aggregate Average Market Yield To Date Average Month To Date (AMTD) 1 1.239% Investments Book Value of Investments YTM % of Portfolio Certificates of Deposit $6,696,000 1.181 % 1.36% 0.016% LAIF $18,206,878.78 1.513% 3.69% 0.056% LAIF ARPA $72,515,236.15 1.513% 14.68% 0.222% Federal Agency Securities $391,556,260.25 1.169% 79.27% 0.927% U.S. Treasury $4,990,000 1.839% 1.00% 0.018% $493,964,375 1.239% 100.00% 1.239% Cash held by Bank and Cash by Fund(s) Listing (Exhibit 2) The above -referenced exhibit (Exhibit 2) includes a comparison of bank balances between each City Cash account including Investments; Cash held at a City designated financial institution; Cash on Hand; and Restricted Cash versus the Cash held by various Fund(s). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 7-3 11/15/2022 Quarterly Investment Report November 15, 2022 Page 4 EXHIBIT(S) 1. Treasurer's Report 2. Cash Held by Bank and Cash Fund(s) Listing Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 7-4 11/15/2022 EXHIBIT 1 City of Santa Ana Portfolio Management Portfolio Summary September 30, 2022 Par Market Book % of Days to YTMIC Investments Value Value Value Portfolio Term Maturity Certificates of Deposit 6,696,000,DD 6,008,507.84 6,696,000.00 1.36 1.663 1,370 1.181 Local Agency Investment Funds 18,206,878.78 18,206,878.78 18.206.878.78 3.69 1 1 1.513 Cash in Banks 72,515,236.15 72,515,236.15 72.515.236.15 14.68 1 1 1.513 Federal Agency Coupon Securities 391,675,000.00 356,898,433.50 391,556,260.25 79.27 1,575 339 1.169 Treasury Coupon Securities 5,000,000.00 4,788,300.00 4,990,000.00 1.01 837 638 1.839 494,093,114.93 468,417,356.27 493,964,375.18 100.00% 1,280 294 1.239 Investments Cash Passbook/Checking 22, 324, 860.64 22, 324,860.64 22,324 860.64 1 1 0.000 (not included in yield calculations) Total Cash and Investments 516,417,975.57 460,742,216.91 516,289,235.82 1,280 294 1.239 Total Earnings September 30 Month Ending Fiscal Year To Date Current Year 528,977.11 1,571,668.43 Average Daily Balance 518,667,510.38 541,387,363.51 Effective Rate of Return 1.24% 1.15% This report contains all the required information in SB 866 and SB 564 and accurately reflects all pooled investments held during this reporting period on behalf of the City and the City of Santa Ana acting on behalf of the Community Redevelopment Agency. The information reported Herein is in compliance with State law and the City's Investment Policy. Based on liquidity of investments, the City of Santa Ana is able to meet budgeted expenditure requirements for the next six months, barring any catastrophic natural disasters. Market pricings are obtained through the City's third party trust services at BNY Melton Trust. Finance & Mgmt Services Agency, Reporting period 09/0112022-0913012022 Run Dale: loll 912o2iCptye C o u n C I l 7-5 Portfolio COSA 11 /15/20221r 7a 11 Report Ver. T3.11 City of Santa Ana Portfolio Management Portfolio Details - Investments September 30, 2022 Page 1 Average Purchase Stated YTM1C YTM1C Days to Maturity CUSIP investment 0 Issuer 13212neahate Par Value Market Value Book Value Rate360 366 Maturity Certificates of Deposit 06417NF73 14051 BANK OZK 11/12/2021 248.000.00 217.662.28 248,000.00 0.600 0.592 0.600 1,319 05/12/2026 02568KAJ4 14043 American Equity Bank 11/26/2021 248,000.00 218.194.05 248,000.00 0.700 0.690 0.700 1,334 05/27/2026 70962LAV4 14050 PENTAGON FCU 11/10/20ZI 248,000.00 210.199.00 248,000.00 1.DD0 0.986 1.000 1,501 1111M026 549104Z59 14046 LUANA SAVINGS BK 11/05/2021 248,000.00 214.764.03 248,000.00 D.600 0,592 0.600 1,496 11/06/2028 67155FD75 14047 SYNCHRONY RANK 11/05/2021 248.000.00 219,454.50 248,000.00 1.100 1.085 1,1DO 1,496 11/05/2026 02589ABT8 14D78 AMERICA EXPRESS NATL BK 0311612022 248.000.00 226,601.99 248,000.00 2.DOO 1.973 2000 1,627 03/16/2027 15721UET2 14D44 CFBANK 1111012021 248.000.00 218,790.96 248,000.00 0.850 0.838 0 850 1,378 07/10/2026 32022EAUO 14065 FIRST FEDERAL 12129/2021 248,000.OD 224,189.25 246,000.0D 0.850 0.63E 0,850 1,053 0a12912025 88413QDES 14056 THIRD FEDERAL S&L 11124/2021 248,000.00 225,840.98 248.000.00 0.8W 0,789 0,000 965 05/2312025 07371AH22 14084 BEAL BANK PLANO TX U313012022 248,000.DO 229.055.03 248,000.DD 2.250 2,219 2.250 1,635 03/2412027 38149MR47 14084 GOLDMAN SACHS 12/2212021 248,ODD.DO 223,501.57 248,ODD.DD 1.000 0,986 1.000 1,178 12/2212025 856285YQ8 14057 ST BK INDIA NY 11/29/2021 248,000 D0 219,561.49 248,00D.DD 1.150 1,134 1.150 1,521 11/30/2025 14042TEP8 14079 CAPITAL ONE BANK 03/16/2022 248,000,DO 226,601.99 248,000,00 2.000 1,973 2.000 1,627 03/1612027 59013KPNO 14M MERRICK BANK 111D912021 248,00000 219.166.13 24B4OOD.DD 1.100 1.085 1,100 1,500 11109/2026 30781JAWO 14054 FARMERS & MERCHANTS 11/19/2021 248,000.00 216,605.36 24B4ODD.DD O.BSo D.83B D.850 1,510 11119/2026 05580AH64 14061 BMW BANK OF NA 12117/2021 246,000,00 229.661.96 248,000,00 0.950 0.937 0,95D 008 12117/2024 45776NEN2 14062 INSBANK 12J2012021 248,000.00 219,544.43 248,000.00 0.900 0,888 0,900 1,357 06/19/2026 58404DMQ1 14063 MEDALLION BK UT 1212012021 248,000.00 219.960.28 248,00.00 1.250 1.233 1.250 1,542 12121/2026 89235MMB4 14052 TOYOTA FINANCIAL 1V12j2021 248,000.0 219,330.90 248,000.00 1.100 1.085 1.100 1,503 11112/2026 292079AR1 14045 EMPIRE ST BK NA 11112/2021 248.000.00 219,308.44 240,000.00 0.900 0.B88 0.900 1,381 07113/2026 07371CT25 14085 BEAL BANK USA 03/30/2022 248.000.00 229,055.03 248,000.00 2.250 2.219 2.250 1,635 03/24/2027 73319FBJ7 14053 POPPY BANK 11/17/2021 248,000.00 216,156.99 248,00D.00 0.800 0.789 0.800 1,508 11117/2026 320337EZ7 14048 FIRST GENERAL BK 111OU2021 248,000.00 226,076.70 248,000.D0 0.500 0.493 0.500 858 02/05/2025 39573LCCO 14055 GREENSTATE CU 11/23/2021 248,000.00 223,043.39 248,000.00 0.900 0.888 0.900 1,160 11/24/2025 617681.131.19 14082 MORGAN STANLEY PVT BANK 03/31/2022 248,000.00 229,072.34 248,000.D0 2.250 2.219 2.250 1,641 03/3012027 61773TCX9 14083 MORGAN STANLEY PVT BANK 03/31/2022 248,000.00 229.072.34 248,000.00 2,250 2.219 2.250 1,641 D3130f1027 795451BAD 14060 SALLIE MAE BANK 12/16/2021 248,000.00 229,945.45 248,000.00 1.000 0.986 1.000 807 12/16/2024 Subtotal and Average 6,696,000.00 6,696,000.00 6.008,507.84 6,696,000,00 1.168 1.181 1,370 Local Agency Investment Funds LAIFCITY LAIFCITY Local Agency Investment Fund 18,206,878.7E 18,206.878.78 1B,206,878.78 1.613 1.492 1.513 1 Subtotal and Average 23,040,212.11 18,206,87838 18,206.878.78 18,206,B78.78 1.402 1.513 1 Cash in Banks LAIF ARPA LAIF ARPA Local Agency Investment fund 72,515,236.15 72,515,236.16 72,515,236,15 1.513 1.492 1.513 1 Run Dam; 1or18R022Q#y Council 7-6 Portfolio COSA CP 11/15QQ-&2>7.3.11 Report Ver. 7.3.11 City of Santa Ana Portfolio Management Portfolio Details - Investments September 30, 2022 Page 2 Average Purchase Stated YTM1C YTMIC Days to Maturity CUSIP Investment Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturit v Date Subtotal and Average 92,385,038.02 72,516,236.15 72,616,230.15 72,615,230.15 1.492 1.513 1 Federal Agency Coupon Securities 3133EJ5W5 13868 Federal Farm Credit Bank 01/29/2019 925,000,DO 909,756.00 924.195,25 2.650 2.634 2 670 387 1012312023 3133EKBW5 13876 Federal Farm Credit Bank 03104/2019 3,000,0D0.D0 2,930,040.00 2,998,740.DD 2.610 2.583 2 619 514 0212712024 3133ECPMO 13804 Federal Farm Credit Bank 03115/2019 2,000,000.00 1,915,280.00 1,975,960.D0 2.125 2,396 2 430 226 D511512023 3133EKPG5 13897 Federal Farm Credit Bank 0611012019 1,50D,000.00 1,469.100.00 1,512,455.00 2,125 1,894 1.9ZU 339 0910572D23 3133FKY91 13932 Federal Farm Credit Bank 10111/2019 2,500,0D0.00 2,498,900.00 2,496.700.00 1.375 1,401 1,420 10 10111/2022 3133EK3M6 13934 Federal Farm Credit Bank 10/23/2019 5,000,000.00 4,865,400.00 5,003,650.00 1.625 1,584 1.606 387 10123/2023 3133ELX33 13974 Federal Farm Credit Bank 07/22/2020 6,000,000.00 5,415,960.00 6,000,000.00 0.690 0,681 0,690 1,025 07122/2025 3133EMBH4 13988 Federal Farm Credit Bank 09/29/2020 5,000,000.00 4,446,500.00 5,000,0150.00 0.530 0,523 0.530 1,094 0912912025 3133EMFREI 13991 Federal Farm Credit Bank 11/0312020 5,000,OD0.00 4,432,650.00 4,997,500.00 0.540 0.551 0.565 33 11/03/2025 3133EMSU7 14005 Federal Farm Credit Bank 03M912021 4,000,000.00 3,535,80D.06 4,000,000.00 0.800 0.789 0.800 159 03/09/2026 3133EMUP5 14006 Federal Farm Credit Bank 04/01/2021 6,ODO,O00.0O 5,454,880.00 6,ODD,000,00 0.710 0.692 0.701 913 04/01/2025 3133EMWH1 14016 Federal Farm Credit Sank OV2112021 5,000,D00.00 4,545,100.00 5,000,000,00 0.710 0.700 0.710 933 04/21/2025 3133EM2C5 14032 Federal Farm Credit Bank 08/10/2021 6,000,000.00 5,213,88UM 6,000,D00.00 0.710 0.700 0.710 313 08/10/2026 3133ENPBO 14075 Federal Farm Credit Bank 02/16/2022 3,500,000.00 3,181,885,00 3,5D0,000.00 2.180 2.150 2.180 503 02/16/2027 3133ENUH1 14086 Federal Farm Credit Bank 04I1212022 2,000,000.00 1,889,220.00 2,000,D00.00 3.330 3.284 3.330 193 04/12/2027 3133ENVV9 14688 Federal Farm Credit Bank 05/03/2022 3,0DOM0,00 2,858,100.0D 3,ODO.DOO.00 3.630 3.580 3.630 1,675 05/03/2027 3130ADMX7 13854 Federal Home Loan Bank 06/31/2018 1,500,D0000 1,491,705.00 1,486,650,130 2,5D0 2.662 2.699 160 0311012023 3130AFW94 13873 Federal Home Loan Bank 07J2712019 2,000,000.00 1,954,950.00 1,996,220.DD 2,5D0 2.506 2.541 500 0211312024 313OA93H7 13889 Federal Home Loan Bank 04/29/2019 3,0130,ODO.D0 2,916,750.00 2,999,250.00 2.375 2.348 2.380 524 03108/2024 3130AKPQ3 13996 Federal Home Loan Bank 01/28/2021 4,000,000.D0 3,515,680.OD 4,000,000,00 0.580 0.572 0,580 27 01128/2026 3130AKU53 13997 Federal Home Loan Bank 0112812021 5,000,OD0.00 4,385,450.00 5,000,000,00 0.520 0.513 0 520 27 01/28/2026 3130AKN69 13998 Federal Home Loan Bank 0112812021 6,000,0D0,00 5,258,940.00 6,01)0,00t1.00 0.500 0.493 0,500 119 01128/2(126 3130ALA53 13999 Federal Home Loan Bank 02/25/2021 5,000,DD0.00 4,385,800.00 5,OD0,000.00 0.600 0.592 0,600 55 02125/2026 3130ALBM5 140D1 Federal Home Loan Bank 02124/2021 5,000,000.00 4,390,100.00 5,OD0,000.00 0.625 0.616 0,625 54 02124/2026 3130ALB52 14002 Federal Home Loan Bank 02125/2021 5,000,000,00 4,527,400.00 5,000,000.D0 0.375 0.370 0,375 147 02/2512025 3130ALDZ4 14003 Federal Home Loan Bank 03/10/2021 4,000,000.00 3,627,680.00 4,000,13O0.D0 0.500 0.493 0,500 70 03/1012025 3130ALKN3 14004 Federal Home Loan Bank 03124/2021 4,000,000.00 3,694,360.01) 4,000,000.D0 0.500 0.493 0,500 84 09124121124 3130ALLP7 14007 Federal Home Loan Bank 03/29/2021 6,ODO,DOD,00 5,458,260.00 5,997,0oo.00 0.650 0.666 0,676 77 03117/2025 3130ALW67 14008 Federal Home Loan Bank 04122J2021 5,000,000.00 4,443,100.00 5,000,000.D0 1.100 1.085 1,10D 21 0412212026 3130AMYUO 14024 Federal Home Loan Bank 06130/2021 6,000,000.00 5,292,480.00 6,000,000.D0 1.050 1.036 1,050 90 06/30/2026 3130AMYCO 14025 Federal Home Loan Bank 06/30/2021 6,00Q000.00 5,323,080.00 6,000,000.D0 1.0w 0.986 1,000 90 03130/2026 3130AMSFO 14026 Federal Home Loan Bank 06/28/2021 6,000,000.00 5,584,26D.00 6,000.000.00 0.400 0,395 0,400 88 06128/2024 3130ANFU9 14027 Fasteral Home Loan Bank 07/29/2021 5,000,0DO.00 4,365,700.00 5,000,000.00 0.850 0.838 D.850 1,397 07129I2025 3130ANFGB 14028 Federal Home Loan Bank 08I18/2021 5,000,ODO.00 4,397,40D.00 5,000,000.00 0.875 0.063 0 B75 48 0511 U2026 3130ANE30 14029 Federal Home Loan Bank 07/29/2021 5,000,000 0D 4,389,000.00 5,000,000.00 0.500 0 493 0.500 28 07129/2026 Portfolio COSA cP 1 F-nd wwo220./ `J Council 7-7 11/1 .2�2} 7 .3.11 City of Santa Ana Portfolio Management Portfolio Details - Investments September 30, 2022 Page 3 Average Purchase Staked YTMIC YTM1C Bays to Maturity CUSiP Investment # Issuer Balance Bate Par Value Market Value Book Value Rate 360 365 Maturity Dat% Federal Agency Coupon Securities 3130ANHV5 14033 Federal Home Loan Bank 0811912021 5,000,OOO.DO 4,580,0D0.00 5,000.wo.00 0.550 0.542 0.550 810 12119/2024 3130ANPE4 14034 Federal Horne Loan Bank 08126/2021 6,000,000.00 5,374.860.00 6,000,000.00 0.700 0.69D 0.700 329 0812612025 3130ANQ78 14036 Federal Home Loan Bank 08127/2021 6,00D,000,00 5,248,BDO.00 6,000,000.00 0.900 0.88B 0.900 149 00127/2026 3130AP3E3 14036 Federal Home Loan Bank 09/30/2021 5,000,000.00 4,339,750.00 5,000,000.00 0.820 0.809 0.820 1,460 09/30/2026 3130ANX62 14037 Federal Home Loan Bank 09130/2021 51000,000.00 4,499,050.00 5,0W,0D0.00 0.550 0.641 0.650 90 06/30/2025 3130APB79 14038 Federal Home Loan Bank 09/30/2021 5,OOD,000.00 4,368,850.00 5,000,000,D0 1.D00 0.986 1.000 1,460 09/30/2026 3130AP3A1 14039 Federal Home Loan Bank 09129/2021 5,000,0DO.00 4,377,150.D0 4,996,750.00 0.850 0.855 0.867 89 06/29/2026 3130APB46 14040 Federal Home Loan Bank 1BY1312021 10,000,000,00 8,710,10O.D0 10,000,000.00 0.950 0.937 0,950 377 10/13/2026 3130APQC2 14041 Federal Home Loan Bank 11123/2021 5,000,000.DD 4,699,300.D0 5,000,DW.W 0.750 0.740 0,750 53 05/23/2024 3130APQ84 14042 Federal Home Loan Bank 11/23/2021 51000,000.00 4,439,550.00 5,000,0DO.00 1.500 1.479 1.500 22 11/23/2026 3130APVC6 14058 Federal Home Loan Bank 12/14/2021 510001000.00 4,414,850.D0 4,997,500.00 1.375 1.408 1.427 61 12/01/2026 3130ACtAB9 14059 Federal Home Loan Bank 12/3012021 3,750,000.00 3,33a,287.50 3,750,0D0.00 1,625 1.603 1.625 90 12/30/2026 313OAQLQ4 14069 Federal Home Loan Bank 01/2712022 5,000,000.00 4,447.550.00 5,000,000.00 1.650 1.627 1.650 118 01/27/2427 3130AQKM4 14070 Federal Hume Loan Bank 01/2812022 1,500,om.O0 1,339,590.0D 1,501),00D.00 1.750 1.726 1.750 27 01/2WO27 313DAQNRO 14071 Federal Home Loan Bank 0112112072 3,000,000.00 2,679,450.00 3,000,oulwu 1.750 1.726 1.750 118 01/27/2027 3130AQSA2 14072 Federal Home Loan Bank 02/10/2022 5,000,0DO.00 4,491,600.00 5,O010,OQ0,00 1.830 1.805 1.830 132 02/10/2027 313OAQW33 14073 Federal Home Loan Bank O2J2412022 5,000,D00.00 4,506,650.00 5,0D0,000.00 2.020 1.992 2.020 146 02124/2027 313OAQYAS 14074 Federal Home Loan Bank 0212812022 1,50D,000.0D 1,371,900.00 1,500,000.00 2.250 2.224 2.255 146 02/24/2027 313GARA35 14076 Federal Home Loan Bank 03124/2022 3,00D,000.04 2,820,090.00 3,000,DDO.00 2.000 1.973 2.000 84 03/24/2025 3130ARC82 141377 Federal Home Loan Bank 0312912022 3,00O,OD0.00 217161980.00 3,000,000.00 2.100 Z.071 2100 179 0312912027 3130ARD65 14080 Federal Home Loan Bank D312812022 2,0IX3,000.00 1,942,660,00 2,0D1),DO0.00 1.625 1.548 1,510 362 0912B12D23 3130ARR60 14087 Federal Home Loan Bank 04/2912022 2,000,DDD.00 1,924,140.00 2,000,DDO.D0 3.1DO 3.058 3.100 28 04/29/2025 3130ASHV4 14089 Federal Home Loan Bank 0612812022 20,000,000.D0 19,753,600.00 20,000,000.00 3.050 3.008 3.050 270 07/25/2023 3130ASLJ6 14090 Federal Home Loan Bank 06129/2022 20,000,000 00 19,636,600,00 20,000.000,00 3.100 2.028 2056 357 12/29/2023 3134GVQX9 13962 Federal Home Loan Mortgage Co. 05/05/2020 5,000,000.00 4,533,050.00 4,995,DD0.D0 0,700 0.711 0,720 947 05/05/2025 3134GVVX3 13964 Federal Home Loan Mortgage Co. 0512812020 5,0D0,000.00 4,527,950.00 4,998,750.00 0.750 0.750 0,760 58 0512812025 3134GVR26 13967 Federal Home Loan Mortgage Co, 06125/2020 6,000,00D.00 5,423,640.00 6,000,000.00 a.700 0.690 0,700 267 0612512025 3134GVTO9 13968 Federal Home Loan Mortgage Co 06/3012020 6,000,000.00 5,443,860.DD 5,0D0,0D0.DD 0.650 0.641 0,6W 1,003 06/30/2025 3134GVSRS 13979 Federal Home Loan Mortgage Co. 07/15/2020 6,000,0D0.00 5,598,420.00 6,0D0,0Oo.DD 0.570 0.562 0,570 14 07/15/2024 3134GWUE4 13987 Federal Home Loan Mortgage Co, 09/30/2020 5,000,000.00 4,441,000.00 5,000,000.00 0.500 0,493 0,5DO 90 09/3012025 3134GW4Z6 13989 Federal Home Loan Mortgage Co. 10/27/2020 6,000,000.00 5,322,9DO.00 6,000,000.131) 0.540 0,533 0,540 26 1012712025 3134GXJL9 13995 Federal Home Loan Mortgage Co. WJ3012020 6,000,000.00 5,283,000.D0 6,01)0,000.00 0.500 0A93 0,500 90 1213011025 3135GOT94 13850 Federal Nat'l Mtg. Assoc. 03/28/2016 2,000,000.00 1,992.240.00 1,971,780.00 2.375 2,653 2,589 110 0111912023 3135GOT78 13857 Federal Nat'l Mtg, Assoc, 05/31/2018 1,000,000,00 999,920.00 971,4DO,DO 2.DOO 2.665 2,702 4 101D512022 3135UGX24 13940 Federal Nat'i Mtg. Assoc. 01/15/2020 5,000,000.oO 4,717,900.00 4,990,750.DO 1.525 1.641 1,664 829 01107/2025 3135GOW66 13941 Federal Nat'l Mtg. Assoc. 01/15/2020 5,000,00O.DO 4,745,600.00 4,994,OW,00 1.625 1.629 1,651 745 1011512024 Portfolio COSA CP Pn^Date:,0t912°ZzC Council 7-8 11/15QGP-�2)7.3,1 City of Santa Ana Portfolio Management Portfolio Details - Investments September 30, 2022 Page 4 Average Purchase Stated YTM1C YTMIC Day%to Maturity CUSIP Investment 0 Issuer balance Date Par Value Market Value Book Value Rate 380 365 Maturity Date Federal Agency Coupon Securities 3136G4WV1 13965 Federal Nat'l Mtg. Assoc. 06116/2020 5,000,000.OD 4,524,200.00 5,000,0D0.00 0.750 0,740 0.750 989 06116/2025 3136G4D42 13976 Federal Nat'l Mtg. Assoc. 07128/2020 8,000,000,00 7,150,720.00 8,0D0,000.00 0.510 0.503 0.510 300 07I28I2025 3136G4C43 13977 Federal Nat'l Mtg. Assoc. 08/14/2020 6,000.000.00 5r381,040.00 6,OD0,000.00 0.660 0.641 0.650 1,048 08I14/2025 3135G4G98 1397a Federal Nat'l Mtg. Assoc. 08/1212020 6,000,000.00 5,367,840.00 6,0D0,000.00 0.560 0.552 0.560 42 08112/2025 3136G45Q2 13990 Federal Nat'I Mtg. Assoc. 10/28/2020 6,000,OD0.00 5,320,560.00 5,000,D00.00 0.530 0.623 0.530 27 IW2812025 3135GA4VO 13992 Federal Nat'I Mtg. Assoc. 11/26/2020 5,000.000.00 4,435,400.00 5,000,000.00 0.625 0.616 0.625 55 11/25/2025 3135GAAN1 13993 Federal Nat'l Mtg. Assoc. 12117/2020 6,000,000.00 5,306,940.00 6,000,000.00 0.600 0.592 0.600 77 12/17/2025 3135GO6J7 13994 Federal Nat'l Mtg. Assoc. 1211012020 6,000,000.00 5,319,360.00 6,000,000.00 0.650 0.641 0.550 70 12/10/2025 Subtotal and Average 391,556,26D.2S 1.153 1.169 339 Treasury Coupon Securities 9128286ZB 14081 U.S. Treasury 03116/2022 S,000,000.00 4.788r300.00 4,990,000.00 1.750 1.B14 1.839 638 O613012024 Subtotal and Average 4,990,000.00 5,000,000.00 4,788,300.00 4,090,000.00 1.814 1.839 636 Total and Average 518,667,510.38 494,083,114.93 458,417,366.27 483,904,376.18 1.222 1.239 294 Pun Deft: 1011M22CT'ff, Council 7-9 391,676,000.00 356,898,433.50 391.556,260.28 Portfolio COSA CP 11/15 2a2►7.3.E1 City of Santa Ana Portfolio Management Portfolio Details - Cash September 30, 2022 Page 5 Average Purchase Stated YTMIC YTWC Days to CUSIP Investment # Issuer Balance bate Par Value Market Value Book Value Rate 360 _ 365 Maturity Cash in Banks PETTY CASH PETTY CASH CITY OF SANTA ANA 83,779.00 83,779.00 83.779.00 0.000 0.000 1 HOUSING 13943 JP MORGAN CHASE 2.966.114.18 2,966,114.10 2,966,114.18 0.000 0.000 1 WORKERS COMPENS 37983 JP MORGAN CHASE 1,669,312.63 1,669,312.63 1,669,312.63 0.0D0 0,000 1 GENERAL LIARW 38130 JP MORGAN CHASE 1,887,049.13 1,087,049.13 1,887,049.13 0.000 0,000 1 PROPERTY MANAGE 8695 JP MORGAN CHASE 35,084.30 35,084.30 35,084.30 0.000 0,000 1 PROPERTY MGMT 2 PROP MGMT 2 JP MORGAN CHASE 1,492.50 1,492.50 1,492.60 0.000 0.000 1 HEALTHCARE SPEN 0112 JPMorgan Chase 311,094.84 311,094.84 311,094.64 O.ODO 0.000 1 COMMISSARY 7962 JPMorgan Chase 359,692.77 359,692.77 359,692.77 0.000 0.000 1 GENERAL ACCOUNT 9500 JPMorgan Chase 14,173,925.15 14,173,925.15 14,173,925.15 O.00O 0.000 1 FSS F55 Santa Ana Federal Credit Union 837,316.14 837.310.14 837,316.14 0.000 O.DDO 1 Average Balance 0.00 1 Total Cash and Investments 518,667,510.38 516,417,975.57 480,742,216.91 516,289,236.82 1.222 1.239 294 RunData: ,anst2o22Cif� Council 7-10 Portfolio COSA CP 11 / 15/42,292) 7_3.11 CUSIP Investment* Issuer CASHISECURITIES HELD IN TRUST Portfolio Management Portfolio Details - Investments September 30, 2022 Par Valus Market Value Page 1 I Dlgltally, signed by 1,eyLI Carey I Date: 2022.10.18 Bank Value 11:0356-07'00' Money Marken Accounts -- X9USDOTPC 80364 Dreyfus Treasury 10.571.44 10,571.44 10.571.44 X9USDDTPC 80366 Dreyfus Treasury 4,15C.86 4,160.66 4,150,66 XSUSDDEFU-- 80107 INSTL RES THE AND AGNY CASH 2,812.97 2,612.87 2,012.97 9AMMFD562 80405 US BANK MONEY MARKET 1.03 1.03 1.03 9AMMFD662— 80406 US BANK MONEY MARKET 0.66 0,68 0.56 9AMMF05B2- 80407 US BANK MONEY MARKET 0.13 0.13 0,13 SYS80418 80418 US BANK MONEY MARKET 523,608.38 523,305.47 523,886,36 SYS80419 80419 US BANK MONEY MARKET 105,343.76 106,343.70 105,343.76 SYS80421 80421 US BANK MONEY MARKET 6.31 5.31 5.31 S184OV401 80430 US BANK MONEY MARKET 2,735.61 2,735.61 2,735.61 31846V401- 80432 US BANK MONEY MARKET 11,238.14 11,236.14 11,236.14 X9USDMOR3- 00243 MORGAN STANLEY GOVf INSTL 109,387.11 109.387.11 109,387.11 X9USDMOR3 00248 MORGAN STANLEY GRVF INSTL 194.61 194,81 194.61 Subtotal and Average 769,925.67 769.624.78 769,825.67 Other S80209710 80225 MBIA INSURANCE POLICY 981NPSPV2 80398 ASSURED GUARANTY MUNI CORP Subtotal and Average 1.00 Inn 2.00 1.D0 1.00 1.D0 1.Q0 2.00 2.00 Cash In Bank SYS80414 80414 SIGNATURE BANK 1,268,889.87 1,268,Bt19.87 1,288,889.87 SYS80415 00415 CONDEMNATION DEPOSIT FUND 1,176,525.00 1,178,525.00 1,178,525.00 Subtotal and Average 2,445,384.87 2,445,394.87 2,445,384.87 Total and Average 3,215,322.54 3,215,021.68 3,215,322.54 Win Det:10/1BU02201i Council 7-11 Porftllo TRST AG 11 / 1 5Nfa:,//�� @eF2 ) 7.3,11 Report Ver, 7.3.11 Quarterly Report of Investments as of September 30, 2022 Exhibit 2 - Cash held by Bank and Cash by Fund(s) Listing EXHIBIT 2 Investments Certificates of Deposit Bank of New York Mellon - Investment Custodian Local Agency Investment Fund (L.A.I.F) Local Agency Investment Fund (L.A.I.F) - ARPA Total - Investments Cash Held at City Financial Institution(s) and Cash on Hand General Account General Liability Account Housing Account Workers Compensation Account Santa Ana Federal Credit Union - Family Self Sufficiency (Fss-Housing) Commissary Account Flexible Benefit Spending Account Property Management Account Property Management - Phase 2 Account Petty Cash Total - Cash Held at City Financial Institution(s) and Cash on Hand Restricted Cash Signature Bank - Streetlight Project US Bank - Pension Stability Funds (Section 115 Trust with PARS) Bank of New York Mellon - Various US Bank - Warner Industrial Community State of California Condemnation Fund - Right of Way Deposits US Bank - Gas Tax Bonds Total - Restricted Cash Amount 6,696,000 396,546,260 18,206,879 72,515,236 Amount 14,173,925 1,887,049 2,966,114 1,669,313 837,316 359,693 311,095 35,084 1,493 493,964,375 83,779 22,324,861 Amount 1,268,870 523,686 124,109 105,344 1,176,525 16,788 3,215,323 Total Cash Held City at Financial Institution(s), Cash on Hand and Restricted Cash Cash by Fund(s) - Total (see below for listing) Fund Fund description Amount 011 GENERAL FUND 78,331,430 012 CANNABIS PUBLIC BENEFIT 25,046,112 016 CASP CERTIFICATION & TRAINING 351,584 020 OTS-TRAFFIC OFFENDER PROGRAM 33,705 021 PRCSA CATV FUND 1,784,864 022 PRCSA FEE & DONATION 1,013,846 023 INMATE WELFARE FUND 1,848,673 024 PD ATHLETIC ACTIVITIES LEAGUE (122,342) 025 IDB & EZ VOUCHER MONITORING 200,641 026 ASSET FORFEITURE FUND 144,703 027 PARKING FUND 1,580,190 029 SPECIAL GAS TAX 26,157,926 030 PROP 1B BOND ACT OF 2006 154,053 031 AIR QUALITY IMPR. (AB 2766) 1,973,227 032 MEASURE M-STREET CONSTRUCTION (7,815,291) 033 NEW TRANSPO SYS IMPR AREA B 576,022 034 NEW TRANSPO SYS IMPR AREA E 1,502,076 035 NEW TRANSPO SYS IMPR AREA F 1,779,573 040 GENERAL FIXED ASSETS - 041 TRANSP SYS IMPR AREA A-2 701,161 042 TRANSPO SYS IMPR AREA B 9,601 048 TRANSPO SYS IMPR AREA C-2 214,434 049 TRANSPO SYS IMPR AREA G 98,836 051 CAPITAL OUTLAY FUND 4,225,818 053 CITY SERVICES 7,968,551 054 SANITARY SEWER CAPITAL 15,681,615 055 SEWER CONNECTION FEE 6,828,738 056 SANITARY SEWER SERVICE 7,791,925 057 FED CLEAN WATER PROTECTION ENT 4,730,962 058 RESIDENTIAL STREET IMPROVEMENT 5,441,044 059 SELECT STREET CONSTRUCTION 24,819,127 060 WATER REVENUE 40,789,708 066 ACQUISITION & CONSTRUCTION 3,099,727 519,504,558 519,504,558 City Council 7 — 12 Page 1 of 3 11 /15/2022 Quarterly Report of Investments as of September 30, 2022 Exhibit 2 - Cash held by Bank and Cash by Fund(s) Listing 067 068 069 070 071 073 074 075 076 078 080 081 082 083 085 086 087 088 089 090 093 094 095 096 097 100 101 103 104 106 107 109 110 120 121 122 123 124 125 127 128 130 131 133 135 136 137 138 139 140 142 143 144 145 147 148 149 152 153 154 155 157 158 160 161 162 164 165 166 167 169 170 172 175 REGIONAL TRANSP CENTER SANITATION FUND REFUSE COLLECTION SERVICE EQUIPMENT REPLACEMENT FUND CENTRAL SERVICES BUILDING MAINT FUND CIVIC CENTER MAINTENANCE FLEET MAINTENANCE/STORES STORES & PROPERTY CONTROL RETIREMENT SYSTEM LIABILITY AND PROPERTY INS FND EMPLOYEE GROUP INSURANCE WORKERS COMPENSATION FUND PAYROLL REVOLVING CITY YARD OPERATION PUB WKS ENG/PROJ MGMT PT RETIREMENT FUND QUALITY SERVICE TRAINING CA SEISMIC HAZARD PROGRAM ORANGE CO SANITATION DIST 2&3 BUSINESS IMPROVEMENT DISTRICT INTEREST AGENCY POLICE COMMISSARY ACCOUNT SA TOURISM MARKETING DISTRICT POLICE SEIZED ASSETS SECTION 457 FIDUCIARY ADMIN PUB WKS-ADMIN & PLANNING PMA RETIREE HEALTH INSURANCE SEIU RETIREE HEALTH INSURANCE MGMT RETIREE HEALTH INSURANCE UC RETIREE HEALTH INSURANCE INFO SYS STRATEGIC PLAN STRONG MOTION INSTRUMENTATION FIRE FACILITIES FUND SPECIAL REPAIR/DEMOLITION EMERGENCY & HEALTH GRANTS WORKFORCE INVESTMENT ACT ORANGE COUNTY SSA GRANTS OES UASI D.O.J. GRANT FUND POLICE BLOCK GRANTS HOME PROGRAM FEDERAL GRANT MISC GRANTS HOUSING AUTHORITY -ISSUER FEE COMMUNITY DEV BLOCK GRANT HOUSING AUTHORITY -VOUCHER HAP HOUSING AUTHORITY- MAINSTREAM HOUSING AUTHORITY -MS 5 HOUSING AUTHORITY -NEW CONSTR HOUSING AUTHORITY -VOUCHER ADM NSP FEDERAL GRANT CALHOME MFGD HSG LOAN PRISON TO EMPLOYMENT PROGRAM RENTAL REHABILITATION GRANT FEDERAL AID SAFETY PROGRAM TRAFFIC SYSTEM MGMT GRANT WIC ASSESSMENT DIST ST IMPRV PUBLIC LIBRARY GRANT FUND LIBRARY GRANTS LIBRARY SVCS & TECHNOLOGY ACT OCJP GRANT HSG ADMIN CARES ACT COVID-19 PLANNING GRANTS PROGRAM HSG HAP CARES ACT COVID-19 PRCSA CAPITAL GRANTS ENERGY CONSERVATION PROGRAM PUB WKS-WTR QUALITY & CONTROL OFFICE OF SAFETY GRANT US DO] ASSET FORFEITURE FUND US TREASURY ASSET FORFEITURE RECREATION GRANTS FUND MS5 HAP CARES ACT COVID-19 NATL RECREATION TRAILS FND ACT CARES ACT - CESF City Council 553,758 6,046,046 6,140,873 7,797,816 120,352 2,372,410 (762,941) (137,243) (702,664) (7,138,447) 10,124,866 317,109 17,235,330 6,936,280 (188,235) (56,713) 8,806 204,841 32,002 1,003,019 291,199 314,858 139,193 1,617,348 50,450 1,548,731 7,860 41,255 5,685 1,791 12,550,755 103,332 2,799,415 652,192 4,442,458 (956,022) 16,536 (807,685) 40,739 1,257,720 1,523,180 1,248 2,699,193 (1,201,355) 291,598 (67,383) 280,127 2,489,725 140,077 708,624 48,402 (518,734) (4,432,570) 32,897 409 42,388 1,375 428 3,894,994 (611,354) 16,404 (4,031,217) 9,182 970,909 140,005 568,947 17,230 7-13 Page 2 of 3 11 /15/2022 Quarterly Report of Investments as of September 30, 2022 Exhibit 2 - Cash held by Bank and Cash by Fund(s) Listing 176 CARES ACT - State 177 EMERGENCY RENTAL ASSISTANCE PG 3,980,756 178 COVID RELIEF FUND (181,981) 179 GENERAL FIXED ASSETS 203,452 180 ARPA EHV ADMIN FEES 162,278 181 AMERICAN RESCUE PLAN ACT 113,240,534 182 HOME -ARP PROGRAM FEDERAL GRANT (9,979) 183 ARPA - CA FOR ALL YOUTH WDP (39,379) 201 LOCAL DRAINAGE AREA NO 1 133 202 LOCAL DRAINAGE AREA NO 2 1,436 203 LOCAL DRAINAGE AREA NO 3 758,803 204 LOCAL DRAINAGE AREA NO 4 1,061 205 LOCAL DRAINAGE AREA NO 5 603 206 LOCAL DRAINAGE AREA NO 6 885 207 LOCAL DRAINAGE AREA NO 7 195,142 209 LOCAL DRAINAGE AREA NO 9 736 210 LOCAL DRAINAGE AREA NO 10 17,255 211 LOCAL DRAINAGE AREA NO 11 224 212 LOCAL DRAINAGE AREA NO 12 13 213 LOCAL DRAINAGE AREA NO 13 2,711 221 LOCAL DRAINAGE AREA I 1,025,327 222 LOCAL DRAINAGE AREA II 275,562 223 LOCAL DRAINAGE AREA III 423,014 224 LOCAL DRAINAGE AREA IV 436,583 225 LOCAL DRAINAGE AREA V 282,420 226 LOCAL DRAINAGE AREA VI 383,020 301 REC/COMM SVS 6,072 311 RESIDENTIAL DEVELOP DISTRICT 1 3,297,555 312 RESIDENTIAL DEVELOP DISTRICT 2 5,473,509 313 RESIDENTIAL DEVELOP DISTRICT 3 13,447,232 314 RESIDENTIAL DEVELOP DISTRICT 4 664,868 400 POLICE UUT LEASE REVENUE BONDS 1,167,140 403 SCAG GRANTS - 404 COSA 2014 LEASE FINANCING 1,360,240 406 2021 PENSION OBLIGATION BONDS 11,223 417 INCLUSIONARY HOUSING FEE 14,702,427 418 CDA - PEEBLER CAPITAL FUND 1,314,600 607 HOUSING AUTHORITY LMIHF 4,867,083 652 2003A SERIES TAX ALLOC BOND - 654 2011A SERIES TAX ALLOC BOND - 655 2018A SERIES TAX ALLOC BOND 11,781 658 2003E SERIES ALLOC BOND - 670 COSA RDA 475,555 671 COSA RDA OBLIGATION RETIREMENT 511,981 980 SAN JUANQUIN TRANS CORRIDOR - 981 EASTERN FOOTHILL TRANS CORRIDO - 991 TRAN SYS IMP AUT C-2 TUSTIN 2,611,027 992 TRAN SYS IMP AUT AREA D-TUSTIN 10,528,421 993 WIC ASSESSMENT DISTRICT 305,001 998 TREASURERS AGENCY COLLECTIONS - 999 Lawson Clearing 3,627 Reconciling Item(s) - Outstanding Checks * 3,779,924 Reconciling Item(s) - Bank Direct Deposits* 280,780 Reconciling Item(s) - Deposits in Transit* (150,468.77) Reconciling Item(s) - Withdrawals in Transit* Reconciling Item(s) - Various* (307,670) Reconciling Item(s) - Various: A difference between Cash held by Financial Institution, Fiscal Agent and Cash on Hand exists when comparing to Cash by Fund due, to reconciling items such as timing of payments; outstanding checks; and deposits in transit City Council 7 — 14 Page 3 of 3 11 /15/2022 Community Development Agency .; santa-ana.org/cd Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Housing Division Quarterly Report AGENDA TITLE: Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022 RECOMMENDED ACTION Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of July 1, 2022 to September 30, 2022. DISCUSSION This report for the quarter ending on September 30, 2022 provides statistics for all of the affordable housing projects and activities for the Housing Division. The report is divided into seven sections: Loan Activity, Loan Portfolio Management and Monitoring, Density Bonus Housing Agreements, Development Impact Fee Deferral Agreements, Renter Protections, Affordable Housing Funds and Commitments, and Development Projects. Loan Activity Applications The Housing Division offers several different programs including down payment assistance for first-time homebuyers and rehabilitation grants for mobile homes and single-family homes. Inquiries are received from the public and applications are mailed out, received, and approved for these programs on a continual basis. Table 1 shows the number of inquiries, applications sent out, received, and approved by type for the quarter and for the total fiscal year: Table 1: Applications Sent Out, Received, and Approved Inquiries Applications Applications Applications Program Sent Out Received Approved Q1 Total Q1 Total Q1 Total Q1 Total FY FY FY FY Residential Rehabilitation 70 70 50 50 25 25 18 18 Grant Program Homeownership / Down Payment Assistance 31 31 31 31 5 5 3 3 Program City Council 8-1 11/15/2022 Housing Division Quarterly Report November 15, 2022 Page 2 Loan Subordinations 0 0 0 0 0 0 0 0 The number of applications received is typically lower than the number of applications sent out in any given period due to the stringent program guidelines for eligibility regulated by the federal government, which makes it difficult for most applicants to qualify. The City of Santa Ana's Residential Rehabilitation Grant Program is designed to improve and preserve affordable housing through the use of federal Community Development Block Grant (CDBG) funds. The Program is administered by Habitat for Humanity of Orange County on behalf of the City. The program provides grants of up to $25,000 for eligible home repairs for low- and moderate -income homeowners at or below 80% of the Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development (HUD). Eligible activities include the repair, replacement, and/or installation of major systems including plumbing, heating, electrical, windows, roof, paint, and handicap accessibility. A total of eighteen (18) rehabilitation projects were completed during this quarter. Down Payment Assistance Loan Program (DPAP) Progress For the Down Payment Assistance Loan Program, staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements established by HUD. During this quarter, staff conducted three (3) down payment assistance virtual workshops via Zoom with a total of 57 attendees. Three (3) down payment assistance loan applications were approved and three (3) closed escrow. Staff conduct monthly workshops together with NeighborWorks Orange County every second Tuesday of the month. In addition to these workshops, staff participated in the Vietnamese National Association of Real Estate Professionals (VNARP) Homeownership Fair on August 11, 2022 at the Garden Grove community center. During the event, staff participated on a panel with other organizations that provide first-time homebuyer assistance. Staff answered questions, provided staff contact information, and assisted with applications as needed with the public in attendance. On August 25, 2022, staff attended Madison Elementary Back to School Night in Santa Ana. Staff answered questions and provided parents and attendees with information about the program. On August 27, 2022, staff participated in a Home Buyer Expo at HPT Realty & Finance offices, in partnership with VNARP, in the City of Westminster. These activities for our Down Payment Assistance Loan Program are supplemented by a current 6-unit affordable homeownership project that staff is negotiating with Habitat for Humanity. Loan Portfolio Management and Monitoring The Housing Division is responsible for managing the residential loan portfolio, which includes all of the loans entered into by the City and Housing Authority, acting as the Hous,ong Agenry AS of the Pnd of the first niiartPr the rn inripal halanrP was City Council 8-2 11/15/2022 Housing Division Quarterly Report November 15, 2022 Page 3 $144,624,843. This is composed of 344 loans, 319 of which are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $77,095.24 in payments of principal and interest during the first quarter. The amount of residual receipts payments changes every quarter. Table 2: Portfolio Revenue Funding Source HOME CDBG Redevelopment NSP CaIHOME Inclusionary Loan Payoffs $54.68 $0 $0 $0 $0 $40,000.00 Residual Receipts $0 $0 $0 $0 $0 $0 Payments Amortized Loan $1,158.46 $3,466.01 $27,216.09 $0 $5,200.00 $0 Payments Total for Q1 $1,213.14 $3,466.01 $27,216.09 $0 $5,200.00 $40,000.00 Monitoring As part of the requirements for these loans, staff must monitor the owner -occupancy of single-family homes that have received loans, and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 72 owner - occupancy recertification letters were mailed and 47 were returned and processed. This number includes letters sent from previous months. Staff also conducted a total of 153 inspections during this quarter. Density Bonus Housing Agreements The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for 100-percent affordable developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers, and place the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Since 2018, the City of Santa Ana has entered into the following Density Bonus Housing Agreements: Date of Developer or Housing Housing Development Affordable Units Agreement Development Address Metro East Senior Park, 415 Rental units restricted October 2018 aka, Santa Ana Senior 2222 E. First St. for Very Low Income and Associates Low Income or Senior Tenants City Council 8-3 11/15/2022 Housing Division Quarterly Report November 15, 2022 Page 4 First Point I & II 2110, 2114 and 2020 E. 547 Rental units restricted August 2018 Apartments, aka, Santa First St. for Very Low Income and Ana Pacific Associates Low Income Tenants The Rafferty, aka, QOZB 11 Rental units restricted November 2019 III, LLC 114 & 117 E. Fifth St. for Very Low Income Tenants Brandywine Acquistion 4 Townhomes restricted August 2022 Group 1814 & 1818 E. First St. for sale to Monderate- Income Buyers Development Impact Fee Deferral Agreements Development impact fees are a one-time charge to new developments imposed under the Mitigation Fee Act. These fees are charged to new developments to mitigate impacts resulting from the development activity and cannot be used to fund existing deficiencies. This means that for improvements that benefit existing as well as new development, impact fees can only pay for the portion of the improvement that benefits the new uses. Impact fees must be adopted based on findings of a reasonable relationship between the development paying the fee, the size of the fee, and the use of fee revenues. Development impact fees do not require voter approval and are commonly used by cities to address the impact of new development on schools, parks, transportation, etc. Prior to issuance of any building permits, the City currently requires the payment of various development impact fees. However, affordable housing developers may submit a written request formally requesting the deferral of specific development impact fees for their property pursuant to California Government Code section 66007. The City and owner then execute a Development Impact Fee Deferral Agreement to defer certain development impact fees applicable to the property and place a lien on the property to secure payment of these fees, which are due before the issuance of the certificate of occupany or the final building check. The City has entered into the following outstanding Development Impact Fee Deferral Agreements: Date of Developer Housing Development Estimated Total Fees Agreement Address Due Santa Ana Pacific 2110, 2114 and 2020 October 2019 Associates & Santa Ana E. First St. $4,121,986 Pacific Associates II December 2021 Shelter Providers of 802, 809, 809'/2 East $510,000 Orange County Santa Ana Blvd. July 2022 Washington Santa Ana 1126 &1146 E. $652,717 Housing Partners Washington Ave. Renter Protections The Santa Ana City Council adopted two ordinances to help protect renters: a Rent Stabilization Ordinance, which limits residential rent increases to the lower of 3% or 80% of consumer price index (CPI) per year, and a Just Cause Eviction Ordinance, which provides "just cause" eviction protections for most tenants that occupy a residential real property or mobile home for 30 days. The ordinances became effective City Council 8-4 11/15/2022 Housing Division Quarterly Report November 15, 2022 Page 5 on November 19, 2021, and expand on existing protections under the California Tenant Protection Act of 2019. Since the adoption of the ordinances, flyers, frequently asked questions, and press releases have been circulated to the community. The City also regularly updates a website devoted to the ordinances, which includes related documents and announcements(www.santa-ana.org/renterprotections). The ordinances are currently administered by staff in partnership with RSG. During this quarter, staff and RSG fielded calls from the public and provided information and education to renters and property owners on the City's Rent Stabilization and Just Cause Eviction Ordinances. A breakdown of the number of inquiries is as follows: Month # of Inquiries July 2022 93 August 2022 81 September 2022 89 Total 263 The City requires that when changing the terms of a tenancy, an owner must submit proof of service to the City as evidence that the owner has complied with noticing requirements. A breakdown of the number of notices received is as follows: Month # of Notices July 2022 51 Au ust 2022 59 September 2022 91 Total 201 The City regularly distributes important updates and information to Santa Ana residents. Residents can register for regular updates under our webpage at www.santa- ana.org/renterprotections. During this quarter, staff informed the public of programmatic updates via social media and email distribution lists, reaching a total of 7,111 Santa Ana residents. Lastly, staff and RSG conducted three (3) virtual workshops: • July 20, 2022 — 26 registered attendees • August 11, 2022 — 63 registered attendees • August 25, 2022 — 50 registered attendees Available Funds and Land Assets for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority acting as the Housing Successor Agency manages multiple sources of local, state, and federal funds to develop affordable housing. Exhibit 1 provides a summary of the funds available as of September 30, 2022. City Council 8-5 11/15/2022 Housing Division Quarterly Report November 15, 2022 Page 6 Housing Opportunity Ordinance On -Site Development Since 2011, a total of 33 units have been developed on -site as a result of the Ordinance, including 23 ownership units for -sale and 10 rental units: Units Built On -Site Ownership Rental Total 23 10 33 In -Lieu Fees Generated All in -lieu fees, penalties and other monies collected pursuant to the Housing Opportunity Ordinance, including interest, are deposited into the Inclusionary Housing Fund. Since inception, the Inclusionary Housing Fund has generated $28,443,446 to be used for the development of housing affordable to low- and moderate -income households, with a reasonable amount spent on administrative or related expenses associated with the administration of the Housing Opportunity Ordinance. In -lieu fees generated have been used to develop new affordable housing opportunities, provide emergency shelter, and create homeownership opportunities. Below is a summary of how in -lieu fees have been used by the City: Project Inclusionary Housing # of Units Address Funds SPENT Santa Ana Arts $4,775,000 57 1666 N. Main Street Collective La Placita Cinco $1,300,000 50 2239 West 5th Street The Link Interim $4,140,295 N/A 2320 S Redhill Avenue Emergency Shelter Westview House $1,514,113 84 2530 and 2534 Westminster Avenue TOTAL $11,729,408 191 Project Inclusionary Housing # of Units Address Funds COMMITTED Habitat for Humanity "Lacy $565,271 2 826 N. Lacy Street & & Vance" 830 N. Lacy Street WISEPIace Steps to Independence Public $90,000 N/A N/A Service Program Down Payment $1,250,000 N/A N/A Assistance WISEPIace PSH Pre - $484,000 48 1411 N. Broadway Commitment Loan TOTAL $2,389,271 50 City Council 8-6 11/15/2022 Housing Division Quarterly Report November 15, 2022 Page 7 Affordable Housing Development Projects There are five (5) affordable housing projects under construction, and two (2) affordable housing projects in pre -development. Below is a brief summary and status -update for each project. Exhibit 2 provides a development timeline for each project. The most recent RFP for Affordable Housing Development, which was issued on December 8, 2021 and closed on February 28, 2022, received three eligible proposals, in which one proposal, WISEPlace PSH, has been awarded a pre -commitment letter, and the two other proposals are currently in the review and evaluation phase. Projects under Construction Legacy Square 609 N Spurgeon Street Developer National Community Renaissance with Mercy House as the service provider New construction of a 100% affordable multifamily apartment complex Description consisting of 92 units of rental housing and one (1) manager's unit. All units will be affordable to households earning less than 60% AMI of which 33 units will be set -aside for permanent supportive housing. Authority Funds Eight (8) Project -Based Vouchers (PBVs) Construction is currently underway and on schedule. Specifically, the scaffold has been removed on the Courtyard East, North & South elevation in addition to the exterior of the South, West and North elevation. Water Update proofing, and installation of CMU block has begun at the planter wall areas on the podium level. Construction is underway for the interior units. Vinyl flooring, installation of interior doors and kitchen cabinets are being worked on the first and third levels. The Second level is currently being painted. The estimated completion date is February 2023. North Harbor Village (1108 N Harbor) Developer Jamboree Housing Corporation Description Acquisition and rehabilitation of a former motel yielding 89 units of permanent supportive housing. City / Authority CDBG ($1,687,047); Eight -nine (89) PBVs consisting of 34 HUD-VASH Funds PBVs and 55 non HUD-VASH PBVs. Construction is currently underway. Recent activities include framing for the new community building, putting up the trash enclosure, completing the roofing/framing repairs on the existing buildings, adjustments to the cell tower equipment, work on concrete walkways, pouring of the concrete on the Harbor Blvd. facing patios, trenching for underground plumbing, and Update digging footings for the outside shadestructure. The team has been looking for solutions to address some of the difficult waterproofing conditions that exist on site. In their efforts to come up with solutions they found that they also need to address the poor condition of the existing piping for the fire sprinkler system and ended up having to include new piping. Due to the additional construction work, the new estimated completion date is May 2023. Westview House (2530 Westminster Avenue) City Council 8-7 11/15/2022 Housing Division Quarterly Report November 15, 2022 Page 8 Developer Community Development Partners with Mercy House as the service provider New construction of an affordable multifamily apartment development consisting of 85 units of both large family and PSH units with one (1) Description manager's unit. Twenty-six of the units will be funded by Mainstream Program PBVs and Mental Health Services Act (MHSA) funds through the No Place Like Home NPLH program. City / Authority Inclusionary Housing ($1,514,113), HOME Investment Partnerships Funds Program ($2,003,705), Rental Rehabilitation Program ($386,523), and twenty-six (26) Mainstream Program PBVs Following approval by City Council on May 17, 2022, Community Development Partners successfully closed on their construction loan financing on May 31, 2022. The City disbursed 90% of our Inclusionary Housing ($1,514,113) and HOME Investment Partnerships Program Update ($2,003,705) loan funds at closing, and 100% of our Rental Rehabilitation Program funds. Grading activities have been completed and concrete is currently being poured. A groundbreaking ceremony will be held on November 2, 2022. Completion of the project is anticipated in February 2024. Crossroads at Washington (1126, 1136 and 1146 E Washington Avenue) Developer The Related Companies of California (TRCC) with A Community of Friends ACOF) as co -developer and lead service provider New construction of a 100% affordable multifamily apartment complex Description consisting of 85 units of rental housing and one (1) manager's unit. All units will be affordable to households earning less than 30 /o AMI of which 43 units will be set -aside for permanent supportive housing. HOME Investment Partnerships Program ($3,007,489), Neighborhood City / Authority Stabilization Program ($1,637,420), sixty-five (65) year ground lease Funds agreement for 1126, 1136 and 1146 E. Washington Avenue (Appraised Value as of September 22, 2019: $4,108,136) and Fifteen (15) Project - Based Vouchers PBVs With the help of the Developer, the Housing Authority and County secured an award of DTSC's Equitable Community Revitalization Grant (ECRG) funds. These funds will be used for unforeseen environmental conditions Update during the construction of the affordable housing project. The project closed construction financing in July 2022. The Notice to Proceed was subsequently issued to the General Contractor and the project is currently under construction. Excavation and off hauling of unforeseen debris on the lot occurred in August and September. Habitat for Humanity 826 N Lacy & 830 N Lacy Street Developer Habitat for Humanity of Orange County Description New construction of two single-family detached homes for homeownership serving households up to 120% AMI. City / Authority Inclusionary Housing ($565,271) and a 99-year ground lease agreement for Funds 416 Vance Street and 826 N. Lacy Street (Appraised Value as of Oct 25, 2018: $578,000) City Council 8-8 11/15/2022 Housing Division Quarterly Report November 15, 2022 Page 9 Grading Plans were approved and Grading Permits were issued at the end of July 2022. A groundbreaking ceremony was held on Friday, August 26, 2022 and was attended by numerous members of the City Council and staff. Grading of the property was completed in August 2022. Building Plans were Update submitted for Plan Check in February 2022. Building Plans were approved and Building Permits were issued in July 2022. Foundation work was started in mid -September 2022. A Framing Day is scheduled for Friday, October 28, 2022. Following this framing day, the build site will open to regular scheduled volunteer build days Wednesday through Saturday through the duration of the build. Projects in Pre -Development FX Residences 801, 809, 809 % E Santa Ana Boulevard Developer HomeAid Orange County, Inc. with Mercy House as the service provider Description New construction of an affordable multifamily apartment complex consisting of 16 units of permanent supportive housing, and one 1 manager's unit. City / Authority Housing Successor Agency ($1,656,947), three (3) PBVs, 99-year ground Funds lease agreement for 801 E. Santa Ana Blvd. (Appraised Value as of Oct 25, 2018: $788,000 Closing calls for current financers of the project began in July 2022. HomeAid and the predevelopment team for FX Residences will submit for a 2nd plan check on the building plans in early October. The Update street improvement and underground plans will be submitted at the end of October. HomeAid and Builder Captain City Ventures expect to pull permits the 1st Quarter of 2023 and break ground on the project early in the 2nd quarter of 2023. Completion of the project should be around the 3rd quarter of 2024 WISEPIace Permanent Supportive Housing (1411 N Broadway) Developer Jamboree Housing Corporation with WISEPIace as the co -developer and lead service provider Description Adaptive reuse and new construction of the WISEPIace building to provide 48 permanent supportive housing units, and one 1 manager's unit. City / Authority HOME -ARP ($5,256,327); Twenty-five (25) PBVs Funds The developer has obtained all of their soft funding commitments from the City of Santa Ana, Orange County Housing Finance Trust, and the County Update of Orange. The developer applied to TCAC for competitive 9% tax credits in June 2022. The project was officially awarded tax credits in September 2022. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Available Funds for Affordable Housing Development Projects 2. Project Timelines City Council 8-9 11/15/2022 Housing Division Quarterly Report November 15, 2022 Page 10 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 8 — 10 11/15/2022 Exhibit 1 Available Funds for Affordable Housing Development Projects As of September 30th, 2022 Housing Successor Agency (Housing Authority) $4,867,082 Cash on Hand ($1,656,947) Frances Xavier Residence Project Pre -Commitment Loan 1 ($250,000) Administrative Costs Allowance 2 ($2,639,866) Administrative Costs Allowance for Future Fiscal Years 3 ($307,386) Crossroads at Washington Option Agreement Amendment 4 ($12,883) Crossroads at Washington Environmental Assessment Oversight 5 $0 Available Funds Inclusionary Housing Funds $14,676,969 Cash on Hand ($1,250,000) Down Payment Assistance Program 6 ($565,271) Lacy Street Project Grant 7 ($151,411) Westview House Loan 8 ($37,500) Westview House Project Cost ($11,544) WISEPIace Steps to Independence Program Agreement 9 ($484,000) WISEPIace PSH Pre -Commitment Loan 12 ($2,787,146) Administrative Costs Allowance (CDA/PBA) $9,390,097 Available Funds HOME Program $5,739,433 Funds to Drawdown ($300,749) Crossroads at Washington Loan 10 ($200,371) Westview House Loan 8 $5,238,313 Available Funds to Drawdown HOME -American Rescue Plan Program (PSH Projects Only) $5,256,327 Funds to Drawdown ($5,256,327) WISEPIace PSH Pre -Commitment Loan 12 $0 Available Funds to Drawdown CDBG Program (Acquisition/Rehabilitation Projects Only) $4,690 Funds to Drawdown $4,690 Available Funds to Drawdown Rental Rehabilitation Grant Program $48,402 Cash on Hand 11 ($38,652) Westview House Loan 8 $9,750 Available Funds $14,642,850 Total Available Funds Approved by Housing Authority on January 15, 2019. Additional $587,000 approved by Housing Authority on December 7, 2021. 2 The Housing Successor Agency relies on available cash to fund the monitoring and compliance functions related to the former Redevelopment Agency's housing loans. ' Funds to be set aside for compliance and monitoring requirements due to uncertainty of future repayment revenues. " Approved by Housing Authority on December 15, 2020. Additional $150,000 maximum approved by Housing Authority on August 17, 2021 (2nd Amendment to Option Agreement). s Approved by Housing Authority on July 20, 2021. ° $400,000 originally approved by City Council on March 6, 2018. Nine loans paid through end of September 2021. Additional $1,200,000 approved by Council on November 2, 2021. Approved by City Council/Housing Authority on March 5, 2019. Additional $333,777 approved by City Council on April 6, 2020. ° Approved by City Council on May 17, 2022. ° Approved by City Council on April 7, 2020. 10 Approved by City Council on June 21, 2022. Old program income available after close out of program with HUD. ��Iar�eOCity u nCl4on June 21, 2022. Q — 11 11/15/2022 EXHIBIT 2 Current Affordable Housing Development Project Timelines Proiects Under Construction Legacy Square — 609 North Spurgeon Street Aug 18 Santa Ana CDA Funding Application Dec 18 Applied for NPLH and SNHP Funds Jan 19 Santa Ana funding award Feb 19 Planning entitlements approved Feb 19 Applied for Round 4 AHSC Funding May 19 Award of SNHP funds Jul 19 Applied for Round 1 MHP Nov 19 Applied for State 4% tax credits Jan 20 Construction drawings (8-12 weeks) Feb 20 Apply for Round 5 AHSC funding May 20 Apply for 4% tax credits May 20 Plan check (12-16 weeks) Jun 20 Award of AHSC funds July 20 Award of 4% Tax Credits July 20 Award of Tax -Exempt Bonds May 20 Plan Check (12-16 weeks) Jan 21 Building permit issuance Feb 21 Construction closing/syndication Feb 21 Begin construction (24 months) Jul 21 Groundbreaking Ceremony Mar 22 Press Release announcing 5 Community Workshops for Lease Up information Apr 22 Framing complete May 22 Roofing to start July 22 Elevator Cab delivery Sept 22 Interior painting, and flooring &HVAC getting installed Oct 22 Production insulation and Building Inspection of the Community Room and Leasing Office Feb 23 Construction complete June 23 100% fully leased (4 months) North Harbor Village — 1108 N. Harbor Mar 19 Start of design development Mar 19 Applied to FHLBSF for AHP Financing ($890,000) Mar 19 Award of VASH Vouchers & City Loan by City Council (89 Vouchers and $1,687,047) Mar 19 Start environmental approval process with City of Santa Ana (CEQA/NEPA) Mar 19 Applied for Home Depot Grant ($500,000) Jun 19 CEQA / NEPA Approval — City of Santa Ana Jun 19 AHP Award Date ($890,000) Aug 20 Applied to HCD for MHP 1st Round Funding ($13,316,412) City Council Page 11-12 11/15/2022 EXHIBIT 2 Dec 19 Notified project did not receive 1st Round MHP funding Feb 20 Applied to HCD for VHHP Funding ($10,000,000) Mar 20 Applied to HCD for MHP 2nd round funding Mar 20 Applied to OCHFT Financing ($2,292,920) May 20 Notified project did not receive 2st Round MHP funding May 20 Received OCHFT funding award ($2,292,920) Jun 20 Received VHHP funding award ($10,000,000) Jun 20 Submitted Plans for Ministerial Design Approval Jun 20 Applied for CDLAC tax exempt bond allocation ($24,000,000) Jul 20 Applied for TCAC 4% competitive state and federal tax credits ($9,896,911) Sept 20 CDLAC Allocation Nov 20 Ministerial Design Approval (upon completion of community meeting on 11 /4/2020) Oct 20 TCAC Allocation Oct 20 Start construction documents for rehab Nov 20 Submit first plan check Dec 20 Awarded Home Depot Grant Jan 21 Receipt of first plan check comments Jan 21 Submit second plan check Feb 21 Receipt of second plan check comments Feb 21 Submit third plan check Mar 21 Received permit ready Apr 21 Construction loan closing Apr 21 Pull Permits and start construction May 21 Site Demolition Dec 21 Work on mock up units begins Jun 22 Structural retrofitting and repairs July 22 Roofing and Framing Aug 22 Stock drywall & Inspections Aug 22 Gutter , Awning and Painting & installation of stairs Oct 22 OCHFT Loan finalized Apr 23 Interior refurbishments & finishes Apr 23 Complete Flooring Feb 23 Start of Lease up May23 Construction Completion May 23 Final Cleaning May 23 Full occupancy Westview House — 2530 Westminster Avenue Oct 19 City of Santa Ana RFP submittal May 20 OC 2020 Supportive Housing NOFA Submittal Dec 20 OC 2020 Supportive Housing NOFA award Jan 21 City of Santa Ana PBV Award Jan 21 Construction/permanent debt commitments Jan 21 Receive Entitlements Jan 21 No Place Like Home application City Council Page 2 1— 13 11/15/2022 EXHIBIT 2 Mar 21 OCHFT application May 21 OCHFT Award Jun 21 No Place Like Home commitment Sep 21 CDLAC/TCAC 4% application Dec 21 CDLAC/TCAC 4% award May 22 Close on construction financing Jun 22 Construction permits issued Jun 22 Construction start Nov 22 Groundbreaking Ceremony Feb 24 Construction complete July 24 All units Leased Nov 24 Perm Debt Conversion Crossroads at Washington — 1126,1136 and 1146 E. Washington Avenue Aug 19 Submitted PSH application to County Oct 19 Submitted for Planning entitlements Oct 19 Community meeting Nov 19 Approval of Joint Powers Agreement, Option to Ground Lease, Voucher Resolution and Cooperation Agreement, and Regional Housing Needs Assessment (RHNA) Agreement and Density Bonus Dec 19 NEPA EA City Approval — City of Santa Ana submits NEPA EA to HUD Feb 20 PSH Funds and Voucher approval from County Board of Supervisors Feb 20 Planning entitlements approved Mar 20 TCAC 9% Application — 15t Round 2020 Jul 20 TCAC FCAA/9% Application — 2nd Round 2020 Oct 20 TCAC FCAA/9% Award — 2nd Round 2020 Mar 21 Submitted OCHFT PSH NOFA Application May 21 OCHFT PSH NOFA Award Dec 21 Submit DTSC Equitable Community Revitalization Grant (ECRG) Pre -Qualifying Application Feb 22 Submit for 1st plan check Mar 22 DTSC approves draft Removal Action Workplan; draft Removal Implementaion Plan under review Apr 22 DTSC ECRG Full Application Jul 22 DTSC ECRG Award Jul 22 City issues permit ready letter Jul 22 Construction finance closing/Start construction Dec 23 Construction complete Apr 24 Full occupancy Habitat for Humanitv — 826 N. Lacv Street & 830 Lacv Street May 20 DDA signed June 20 Prepare grading plans Oct 20 Prepare architectural plans Oct 20 Submit Neighborhood Review Application Feb 21 Final Approval from Historic French Park Committee Apr 21 Submit Site Review Application City Council Page 51-14 11/15/2022 EXHIBIT 2 Dec 21 Submit grading/ Non -Priority WQMP Jan 22 Submit architectural plans May 22 Planning Commission Approval Jul 22 Grading permit issued Aug 22 Groundbreaking Aug 22 Building Permits issued Aug 22 Commence Grading Sep 22 Begin Foundation Consturction Oct 22 Framing Ceremony/Framing Construction Begins Aug 23 Anticpated Construction completion Aug 23 Certificate of Occupancy/Closings Projects in Pre -Development FX Residences — 801, 809, 809'/2 E. Santa Ana Boulevard Jan 19 Council approval for land lease and project funding Jan 19 Submittal of application for NPLH funding Feb 19 Confirm with City staff that project site can yield additional units under existing zoning Mar 19 Revise conceptual drawings for additional 5 units (17 total units, up from the original 12 units) Mar 19 SNHP funding application submitted to County Apr 19 City staff to review revised conceptual design Apr 19 Begin development agreement May19 Board of Supervisors meeting for SNHP funding Jul 19 Execute Development Agreement Jul 19 Formal awards letters for NPLH funding to be issued Aug19 Initial planning submittal Sept19 Sunshine Ordinance Meeting Mar 21 Planning Commission Meeting (ministerial approval of density bonus) Oct 21 Submit for first plan check Dec 21 City Council Meeting (ministerial approval of density bonus) Dec 21 City Council approval of additional $587,000 for construction costs Feb 22 Building permit submittal Mar 22 Recived 1 St set of comments back from Plan Check, consultants working on responses. Jul 22 FX Funding Closing Meetings begin, 2nd Building Plan Submittal Aug 22 Building and Grading comments being addressed Oct 22 Consruction Funding Closing process is underway Mar 23 Pulling of permits for project Mar 23 Construction Begins Nov 24 Anticipated Completion of construction Dec 24 Lease up units ( 3 months) City Council — 15 11/15/2022 EXHIBIT 2 WISEPIace Permanent Suaaortive Housina — 1411 N. Broadwa May 19 Start of conceptual design development Sept 19 Applied to City of Santa Ana for Financing Feb 20 Notified not awarded City of Santa Ana Financing Mar 20 Applied to Orange County Housing Finance Trust (OCHFT) Financing Apr 20 Met with City of Santa Ana Planning Staff on entitlements May 20 Notified not awarded OCHFT Financing Jun 21 Met with City of Santa Ana staff to review revised conceptual plans Jan 22 Submitted Historic Resource Commission and entitlements application to City of Santa Ana Feb 22 Applied to City of Santa Ana for HOME -ARP Funding and PBVs Mar 22 City of Santa Ana Historic Resource Commission Approval Mar 22 Applied to OCHFT Financing Mar 22 Applied to AHP Financing Apr 22 Awarded City of Santa Ana for HOME -ARP Funding and PBVs May 22 Awarded OCHFT Funding May 22 City of Santa Ana Planning Commission Approval of entitlements May 22 City of Santa Ana Community Development Commission Approval of Funding and Density Bonus Agreement (DBA) Jun 22 Notified not awarded AHP Funding Jun 22 Applied to County of Orange for ARPA Funding Jun 22 City of Santa Ana City Council Approval of DBA Jun 22 Awarded County of Orange ARPA Funding Jun 22 Applied for TCAC 9% competitive federal tax credits Sept 22 TCAC Allocation Sept 22 Start construction documents Nov 22 Submit first plan check Dec 22 Receipt of first plan check comments Jan 22 Submit second plan check Jan 23 Receipt of second plan check comments Feb 23 Submit third plan check Feb 23 Receive permit ready letter Mar 23 Construction loan closing Mar 23 Pull Permits and start construction Apr 23 Site Demolition Nov 24 Start of lease up Nov 24 Construction Completion Feb 25 Full occupancy City Council Rclyt7,5 I— 16 11/15/2022 Community Development Agency _ www.santa-ana.org/community-development Item # 9 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Homeless Housing, Assistance, and Prevention Round 4 Application AGENDA TITLE: Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 4 Application to Receive Funding from the State of California's Homeless Coordinating and Financing Council (HCFC) to Address Homelessness RECOMMENDED ACTION Approve the submission of the Homeless Housing, Assistance and Prevention (HHAP) Program Round 4 Application to receive funding from the State of California's Homeless Coordinating and Financing Council (HCFC) to address homelessness. DISCUSSION On September 30, 2022, the HCFC, now called the California Interagency Council on Homelessness (Cal ICH), announced the availability of HHAP Program Round 4 grant funding. This $1 billion flexible block grant program is available to large cities, counties, and continuums of care to address homelessness challenges in ways that best meet their local needs. HHAP Round 4 follows previous rounds in a response to build regional coordination to reduce and end homelessness. Cal ICH encourages that funding be housing -focused, by funding either permanent housing interventions directly or, when used for shelter or street outreach, to have clear pathways to connect people to permanent housing options. They also encourage collaboration within each Continuum of Care (CoC). Cal ICH provided the required application templates and baseline data to standardize data for CoC regarding equity goals as they apply to underserved populations and populations disproportionately impacted by homelessness, and for the six (6) following required outcome goals: • Reducing the number of persons who become homeless for the first time; • Increasing the number of people exiting homelessness into permanent housing; • Reducing the length of time persons remain homeless; • Reducing the number of persons who return to homelessness after exiting homelessness to permanent housing; City Council 9-1 11/15/2022 Homeless Housing, Assistance, and Prevention Round 4 Application November 15, 2022 Page 2 • Reducing the number of persons experiencing homelessness; and • Increasing successful placements from street outreach. As a condition to receive funding through the HHAP Program, local governments are required, by November 29, 2022, to submit an application, or draft an application that has been agendized at a regular meeting of the governing body for public comment. The City is waiting for both the funding amount to be released by Cal ICH and for the CoC to provide the required data to finalize the application. The draft application is included as Exhibit 1. Once information is received, the City will finalize the application. Because the application is due to the State prior to receiving all information, the City drafted the HHAP-4 application using information from the local homelessness action plan and the HHAP-3 application as a tool to respond to the required templates. The planned investments of HHAP- 4 is consistent with the HHAP-3 funding. Resources will help drive the progress toward addressing homelessness and responding to the needs within the City. The City's draft HHAP-4 application funds the operation and future purchase of the Navigation Center, street outreach and engagement services, administration oversight, and the delivery of permanent housing for youth and seniors. Housing assistance for youth, and the fastest growing demographic of people experiencing homelessness - those over the age of 55 years - will be accomplished by partnering with the Santa Ana Housing Authority on an allocation to pair project -based and tenant -based vouchers with an allocation of HHAP Round 4 funds for landlord incentives and wrap -around supportive services. FISCAL IMPACT There is no fiscal impact associated with this item. However, staff will return to City Council once the application is approved and funding amounts are available to appropriate. EXHIBIT(S) 1. Homeless Housing, Assistance and Prevention Round 4 Application 2. Local Homelessness Action Plan Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 9-2 11/15/2022 EXHIBIT 1 77 p "� d d � a o a� D o 0 •�� _ TOTAL # OF PEOPLE EXPERIENCING HOMELESSNESS 5718 1990 for Santa Ana) County of Orange 2022 PIT Count # of People Who are Sheltered (ES, TH, SH) 2661 1482 for Santa Ana) County of Orange 2022 PIT Count # of People Who are Unsheltered Household Compositi 3057 508 for Santa Ana) ) County of Orange 2022 PIT Count # of Households without Children 4510 County of Orange 2022 PIT Count # of Households with At Least 1 Adult & 1 Child 1201 County of Orange 2022 PIT Count # of Households with Only Childrenj 7 1 County of Orange 2022 PIT Count Sub -Populations. Other Characteristics # of Adults Who are Experiencing Chronic Homelessness 2463 County of Orange 2022 PIT Count # of Adults Who are Experiencing Significant Mental Illness 1445 County of Orange 2022 PIT Count # of Adults Who are Experiencing Substance Abuse Disorders 1633 County of Orange 2022 PIT Count # of Adults Who are Veterans 280 County of Orange 2022 PIT Count # of Adults with HIV/AIDS 129 County of Orange 2022 PIT Count # of Adults Who are Survivors of Domestic Violence 515 County of Orange 2022 PIT Count # of Unaccompanied Youth (under25) 183 County of Orange 2022 PIT Count # of Parenting Youth (under 25) 34 County of Orange 2022 PIT Count # of People Who are Children of Parenting Youth 46 County of Orange 2022 PIT Count DemographicsGender City Council 9-3 11/15/2022 # Women/Girls County of Orange 2022 PIT Count # Men/Boys County of Orange 2022 PIT Count Transgender County of Orange 2022 PIT Count Gender Non -Conforming DemographicsEthnicity and Race # Hispanic/Latino County of Orange 2022 PIT Count County of Orange 2022 PIT Count Non-Hispanic/Non-Latino County of Orange 2022 PIT Count # Black or African American County of Orange 2022 PIT Count # Asian County of Orange 2022 PIT Count # American Indian or Alaska Native County of Orange 2022 PIT Count # Native Hawaiian or Other Pacific Islander County of Orange 2022 PIT Count White County of Orange 2022 PIT Count # Multiple Races County of Orange 2022 PIT Count All data was provided by the Orange County CoC and includes data for the entire County of Orange. Specific data for the Santa Ana Population and Living Situations has also been included in the appropriate section. City Council 9-4 11/15/2022 Table..People RapidPermanent Transitional Interim Housing. Housing RehousingSupportive . Services (RRH) (TH) (IH / ES) (DIV) Assistance (HP) Household Composition # of Households without Children 1621 829 48 1952 948 5400 N/A # of Households with At Least 1 Adult & 580 3183 327 408 N/A 2994 165 1 Child # of Households with Only Children 1 6 0 211 N/A 13 190 Sub -Populations and Other Characteristics # of Adults Who are Experiencing 946 522 13 881 N/A 8 2163 Chronic Homelessness # of Adults Who are Experiencing 938 337 13 589 N/A 100 1540 Significant Mental Illness # of Adults Who are Experiencing 295 95 6 363 N/A 0 1527 Substance Abuse Disorders # of Adults Who are Veterans 507 167 2 65 N/A 97 137 # of Adults with HIV/AIDS 41 10 0 72 N/A 14 66 # of Adults Who are Survivors of 333 I 593 57 I 408 N/A 188 817 Domestic Violence # of Unaccompanied Youth (uncle 28 57 24 I 311 I N/A I 38 1206 # of Parenting Youth (under 25) 13 65 10 17 N/A 19 5 # of People Who are Children ofl 49 I 187 28 73 N/A 74 27 Parentin Youth Gender Demographics # of Women/Girls 990 2207 226 1065 N/A 2217 2497 # of Men/Boys 119 11828 147 1478 N/A 1727 5782 1 UILY UVUI IGII zi- V I I/ I V/LVLL C All data was provided by the Orange County CoC and includes data for the entire County of Orange, Orange County CoC and The City of Santa Ana do not offer diversion services. 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E m o o Q vE n O n Oa'�9 'e'i f� fg a fg a fg a fg a mf� H - a a„ 7i ti ?i 7i O n7i i U 8 S S 8 "s "ssli01 �U 2 0 2 0 2 0 b L E i O O O E O &nbsp; City Council &nbsp;9 &ndash;&nbsp;10 11/15/2022 &nbsp; TableOutcome Goals�.: ;.. Outcome Goal #I a: Reducing the number of persons experiencing homelessness. Goal Statement: By the end of the performance period, HDIS data for the Orange County Continum of Care will show 16,178 total people accessing services who are experiencing homelessness annually, representing 1,142 fewer people and a 16.65%reduction from the baseline. #Please be sure to copy and paste the goal statement from this application template to Cognito, and only update the fields in [brackets]. Goal Narrative: The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. Outcome Goals July 1, 2022 - June 30, 2025 Baseline Data: Target Annual Estimate of # of people Annual estimate of number of people accessing services who are experiencing homelessness Change in # of People Change as % of Baseline accessing services who are experiencing homelessness 16,178 people annually 1,142 fewer people annually 16.65 % reduction 779 Underserved Populations and Populations Disproportionately Impacted by Homelessness f Describe any underserved and/ or disproportionately impacted population(s) that your community will especially Describe the trackable data goal(s) related to this Outcome Goal: (focus on related to this Outcome Goal and how this focus has been informed by data in your landscape assessment: Note: Meeting the trackable data goals for the underserved populations is not required for eligibility for Bonus Funds. Analysis of the 2022 PIT data and the 2016-2020 US Census date for the County of Orange indicates the following population data Reduce the number of Black, Latin X and Indigineous people experiencing homelessness by for underserved/disporportionately impacted populations: Blacks- 2.2% of population in the County, 6,22% of the unsheltered 10%annually, with a focus on street outreach. Require that the contracted outreach population and 1 1%of sheltered population. Hispanic- 34% of population in the County, 34% unsheltered and 54% sheltered. organization hire workers that are relatable to the community, understand that disparities exist Mixed Race A of population in the County, 20% unsheltered and 3% sheltered. Our community will especialy focus on these and strive to get this population housed and off of the streets. By hiring outreach workers that populations, with an extra focus on underserved youth and seniors, related to this outcome goal. meet the follwoing needs: 1. Bilingual . 2. Are of Black, Latin X and/or Indeginious decent so that the community finds them relatable and approachable. City Council 9 —11 11/15/2022 Goal Statement: By the end of the performance period, data for the Orange County Continum of Care will show 31057 total people experiencing unsheltered homelessness daily, representing 904 fewer people and a 22.85% reduction from the baseline. *Please be sure to copy and paste the goal statement from this application template to Cognito, only updating the fields in [brackets]. Goal Narrative: [explain reasoning for setting this goal, especially if the goals being set are not aligned with the directional intent of the Outcome Goals] The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. Outcome Goals July 1, 2022 - June 30, 2025 Baseline Data: Daily Estimate of # of people experiencing unsheltered homelessness Change in # of People Change as % of Baseline Target Daily Estimate of # of people experiencing unsheltered homelessness 3,067 904 22.85% 322 Describe any underserved and/ or disproportionately impacted population(s) that your community will especially Describe the trackable data goal(s) related to this Outcome Goal: focus on related to this Outcome Goal and how this focus has been informed by data in your landscape assessment: Note: Meeting the trackable data goals for the underserved populations is not required for eligibility for Bonus Funds. Street Outreach reported that between Jan 2022 and September 2022, they serviced 234 Black people, 45 Asison, 81 American Reduce the number of Black, Latin X and Indigineous people experiencing homelessness by Indians, 17, Pacific Islander and 1447 people of the Latin X community. While 2099 people who are White were serviced. This data 5% annually, with a focus on street outreach. Require that the contracted outreach is complied on a daily basis throught HMIS. organization hire workers that are relatable to the community, understand that disparities exist and strive to get this population housed and off of the streets. By hiring outreach workers that meet the following: 1. Bilingual . F. Are of Black, Latin X and/or Indeginious decent so that the community finds them relatable Statement: the end of the performance period, HDIS data for the Orange County Continum of Care will show 9,687 total people become newly homeless each year, representing [#] [fewer or )re] people and a [%] [reduction or increase] from the baseline. be sure to copy and paste the goal statement from this application template to Cognito, only updating the fields in [brackets]. Narrative: [explain reasoning for setting this goal, especially if the goals being set are not aligned with the directional intent of the Outcome Goals] The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. City Council 9 — 12 11/15/2022 Outcome Goals July 1, 2022 - June 30, 2025 Baseline Data: Annual Estimate of # of people who become newly homeless each Target Annual Estimate of # of people who year Change in # of People Change as % of Baseline become newly homeless each year 9,687 Describe Your Related Goals for Describe any underserved and/ or disproportionately impacted population(s) that your community will especially I Describe the trackable data gool(s) related to this Outcome Goal: focus on related to this Outcome Goal and how this focus has been informed by data in your landscape assessment: Note: Meeting the trackable data goals for the underserved populations is not required for eligibility for Bonus Funds. The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. Outcome .• Increasing the numberof people • homelessness into permanent housing. Goal Statement: By the end of the performance period, HDIS data for the Orange County Continum of Care will show 2,796 total people people exiting homelessness into permanent housing annually, representing I#] [fewer or more] people and a [%] [reduction or increase] from the baseline. *Please be sure to copy and paste the goal statement from this application template to Cognito, only updating the fields in [brackets]. Goal Narrative: [explain reasoning for setting this goal, especially if the goals being set are not aligned with the directional intent of the Outcome Goals] The Orange County CoC will provide regional goals. Once this information is provided, these sections will be com lete. Baseline Data: Outcome Goals July 1, 2022 - June 30, 2025 Target Annual Estimate of # of people Annual Estimate of # of people exiting homelessness into permanent housing Change in # of People Change as % of Baseline exiting homelessness into permanent housing 796 105 fewer people annually Describe Your Related Goals for City Council 9 — 13 11/15/2022 Describe any underserved and/ or disproportionately impacted population(s) that your community will especially Describe the trackable data goals) related to this Outcome Goal: focus on related to this Outcome Goal and how this focus has been informed by data in your landscape assessment: Note: Meeting the trackable data goals for the underserved populations is not required for eligibility for Bonus Funds. The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. Outcome Goal #4. Reducing the length of time persons remain homeless. Goal Statement: By the end of the performance period, HDIS data for the Orange County Continum of Carewill show 141 days as the average length of time that persons are enrolled in street outreach, emergency shelter, transitional housing, safehaven projects and time prior to move -in for persons enrolled in rapid rehousing and permanent housing programs annually, representing [#] [fewer or more] people and a [%] [reduction or increase] from the baseline. *Please be sure to copy and paste the goal statement from this application template to Cognito, only updating the fields in [brackets]. Goal Narrative: [explain reasoning for setting this goal, especially if the goals being set are not aligned with the directional intent of the Outcome Goals] The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. Outcome Goals July 1, 2022 -June 30, 2025 Target Average length of time (in # of Baseline Data: Average length of time (in # of days) persons enrolled in street days) persons enrolled in street outreach, outreach, emergency shelter, transitional housing, safehaven Change in # of People Change as % of Baseline emergency shelter, transitional housing, projects and time prior to move -in for persons enrolled in rapid safehaven projects and time prior to move rehousing and permanent housing programs in for persons enrolled in rapid rehousing and permanent housing programs 141 Underserved Populations and Populations Disproportionately Impacted by Homelessness Describe any underserved and/ or disproportionately impacted population(s) that your community will especially I Describe the trackable data goal(s) related to this Outcome Goal: focus on related to this Outcome Goal and how this focus has been informed by data in your landscape assessment: Note: Meeting the trackable data goals for the underserved populations is not required for eligibility for Bonus Funds. City Council 9 — 14 11/15/2022 Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. Outcome Goal #5. Reducing the number of persons who return to homelessness within two years after exiting homelessness to permanent housing. Goal Statement: By the end of the performance period, HDIS data for the Orange County Continum of Carewill show 8% of people return to homelessness within 2 years after having exited homelessness to permanent housing, representing [#] [fewer or more] people and a [%] [reduction or increase] from the baseline. *Please be sure to copy and paste the goal statement from this application template to Cognito, only updating the fields in [brackets]. Goal Narrafive: [explain reasoning for setting this goal, especially if the goals being set are not aligned with the directional intent of the Outcome Goals] The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. Outcome Goals July 1, 2022 - June 30, 2025 Baseline Data: % of people who return to homelessness within 2 years after having Target % of people who return to exited homelessness to permanent housing Change in % of People Change as % of Baseline homelessness wihtin 2 years after having exited homelessness to permanent housing Underserved Populations and Populations Disproportionately Impacted by Homelessness Describe any underserved and/ or disproportionately impacted population(s) that your community will especially Describe the trackable data goal(s) related to this Outcome Goal: focus on related to this Outcome Goal and how this focus has been informed by data in your landscape assessment: Note: Meeting the trackable data goals for the underserved populations is not required for eligibility for Bonus Funds. City Council 9 — 15 11/15/2022 Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. I The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. Outcome Goal 06. Increasing successful placements from street outreach. Goal Statement: By the end of the performance period, HDIS data for the Orange County Continum of Care will show 1,775 total people served in street outreach projects exit to emergency shelter, safe haven, transitional housing, or permanent housing destinations annually, representing [#] [fewer or more] people and a [%] [reduction or increase] from the baseline. *Please be sure to copy and paste the goal statement from this application template to Cognito, only updating the fields in [brackets]. Goal Narrative: [explain reasoning for setting this goal, especially if the goals being set are not aligned with the directional intent of the Outcome Goals] The Orange County CoC will provide regional goals. Once this information is provided, these sections will be complete. Outcome Goals July 1, 2022 • June 30, 2025 Baseline Data: Target Annual Estimate of # of people Annual # of people served in street outreach projects who exit to served in street outreach projects who exit emergency shelter, safe haven, transitional housing, or permanent Change in # of People Change as % of Baseline to emergency shelter, safe haven, housing destinations. transitional housing, or permanent housing destinations. Underserved Populations and Populations Disproportionately Impacted by Homelessness Describe any underserved and/ or disproportionately impacted population(s) that your community will especially Describe the trackable data gool(s) related to this Outcome Goal: focus on related to this Outcome Goal and how this focus has been informed by data in your landscape assessment: Note: Meeting the trackable data goals for the underserved populations is not required for eligibility for Bonus Funds. City Council 9 — 16 11/15/2022 Orange County CoC will provide regional goals, Once this information is provided, these sections will be Orange County CoC will provide regional goals, Once this information is provided, these sections will be complete. 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HHAP-4 ALLOCATION to be • • be used Intended to be Supported with HHAP-4 sed on this Eligible Use (YO) under this Eligible Use as part Activities to be Supported with HHAP-4 of the Youth Set Aside? Pay for Community Development Analyst and Management Administrative Activities 7% Aide to administer and monitor HHAP funds and programs. Outreach and Outreach teams to engage with individuals experiencing Engagement TBD homelessness on the streets of Santa Ana. Permanent Supportive Tenant -based or project -based vouchers for seniors and Service -Enriched TBD experiencing homelessness, landlord incentives and wrap - Housing around supportive services. Non -Congregate Purchase a newly constructed Navigation Center and, utilize Shelter/ Interim Housing TBJ funds for operation costs at the Navigation Center. b. Delivery of permanent Tenant -based or project -based vouchers for Youth experiencing housing i o% homelessness, landlord incentives and wrap -around supportive services. City Council 9 — 22 11/15/2022 How were these decisions to invest HHAP-4 into these activities How is this a strategic use of HHAP-4 resources that will address informed by the planned uses of other state, local, and/or federal needs and gaps within the homelessness response system? funding sources (as documented in the Landscape Analysis in Part Uses have been prioritized to assist people experiencing literal homelessness move into safe and stable housing. Programs are designed Proposed use of funds will help to fill the gaps identified inthe Local with low barrier and trauma informed programs in mind as well as being Landscape Analysis and will complement American Rescue Program culturally responsive. Delivery of permanent housing is a broad definintion (AARP) funding, Federal (HUD) funding and other State funding (PLHA and used to create or seek permanant housing for Youth & Seniors that the City HHAP). will be focusing on. City Council 9 — 23 11/15/2022 Use may be prioritized based upon award allocation, Families Proposed use of funds will help to fill the gaps identified inthe Local experiencing homelessness is a high need in the City, as there are very few Landscape Analysis and will complement American Rescue Program options outside of congregate shelter. (AARP) funding, Federal (HUD) funding and other State funding (PLHA and HHAP), City Council 9 — 24 11/15/2022 City Council 9 — 25 11/15/2022 Complete ONLY if you selected Interim Housing/Congregate/Non-Congregate Shelter as an activity on the Funding Plans tab. Demonstrated Need # of available shelter beds # of people experiencing unsheltered homelessness in the homeless point -in -time count Shelter vacancy rate in the summer months Shelter vacancy rate in the winter months 17. of exits from emergency shelters to permanent housing solutions Describe plan to connect residents to permanent housing. The City's Homeless Navigation Center acts as an entry point to connect individuals and families experiencing homelessness to permanent housing. The chosen Operator of the shelter employs Housing Navigators and Case Managers, whose job is to assist individuals and families to become document ready and able to succeed in housing. The same level of care is taken with individuals who are housed directly off of the streets. Our Navigation Center opened during the summer which explains why the percentage of vacancy is greater than in the winter months. City Council 9 — 26 11/15/2022 EXHIBIT 2 HHAP-3 NARRATIVE TEMPLATE CITY OF SANTA ANA LOCAL HOMELESSNESS ACTION PLAN July 2021- June 2024 INTRODUCTION City Council 9 — 27 11/15/2022 The City of Santa Ana's response to homelessness includes balancing the individual's needs with community resources that will address, deter and prevent homelessness. The development of this plan was prepared specifically to respond to the Homeless Housing, Assistance and Prevention (HHAP) Round 3 grant application. The Plan will serve as a guide to build upon current efforts of the City and its partners, and to improve and evaluate the local homeless system of care. The City of Santa Ana will utilize the HHAP3 funding for the period of July 2021 to June 2024. Funds will be augmented with other local, state and federal funding in an effort to provide a system of care for individuals experiencing homelessness in Santa Ana. The City strives to ensure that there are several pathways for assistance, and to housing. Data used in the development of the Local Homelessness Action Plan includes data from both the 2019 and 2022 Point in Time Counts, the 2021 Homeless Management Information System (HMIS) and data from the California Interagency Council on Homelessness (ICH.) LOOKING AT THE FUTURE According to a recent study led by the University of Pennsylvania, the fastest growing population among people experiencing homelessness is older adults. This study drew on 30 years of census data to project that the U.S. population of people 65 and older experiencing homelessness will nearly triple by 2030. The rising costs of housing and living on fixed incomes contribute to many seniors entering homelessness. Additional evidence shows that youth experiencing homelessness are under -counted due to reasons of roaming and not being in the locations being counted or served. The City will utilize HHAP funding to address the need of this unique population of transition -aged youth (TAY). Families continue to be a priority population for the City. In response to this, the newly opened Navigation Center provides a separate family dorm with over 40 family beds. These are the three population groups that the City of Santa Ana will consider more closely in the upcoming years when determining future homeless housing developments and in homeless service planning. City Council 9 — 28 11/15/2022 SANTA ANA LANDSCAPE ANALYSIS SUB -POPULATIONS AND OTHER CHARACTERISTICS Survivors of Domestic Violence 10% Veterans 2% HIV/AIDS 1% (BASED ON 2021 HMIS DATA) Unaccompanied Youth (under 25) 7% Substance Abuse 25% Four Point Plan + Chronic Homelessness 32% Significant Mental Illness 23% The City of Santa Ana developed a Four -Point Plan to address homelessness in 2019. The four points are listed below along with a newly developed point to address racial, ethnic and gender disparities. 1. Reduce negative impacts to community ensuring Santa Ana is clean and safe. 2. Be persistent in our contact with anyone experiencing homelessness. 3. Reduce the number of Santa Ana's unsheltered homeless and those returning to homelessness. 4. Have an engaged and informed community regarding homelessness and homeless solutions. 5. Close the gap of racial, ethnic and gender disparities in homeless services. OVERVIEW Goal 1: Reduce negative impacts to community ensuring Santa is clean and safe. Plan: Increase public safety presence while building relationships with the homeless. Formation of Public Safety and Homelessness Subcommittee City Council 9 — 29 11/15/2022 The Santa Ana Police Department (SAPD) interacts with individuals experiencing homelessness on a daily basis. The City is fortunate in that the SAPD created the Homeless Evaluation Assessment Response Team (H.E.A.R.T.) to oversee citywide homeless outreach needs, safety and security as well as mental health conditions. All police personnel working in this detail have received over 16 hours of specifically designed mental health training (Crisis Intervention Training for Law Enforcement) for first responders. The Homeless Evaluation Assessment Response Team Program focuses exclusively on individuals experiencing homelessness or at risk of homelessness, and addresses the problem in its entirety by way of immediate needs and long-term effects on the homeless population. The H.E.A.R.T program utilizes Coordinated Entry to provide assistance to chronically homeless individuals based on vulnerability and severity of needs and to reduce barriers to housing entry. Goal 2: Be persistent in our contact with anyone experiencing homelessness. Plan: Partnerships, Outreach and Engagement. PARTNERSHIPS City Council 9 — 30 11/15/2022 Homelessness is a national issue that cannot be effectively addressed locally without collaboration and partnerships across the region, including all cities and the County. While addressing homelessness in Santa Ana, staff look at ways to partner, collaborate, and align goals and strategies with federal, state, and local policies, priorities, and actions. As one of the 13 Big Cities in California, Santa Ana receives a direct allocation from the State of California along with the County of Orange and the City of Anaheim. City of Santa Ana staff have worked closely with both the City of Anaheim and the County of Orange for many years. Coordination on funding opportunities, services and programs is on -going. While each entity is responsible for their own jurisdictions, it is agreed that a regional approach to homelessness in delivering services, housing and programs is necessary. In preparation of the HHAP3 application, these entities met to discuss community goals and to conceptualize priorities. Later in the HHAP3 application process, Cal Optima joined as a new partner. Cal Optima is looking at a new stream of funding to be used partially for street medicine. The street medicine program would provide preventative primary and urgent care on the streets. Santa Ana is eagerly awaiting to have Cal Optima work alongside our street outreach and engagement team. The City is also interested in partnering with Cal Optima for needed services related to Special Purpose Housing Vouchers. Non-profit homeless service organizations are often times funded by multiple cities. Each of these non-profit organizations are tied to the Coordinated Entry System (CES); and are required to participate in the Homeless Information Management System (HMIS.) City of Santa Ana staff serve on the Board of the Continuum of Care (CoC) and participate in a number of regional meetings, which include the Central Service Planning Area (SPA), the Homeless Provider Forum, and Commission to End Homelessness and United to End Homelessness. Meetings are usually well -attended by stakeholders, including homeless service providers, community and faith -based organizations, public health and healthcare providers, employment organizations, advocate groups and homeless and formerly homeless individuals. Santa Ana staff participate in Housing Placement Match meetings that allow housing providers to share housing opportunities for homeless households who are eligible based on an assessment and the community prioritization plan. County meetings are facilitated by 2-1-1 Orange County and staff in attendance include those referral agencies who have assessed an applicant. In addition, the City of Santa Ana holds its own match meetings with the County to ensure that Santa Ana homeless residents are working on documents to be eligible for all housing opportunities. The Santa Ana Housing Authority coordinates directly with the CoC's and Coordinated Entry System (CES). Specifically, our Housing Authority has awarded 135 project -based vouchers that have been tied to CES in which the service provider is required to refer families from the CES list for each project -based voucher unit. In addition, the Santa Ana Housing Authority has received 231 Mainstream Program vouchers that were administered for individuals on the CES list and 46 Foster Youth to Independence City Council 9 — 31 11/15/2022 Vouchers. Coordination also includes the Veterans Affairs Supportive Housing (VASH) Program of which 280 VASH vouchers are tied to the Veteran CES list. Each tenant - based voucher and project -based voucher administered by the Santa Ana Housing Authority for a homeless individual or family (including VASH-eligible homeless veterans) is administered in coordination with CES. As an entitlement jurisdiction through the Department of Housing and Urban Development (HUD), Santa Ana receives a direct allocation for Emergency Solutions Grant (ESG) funding for homeless services. All funded organizations receiving ESG and ESG-Covid funding by the City are required to participate in the Homeless Management Information System (HMIS) as well as the Coordinated Entry System. Santa Ana, along with other entitlement jurisdictions in the County, created an ESG Collaborative several years ago to coordinate ESG funding among various non -profits in the area and to share valuable information. While Santa Ana has developed strong approaches to end homelessness, we must also address those who slip through the cracks and become homeless for the first time. Turning off the faucet to homelessness is essential. This work will require collaboration at all levels of government between multiple systems: housing, health care, criminal justice, child welfare, education, domestic violence, immigration, labor, and others. We must work together to create systems to intervene and keep individuals housed. We must provide needed services and ensure that homelessness is unrewarded and rare. It is this integrated service plan that will be most effective in addressing homelessness. Santa Ana has partnered with the United Way on a regional landlord incentive program to address one of the most significant barriers facing our homeless voucher holders: finding and leasing a unit. The landlord incentive program provided deposits for damage claims, unit holding fees, and other landlord incentives for 25 emancipated foster youth through the Foster Youth to Independence Program and 50 homeless individuals through the Mainstream Voucher Program. The City of Santa Ana is excited about the future partnership with the County's new Be Well OC program. In January 2021, Be Well OC unveiled its first mental health and wellness campus located in the City of Orange, just north of Santa Ana. The 60,000 square feet, state of the art facility provides mental health, crisis stabilization and City Council 9 — 32 11/15/2022 substance use disorder to all County residents who are referred for care. This is the first of three planned campuses in Orange County. Be Well brings together a robust, community -based, cross -sector strategy -public, private, academic, faith -based and others- to create a community -wide coordinated ecosystem to support optimal mental health. The County acts as the Managed Care Specialty Provider for Serious Mental Illness, Serious Emotional Disturbances and Substance use Disorder. The City is also looking forward to working with our newest partner, Cal Optima and learning more about their new stream of funding to develop a street medicine program. The street medicine program will provide preventative primary and urgent care on the streets of Santa Ana and will enhance our current street outreach and engagement program. The Santa Ana Family Justice Center (SAFJC) is located at the Santa Ana Police Department. The SAFJC establishes partnerships between the Santa Ana Police Department and 17 social services organizations to provide a "one stop shop" where survivors of domestic violence, sexual assault, child abuse, human trafficking and elder abuse can receive the assistance and support they need. 4GIRLS Casa De La Familia Community Legal Aid SoCal Crime Survivors Eli Home for Abused Children Families Forward Get Safe Interval House Human Options Illumination Foundation County of Orange Social Services Agency - CalWorks - Adult Protective Services - Children and Family Services Mexican Consulate New Star FJC Orange County Department of Child Support Services Protect Youth Way Makers Women's Transitional Living Center (WTLC) WISEPlace Youth Shelter 211 OC Over the past two decades, research on effective models —including Housing First, Trauma -informed care, medical respite and peer -driven services has begun to build an evidence base for what works. We know that when people have access to stable housing along with the treatment and services they need and want, homelessness can be vastly reduced. Housing is often said to be, health care. City Council 9 — 33 11/15/2022 For this reason, the City places a great deal of energy around the implementation of housing programs. Santa Ana participated in the discussions which ultimately led to the Association of California Cities — Orange County (ACC-OC) taking the lead at coordinating a regional approach to homelessness. They lobbied the state legislature in April of 2018 for a regional housing body to help fund 2,700 permanent supportive housing units for homeless people. As a result, the Orange County Housing Finance Trust (OCHFT) was formed in 2019 as a joint powers authority between the County of Orange and the cities throughout the County. The OCHFT was created for the purpose of funding housing specifically for the homeless population and families of extremely low, very low, and low incomes within the County of Orange. The Orange County Housing Finance Trust, County, and Cities share a common goal of creating 2,700 permanent supportive housing units by June 30, 2025. The housing trust speaks to the collaboration throughout the County of Orange. To date, 684 units have been completed, 961 units are in the process of funding and 992 units are under construction County -wide. The City of Santa Ana alone has either completed or is in the process of completing 434 of these units. A description of how the City will make progress in preventing exits to homelessness from institutional settings, including plans to leverage funding from mainstream systems for evidence - based housing and housing -based solutions to homelessness. _ Note: Such mainstream systems could include: • Physical and behavioral health care systems and managed care plan organizations • Public health system • Criminal legal system and system for supporting re-entry from incarceration • Affordable housing funders and providers • Income support programs • Education system • Workforce and employment systems • Other social services and human services systems • Child welfare systems OUTREACH & ENGAGEMENT The City's new seven day a week Pilot Program, Santa Ana Multi -Disciplinary Homeless Response Team (SMART) provides a team of specially trained staff to respond to and engage with individuals experiencing homelessness in the City. This program, contracted by the City with a non-profit organization, is changing the landscape of services on the streets of Santa Ana. Developing and retaining current partnerships will assist in creating procedures that may prevent exits to homelessness from institutional settings. One particular area to City Council 9 — 34 11/15/2022 address may be with the local jails, who release inmates in the early morning hours without a plan for transportation or housing. Outreach and engagement teams are in the field seven days a week to address individuals in need, which may include individuals that have exited from an institutional setting. The City's One -Stop Center, workforce development, assists individuals with both employment and education resources. Services at this Center support individuals in becoming independent from government programs. Santa Ana also has a long history of working closely with the Santa Ana Unified School District. Together, we leverage funds to assist a number of families in need by providing shelter and needed services. Race of Individuals Contacted by Outreach Services In 2021 (excludes SAPD contacts) 1082 6523 112 35 ■ Hispanic/Latino 790 ■ Non-Hispanic/Non-Latino ■ Black or Afrincan American Asian ■ American Indian or Alaska Native ■ Native Hawaiian or Other Pacific Islander ■ White 595 ■ Multiple Races Lastly, Santa Ana works separately with the CoC on a Santa Ana By -Name list to ensure that Santa Ana individuals are not lost in the shuffle. Meetings are facilitated by 2-1-1 Orange County and staff in attendance include those who have assessed an applicant such as staff with mobile outreach and shelter operators. The City of Santa works closely with funded housing providers to ensure that applicants matched to housing are matched and to ensure a warm hand off can be offered. Goal 3: Reduce the number of Santa Ana's unsheltered homeless and those returning to homelessness. City Council 9 — 35 11/15/2022 Plan: Prioritized the use of HHAP funds to assist people experiencing literal homelessness move into safe, stable housing, which includes street outreach services and access to the newly built Navigation Center. VOUCHERS & RESOURCES The City of Santa Ana Housing Authority currently utilizes 647 Special Purpose Vouchers for individuals experiencing homelessness. Last year, the Housing Authority and Homeless Services partnered to provide Foster Youth to Independence Vouchers leveraged with State HEAP funds to provide landlord incentives, furniture and other funds to help jumpstart the lives of foster youth. In addition to Housing Vouchers, the City has 434 units of permanent supportive housing units either completed or are in the pipeline. The City of Santa Ana also participates in the Orange County Housing Finance Trust, which is on target to provide 2,700 new supportive housing units across Orange County in the next few years. The City is the proud home of several Permanent Support Housing developments. Homeless Services works closely with the Housing Department to create housing -based solutions to homelessness. The City's SAVES (Eviction Prevention Program) funded by HUD has assisted numerous household remain housed instead of exiting to homelessness. All of these items are examples of how the City leverages a variety of funds to increase housing opportunities and to reduce the number of individuals who enter homelessness. Santa Ana has prioritized the use of HHAP funds to assist people experiencing literal homelessness move into safe, stable housing, which includes street outreach services and access to the newly built Navigation Center. At the Navigation Center, guests will be able to access a variety of services to achieve improved health. While it is not mandatory to use the treatment or services offered, there are an array of expanded services that guest can take advantage of. Services include substance abuse treatment, mental and physical wellness, a good night's sleep and nourishing meals that will deliver the best opportunity for success. Navigation Center guests will be connected to the Santa Ana WORK Center and other workforce programs to offer job seeker resources, workforce career planning, supportive services, basic skills assessments, vocation readiness and job search assistance. Satellite programs will be offered at the Navigation Center and/or a shuttle to the WORK Center. A new funding stream from Cal Optima will increase the number of enrollments into Medi-Cal. Another goal is to ensure that programs are integrated with the existing coordinated entry system. These goals will help in the overall goal of preventing or assisting those who become homeless. City Council 9 — 36 11/15/2022 The City will work to create partnerships with culturally specific service providers for the purpose of arriving at strategies to end homelessness. Other improvements that the City will take to remove barriers will include: a) the creation of on -site workforce development services at the Navigation Center and creation of a job program in the commercial kitchen at the Navigation Center. These programs will help those individuals who are uncomfortable or incapable of going to an off -site facility. Workforce staff speak various languages be accommodate individuals in need; b) the creation of literature in more than one language and c) offer cultural/religious meal choices at the Navigation Center. The HMIS system, overseen by the County is only as good as the data that is input. The City will ensure that all recipients of City homeless services funding participate in this system. The City is interested in predictive analysis and looking at what prevention/prediction data tools could be designed to identify who may fall out of housing and/or who may need extra help. Santa Ana will continue to build regional coordination and a unified regional response to reduce and end homelessness. Decisions will follow a best -practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. As identified in the funding table, the City of Santa Ana utilizes a variety of funding from various sources pooled together to provide housing, and homeless services. tt City Council 9 — 37 11/15/2022 The City's HUD Annual Action Plan and Consolidated Plan address how federal funds awarded to the City are utilized on an annual basis. The City's General Plan and Housing Element sets forth the City's long-range planning policies that reflect the aspirations and values of residents, land owners, businesses, and organizations within the community. The City of Santa Ana will continue to participate in the County run Point in Time count. The City provides Police Officers and staff to participate in the event and maps of the City showing common homeless locations. Unsheltered individuals living outside or in places not fit for human habitation are some of the most vulnerable in the community. Recognizing the importance of moving people into shelter and off the streets, the City plans to invests heavily into street outreach and engagement, the newly built Navigation Center and into permanent supportive housing sites for individuals experiencing homelessness. Number of People Experiencing Homelessness in Santa Ana Based on the 2022 PIT Count TOTAL SHELTERED UNSHELTERED City Council 9 — 38 11/15/2022 The County of Orange oversees the Coordinated Entry System. The City of Santa Ana will continue to participate in this system, and various sub -committees, including the Coordinated Entry System preferences as it relates to shelter and housing. Typically, individuals with the most urgent and severe needs on the CES list are prioritized for the next housing opportunity. Some individuals remain on the CES list far too long due in part to being unable to secure permanent housing due to specific barriers to housing that have yet to be resolved. This may include criminal and eviction histories and sex offender registrants. A diverse portfolio of housing options should be cultivated over time in an effort to match units to those within the CES queue and to look more closely at specific need groups, including youth needs. Supportive Housing is a program that Santa Ana has embraced. It is an affordable rental housing option to provide stability for vulnerable people in need who do not have a home or are leaving institutions or hospitals. It is linked to intensive case management and voluntary life -improving services like health care, workforce development and child welfare. Following on the heels of the City's Foster Youth to Independence program, the City is looking at new options for use of the HHAP youth set -aside funding. Since 1998 the County of Orange has coordinated a comprehensive regional Continuum of Care (CoC) strategy that includes the participation of all thirty-four cities in Orange County, County Agencies, the County's homeless service providers, and other community groups to identify the gaps and unmet needs of the County's homeless. Orange County's coordinated entry system accounts for the diverse needs of people experiencing homelessness, responds to those needs with permanent housing solutions, and incorporates various housing, healthcare, and employment systems. The Orange County CoC has one Coordinated Entry System (CES) covering the entire CoC geographic area. The CES has three main components to target the unique needs City Council 9 — 39 11/15/2022 of these subpopulations — Individuals, Families and Veterans — and increasing access to available housing and supportive services. To ensure full coverage of the COC's geographic area, the CoC utilizes Service Planning Areas to allow for targeted services and resource allocation. The CES facilitates access to homeless individuals and families through physical access points, countywide street outreach, a virtual front door operated and a No Wrong Door approach among providers. The street outreach includes local law enforcement agencies, behavioral health teams and community- and faith based organizations. The behavioral health teams provide a linkage to individuals with mental health and substance use resources that may not typically access homeless services and connects them to CES. Santa Ana actively coordinates with the Orange County Continuum of Care's Coordinated Entry System. Specifically, staff serves on the Board of the Continuum of Care (CoC) and attends CoC Committee meetings. The City requires that all tenant -based and project - based vouchers provided by the Santa Ana Housing Authority be tied to the CoC Coordinated Entry System. All organizations working with individuals experiencing homelessness and funded by the City of Santa Ana are required to use the CES for referrals and required to use HMIS. This currently includes our SMART Outreach and Engagement teams and the Santa Ana Police Department. The City's Interim shelters are integrated into CES and all individuals assisted at these sites are assessed. Santa Ana Housing Authority has awarded 152 project -based vouchers that have been tied to CES in which the service provider is required to refer families off of the CES list for each project -based voucher units. In addition, our Housing Authority received 231 Mainstream Program vouchers that were administered for individuals on the CES list, 46 Foster Youth to Independence Vouchers and 89 Emergency Housing Vouchers. This coordination also includes the Veterans Affairs Supportive Housing (VASH) Program. Our Housing Authority has 280 VASH vouchers that are tied to the Veteran CES list. Each tenant -based voucher and project -based voucher administered by our Housing Authority for a homeless individual or family (including VASH-eligible homeless veterans) is administered in coordination with CES. As an entitlement jurisdiction through the Department of Housing and Urban Development (HUD), our City receives Emergency Solutions Grant (ESG) funding for homeless services. For these funds, the City requires referrals to these activities to come through CES. All funded organizations receiving ESG funding by the City are required to participate in the Homeless Management Information System (HMIS). This includes the City's Interim Homeless shelter, the Link, which is integrated into the CoC's CES. This same requirement will be in place for the City's new year-round Homeless Navigation Center. Emergency Shelter Santa Ana's newly opened Navigation Center operates 24 hours a day, seven days a week. It provides 200 beds for men, women, couples and families, a commercial City Council 9 — 40 11/15/2022 kitchen, and an outdoor area for participants and their pets. Services will include case management, mental health and medical services, and a robust package of supportive services. Staff will work with guests to address underlying issues in an effort to gain stability and work towards housing. Goal 4: Engage and inform the community regarding homelessness and homeless solutions. Plan: Organize a focus group to engage with a diverse sector of the community. To seek input on addressing homelessness, the Homeless Services Division will organize a focus group to engage with a diverse sector of the community. Staff will engage with organizations, including those who work closely inside the local jails in hopes that their input will help to broaden the base of involvement. Discussions at these meetings will also provide an opportunity for community members to become more educated around homelessness. The outcome of this focus group will be shared with the City Council and the internal Homeless Inter -departmental team which helps to align City practices with homeless actions. Goal 5: Close the gap of racial, ethnic and gender disparities in homeless services Plan: The City will continue to ensure that access to City funded programs are open and available to all. The City collaborated with CA Real this past year on the development of goals and commitments towards centering racial equity and lived expertise in our homelessness system. We will continue to look through this equity lens in service delivery. In addition, we will continue to assess, learn and implement programs as needed. The City has contracted with 211 Orange County to track demographic and service information on homeless clients served by the City of Santa Ana. With this information, customizable reports can be created to review data associated with racial and ethnic groups to determine if there are overrepresented residents experiencing homelessness and to ensure all individuals have equitable access to housing and services. The City of Santa Ana assists individuals experiencing homelessness regardless of race, ethnicity, gender or gender identity. All individuals who are in need of assistance City Council 9 — 41 11/15/2022 are offered services. In the upcoming fiscal year, the City of Santa will review a variety of data provide by 211 OC data to determine who is experiencing homelessness, being placed in housing, and retaining housing. The City will hold a focus group to create new, meaningful opportunities for people who have experience homelessness so that they have a voice in designing policies and programs and to help in devising solutions from first hand experiences. In addition, system level changes that may affect service, delivery or access to housing will be reviewed. In order to address barriers that could drive people from home to the streets, the City will continue to ensure that access to City funded programs are open and available to all. Racial equity training will be offered to frontline staff and service delivery specialists. The City will have continuous process improvement strategies to ensure community - wide accountability, transparency and achievement of goals using a racial equity lens. Strategies will be scaled up to prevent racial disparities in homelessness. It is important to note that federal fair housing laws prohibit discrimination based on race, color, religion, national origin, sex/gender, handicap/disability, and familial status. Specific federal legislation and court rulings include: • The Civil Rights Act of 1866 — covers only race and was the first legislation of its kind. • The Federal Fair Housing Act 1968 — covers refusal to rent, sell, or finance. • The Fair Housing Amendment Act of 1988 — added the protected classes of handicap and familial status. • The Americans with Disabilities Act (ADA) — covers public accommodations in both businesses and in multi -family housing developments. • Shelly v. Kramer 1948 — made it unconstitutional to use deed restrictions to exclude individuals from housing. • Jones v. Mayer 1968 — made restrictive covenants illegal and unenforceable. California state fair housing laws protect the same classes as the federal laws with the addition of marital status, ancestry, source of income, sexual orientation, and arbitrary discrimination. Specific State legislation and regulations include: Unruh Civil Rights Act — extends to businesses and covers age and arbitrary discrimination. • California Fair Employment and Housing Act (Rumford Act) — covers the area of employment and housing, with the exception of single-family houses with no more than one roomer/boarder. • California Civil Code Section 53 — takes measures against restrictive covenants. City Council 9 — 42 11/15/2022 • Department of Real Estate Commissioner's Regulations 2780-2782 — defines disciplinary actions for discrimination, prohibits panic selling and affirms the broker's duty to supervise. • Business and Professions Code — covers people who hold licenses, including real estate agents, brokers, and loan officers. All residents in the City of Santa Ana have access to information about fair housing enforcement, outreach capacity, and resources available to them. One of these organizations is Community Legal Aid SoCal that serves low-income residents of Orange County and Southeast Los Angeles County. Overall, community legal aid provides direct representation, as well as engages in policy advocacy and impact litigation. The advocates in the housing program provide legal assistance across a broad range of fair housing issues, including "eviction, federally or otherwise publicly subsidized housing, substandard housing, landlord/tenant issues, homeownership issues, homeowners association issues mobile homes, housing discrimination, and predatory lending practices." Local Trend According to the 2015-2019 ACS, approximately 77% of the Santa Ana population identifies as being Hispanic or Latino. In comparison, only 34.1 % of Orange County residents identify the same. The City has a smaller population of white, non -mixed heritage, residents compared to neighboring jurisdictions. Dissimilarity indices between non-White and White groups indicate that the City has also stayed relatively the same in regards to segregation since 1990. Segregation between Black, White and Hispanic communities has decreased, while segregation between Asian/Pacific Islander communities and White communities has increased. City Council 9 — 43 11/15/2022 I ry Net i Y T�It C i ' h the City o{ lr d mmur�ty Ou�c ea ay high{ e� �af\d CO nd cem t a pra co � er{or tier as 5 Pr {ess\oo ke�sa\w cno. gy team. 50par o{ a offi � �s City Council 9 — 45 11/15/2022 Public Works Agency _ www.santa-ana.org/departments/public-works/ Item # 10 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Amendment to Equipment Rentals Blanket Order Contracts AGENDA TITLE: Approve an Amendment to the Blanket Order Contracts for Equipment Rentals by $198,000 Annually and Add Herc Rentals to the List of Approved Vendors on Contract (Specification No. 22-045) (General Fund) RECOMMENDED ACTION Authorize an amendment to the blanket order contracts for equipment rentals to increase the annual aggregate amount by $198,000, for a revised amount of $278,000 for the remainder of the current one-year term expiring April 19, 2023, with four one- year renewal periods, and add Herc Rentals to the list of approved vendors on contract for equipment rentals, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's water and sanitary sewer systems and associated facilities, while the Parks Division is responsible for the maintenance and repair of the City parks and trails. Overall, the Public Works Agency relies on rental services to provide the necessary equipment to assist with operations and special projects. The Santa Ana Police Department uses rental services to assist the Police Department's Cannabis Enforcement team for various cases, as needed. On April 19, 2022, the City Council awarded contracts to Sunbelt Rentals and United Rentals for equipment rentals. With an increase in projects at City facilities, including reservoir inspections and improvements at Central Stores, the need for rental equipment has increased. Adding Herc Rentals to the list of vendors on contract ensures equipment availability and offers a comprehensive inventory of rental equipment to meet the Agency's needs. Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase against contracts from any public agency employing a competitive bid process. Omnia Partners City Council 10 — 1 11/15/2022 Amendment to Equipment Rentals Blanket Order Contracts November 15, 2022 Page 2 has awarded contract for equipment rentals to Herc Rentals (Contract No. 2019000318) and has made them available to public agencies as a result of open competitive bidding. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Additional funds in the amount of $198,000 are available for expenditure in the current Fiscal Year 2022-23. Funds in the amount of $278,000 for the revised annual aggregate amount, will be included in the proposed annual budgets for future years if the renewal options are exercised. Fiscal Accounting Fund Accounting Unit, Year Unit- Description Account Description Amount Account # Contract 1-Year Term Water Utility Water $80,000 06017640- Water Fund Production and Supply, 63001 Miscellaneous Operating Expenses PWA — Park Service $80,000 01117652- General Fund Enhancement, 62320 Maintenance & Repair Buildings 06717650- Regional PWA — SARTC $10,000 2022-23 62320 Transportation Operations, Maintenance Center & Repair Buildings 07317100- Building Building Maintenance, $10,000 62300 Maintenance Contract Services- Professional 01214010- Cannabis Police Enforcement $8,000 62300 Public Benefit Services, Contract Fund Services -Professional 07517100- Fleet EQUIP MAINT-GARAGE $10,000 62300 Maintenance OPERATION, Contract Services -Professional Total: $ 198,000 Submitted By: Nabil Saba, Executive Director of Public Works Approved By: Kristine Ridge, City Manager City Council 10 — 2 11/15/2022 Public Works Agency _ www.santa-ana.org/departments/public-works/ Item # 11 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Award Blanket Order Contract for Water Quality Testing Supplies AGENDA TITLE: Award a Blanket Order Contract to Pacific Star Corporation for Water Quality Testing Supplies, Materials, and Equipment in an Annual Amount of $130,000 (Specification No. 22-118) (Non -General Fund) RECOMMENDED ACTION Award a blanket order contract to Pacific Star Corporation for water quality testing supplies, materials, and equipment for an annual amount not to exceed $130,000, for a one-year term beginning November 15, 2022 and expiring November 14, 2023, with four one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division oversees the operation of 21 City -owned wells, seven pumping stations, 50 water quality monitoring stations, 10 storage reservoirs, and over 480 miles of water pipeline. The Water Resources Division is committed to providing safe and reliable drinking water to more than 45,000 customers and over 334,000 consumers, and conducts extensive sampling and testing to ensure the water meets all water quality standards. In 2021, staff collected 12,543 water samples at various sampling points in the water system. The City's drinking water meets all U.S. Environmental Protection Agency and State drinking water health standards. Water Quality and Water Production staff rely on the availability of water quality testing materials, supplies and equipment to ensure compliance with water quality regulations. The Notice Inviting Bids was advertised on September 9, 2022, on the City's online bid management and publication system. One bid was received, opened, and evaluated on September 29, 2022. The bid received from Pacific Star Corporation is responsive to the specification and meets the City's requirements. City Council 11 — 1 11/15/2022 Award Blanket Order Contract for Water Quality Testing Supplies November 15, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $100,000 are available in Water Production & Supply, Miscellaneous Operating Expenses (Account No. 06017640-63001) and Water Quality, Miscellaneous Operating Expenses (Account No. 06017644-63001) and funds in the amount of $30,000 will be budgeted during upcoming fiscal year. Funds for renewal options will be budgeted in future fiscal years, if the renewal option is exercised. The table below summarizes the funding. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description Water Production & 06017640-63001 Water Supply, Miscellaneous $50,000 2022-23 Operating Expenses (Nov- Water Quality, June) 06017644-63001 Water Miscellaneous $50,000 Operating Expenses Water Production & 06017640-63001 Water Supply, Miscellaneous $15,000 2023-24 Operating Expenses (July -Nov) Water Quality, 06017644-63001 Water Miscellaneous $15,000 Operating Expenses Total Amount: $130,000 Submitted By: Nabil Saba, Executive Director of Public Works Approved By: Kristine Ridge, City Manager City Council 11 — 2 11/15/2022 Public Works Agency _ www.santa-ana.org/departments/public-works/ Item # 12 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street AGENDA TITLE: Approve Appropriation Adjustments Recognizing Measure M2 Local Fairshare and Senate Bill and Grant Funds and Award a Construction Contract to Hardy & Harper, Inc., in the amount of $3,400,000 for the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street Project with an Estimated Project Delivery Cost of $4,250,000 (Project No. 23-6997) (Non -General Fund) RECOMMENDED ACTION Approve an appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account, and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State Grants -Indirect revenue account, and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Authorize the City Manager to reject the bid submitted by Klassic Engineering & Construction as non -responsive and award a construction contract to Hardy & Harper, Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $3,400,000, for construction of the Santa Clara Avenue Bike Lane and Pedestrian Improvements, for the term beginning November 15, 2022 and ending upon project completion, subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,250,000, which includes $3,400,000 for the construction contract, $510,000 for City Council 12 — 1 11/15/2022 Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street November 15, 2022 Page 2 contract administration, inspection and testing, and $340,000 project contingency for unanticipated or unforeseen work. 5. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $581,000 in construction funding from the Measure M2 Local Fairshare funds, and $3,243,000 in construction funding from Senate Bill 1, SCCP grant funds for the Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena Street. DISCUSSION Currently, a portion of this segment of roadway on Santa Clara Avenue between Lincoln Avenue and Pasadena streets (Exhibit 1) has no sidewalk, bikeway, or pedestrian crossings. The lack of cyclist and pedestrian facilities encourages unsafe practices by requiring users to walk or bike along an uneven and narrow dirt path, or on the street with vehicular traffic where visibility may be limited by parking lanes. Improvements along this segment include adding Class II buffered bike lanes, addressing drainage issues, and installing a new sidewalk and intersection for pedestrian crossing, signing, and striping. Once complete, the newly constructed bike lane and sidewalk will enhance bicyclist and pedestrian safety, provide access and connections to schools, parks, commercial centers, and residential centers, and encourage more walking and cycling by the community. Public Outreach and Contractor Participation As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 22 and August 29, of 2022. The project was also advertised in PlanetBids from August 22, 2022 through September 13, 2022. Bids were received electronically via PlanetBids on September 13, 2022. To provide an opportunity for local vendors to submit bids, the City notified a total of 63 regional vendors via PlanetBids, many of which are Santa Ana based. A total of five bids were received; however, no bids were received from any Santa Ana contractors. City Council 12 — 2 11/15/2022 Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street November 15, 2022 Page 3 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Hardy & Harper, Inc. Lake Forest $3,400,000.00 2 California Professional La Puente $3,493,605.40 Engineering, Inc. 3 Nationwide Contracting Fountain Valley $3,908,656.50 Services, Inc. 4 Excel Paving Co. Long Beach $4,288,758.00 NR Klassic Engineering & Orange Non -Responsive Construction A total of five bids were received. Four bids were responsive, and one bid was deemed non -responsive. Hardy & Harper, Inc. submitted the lowest responsive base bid in the amount of $3,400,000.00 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the circumstances outlined above and a contractor's reference check, staff recommends awarding the construction contract to Hardy & Harper, Inc., in the amount of the base bid totaling $3,400,000.00 (Exhibit 3). Hardy & Harper, Inc. has performed the following work in the City of Santa Ana within the past 5 years: Pedestrian Improvements on Santa Ana Boulevard (Project No. 17-6888), Thornton Park Parking Lot Improvements (Project No. 18-7530), and Local Street Preventative Maintenance (Project No. 21-6907). Proiect Delive To deliver a complete project, 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 the following: construction management; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4, 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $4,250,000. Project Item Total Construction Contract $3,400,000 Construction Administration, Inspection, Testing $510,000 Contingencies $340,000 TOTAL CONSTRUCTION DELIVERY COST $4,250,000 City Council 12 — 3 11/15/2022 Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street November 15, 2022 Page 4 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-16 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $4,250,000, which includes construction, contract administration, inspection, testing, and an authorized contingency. With the approval of the appropriation adjustments, the total funding needed to deliver the project will be available for expenditure. 1. Appropriation adjustment to recognize $581,000 in prior year fund balance in the Measure M2 Local Fairshare, Prior Year Carry Forward revenue account (No. 03217002-50001), and appropriating the same amount to the Measure M2 Local Fairshare, Improvements Other Than Building expense account (No. 03217662-66220). 2. Appropriation adjustment to recognize $3,243,000 in Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the Select Street Construction, State Grants -Indirect revenue account (No. 05917002-52027), and appropriating the same amount to the Select Street Construction, Improvements Other Than Building expense account (No. 05917660-66220). The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Accounting Unit - Fiscal Account Fund Accounting Unit - Account Amount Year No. Description No. Description (Project No. Appropriation Adjustments 2022- 03217662- Measure M Measure M2 Local 23 66220 Street Fairshare, Improvements Other $581,000 Construction Than Building 05917660- Select Select Street Construction, 22-23 66220 Street Improvements Other Than $3,243,000 Construction Building Total $3,824,000 Existing Project Budget City Council 12 — 4 11/15/2022 Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street November 15, 2022 Page 5 2022- �03217662- 23 66220 Measure M Measure M2 Street Improvements Construction Buildina Local Fairshare, Other Than $426,000 Total 1 $4,250,000 1 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Worksheet Submitted By: Nabil Saba, Executive Director of Public Works Approved By: Kristine Ridge, City Manager City Council 12 — 5 11/15/2022 ,, I��1}ARE-r'- #s , r I. 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M1FM1 � �i-� a ��� +.J � ��'{•f N r � �' II � � f +1 � ! � ! � � . .i 00 SAWA CLARA AVE { ,, Ell� . 10 {13'rxh"r'I`',InL,,C!,I'.,...�-- All ` FA I R H A I _ �r � E 9LJHala',1or .l ,= t �'�' �- � •�'�' a. *r�:,. � w y i� 7 � _ `4 Js: y*.I µ � I �� i � '�. • {t {�-�y r '.k' .: '� •�� r-�"'- y�' Ira � I ' _ ;'y - _ - s 1a f�l I'rr'rE ifs -. �I 'rtl'nItCS!z � r� �- - ., � r w,. � � r :.-a _-I,'.rr- _ 4 Del � ry �rr�Cth3dl5t 4 I• �-± y'-•���.- - I !' f `. + ��.'� �r .�,�, T � �4 r to t-41 .,i! .,,...5;' D i '"i�L'sLr 0 �T raw Y� I a5�' i + ' r- �' _ -.- -j ° U aial nT kva S -"� L - 4 �i - I _ i��. r';,rTl Jla'a"r` �4IEREDITH - - •. ' F +L:' In5d LLn ll r - - PARFCW00D� 'a PORTOLA PARK„ ' 4— a LrT[- ' I�fl.lY.rIeAI +.� •'� Ion Y -.yFY - I' I ,4 ' .l �,ri {� '•'4'' J i �"" lu'F2-�t-'' - stioS#li r ;'�'r�_- t.i=z+r�.'�• I r- 825 fee AIM` - �' W ADDENDUM NO. 1 CITY OF SANTA ANA PROJECT NO.23-6997 PROPOSAL PROJECT NO.: 23-6997 SANTA CLARA AVE BIKE LANE AND PEDESTRIAN IMPROVEMENTS FROM LINCOLN AVENUE TO PASADENA STREET BID PROPOSAL T0: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hard & Harper, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation 2,160 CY $ $ ti n Lpu 2 Asphalt Concrete 1,170 TN S $ —� .04 O 3 Cold Mill (2") 7.000 SF S $ 3I" 2t coo 4 Asphalt Rubber Hot Mix 300 TN $ $ (ARHM) _ �1 5 Rubberized Emulsion 300 TN $ $ Aggregate Slurry (REAS) v TYPE II O ` j , 6 Crack Sealing I LS $ $ cl° 170. 00 7 PCC Sidewalk (T= 4") 25,400 SF S $ I .oa q 8 PCC Driveway Approach 2,400 SF S $ (T= 8") 1 -po 50 9 PCC Curb Ramp 5,700 SF S $ C GO 10 PCC Curb and Gutter 3,500 [ F S $ (Type A-2-6) PCC Curb (B-1) 130 L.1= S $ "Jr DO 12 Cross -Gutter (T=9") 4,400 SF $ $ llrD-111) 11 10 1 13 Root Shave/Stump 10 EA $ $ Removal* City Council ` o — 7 11/15/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6997 SANTA CLARA AVE BIKE LANE AND PEDESTRIAN IMPROVEMENTS FROM LINCOLN AVENUE TO PASADENA STREET Item Description Qty Unit Unit Price Amount 14 Adjust Water Valve 9 EA $ $ Frame and Cover 4 oa 15 Furnish and Install New 6 EA $ $ Water Meter Frame and Cover 16 Adjust Manhole Frame 7 EA $ $ and Cover _ cc 0 Cpn 17 Adjust 46 Pullbox 20 EA $ $ I 1 �017,110 18 Parkway Culvert (Type 2 EA $ $ A) 19 Catch Basin Inlet 2 EA $ $ Reconstruction (Top Slab/RCP Pipe/Concrete Collar) Cx3 20 Signing and Striping I LS $ $ 21 Traffic Signal Installation I LS $ $ at Santa Clara Ave & Wright St 22 Traffic Signal 2 LS $ $ Modification at Grand Ave and Santa Clara Ave 23 Traffic Signal I LS $ $ Modification at Tustin o" Ave and Santa Clara Ave 24 install Video Detection I LS $ $ System at Santa Clara � 4 Ave & Wri ht St 25 Install Video Detection I LS $ $ System at Grand Ave and ��(( 4o 000 W4o,00n Santa Clara Ave 26 Install GTT Opitcom EVP I LS $ $ System at Santa Clara Ave & Wright St _ 0000� _ o 27 Install 1.5" PVC Conduit 80 LF $ $ per plan pn 0 28 Install 2" PVC Conduit 50 LF $ $ per plan po 29 Install 3" PVC Conduit 1500 LF $ $ per plan LAI.20 30 Install 4" PVC Conduit 30 LF $ $ per plan l 30 .Oo 45 S;b mb )o Do cc 00 CE 00 City Council P-2 of P 1J — 8 11 /15/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6997 SANTA CLARA AVE BIKE LANE AND PEDESTRIAN IMPROVEMENTS FROM LINCOLN AVENUE TO PASADENA STREET Item Description Qty Unit Unit Price Amount 31 install No. 5 Pull Box 1 EA $ S Ca L O 32 Install No. 6 Pull Box 30 EA S S Oo O� 33 Install No. 6E Pull Box 4 EA S Sp �� MD D 34 Install CCTV & IP I LS $ $ Communication System at Santa Clara Ave & Wright 20 00020,000 St 35 Install IP Communication 1 LS S $ System at Grand Ave and I D Do °° n Santa Clara Ave 36 Install 12 Strand SMFO 200 LF S $ Cable �� 0 37 Install 120 Strand SMFO 1800 LF $ $ Cable q C 38 Fusion Splice I Strand 48 EA S $ SMFO po 39 Instal I Fiber Optic Splice 2 EA S $ Enclosure '2 D00 00 000.0 40 Pothole Traffic Signal Pole 8 EA $ $ Location for Utility Conflicts 41 Vegetated Swale 1,200 SF S $ 1 42 Project Advertisement Sign I LS $ $ oo 000 43 Adjust Fire Hydrant 9 EA $ $ 4 QQQ 1 44 Adjust Survey Bench Mark I EA $ $ A. 0 o0 45 Construction Permit 1 LS $6,820 $6,820 46 As -Built I LS $10.000 $10,000 47 SWPPP (Risk Level 42) 1 LS $ $ 0 0.6° o0 M City Council P-3 of P-H — 9 11 /15/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6997 SANTA CLARA AVE BIKE LANE AND PEDESTRIAN IMPROVEMENTS FROM LINCOLN AVENUE TO PASADENA STREET TOTAL BASE BID $ 3 ,400, 00D. ao The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 80 (Eighty)_working days after the commencement date stated in the Notice to Proceed. The liquidated damages arnount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $5000 per calendar day. J Name of Firm Hardy & Hai Signature of BIDDER Title Michael Murray, Vice (if an individual, so state. If a fir or co-r all individual co-partners composing the fi and names of President, Secretary, Treasu4 Wship, state the firm name and give the names of If a corporation, state legal name of corporation, and Manager, thereof.) City Council P-4 of P-11�2 — 10 11/15/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 23-6997 SANTA CLARA AVE BIKE LANE AND PEDESTRIAN IMPROVEMENTS FROM LINCOLN AVE TO PASADENA ST This CONSTRUCTION CONTRACT is made and entered into this 15th day of November, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Hardy & Harper, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Million Four Hundred Thousand Dollars and No Cents ($3,400,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev.09101/2017 Page 1 of 3 &nbsp; City Council' &nbsp;12 &ndash;&nbsp;11 11/15/2022 &nbsp; 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5, The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), 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 may be found on the City's website at: htt ://www.santa-ana.or / wa/documents/CWA, df 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. S. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price, 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, 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 following: (i) Performance or nonperformance of the Work of Improvement 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 Documents; Page 2 of 3 &nbsp; City Council &nbsp;12 &r 11/15/2022 &nbsp; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project 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 Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. 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 other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOHN FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Hardy & Harper, Inc. Page 3 of 3 &nbsp; City Council &nbsp;12 &r 11/15/2022 &nbsp; CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6997 SANTA CLARA AVE BIKE LANE AND PEDESTRIAN IMPROVEMENTS FROM LINCOLN AVENUE TO PASADENA STREET BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hardy & Harper, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump stuns) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation 2,160 Cy $ $ 0. 2 Asphait Concrete I1170 TN S $ 3 Cold Mill (2") 71060 Sr S $ �3 n0 2t DD 4 Asphalt Rubber Hot Mix 300 TN $ $ (ARW) _ 5 Rubberized Envision 300 TN $ $ Aggregate Slurry (REAS) �j,00 '(] TYPE II O 6 Crack Sealing I LS S $ IL �o ) ace 7 PCC Sidewalk (T= 4") 25,400 SF S S 1 V � (") q 40 8 PCC Driveway Approach 2,400 SF $ $ (T=8") Op 150,4cc 9 PCC Curb Ramp 5,700 SF S $ t)o 10 PCC Curb and Gutter 3,500 LF S $ (Type A-2.6) 55,°O q I I PCC Curb (H-1) 130 LF $ $ 55 . CO 12 Cross -Gutter (T=9") 4,400 SP S $ on occ 13 Root Shave/Stump t0 EA $ $ Rctuoval* P-I of P-18 Exhibit A &nbsp; City Council &nbsp; l2 &ndash;&nbsp; l4 11/15/2022 &nbsp; Exhibit A CITY OF SANTA ANA PROPOSAL PROJECT NO.; 23-6997 SANTA CLARA AVE BIKE LANE AND PEDESTRIAN IMPROVEMENTS FROM I .INI"l}I.N AVFNI IF TO PASADF.NA STRFFT Item Descril)iion Qiy Unit Unit Price Amount 14 Adjjust Water Valve 9 EA $ $ France and Cover 00 15 Furnish and Install New 6 EA S $ Water Meter France and Cover 16 Adjust Manhole frame 7 EA $ $ and Cover 17 Adjust N6 Pullbox 20 EA S $ D40,a'To n IS Parkway Cttiverl (Type 2 EA $ $ A) 2zs 000 , 19 Catch Basin Inlet 2 EA S $ Reconstruction (Top Slab/RCI' Pipe/Concrete Collar) lb. 20 Signing and Striping I LS S $ 21 Traffic Signal Installation I LS $ $ at Santa Clara Ave k Wright St WeI)f, 22 Traffic Signal 2 LS $ $ Modification al Grand Ave and Santa Clara Ave 00 23 Traffic Signal I LS $ Modification at Tustin Ave and Santa Clara Ave 60 24 Install Video Detection I LS $ System at Santa Clara nn� 40 c" ,L —i 0 Ave &c Wright St 25 Install Video Detection I LS $ $ System at Grand Ave and 4o Sawn Clara Ave COD,` 40, DEL 26 hnstall GTT Opitcom EVP I LS $ $ System at Santa Clara Ave &e Wvi mt Si _ nn�^ (�oo c) _ �1 o 27 Install L5" PVC Conduit 80 LP S $ per plan D— -oU44oU 28 Install 2" PVC Condnit 50 LF $ $ per plan 15 00 29 Install 3" PVC Condnit t500 LF $ $ per pion o0 102, 30 Install 4" PVC Conduit 350 LF $ $ per plan 13d O° 45 P-2 of P-18 0 c� s� 30 3p au 00 )PC 00 06 C� 10 6 &nbsp; City Council &nbsp;12 &ndash;&nbsp;15 11/15/2022 &nbsp; Exhibit A CITY Or SANTA ANA PROPOSAL, PROJECT NO.: 23-6997 SANTA CLARA AVE BIKE LANE AND PEDESTRIAN IMPROVEMENT'S PROM LINCOI,N AVRNIII:TO PASADFNA STREET lien) Description Qty Unit Unit Price Amount 31 Install No. 5 Pull Box I EA $ $ kr)Lulo 32 Install No. 6 Pull Box 30 EA $ $ 2oaoo 33 Install No. 6E Pull Box 4 EA $ $ ooC�.ao S 0 34 Install CCTV & IP I LS S $ conllllllnleation Syslem at Santa Clara Ave &. Wright St 35 Install IP Comintlnication I LS $ $ System at Grand Ave and ` r� Santa Clara Ave 36 Install 12 Strand SMFO 200 LF $ $ Cattle DO p 37 Install 120 Strand SMFO 1800 LF $ $ Cattle q pd 38 Fusion Splice I Strand 48 EA $ $ SMFO 150.00 0 39 hlstall Fiber Optic Splice 2 EA $ S Enclosure 2 oo0 o0 4 000,° 40 Pothole Traffic Signal Pole 8 EA $ $ Location for Utility Conflicts i� 41 Vegetated Swale 1,200 SF $ $ 00 7 42 Prgiect Adveil isement Sign I LS $ $ C3 is .vv 5. Q 43 Adjust Fire Hydrant 9. EA $ $ -i z ,00 44 Adlusl Survey Bench Mark I EA $ $ ow .0,, 45 Construction Permit I LS $6,820 $6,820 46 As -Built 1 LS $10,000 $10,000 47 SWPPP(Risk Level42) 1 LS $ $ �o W P-3 of P- IS 0 &nbsp; City Council &nbsp;12 &ndash;&nbsp;l6 11/15/2022 &nbsp; CITY Or SANTA ANA PROPOSAL PROJECT NO.: 23-6997 SANTA CLARA AVE BIKE LANE AND PEDESTRIAN IMPROVEMENTS FROM LINCOLN AVENUE TO PASADENA STREET TOTAL BAST; BID $ 3 40(), 0DO,°p 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-ahCritate 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 3-2 of the Standard Specifications, TIME FOR COMPLETIUN_()G IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 80 (Eighty) warlcinys 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 $5000 per calendar day. Name of Firl1l Ilatdv & Hnrnrr. lnr. % / Signature of BIDDER 'title Michael Murray, Vice Presid rft (Iran individual, so state. Ifa firt all individual co-partners composing the I and names of President, Secretary, TreaSu ship, state the firm name and give the names of If a corporation, state legal name of corporation, and Manager, thereof.) P-4 of P-1 S Exhibit A &nbsp; City Council &nbsp;12 &ndash;&nbsp;17 11/15/2022 &nbsp; COST ANALYSIS CONSTRUCTION OF PROJECT NO. 23-6997: Santa Clara Avenue Bike Lane and Pedestrian Improvements from Lincoln Avenue to Pasadena St Construction Contract $ 3,400,000.00 Contract Administration, Inspection and Testing $ 510,000.00 Contingencies $ 340,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 4,250,000.00 City Council 12 — 18 11/15/2022 PROJECT TITLE: Santa Clara Avenue Bike Lane from Lincoln Ave to Tustin Ave PROJECT CATEGORY: Traffic Improvements Traffic Safety / Mobility LOCATION MAP A AGENCY: Public Works CITY OF SANTA ANA FY 22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET RO ECT DESCRIPTION: Scope of work includes adding Class 11 buffered bike lanes, installing new sidewalk, and enhancing drainage issues along this segment of roadway. IJECT NEED: amended their funding to include this construction project and enhance of and pedestrian safety. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26127 FY 27/28 FY 28/29 Construction 4,250,000 TOTAL 4,250,000 - - - - - - SOURCE OF FUNDS FY 22123 FY 23/24 FY 24125 FY 25126 FY 26127 FY 27/28 FY 28/29 M2 LOCAL FAIRSHARE 1,007,000 CA TRANSPORTATION COMM 3,243,000 - - - - - - TOTAL 4,250,000 DIVISION: CIP Engineering CONTACT: Gilbert Castillo, Senior Engineer DATE: 27-Oct-2022 City Council 12 — 19 11/15/2022 Finance and Management Services www.santa-ana.org/finance Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Fiscal Year 2022-23 First Quarter Budget Report and Proposed Appropriation Adjustments AGENDA TITLE: Fiscal Year 2022-23 First Quarter Budget Report and Proposed Appropriation Adjustments RECOMMENDED ACTION 1. Approve appropriation adjustments (requires five affirmative votes) to increase General Fund expenditures as follows: a. $40,000 for a full-time Librarian to staff the second Knowledge Mobile for the remainder of FY 2022-23; b. $35,000 for a full-time Receptionist to greet and direct visitors; c. $36,600 to print and mail election information cards for the City's November 2022 ballot measures; d. $514,764 for the purchase of bus benches, trash containers, and advertising kiosks; and e. $1,000,000 to plan for development of new public facilities in the Civic Center complex; f. $1,657,000 to move construction inspection costs from the Public Works Engineering & Project Management internal service fund to the General Fund, along with the associated fee/charge revenue of $1,420,000 for a net impact of $237,000. 2. Increase authorized full-time staff headcount from 1,342 to 1,359 to capture 11 limited -term positions funded by the Revive Santa Ana Program as approved by City Council on August 2, 2022, five additional Library positions to staff the second Knowledge Mobile and new Teen Time program, and one additional City Hall Reception position. EXECUTIVE SUMMARY This FY 2022-23 first quarter budget report focuses on the General Fund, as it is the primary operating fund of the City. There is also a discussion of notable items for other funds. This report does not include a discussion of programs and funds with no significant budget variance expected. City Council 13 — 1 11/15/2022 Fiscal Year 2022-23 First Quarter Budget Report and Proposed Appropriation Adjustments November 15, 2022 Page 2 The General Fund balance at June 30, 2022 is $16 million more than estimated during the FY 2022-23 budget process primarily due to FY 2021-22 revenue performance. Staff proposes spending adjustments totaling $3.3 million, offset by $1.4 million of revenue, for a net fiscal impact of $1.9 million. If the City Council approves the recommendations, the General Fund balance available for spending may be $19.9 million. Considering the effects of pending recession and the Cannabis tax rate reductions, staff does not recommend any further appropriations from the available $19.9 million. In addition, staff recommends preserving a spendable balance sufficient to fund the City's $13 million contribution to the forthcoming Third & Broadway project if the developer meets the December 31, 2022 deadline for closing escrow. General Fund Summary with Proposed Adjustments Original FY 2022-23 Budget Proposed First Quarter Adjustments Updated Estimate Beginning Balance at July 1, 2022 $97,462,861 $16,046,683 $113,509,544 Revenue Estimate $390,132,940 $1,420,000 $391,552,940 Appropriated Spending $(403,596,760) $(3,283,364) $(406,880,124) Pension Trust Set -Aside $ 7,748,811 $ 7,748,811 Estimated Ending Balance at June 30, 2023 $76,250,230 $14,183,319 $90,433,549 Less: 18% Reserve $70,223,929 $255,600 $70,479,529 Estimated Spendable Balance $6,026,301 $13,927,719 $19,954,020 The First Quarter budget and actual revenues and expenditures are included in Exhibits 1 and 2. The First Quarter vacancy report is included in Exhibit 3. DISCUSSION During the FY 2022-23 budget process, staff estimated the June 30, 2022 General Fund balance to be $97.5 million, which enabled the City to add $23.2 million of one-time spending to the FY 2022-23 budget. The resulting estimated June 30, 2023 General Fund balance was $76.2 million, including the 18% Reserve of $70.2 million and $6.0 million available to spend. The FY 2021-22 audit is not complete, but staff estimates that the General Fund balance at June 30, 2022 will be approximately $113.5 million after accounting for budget carryovers. This is $16 million more than originally estimated. The additional City Council 13 — 2 11/15/2022 Fiscal Year 2022-23 First Quarter Budget Report and Proposed Appropriation Adjustments November 15, 2022 Page 3 fund balance is primarily attributable to the following FY 2021-22 positive budget variances. • Additional sales tax of $3.1 million ($1.3 million of Measure X and $1.8 million of Bradley -Burns). Taxable sales defied expectations and grew 14% during FY 2021-22 with unprecedented economic activity likely boosted by federal spending. However, the most recent data shows signs that taxable sales growth is slowing down and may only grow by approximately 2.8% in FY 2022-23. • Additional residual property tax of $1.3 million allocated to the City from the Redevelopment Property Tax Trust Fund. • Additional utility user tax of $1.2 million, primarily related to increased electricity usage. • Additional business license tax of $1.7 million. When the FY 2022-23 estimates were prepared, the City had not yet received the bulk of FY 2021-22 revenue. • Additional supply-side Cannabis tax of $0.9 million and adult -use retail tax of $2.6 million as reported on October 4 with City Council adoption of the Cannabis tax reduction. • Additional parking fine revenue of $0.8 million and jail revenue of $1.4 million due to diligent management of resources. • Expenditure savings of $1.7 million from Recreation & Community Services and $1.5 million from Fire & Ambulance Services. FY 2022-23 Revenue For the most part, the FY 2022-23 budget already reflects the higher revenue amounts received during FY 2021-22. Only the notable exceptions follow: • The FY 2022-23 budget for Cannabis tax is $1.6 million less than actually received during FY 2021-22. However, with the recent reduction to the Cannabis tax rates, staff does not propose an adjustment at this time. With the Midyear budget report, staff will have more information and may be in a better position to adjust the revenue estimate. • The FY 2022-23 budget for Business License tax is $0.7 million less than actually received during FY 2021-22. However, with the ballot measure to change the tax rates, staff does not propose an adjustment at this time. The City receives most of its business license tax revenue in the spring. Therefore, the 3rd quarter budget report is most likely to include a potential adjustment to the revenue estimate. The FY 2022-23 budget for planning & building permit revenue is $5.3 million less than FY 2021-22 actualy. However, planning & building activity is very difficult to predict, and this is cost recovery revenue offset by expenditures. Therefore, staff proposes no adjustment at this time. With the Midyear budget report, staff will have more information and may be in a better position to adjust both the revenue estimate and expenditure budget related to planning & building activity. City Council 13 — 3 11/15/2022 Fiscal Year 2022-23 First Quarter Budget Report and Proposed Appropriation Adjustments November 15, 2022 Page 4 At this time, there are no recommended increases to General Fund revenue estimates. Library Staffing Additions On May 17 of this year, staff reported sufficient FY 2021-22 budget availability to purchase a second Knowledge Mobile for the Library. On September 20, the City Council approved a General Fund budget carryover of $400,000 for purchase of the vehicle. At this time, staff requests an appropriation of $40,000 and the addition of one full-time Librarian to provide staffing for the second Knowledge Mobile beginning March 1, 2023. The June 7, 2022 budget presentation included a $350,000 allocation for a new Teen Time program in response to City Council direction. Although the City added funding to the FY 2022-23 budget in time for adoption, the employee headcount was missing. Therefore, at this time, staff requests the addition of two full-time Librarians and two full- time Library Technicians to manage, implement, and lead activities for the Teen Time program beginning January 2023 at the El Salvador and Garfield community centers. The existing $350,000 budget appropriation is sufficient to pay for the four new positions. Full -Time Receptionist at Citv Hall The City currently staffs the information desk at the south entrance of the main City Hall building on a part-time basis. To improve customer service, staff requests an appropriation of $35,000 and the addition of one full-time Receptionist to greet and direct visitors, and answer questions beginning January 1, 2023. Full -Time Staff Headcount The FY 2022-23 included 1,342 full-time positions. On August 2 of this year, the City Council approved 11 additional limited term employees to support the Revive Santa Ana program. The request outlined above would add five full-time Library positions and 1 full-time City Hall Reception position. If the City Council approves the staff recommendation, the new full-time position count for FY 2022-23 will be 1,359. Exhibit 3 includes the full-time position vacancy report at September 30, 2022. Informational Post Card for November 8 Ballot Measures The City took the additional unplanned step of mailing an election information postcard to all households in the City with a registered voter. The information covered Measure X (Charter Amendments) and Measure W (Business Tax Equity and Flexible Tax Holiday). Staff recommends a budget appropriation of $36,600 to cover the cost of printing and mailing. City Council 13 — 4 11/15/2022 Fiscal Year 2022-23 First Quarter Budget Report and Proposed Appropriation Adjustments November 15, 2022 Page 5 Public Works Bus Stop Fixtures On June 21 of this year, City Council approved a purchase order for bus benches, trash containers and advertising kiosks for a total amount of $514,764. The FY 2021-22 funding was not included in the budget carryovers to FY 2022-23. Therefore, staff requests an appropriation of $514,764 so the purchase can proceed. Civic Center Development The City has begun the long-term planning process for renewal of the Civic Center, including a land swap with the county and a state allocation to expand the City's footprint within the Civic Center. At this time, staff recommends an appropriation of $1 million for professional services to plan for development of new public facilities. Construction Inspection The City has historically accounted for the design engineering and construction inspection components in an internal service fund. The fund is not solvent, as full cost recovery is not available for the staffing charged to that fund. Since spending and associated cost recovery of these components is not considered restricted, a multi -year process to discontinue use of the separate fund and transition to the General Fund is underway. Therefore, staff proposes to transfer $1.7 million of staffing costs and $1.4 million of charge revenue related to the inspection activity to the General Fund budget with a net fiscal impact of $237,000. The next phase is to transition design engineering costs to the General Fund. Process improvements and cost -benefit analysis will be necessary prior to any further changes that result in a significant General Fund impact. Other Funds Parking Enterprise On September 12, 2022, the Orange County Transportation Authority approved an allocation of up to $679,748 to backfill lost revenue while offering free parking at City - owned parking garages in Downtown Santa Ana during the OC Streetcar construction. Once City staff provides supporting documentation for actual revenue losses, the parking enterprise will receive the revenue backfill. Opioid Settlement The City recently received a $348,507 allocation from the National Opioid settlement. The settlement agreement restricts use of the money, and staff has created a new special revenue Fund 111 to account for it. The Police Department is in the process of developing a comprehensive spending plan that is compliant with allowable uses. A separate staff report with an appropriation request is forthcoming. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 13 — 5 11/15/2022 Fiscal Year 2022-23 First Quarter Budget Report and Proposed Appropriation Adjustments November 15, 2022 Page 6 FISCAL IMPACT If City Council approves the recommended budget amendments, the updated estimate of the General Fund balance at June 30, 2023 is as follows: General Fund FY 2022-23 Updated Beginning Balance at July 1, 2022 $113,509,544 Revenue Estimate $391,552,940 Appropriated Spending $(406,880,124) Pension Trust Set -Aside $(7,748,811) Estimated Ending Balance at June 30, 2023 $90,433,549 Less: 18% Reserve $70,479,529 Estimated Spendable Balance $19,954,020 Staff recommends the following appropriation adjustments: Accounting Unit Fund Accounting Unit, Fiscal Year — Account # Description Account Amount Description FY 2022-23 01111017-61000 General Fund Library — Service $40,000 Enhancement FY 2022-23 01103010-61000 General Fund City Manager, $35,000 Salaries Regular General Non- FY 2022-23 01105015-62300 General Fund Departmental, Contract Services - $36,600 Professional Bus Shelter Program -Service FY 2022-23 01117621-62300 General Fund Enhancement, $514,764 Contract Services - Professional General Non- FY 2022-23 01105015-62300 General Fund Departmental, $1,000,000 Contract Services - Professional Construction FY 2022-23 01117611-Various General Fund Engineering, $1,657,000 Various Accounts City Council 13 — 6 11/15/2022 Fiscal Year 2022-23 First Quarter Budget Report and Proposed Appropriation Adjustments November 15, 2022 Page 7 EXHIBIT(S) 1. FY 2022-23 General Fund Revenue Summary 2. FY20 22-23 General Fund Expenditure & Transfer Summary 3. September 30, 2022 Full -Time Position Vacancy Report 4. Personnel Resolution Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 13 — 7 11/15/2022 EXHIBIT 1 Revenue • &_ Sales Tax (Bradley Burns) FY 22-23 Adopted Bud !:Al�� $ 64,550,000 FY 22-23 .4U, 1st Quarter Actuals J[ '. Received 7.8% $ 5,054,465 Sales Tax (Measure X) 88,102,000 6,889,063 7.8% Property Tax / Property Tax In -Lieu of VLF 84,105,000 656,472 0.8% Hotel Visitor's Tax 8,500,000 1,744,829 20.5% Business License 15,000,000 1,318,337 8.8% Utility User's Tax 24,400,000 4,956,698 20.3% Cannabis Tax* 22,200,000 2,360,327 10.6% Jail Facility Revenue 16,521,360 1,477,047 8.9% Subtotal Top GF Revenues $ 323,378,360 $ 24,457,238 7.6% Other General Fund Revenues 66,754,580 13,309,588 19.9% Total General Fund Revenues $ 390,132,940 $ 37,766,826 9.7% *Includes Medical, Adult -Use Retail, Cultivation, Distribution, Manufacturing and Testing City Council 13 — 8 11/15/2022 EXHIBIT 2 Department City Manager Adopted Budg 2,904,040 1st Quarter 594,215 % Expended 20.5% City Council 1,029,860 147,323 14.3% Non -Departmental' 47,103,560 16,304,085 34.6% Transfers to Projects and Debt Service 35,890,490 6,763,058 18.8% Clerk of the Council 1,935,720 379,675 19.6% City Attorney's Office 3,584,860 608,344 17.0% Human Resources 3,884,170 1,018,825 26.2% Finance & Management Services 11,713,490 2,562,699 21.9% Library 6,680,310 1,386,317 20.8% City -Owned Museum Building2 2,542,320 1,406,275 55.3% Parks, Recreation & Community Services 13,574,280 2,496,521 18.4% Police Department 142,772,990 31,890,894 22.3% Fire & Emergency Medical Services3 53,956,950 16,514,179 30.6% Planning & Building 19,545,470 2,913,948 14.9% Public Works 48,533,650 5,912,531 12.2% Community Development 7,944,600 1,958,197 24.6% Total General Fund Expenditures $ 403,596,760 $ 92,857,087 23.0% ' Includes $24.3 million pension liability payment made in July 2 Includes one-time $1,025,000 reimbursement of City -owned building repairs made in July 3 Includes one month advanced payment made in July City Council 13 — 9 11/15/2022 EXHIBIT 3 As of September 30, 2022 6=LDepartment City Manager's Office Funded Positons 15 Vacancies 3 Vacancies 3 Vacancies 6 Hiring Freeze Vacancies --Vacancies 0 Tota I Funded 6 Vacancy Rate 40% City Attorney's Office 17 4 0 4 0 4 24% Clerk of the Council 7 3 0 3 0 3 43% Community Development 62 0 11 11 0 11 18% Finance & Management Services 68 6 2 8 0 8 12% Information Technology 23 0 8 8 0 8 35% Human Resources 31 1 3 4 0 4 13% Planning & Building 94 19 5 24 0 24 26% Police Department 640 63 2 65 7 58 10% Parks, Recreation & Community Services 53 7 5 12 0 12 23% Library 32 3 0 3 0 3 9% Public Works 311 12 68 80 2 78 26% Total 1353 121 107 228 9 219 17% City Council 13 — 10 11/15/2022 EXHIBIT 4 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2022- 2023 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE LIBRARY DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines, and declares as follows: A. On June 21, 2022, the City Council passed and adopted Ordinance No. NS- 3021, establishing the City's Budget for Fiscal Year 2022-2023 and authorizing position allocations for Fiscal Year 2022-2023. The Ordinance also sets forth the requirement that alterations in the allocation of authorized positions be reviewed and approved by the City Council. B. On September 20, 2022, the City Council approved an appropriation adjustment to carryover unspent amounts from Fiscal Year 2021-22 to Fiscal Year 2022-23. C. The Executive Director of the Library Department requests to amend the Fiscal Year 2022-2023 budget to add the following positions: three (3) full-time Librarians and two (2) full-time Library Technicians. D. The Executive Director of Finance & Management Services Agency requests to amend the Fiscal Year 2022-23 budget to add the following position: one (1) full-time Receptionist. E. It is now desired to amend the Fiscal Year 2022-2023 budget, as amended in order to effect this change, as shown below. Section 2: The City's Annual budget for Fiscal Year 2022-2023, as amended, is hereby further amended to add the following positions in the Library Department, at the monthly seven -step range as indicated: 7-Step Salary Rate Ranae Effective 11 /15/2022 Classification Title Number of Positions Added SSR Monthly Salary Minimum -Maximum Librarian 3 670 $5,488 - $7,355 Library Technician 2 603 $3,954 - $5,304 City Council 13 —11 W XX f 3 Section 3: The City's Annual budget for Fiscal Year 2022-2023, as amended, is hereby further amended to add the following position in the Finance & Management Services Agency, at the monthly seven -step range as indicated: 7-Step Salary Rate Ranae Effective 11 /15/2022 Classification Title Number of Positions Added SSR Monthly Salary Minimum -Maximum Receptionist 1 588 $3,676 - $4,930 Section 4: All classification salary rate ranges are set forth in the City's "Salary Schedule" as periodically updated. Section 5: That except as amended by this resolution, all other provisions of the Annual Budget for the Fiscal Year 2022-2023, as amended, shall remain in full force and effect. Section 6: This Resolution is operative from and after the date upon which it is adopted. ADOPTED this 15th day of November 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: X ain� N.� Laura A. Rossini Chief Assistant City Attorney City Council 13 — 12 f 3 W XX AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- to be the original Resolution adopted by the City Council of the City of Santa Ana on November 15, 2022 Date: Clerk of the Council City of Santa Ana City Council 13 — 13 f 3 W XX Community Development Agency santa-ana.org/cd i Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: New Vouchers and Administrative Fee Funding for the Housing Choice Voucher Program AGENDA TITLE: Approve Appropriation Adjustments recognizing Housing Assistance Payments and Administrative Funds to Administer New and Existing Vouchers (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $623,708 in revenue account (no. 14018002-52007) and appropriating the same amount to expenditure account (no. 14018760-62300) to administer 38 new vouchers. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing additional Housing Assistance Payments funds in the amount of $376,512 in revenue account (no. 14018002-52007) and appropriating the same amount to expenditure account (no. 14018760-62300) to administer 25 new Foster Youth to Independence vouchers. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing additional Administrative funds in the amount of $115,500 in revenue account (no. 13918780-52006) and appropriating the same amount to expenditure account (no. 13918780-62300) to administer 231 existing Mainstream Program Vouchers. (Requires five affirmative votes) DISCUSSION The Housing Authority recently received two awards for new vouchers and an award of additional administrative funds. Combined, these new vouchers will provide over $1 million in new funding per year for families that were pulled off the 2022 Housing Choice Voucher Program Waiting List and eligible foster youth. The specific information for each award is provided below. Funding for 38 New Vouchers For the appropriation adjustment recognizing additional Housing Assistance Payments ("HAP") funds for 38 new vouchers, the Consolidated Appropriations Act of 2022 appropriated $200 million for new incremental vouchers pursuant to a method, as determined by the U.S. Department of Housing and Urban Development ("HUD"), which City Council 14 — 1 11/15/2022 New Vouchers and Administrative Fee Funding for the Housing Choice Voucher Program November 15, 2022 Page 2 included such factors as a severe cost burden, overcrowding, substandard housing for very low income renters, homelessness, and administrative capacity. Following this formula allocation, the Housing Authority was awarded 38 new vouchers (Exhibit 1). The funding for these vouchers is equal to $623,708 for the first year. After the first year, monthly HAP funds and ongoing administrative fee disbursements will be based on actual HAP expenses and leasing reported in the Voucher Management System ("VMS"), respectively. Funding for 25 New FYI Vouchers For the appropriation adjustment recognizing additional HAP funds for 25 new Foster Youth to Independence ("FYI") vouchers, on September 28, 2022, the Housing Authority received an allocation of $376,512 in additional Foster Youth to Independence HAP funds (Exhibit 2) to assist up to 25 additional voucher holders. Through the FYI initiative, HUD will provide HCVs for youth eligible under the Family Unification Program. Through this targeted allocation, HUD is investing in local, cross -system collaborative efforts to prevent and end homelessness among youth with a current or prior history of child welfare involvement. The population eligible for assistance with this FYI funding are youth certified by the Orange County Social Services Agency by meeting the following conditions: 1. Has attained at least 18 years and not more than 24 years of age; 2. Left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act; and 3. Is homeless or is at risk of becoming homeless at age 16 or older. On July 17, 2018, the City Council adopted a Memorandum of Understanding with the Orange County Social Services Agency that established a partnership to administer these types of vouchers for youth with a current or prior history of child welfare involvement. All of the 25 youth have already been identified and certified by the Orange County Social Services Agency. Additional Administrative Fees for Mainstream Program Vouchers For the appropriation adjustment recognizing additional Mainstream Program Voucher administrative funding, on April 6, 2022, HUD issued PIH Notice 2022-07 announcing the availability of extraordinary administrative fees to help PHAs ("Public Housing Authorities") lease their Mainstream Program vouchers given the challenges presented by the COVID-19 pandemic. The Housing Authority administers 231 Mainstream Program vouchers for non -elderly people experiencing homelessness with a disability. Mainstream vouchers serve households that include a non -elderly person(s) with disabilities. In recent years, HUD awarded new Mainstream vouchers through the Fiscal Year (FY) 2017 and FY 2019 Mainstream Notices of Funding Availability, and later awarded an additional $75 million of Mainstream vouchers to these PHAs through PIH Notice 2020-09: CARES Act Mainstream Funding for PHAs Awarded Funding Allocations in the 2017 and 2019 Competitions as authorized by the CARES Act. HUD then made $150 million available for new Mainstream vouchers through PIH Notice 2020-22: Mainstream Vouchers — Non -Competitive Opportunity for Additional Vouchers Authorized by the CARES Act. City Council 14 — 2 11/15/2022 New Vouchers and Administrative Fee Funding for the Housing Choice Voucher Program November 15, 2022 Page 3 On July 14, 2022, the Housing Authority submitted an application for extraordinary administrative fees to administer our unleased Mainstream Program vouchers as we prevent, prepare for, and respond to the COVID-19 pandemic, and on August 24, 2022, the Housing Authority received an award of $115,500 in Extraordinary Administrative Fee Funding (Exhibit 3). With these one-time funds, staff will return to the City Council to recommend approval of an agreement with a nonprofit organization to administer these funds on behalf of the Housing Authority. The organization will conduct extensive landlord outreach in the private market and provide landlord incentives to increase the availability of rental units and decrease the time involved in the search for an eligible and affordable unit for Mainstream voucher holders. The organization will also provide housing navigators to connect landlords to clients through housing navigation services, and facilitate the lease -up process while ensuring wrap -around service case management services are in place afterwards for the tenants. FISCAL IMPACT Appropriation adjustments will recognize a total of $1,000,220 in HAP revenue account, for 38 new vouchers, and 25 new Foster Youth to Independence vouchers. Additionally, $115,500 will be added in the Mainstream Program Voucher Administrative revenue account for the following expenditures: Fiscal Year Accounting Unit- Fund Description Accounting Unit, Amount Account Account Description FY 22-23 17918002-52011 Housing Choice Voucher Housing Assistance $1,000,220 HAP Payments Mainstream Program FY 22-23 18018002-various Vouchers Administrative Administrative funds $115,500 Revenue Total Expenditures $1,115,720 The expenditure -spending plan is only an estimate and is subject to change. EXHIBIT(S) 1. HUD Award Letter dated September 23, 2022 2. HUD Award Letter dated September 28, 2022 3. HUD Award Letter dated July 29, 2022 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 14 — 3 11/15/2022 EXHIBIT 1 -%Mk 4r. n U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-5000 �II�IIIII* RI I OFFICE OF PUBLIC AND INDIAN HOUSING September 23, 2022 Judson Brown Executive Director HOUSING AUTHORITY OF THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 Dear Executive Director: This is your final award notification for Housing Choice Voucher (HCV) Program vouchers under the Consolidated Appropriations Act 2022 (P.L. 117-103). Based on vouchers that were declined by other housing agencies, the number of vouchers may have increased minimally. Please contact us at NewHCVS(a)hud.gov no later than seven calendar days following the date of this letter if you do not want to accept the additional vouchers. Purpose and Main Activities: The Consolidated Appropriations Act 2022 (P.L. 117-103) appropriated $200 million for new incremental vouchers pursuant to a method, as determined by HUD, which may include a formula that may include such factors as severe cost burden, overcrowding, substandard housing for very low- income renters, homelessness, and administrative capacity. The allocation method is required to include rural and urban areas. These vouchers will increase the authorized vouchers for your PHA, and fees can be used to expedite the leasing of these vouchers. PHAs seeking to use administrative fees to encourage owner participation and leasing of these vouchers, are encouraged to consult PIH Notice 2022-18. https://www.hud.gov/sites/dfiles/PIH/documents/PIH2022-18.pdf. Expected Outcomes. Beneficiaries and Subrecipients: These vouchers will provide housing assistance to approximately 19,300 individuals and/or families eligible under the HCV Program; however, the Act further provides HUD with the discretion to specify additional terms and conditions for the use of these vouchers to ensure that PHAs provide vouchers for use by survivors of domestic violence, or individuals and families who are homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)), or at risk of homelessness, as defined in section 401(1) of such Act (42 U.S.C. 11360(1)). These funds cannot be sub -awarded The following table provides the details for your agency's Housing Choice Vouchers award: HCV Award --> 38 Housing Assistance Payments Special Fees $623,708 $28,500 Effective: October 1st, 2022 Effective: October 1st, 2022 City Council www.hud.gov lespano11/15/2022 l.hud.gov EXHIBIT 1 Schedule of Obligations and Disbursements: HUD will obligate 12 months (October 2022 — September 2023) of Housing Assistance Payments (HAP) but will only advance three months of monthly HAP beginning in October 2022. Subsequently, monthly HAP and ongoing administrative fee disbursements will be based on actual HAP expenses and leasing reported in the Voucher Management System (VMS), respectively. If your PHA requires additional HAP funds beyond this schedule, please contact your Financial Management Center (FMC) Financial Analyst. In addition, the Department will obligate Special Fees for each individual voucher, from which will advance 100% in a lump sum during the first week in October 2022. Finally, the FMC will provide your agency with an amended Consolidated Annual Contributions Contract (CACC) that reflects the new incremental vouchers and funding. Your agency must follow applicable Housing Choice Voucher (HCV) program requirements, when administering these vouchers, including the regulations at 24 CFR part 982, and operating requirements set forth in PIH Notices 2022-29. For reporting requirement in VMS and FDS, please follow PIH Notice 2021-08 and corresponding REAC Accounting Briefs. These vouchers financial activity will be reported under Assistance Listing 14.871. Should you have questions about this award, please do not hesitate to contact us at NewHCVS(a-)_hud.gov. Sincerely Duii fNsgnedDyLwidkLBastarache Danielle L. Batar DFt CN=Dw6dk•L 6m-•c=US. Reagan I am apo"nq hK doomed Danielle Bastarache Deputy Assistant Secretary for Public Housing and Voucher Programs Enclosure City Council 14 — 5 11/15/2022 EXHIBIT 2 ,t n 7 � Y � 17• IIIII III ��ly c ;�F Y4tiQ U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Financial Management Center 2380 McGee Street, Suite 400 Kansas City, MO 64108-2605 OFFICE OF PUBLIC AND INDIAN HOUSING September 28, 2022 CA093 CITY OF SANTA ANA HSG AUTH 20 CIVIC CENTER PLAZA P.O. BOX 22030 SANTA ANA, CA 92701-2701 Dear Executive Director: SUBJECT: Foster Youth to Independence — Obligation of Assistance FYI Initiative This letter is to notify you that funds have been obligated to provide Foster Youth to Independence (FYI) vouchers to assistance eligible youth identified in the request for assistance submitted to HUD under the requirements of Notice PIH 2O20-28, amended by Notice PIH 2O21-26. As with other new special purpose voucher funding, only three months of funding will be automatically scheduled for disbursement to your agency. Subsequent disbursements will be calculated and scheduled based on expenses reported in the Voucher Management System (VMS) as part of the regular monthly HAP disbursement. The terms of the funding, including the approximate amount of the initial monthly payment, are reflected in the enclosed table. FYI vouchers do not "sunset" like the FYI Tenant Protection Vouchers (TPV) awarded under Notice 2019-18. Public housing agencies (PHAs) should continue to use FYI vouchers awarded under Notice PIH 2O20-28/2021-26 for eligible youth upon turnover. If another eligible youth is not available and the PHA does not anticipate future eligible applicants, the PHA must provide notification to FYI(a_hud.gov and the PHA's respective Financial Management Center (FMC) Financial Analyst. HUD will reduce the PHA's HCV baseline to account for the return of FYI assistance. Individual participants are still subject to the 36-month limit in receiving assistance with the FYI voucher. PHAs must maintain a special program code for FYI participants in line 2n of the Family Report (form HUD-50058) or line 2p of the MTW Family Report (form HUD-50058), as applicable. The special program code is "FYI." As a reminder, PHAs should be responding to the homeless at admission field (line 4C), of the form as well. PHAs should also report the leasing and expense information for these vouchers in the VMS, Form HUD-52681 B. The "Family Unification 2008/Forward — MTW" or "Family Unification — Non MTW" category, as appropriate for your PHA, must be used. Additional program -specific requirements are outlined and clarified in Notice PIH 2O21-26. www.hud.gov espanol.hud.gov City Council 14 — 6 11/15/2022 EXHIBIT 2 14 Enclosed is your executed copy of the notice to amend the Consolidated Annual Contributions Contract (CACC) with revised funding exhibits reflecting the changes described above. The amendment notice and revised funding exhibits should be filed with your most recent executed CACC. Public housing agencies receiving an increment in excess of $100,000 in Budget Authority (BA) are required to submit Form HUD-50071, Certification of Payments to Influence Federal Transactions, and if applicable, Form SF-LLL, Disclosure of Lobbying Activities. If this letter notifies you of a renewal in excess of $100,000, and your PHA has not submitted the Form(s) HUD-50071 (and SF-LLL where applicable) for your current fiscal year; the documents must be submitted to your local field office and Financial Analyst at the Financial Management Center (FMC) within 30 days of the date of this letter. These forms are located on the Internet at the following addresses: Form HUD-50071 https://www.hud.gov/sites/documents/50071.pdf Form SF-LLL //www.hud.aov/sites/documents/19161 SF-LLL.PDF If you have any questions, please contact your Financial Analyst joshua.a.parker@hud.gov. Sincerely, Jennifer D. Marshall. DN:Off =JemtifetD.ftWI0 US .-0 =Fi vdg M*wm*m Cater. OU = kw P mr. Rwwre J*M4Kiwie Md=MtM Jennifer Marshall Division Director Enclosures City Council 14 — 7 11/15/2022 EXHIBIT 2 Increment Number Table Housing Choice Voucher Program U. S. Department of Housing and Urban Developmeni Office of Public and Indian Housing Section 8 Increment Program No. of Units Budget Effective Date Term Approximate Number Funding Authority Monthly Assigned Disbursement CA093VO0255 VO 25 $376,512 10/1/2022 12 $31,376 (The terms of the funding, including the approximate amount of the monthly payment, are reflected in the table above) City Council 14 — 8 11/15/2022 EXHIBIT 2 Consolidated Annual Contributions Contract Housing Choice Voucher Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing Section 8 HUD NOTICE TO HOUSING AGENCY AMENDING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT Housing Agency: CA093 CITY OF SANTA ANA HSG AUTH In accordance with Paragraph 2.c. of the Consolidated Annual Contributions Contract between HUD and the HA, you are notified that the funding exhibits of the Consolidated Annual Contributions Contract is hereby revised to add a new funding increment as provided in the attached revised funding exhibit. (This notice adds one or more funding increments listed on the attached funding exhibit.) The revised funding exhibit is attached to this HUD notice. This revised funding exhibit replaces and revises the prior funding exhibit. In accordance with Paragraph 2.d. of the Consolidated Annual Contributions Contract, this HUD notice and the attached funding exhibit constitutes an amendment to the Consolidated Annual Contributions Contract. United States of America Secretary of Housing and Urban Development Authorized Representative Robert H. Boepple, Director Financial Management Center Date of Document: 9/28/2022 Form HUD-52520A (12/97) City Council 14 — 9 11/15/2022 EXHIBIT 2 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PIH SECTION 8 - FUNDING EXHIBIT PROGRAM -BASED ACC NUMBER: CA093 FIELD OFFICE: 9DPH CA093 CITY OF SANTA ANA HSG AUTH 20 CIVIC CENTER PLAZA P.O. BOX 22030 SANTA ANA, CA 92701 HA FISCAL YEAR-END: 06/30 PROGRAM TYPE: HAP -Voucher Program FUNDING FIRST DAY OF LAST DAY OF CONTRACT BUDGET INCREMENT NUMBER TERM TERM TERM AUTHORITY UNITS CA093AF0133 6/1/2020 9/30/2020 4 989,648 N/A CA093AFR220 9/1/2020 9/30/2020 1 36,391 N/A CA093VO0217 6/1/2020 9/30/2020 4 12,160,415 2699 CA093AF0134 10/1/2020 10/31/2020 1 247,412 N/A CA093VO0206 11 /1 /2019 10/31/2020 12 301,811 25 CA093VO0218 10/1/2020 10/31/2020 1 2,984,940 2699 CA093VO0220 11/1/2020 11/30/2020 1 1,127,700 N/A CA093AF0137 11/1/2020 12/31/2020 2 498,894 N/A CA093AF0139 12/1/2020 12/31/2020 1 28,443 N/A CA093AFR320 12/1/2020 12/31/2020 1 1,849 N/A CA093VO0212 3/1/2020 12/31/2020 10 1 100 CA093VO0213 3/1/2020 12/31/2020 10 1 100 CA093VO0214 3/1/2020 12/31/2020 10 1 5 CA093VO0219 11/1/2020 12/31/2020 2 5,969,153 2699 CA093VO0221 12/1/2020 12/31/2020 1 726 N/A CA093VO0225 11/1/2020 12/31/2020 2 1 22 CA093VOPB01 1/1/2020 12/31/2020 12 802,467 75 CA093AF0138 1/1/2021 2/28/2021 2 498,894 N/A CA093VO0226 1/1/2021 2/28/2021 2 6,376,136 2699 CA093AF0140 3/1/2021 3/31/2021 1 376,879 N/A CA093VO0231 3/1/2021 3/31/2021 1 3,196,190 2699 CA093AFR420 4/1/2021 4/30/2021 1 64,570 N/A CA093AF0141 4/1/2021 5/31/2021 2 515,068 N/A CA093VO0232 4/1/2021 5/31/2021 2 6,416,114 2699 CA093AF0142 6/1/2021 9/30/2021 4 1,036,092 N/A CA093AF0144 9/1/2021 9/30/2021 1 84,017 N/A CA093AF0145 9/1/2021 9/30/2021 1 84,017 N/A CA093AFR221 9/1/2021 9/30/2021 1 47,351 N/A CA093VO0234 6/1/2021 9/30/2021 4 13,066,437 2699 City Council 14 — 10 11/15/2022 EXHIBIT 2 Page 2 FUNDING FIRST DAY OF LAST DAY OF CONTRACT BUDGET INCREMENT NUMBER TERM TERM TERM AUTHORITY UNITS CA093VOPR20 9/1/2021 9/30/2021 1 80,388 N/A CA093AF0143 10/1/2021 10/31/2021 1 259,023 N/A CA093VO0235 10/1/2021 10/31/2021 1 3,228,320 2699 CA093AF0147 11/1/2021 11/30/2021 1 217,884 N/A CA093VO0236 11/1/2021 11/30/2021 1 3,228,323 2699 CA093AF0148 12/1/2021 12/31/2021 1 217,884 N/A CA093VO0227 1 /1 /2021 12/31/2021 12 1 100 CA093VO0228 1 /1 /2021 12/31/2021 12 1 100 CA093VO0229 1 /1 /2021 12/31/2021 12 1 5 CA093VO0230 1 /1 /2021 12/31/2021 12 1 75 CA093VO0233 1 /1 /2021 12/31/2021 12 1 22 CA093VO0237 12/1/2021 12/31/2021 1 3,228,323 2699 CA093VO0247 12/1/2021 12/31/2021 1 47,248 N/A CA093VO0238 1/1/2022 1/31/2022 1 3,349,016 2699 CA093AF0149 1/1/2022 2/28/2022 2 601,494 N/A CA093VO0239 2/1/2022 2/28/2022 1 2,561,064 2699 CA093VO0240 2/1/2022 2/28/2022 1 787,952 N/A CA093AF0150 3/1/2022 3/31/2022 1 300,747 N/A CA093AFR321 3/1/2022 3/31/2022 1 69,531 N/A CA093VO0222 4/1/2021 3/31/2022 12 344,259 25 CA093VO0245 3/1/2022 3/31/2022 1 3,349,016 2699 CA093AF0151 4/1/2022 4/30/2022 1 293,659 N/A CA093VO0246 4/1/2022 4/30/2022 1 2,981,408 2699 CA093VO0248 4/1/2022 4/30/2022 1 435,684 N/A CA093VOPR21 4/1/2022 4/30/2022 1 110,162 N/A CA093AF0152 5/1/2022 5/31/2022 1 293,659 N/A CA093AFR421 5/1/2022 5/31/2022 1 213,399 N/A CA093VO0251 5/1/2022 5/31/2022 1 3,451,783 2699 CA093AF0153 6/1/2022 9/30/2022 4 1,220,404 N/A CA093AFR122 9/1/2022 9/30/2022 1 78,583 N/A CA093VO0252 6/1/2022 9/30/2022 4 13,347,397 2699 CA093AF0154 10/1/2022 10/31/2022 1 305,101 N/A CA093AF0155 10/1/2022 10/31/2022 1 28,500 N/A CA093VO0253 10/1/2022 10/31/2022 1 3,374,832 2699 CA093VO0241 1/1/2022 12/31 /2022 12 1 100 CA093VO0242 1/1/2022 12/31 /2022 12 1 100 CA093VO0243 1/1/2022 12/31 /2022 12 1 5 CA093VO0244 1/1/2022 12/31 /2022 12 1 75 CA093VO0249 4/1/2022 12/31/2022 9 1 25 CA093VO0250 1/1/2022 12/31 /2022 12 1 21 City Council 11/15/2022 14 —11 EXHIBIT 2 FUNDING INCREMENT NUMBER CA093VO0254 CA093VO0255 FIRST DAY OF LAST DAY OF CONTRACT TERM TERM TERM 10/1/2022 9/30/2023 12 10/1/2022 9/30/2023 12 Page 3 BUDGET AUTHORITY UNITS 623,708 38 376,512 25 City Council 14 — 12 11/15/2022 EXHIBIT 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT # WASHINGTON, DC 20410-5000 x OFFICE OF PUBLIC AND INDIAN HOUSING July 29, 2022 CA093 HOUSING AUTHORITY OF THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA P.O. BOX 22030 SANTA ANA, CA 92701 Dear Executive Director: I am pleased to notify you that your public housing agency (PHA) is eligible for new Mainstream vouchers and funding as authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Public Law 116-136). The CARES Act provided that the Department of Housing and Urban Development (HUD) allocate additional vouchers to PHAs non -competitively to help them prevent, prepare for, and respond to coronavirus in their communities. Your PHA submitted an application requesting Mainstream vouchers using the criteria identified in PIH Notice 2022-07: `Mainstream Vouchers — Non -Competitive Opportunity for Additional Vouchers Authorized by the CARES Act and Extraordinary Administrative Funding. https://www.hud.gov/sites/dflles/PIH/documents/PIH2O22-07.pdf The enclosed table (see last page) shows the number of units and the budget authority awarded. The default effective date of your award will be September 1, 2022, unless you contact your Financial Analyst at the Financial Management Center (FMC) by August 12, 2022, to request an alternative effective date. Your effective date may be the first of any month beginning July 2022 through November 2022. Please remember, as with the regular voucher program, the awarded budget authority and number of units both serve as a cap. Your agency may only lease until you have reached the lower of your budget authority or number of units allocated. If you have money left but you have leased all the awarded units, this extra funding will go into your agency's Mainstream Housing Assistance Payment (HAP) reserves. If you are on track to spend all of the awarded funding but still have units left, you must manage your funds in a responsible manner that will not result in a shortfall. The FMC will provide your agency with an amended Annual Contributions Contract that reflects the obligation of funds and monthly disbursements amount to be scheduled. Initially, the first three months of disbursements will be automatically scheduled. Each disbursement will equal 1/12th of your award amount. Thereafter, monthly disbursements will be scheduled based on monthly Mainstream expenses reported in the Voucher Management System (VMS). If you have not leased any vouchers by month three, you will not receive additional disbursements until VMS data shows you are incurring HAP expenses. If at any time such disbursements are not sufficient to cover your monthly expenses, your agency should contact your Financial Analyst at the FMC. City Council www.hud.gov 14e7spl l.hud.gov 11/15/2022 EXHIBIT 3 Your agency must follow all HCV program requirements when administering the Mainstream Voucher Program, including the regulations at 24 CFR part 982, and the requirements in PIH Notice 2022-07 and PIH Notice 2020-01: Revised Policies and Procedures for the Mainstream Voucher Program. Your PHA is required to follow relevant statutes, regulations, and HUD guidance. https://www.hud.gov/sites/dflles/PIH/documents/PIH-2020-Ol.pdf To ensure that Mainstream families are recorded properly, you must record MS5 on line 2n of the form HUD-50058 (Family Report). Remember to accurately record families who are homeless at admission on line 4c of the HUD-50058. Mainstream vouchers and corresponding HAP expenses must also be accurately reported in VMS. The Mainstream Voucher Program is reported separately in FASS-PH under the CFDA code 14.879. Additional information regarding the Mainstream Voucher Program can be found at: https://www.hud.gov/program offices/public indian housing/programs/hcv/mainstream. Please contact MainstreamVouchers@hud.gov if you have any questions. Sincerely 0i il� signed by 08nrtre L SasWad* Danielle �� pp + } r c+ p DN: ON = Dmielle L ByArache. C = 0. Ci � i Gi 1 1 5� G .. ReawrrIsmspprabiglhiadmunut Danielle Bastarache Deputy Assistant Secretary for Public Housing and Voucher Programs City Council 14 — 14 11/15/2022 EXHIBIT 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-5000 OFFICE OF PUBLIC AND INDIAN HOUSING Number of Vouchers Voucher Funding Extraordinary Administrative Fee Funding 0 $0 $115,500 City Council 14 — 15 11/15/2022 Public Works Agency www.santa-ana.org/public-works Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Purchase of Real Property for Santa Ana Water Resources Elevated Tank AGENDA TITLE: Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 398-151-01), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's water distribution system. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure -regulating vaults (PRVs), and seven connection points with Metropolitan Water District of Southern California (MWD). Originally constructed in 1928, the City's elevated water storage tank (Elevated Tank) is a familiar Orange County historic landmark. The Elevated Tank is capable of holding up to 1 million gallons of potable water and helps maintain a consistent pressure range throughout the Low Pressure Zone found south of Interstate 5. As such, it is a critical component of the City's water system infrastructure. In 1917, the City entered into a 99-year lease with the Santa Ana Unified School District (SAUSD) for a portion of the property which now contains Davis Elementary School, and since 1928 has housed the Elevated Tank and related equipment. The lease expired in 2016, and the City and SAUSD have had ongoing discussions since that time on how to proceed. In a closed session meeting on October 19, 2021, the City Council directed staff to proceed with the negotiation for purchase of an approximately 14,412 square -foot portion of the property needed for the City's water system equipment. City Council 15-1 11/15/2022 Purchase Agreement for Elevated Tank November 15, 2022 Page 2 On July 12, 2022, the Santa Ana Unified School District Board of Education approved the City's offer to purchase the property for $781,000. Closing costs and escrow fees are anticipated to cost approximately $79,000, bringing the total estimated purchase expenditure to a not -to -exceed total of $860,000. Staff recommends approving the purchase and sale agreement to ensure that these crucial water system assets are housed on City -owned property. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds for this action have been transferred from previously appropriated funds for the Fisher Park Neighborhood Water Main Improvements (Project No. 19-6429) to the Santa Ana Water Resources Elevated Tank Site Acquisition Project (No. 23-6478) and are available for expenditure in the current Fiscal Year 2022-23 as shown below: Fiscal Accounting Unit Fund Accounting Unit, Amount Year - Account # Description Account Description 2022-23 06617647-66100 Acquisition & Water Utility Capital $860,000 (23-6478) Construction Projects, Land EXHIBIT(S) 1. Purchase and Sale Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 15 — 2 11/15/2022 Assessor's Parcel No: 398-151-01 County: Orange County PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement ("Agreement") is made and entered into on this 12th day of July 2022, ("Effective Date") at Santa Ana, California by and between the Santa Ana Unified School District, a California public school district located in the County of Orange, California, ("Seller" or "District"), the City of Santa Ana, a public municipality in the State of California ("Purchaser" or "City"). District and City may be individually referred to herein as a "Party" or collectively referred to as "Parties," RECITALS 1. District intends to sell to City, and City intends to purchase from Seller certain real property and all easements and rights benefiting or appurtenant to the real property, which is comprised of approximately 14,412 square feet located at 1415 French Street, Santa Ana,, California 92704 (APN 398-151-01) (collectively "Property"), as more specifically described in Exhibit "A" attached and made a part hereto. 2. District is authorized to sell the Property to City. NOW THEREFORE, in consideration of the covenants and agreements hereinafter set forth, District and City agree as follows: AGREEMENT 1 PROPERTY TO BE PURCHASED 1.1 Seller is the owner, in fee, of the Property. Seller agrees to sell and grant to City fee title to the Property described in Exhibit "A" and convey by a grant deed substantially in the form of Exhibit "B," ("Grant Deed") attached hereto. 1.2 City agrees to pay Seven Hundred Eighty -One Thousand Dollars ($781,000) ("Purchase Price") for the Property, payable as follows: 1.2.1 City shall deposit Forty Thousand Dollars ($40,000) earnest money ("Deposit") into the escrow opened pursuant to the section herein entitled "Establishment of Escrow" within ten (10) days of the Opening of Escrow (defined below). If the sale of the Property as contemplated hereunder is consummated, the Deposit shall be credited toward the Purchase Price. 1.2.2 The remaining portion of the Purchase Price in the amount of Seven Hundred Forty One Thousand Dollars ($741,000), shall be due and payable at the Close of Escrow (defined below), subject to the -conditions set forth in this Agreement. City Council 15 — 3 11 /15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 1 2 DEFINED TERMS 2.1 Title Policy. The term "Title Policy" shall mean the American Land Title Association ("ALTA") or California land Title Association ("CLTA") owner's coverage policy of title insurance to be issued by the Title Company upon the Close of Escrow pursuant to the terms of this Agreement. 2.2 Opening of Escrow. Promptly upon full execution of this Agreement, Parties shall open escrow with Ticor Title Company of California, Attention: Dawn Niehaus, 1500 Quail Street, 316 Floor, Newport Beach, California 92660 ("Escrow Holder" or "Title Company"), and each Party shall deposit with the Escrow Holder a duly executed copy of this Agreement ("Opening of Escrow") which shall constitute the initial escrow instructions. 2.3 Existing Leases. The term "Existing Leases" shall collectively mean all leases, subleases, lease guarantees, tenant financial information, and rental and use arrangements, if any, in Seller's possession, affecting the Property, together with all amendments and modifications thereto. 2.4 Close of Escrow. The term "Close of Escrow" or "Closing" shall mean the consummation of the purchase of the Property by City and District and the recordation of the Grant Deed for the Property, in accordance with the terms and provisions of this Agreement. 3 CONDITIONS OF PURCHASE 3.1 Terms. Terms and conditions of the purchase: 3.1.1 Due Diligence Activities. Purchaser shall have fort -five 45 days from the Opening of Escrow ("Contingency Date") to conduct all its investigations of the Property and obtain all required approvals for use of the Property and within which time the Purchaser may terminate this Agreement for any or no reason without penalty, as set forth herein. In the event Purchaser terminates this Agreement during the Due Diligence Period, the Deposit shall be fully refundable to Purchaser within ten (10) business days (the "Feasibility Review Period"). At or prior to the end of the Feasibility Review Period, Purchaser shall notify Seller and the Escrow Holder in writing of whether it will proceed or cancel escrow in accordance with Section 9.4 below. 3.1.2 Conveyance of Property. On the Close of Escrow, Seller shall convey to City title to the Property in fee simple by recordation of the Grant Deed for the Property. It shall be a condition to City's obligation to close that Seller shall clear title of all title defects, liens, encumbrances, deeds of trust and mortgages, if any, except for non -delinquent real estate taxes far the current fiscal year not yet due and such exceptions to title as City shall approve as indicated herein, including the section "Issuance of a Preliminary Title Report Acceptable to City." Possession of the Property and the risk of loss with regard to the Property shall pass to City at the time of the recordation of the Grant Deed, 3.1.3 Issuance of Title Insurance. Evidence of title to the Property small be the issuance at the Close of Escrow by Title Company of a CLTA owner's coverage policy of title insurance (or an ALTA owner's coverage policy of title insurance, at City's option) ("Policy") insuring fee simple title to the Property in the condition required by the section "Issuance of a Preliminary Title Report Acceptable to City" and containing such endorsements as City shall require. City shall not be obligated to provide any indemnification of the Title City Council 15 — 4 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 2 Company to induce it to issue the title policy to City, or to remove, insure over or affirmatively cover any otherwise unpermitted exception to title, except with the prior consent of City after full disclosure to City of the nature and substance of such exception and indemnity. Seller will provide the Title Company with a customary and reasonable owner's affidavit permitting the Title Company to provide extended coverage to City on the Property. 4 CONDITIONS TO CLOSE 4.1 Conditions to City's Obligation to Purchase Property. City's obligation to purchase the Property under this Agreement is subject to the fulfillment, and City's approval on or prior to the Closing Date, of each of the following conditions, each of which is for the benefit of City and any or all of which may be waived by City in writing at its option: 4.1.1 Delivery of Title. Delivery of title to the Property in the condition required herein, and the issuance by the Title Company of, or the irrevocable commitment by the Title Company to issue, City's Policy. 4.1.2 Issuance of a Preliminary Title Report Acceptable to City. Within ten (1.4) days after the Opening of Escrow, issuance of a current preliminary title report with respect to the Property, accompanied by legible copies of all documents referred to in the report. Within seven (7) days after City's receipt of the preliminary title report, City shall provide written notice to Seller of any objections that City has with respect to the exceptions to title listed in the preliminary title report. Seller shall have fifteen (15) days from the date of notice to cure any exceptions to which City objects, or agree to cause such exception removed or eliminated prior to or at the Closing, to the reasonable satisfaction of City, unless a longer period is mutually agreed to by the Parties. If City's objection to any exception to title cannot be removed or eliminated to the reasonable satisfaction of the City, the Deposit shall be returned to City, and the provisions of the section "Conditions to Benefit City with Respect to Purchase of Property" shall apply. City shall not be required to object to deeds of trust, mortgages, mechanics' liens, judgments or other monetary liens encumbering the Property ("Monetary liens"), and Seller shall remove all Monetary liens at or prior to the Close of Escrow. In the event of a failure by Seller to remove a Monetary lien, the provisions of the section "Termination" shall apply. Notwithstanding the foregoing, neither (i) the Title Company's standard printed exceptions; (ii) matters affecting title created by or with the consent of City; nor (iii) liens to secure taxes and assessments not yet due and payable shall give rise to any objection to title by City. 4.1.3 Environmental Compliance. If the Property is not acceptable to City because of the results of any environmental assessment, the provisions of the section "Conditions to Benefit City with Respect to Purchase of Property" shall apply. 4.1.4 Satisfaction of Seller's Obligations with Respect to Conveyance of Property. Seller shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Seller and all conditions to Seller's obligations set forth in the section "Conditions to Seller's Obligation to Sell Property" shall have been satisfied or waived. All representations and warranties made by Sel ler to City in this Agreement shall be true and correct as of the Closing. Date. City Council 15 — 5 11 /15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 3 4.2 Limited Seller Warranties 4.2.1 Limited Warranties. City hereby affirms and acknowledges that neither Seller nor any of its officers, agents, managers, board members, employees, advisors and/or attorneys (collectively the "Seller Exculpated Parties") have made nor has City relied upon any representation, warranty or promise whether oral or written, express or implied, by operation .of law or otherwise, with respect to the Property or any other subject matter of this Agreement except as otherwise expressly set forth in this Agreement. Without limitation, City acknowledges that, except as specifically set forth to the contrary in this Agreement, no warranties or representations, expressed or implied, of any kind whatsoever have been made by any of Seller Exculpated Parties, or will be relied upon, and City hereby releases Seller Exculpated Parties from any claims with respect to the suitability of use of the Property for its purposes, general plan designation, zoning, value, use, tax status or physical condition of the Property, or any part thereof, or matters affecting or concerning the Property, including, without limitation, the flood elevations, drainage patterns, soil and subsoil composition and compaction level, and other conditions at the Property, or with respect to the existence or non-existence of hazardous substances (as defined in the section "Hazardous Substances") in, on, under or around the Property, or with respect to the accuracy of any title report or commitment, soils report or any other plans or reports relating to the Property or its use or development, or neighborhood or area uses or factors affecting or concerning use or development of the Property, or other matters otherwise in any way relating to the Property or the transactions contemplated hereby. City is acquiring the Property based solely on its own independent investigation and inspection of the Property and its suitability for its purposes, and in no way in reliance on any information provided by Seller or any of the other Seller Exculpated Parties other than the representations and warranties expressly contained herein. 4.3 Seller Representations and Warranties. Seller warrants and represents to City with respect to the Property, the following: 4.3.1 No Pending Litigation. Seller does not have knowledge of litigation pending pertaining to the Property. 4.3.2 Hazardous Substances. Seller does not have knowledge of: 4.3.2.1 Any Hazardous Substances (as defined below), discharges, leaks, releases, or spills on, in or under the Property; 4.3.2.2 Use or storage of Hazardous Substances on the Property; 4.3.2.3 Investigations, assessments, evaluations, sampling, testing, or monitoring of Hazardous Substances on the Property or adjacent parcels. 4.3.3 Existing Leases. During the term of this Agreement, Seller (1) shall not enter into any new leases or lease/use arrangements of any portion of the Property; (2) shall oppose any additional exceptions, fees, or other burdens on any portion of the Property. City Council 15 — 6 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 4 4.3.4 Violations. Seller is not aware of any violation of any statute, ordinance, regulation or administrative or judicial order or holding, whether or not appearing in public records, with respect to the Property or any improvements on the Property. 4.3.5 Condemnation. Seller is not aware of any threatened proceedings in eminent domain or otherwise, which would affect the Property or any portion thereof. 4.3.6 No Notices. Seller is not aware of any change contemplated in any applicable laws, ordinances or restrictions, or written notice of any judicial or administrative action, or written notice of any action by adjacent landowners, or written notice of natural or artificial conditions upon the Property that would prevent, impede, limit, or render more costly City's contemplated use of the Property to the extent such contemplated use is actually known to it. 4.3.7 Inaccuracies. If any representation or warranty of Seller in this section "Seller Representations and Warranties" becomes inaccurate after the Effective Date other than as a result of a prior misrepresentation by Seller, or as a result of the affirmative act of Seller, Seller shall promptly notify City of the inaccuracy. If any representation or warranty of Seller becomes inaccurate for reasons other than due to a prior misrepresentation or affirmative act of Seller, Seller shall not be in breach or default of this Agreement as a result of such inaccuracy, but shall take commercially reasonable efforts, diligently and in good faith, to correct such inaccuracy. 4.3.8 Seller Authority to Execute Agreement. Seller has the legal right, power, and authority to enter into this Agreement, to consummate the transactions contemplated hereby, and to convey the Property to City. 4.3.9 Authority of Executing Officer. Each individual executing this Agreement on behalf of Seller is duly authorized to execute and deliver this Agreement on behalf of Seller. 4.3.10 Validity of Seller's Representations and Warranties at Close of Escrow. The representations and warranties of Seller set forth in this Agreement shall be true on and as of the close of escrow as if those representations and warranties were made on and as of such time. 4.4 City's Representations and Warranties. City hereby represents and warrants to Seller that as of the Effective Date of this Agreement and as of the Closing, this Agreement and all documents executed by City which are to be delivered to Seller at the time of Closing will be duly authorized, executed, and delivered by City, and are or at the Closing will be legal, valid, and binding obligations of City, and do not and at the time of Closing will not violate any provisions of any agreement or judicial order to which City is a party or to which it is subject. City further represents and warrants to Seller that City is purchasing the Property in its existing condition and will, by the time called for herein, make or have waived all inspections of the Property City believes are necessary to protect its own interest in, and its contemplated use of, the Property. 4.5 Survival of Representations and Warranties. All representations and warranties contained herein shall survive the Close of Escrow or termination of this Agreement. City Council 15 — 7 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 5 4.6 Damage or Condemnation Prior to Closing. Seller shall promptly notify City of any knowledge it obtains of casualty to the Property or any condemnation proceeding commenced prior to the Close of Escrow. If any such damage or proceeding relates to, or may result in, the loss of any material portion of the Property, City may, at its option, elect either to: 4.6.1 Terminate this Agreement, and neither City nor Seller shall have any further rights or obligations hereunder; or 4.6.2 Continue Agreement in effect, in which event upon the purchase of the Property affected by condemnation, City shall be entitled to any compensation, awards, or other payments or relief resulting from such casualty or condemnation proceeding. 4.7 Conditions to Benefit City with Respect to Purchase of Property. The conditions contained in the section "Conditions to Close" are intended solely for the benefit of City with respect to the Property. If Seller is unable to deliver title to the Property as required herein, or the conditions described in the section "Conditions to Seller's Obligation to Sell Property" are not satisfied or if City does not give its approval as provided .in that section, City shall have the right, at its sole election, either to proceed with the purchase and the Close of Escrow in accordance with the terms hereof, or, in the alternative, to terminate this Agreement. In the event City elects to terminate this Agreement for the reasons provided herein, City shall bear its own costs, and neither Party shall have any further rights or obligations under this Agreement. 4.8 Conditions to Seller's Obligation to Sell Property. Seller's obligation to sell the Property under this Agreement is subject to the fulfillment, and Seller's approval on or prior to the Closing Date, of each of the following conditions, each of which is for the benefit of Seller and any or all of which may be waived by Seller in writing at its option. (i) Seller is able to deliver possession to the Property to City on the Closing Date; (ii) there shall be no breach of City's representations and warranties set forth herein; (iii) and City shall have delivered to Escrow Holder each of the following: 4.8.1 Cash or other immediately available funds in the amount of the Purchase Price (including the Deposit) and sufficient to pay all of City's other costs associated with the Close of Escrow as provided herein; 4.8.2 One (1) Preliminary Change of Ownership Report (the "PCOR"), for the Property; 4.8.3 A closing statement prepared by Escrow Holder and approved in writing by City; and 4.8.4 Any other documents, instruments or records which are reasonably required by Escrow Holder to close the escrow and consummate the purchase of the Property in accordance with the terms hereof. 5 ESTABLISHMENT OF ESCROW 5.1 Time to Open Escrow. Seller has opened an escrow to consummate the purchase of the Property pursuant to this Agreement, 5.2 Escrow Holder. After the Opening of Escrow, City and Seller agree to execute, deliver, and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or City Council 15 — 8 11/15/2022 Purchase and Sale Agreement - Santa Ana unified School District -City of Santa Ana -Water Tower Site Page 6 other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not amend or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control, 6 CLOSING 6.1 Selection of Closing Date. The Close of Escrow hereunder shall be held and delivery of all items to be delivered at the Closing under the terms of this Agreement shall be performed at the offices of the Title Company on or before thirty (30) calendar days from the end of the Due Diligence Period, or such earlier or later date as City and Seller may mutually agree upon in writing (the "Closing Date"). 6.1.1 In the event any of the conditions to Close of Escrow set forth in the section "Conditions to Close" have not been fulfilled by the Closing Date, the Close of Escrow may be extended one time for up to an additional ten (10) days ("Extended Closing Date") by either City or Seller. 6.2 Grant Deeds. Prior to Close of Escrow, Seller shall deposit an executed Grant Deed into escrow. 6.3 Other Documents. As required, Seller shall prepare or obtain the following documents: 6.3.1 Two (2) originals of a Natural Hazard Disclosure Statement, for the Property; 6.3.2 One (1) Seller's Affidavit of Non -foreign Status (the "FIRPTA Affidavit"), for the Property; 6.3.3 One (1) Real Estate Withholding Certificate (the "Form 593-C"), for the Property; and 6.3.4 Such other documents as are reasonably necessary for issuance of the required Title Policy. 6.3.5 Tenant -Executed Estoppel Certificates from each tenant dated no more than thirty (30) days prior to the Closing Date. 6.4 Encumbrances. Seller shall pay in full any liens, claims, or mortgages encumbering the Property, if applicable. 6.5 City's Costs and Expenses. Except as otherwise specified in this Agreement, Seller City shall pay the costs and expenses incurred pursuant to this Agreement as follows: 6.5.1 Seller shall pay one hundred percent (100%) of the Orange County Transfer Taxes and one hundred percent (100%) of the Escrow Holder's fees, and the costs of a CLTA Title Policy; 6.5.2 Any costs incurred through the Escrow relating to the Property that are not specifically allocated to Seller or City under this Agreement shall be paid by City. 6.5.3 Any endorsements to the Title Policy requested by City; City Council 15 — 9 _ 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 7 6.5.4 Its legal costs and consultants' fees associated with consummating the purchase. 6.6 Failure to Close. If, as a result of no fault of Seller or City, escrow fails to close, City shall pay the Escrow Holder's Cancellation fees and charges. In the event escrow fails to close through the fault of Seller, Seller shall pay any and all cancellation costs incurred as well as other expenses in connection therewith and City shall bear no expense with respect to the same. In the event escrow fails to close through the fault of City, City shall pay any and all cancellation costs incurred as well as other costs and expenses in connection therewith and Seller shall bear no expense with respect to the same. 6.7 Delivery of Property. On Close of Escrow, Seller shall deliver the Property to City in substantially the'same condition except for reasonable wear and tear, as on the Effective Date. 7 MUTUAL INDEMNIFICATION. City and Seller shall indemnify the other Party and hold it harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, without limitation, reasonable attorneys' fees, resulting from any breach of warranty or breach of covenant made, or in any document, certificate, or exhibit given or delivered to the other pursuant to or in connection with this Agreement. The indemnification provisions of this section "Mutual Indemnification" shall survive the delivery of the Grant Deed and transfer of title or, if title is not transferred pursuant to this Agreement, any termination of this Agreement. 8 DEFAULT 8.1 Default by Seller. In the event that Seller fails to perform any of the material covenants or agreements contained herein which are to be performed by Seller, City may, at its option and as its exclusive remedy, terminate this Agreement by giving written notice of termination to Seller whereupon Escrow Holder will return to City the Deposit and both City and Seller will be relieved of any further obligations or liabilities hereunder, except for those obligations which expressly survive any termination hereof. 8.2 Default by City. In the event City fails to perform any of the material covenants or agreements contained herein which are to be performed by City or otherwise breaches a material obligation under this Agreement, Seller may terminate this Agreement by giving written notice of termination to City, in which event City and Seller agree that it would be impractical and extremely difficult to estimate the damages which Seller may suffer. Therefore City and Seller do hereby agree that a reasonable estimate of the total net detriment that Seller would suffer in any such event is and shall be an amount equal to the Deposit, together with the accrued interest thereon; and, as Seller's sole and exclusive remedy (whether at law or in equity), said amount shall be disbursed to Seller as the full, agreed and liquidated damages for a breach of this Agreement by City, all other claims to damages or other remedies in respect of City's breach of this Agreement being herein expressly waived by Seller. Such payment of the Deposit is not intended as a penalty, but as full liquidated damages. Nothing contained in this section shall limit Seller's right to receive reimbursement for costs and expenses as set forth in this Agreement, nor waive or affect City's indemnity and confidentiality obligations. SELLER'S INITIALS CITY'S INITIALS 9 RIGHT TO ENTER PROPERTY City Council 15 — 10 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 8 9.1 During the Feasibility Review Period, City shall have the right, at its own expense and pursuant to the provisions of this section, to select a licensed contractor and/or other qualified professional(s), to conduct inspections, tests, surveys, or other studies, including, but not limited to, environmental studies or assessments (the "Inspections") of the Property, and to conduct other due diligence and feasibility investigations regarding the ownership, use and development of the Property, as deemed necessary. Subject to the foregoing and Section 9.2 below, City and its representatives shall have the right of access to the Property throughout the Feasibility Review Period, for the purpose, at its own sole expense, of obtaining data and making surveys, tests, inspections, and other studies deemed necessary. 9.2 City may enter on the Property for the purposes permitted herein, subject to the following: 9.2.1 All such inspections shall be conducted in a manner so as not to interfere with Seller's conduct of business on the Property; 9.2.2 Reasonable precautions shall be exercised to avoid damage and protect persons or property; 9.2.3 City agrees to indemnify and hold Seller harmless from any damage caused by its activities authorized in this section including testing, inspections, entry and/or activities upon the Property by City, its agents, contractors and subcontractors. Notwithstanding the foregoing, to the extent any claims arise from or relate to a condition of the Property existing prior to City's exercise of the inspection rights granted herein or which arise from the acts of parties other than City or its agents, contractors or employees ("Buyer Parties"), City's indemnification and other obligations under this section shall not apply to such claims; and 9.2.4 All due diligence activities shall be in accordance with applicable laws. 9.3 Prior to the expiration of the Feasibility Review Period, City shall have the right to deliver to Seller a disapproval notice stating.that its Inspections have disclosed a defect in the Property or revealed other matters which in City's sole and absolute discretion make acquiring the Property unacceptable, which notice (the "Disapproval Notice") shall describe the defect or matter (a "Defect") in reasonable particularity. If the Disapproval Notice asserts a Defect, Seller may, at its election and at its sole cost and expense, take such action as may be necessary to correct such Defect within ten (10) days after its receipt of the Disapproval Notice. In the event Seller elects to correct the Defect, the Close of Escrow may be extended for a time period sufficient to cure the Defect. The election of Seller to correct or not to correct any Defect shall be evidenced by its written notice to City delivered within ten (10) days after the receipt of the Disapproval Notice. If Seller elects not to cure the Defect, then City shall have the election of: (1) terminating this Agreement without liability on the part of City; or (ii) accepting the Property and Seller shall still remain liable for its covenants, representations, and warranties as otherwise provided in this Agreement. This election shall be made within fifteen (15) days after receipt by City of Seller's written notice electing not to cure the Defect. 9.4 At or prior to the end of the Feasibility Review Period, City shall notify Seller and the Escrow holder in writing that City, in its sole discretion, either (1) elects to proceed with Escrow by providing Notice to Proceed, in which case the Deposit shall become non-refundable subject to Seller's City Council 15 —11 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 9 performance hereunder, or (ii) elects to cancel the Escrow, in which case this Agreement shall terminate and the Escrow Holder shall return the Deposit plus any interest accrued thereon to City. If City fails to deliver the Notice to Proceed by the end of the Feasibility Review Period, then City shall be deemed to have elected to cancel the Escrow. 9.5 City shall limit its activities on the Property to those due diligence investigations described herein, 10 UNAVOIDABLE DELAYS. Whenever performance is required of City or Seller under this Agreement, that Party agrees to use all reasonable diligence to perform in good faith; provided, however, if completion of performance is delayed at any time by reason of acts of God, war, civil commotion, riots, acts of terrorism, strikes, picketing, or other labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, governmental requirements, or causes beyond the reasonable control of a Party (other than financial inability), then the time for performance shall be extended by the time of the delay actually caused and the Close of Escrow shall be appropriately extended in order to accommodate such delay. The provisions of this section do not operate to excuse City or Seller from the timely payment of any monies required to be paid under this Agreement. 11 GENERAL PROVISIONS 11.1 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element, 11.2 Further Documents. Both Parties will, whenever and as often as it shall be reasonably requested by the other party, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered such further instruments and documents as may be necessary in order to complete the sale, conveyance and transfer provided for herein, including without limitation such escrow instructions as may be required by the Escrow Holder. Both Parties will do any and all other acts and will execute, acknowledge and deliver any and all documents as may be required in order to carry out the intent and purpose of this Agreement. 11.3 No Recordation. No document or other memorandum relating to the subject matter of this Agreement shall be recorded without the prior written consent and approval of Seller and City. 11.4 Notice. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served and received if given in writing and personally delivered or either deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, or electronically, addressed as follows: DISTRICT Santa Ana Unified School City 1601 E. Chestnut Ave Santa Ana, California 92701 ATTN: Janea Marking, Associate Superintendent, Business Services/CBO Email: janea.marking@sausd.us Telephone: (714) 480-5821 CITY City of Santa Ana 20 Civic Center Drive Santa Ana, CA 92702 ATTN.- Kristine Ridge, City Manager Email: kridge@santa-ana.org Telephone: (714) 647-5654 With a copy to: City Council 15_-12 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 10 With a„copy to: Philip J. Henderson, Esq. Sarine Abrahamian, Esq. Orbach Huff & Henderson LLP 1901 Avenue of the Stars Suite 575 Los Angeles, CA 90067 Telephone: 310-788-9200 Vicente Sarmiento, Mayor David Penaloza, Mayor Pro Tem, Ward 2 Thai Viet Phan, Ward 1 Jessie Lopez, Ward 3 Phil Becerra, Ward 4 Jonathan Ryan Hernandez, Ward 5 Nelida Mendoza, Ward 6 Any notice personally given or sent by electronic transmission shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the business day next following delivery thereof to the overnight delivery service. Any notice given by mail shall be effective three (3) days after deposit in the United States mall. 11.5 Entire Agreement of City and Seller. This Agreement and the attached exhibits constitute the entire Agreement between City and Seller and supersede all prior discussions, negotiations and Agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by City and Seller. 11.6 California Law. This Agreement shall be governed by and the rights, duties and obligations of City and Seller shall be determined and enforced in accordance with the laws of the State of California. 11.7 Attorneys' Fees. If either City or Seller files any action or brings any proceedings against the other arising out of this Agreement, or is made a party to any action or proceeding brought by the Title Company, then, as between City and Seller, the prevailing party shal[ be entitled to recover, in addition to its costs of suit and damages, reasonable attorneys' fees to be fixed by the court. The "Prevailing Party" shall be the entity that is entitled to recover its costs of suit, whether or not suit proceeds to final judgment. No sum for attorneys' fees shall be counted in calculating the amount of a judgment for purposes of determining whether the prevailing party is entitled to its costs or attorneys' fees. 11.8 Waiver. No waiver of any provision of this Agreement shall be considered a waiver of any other provision or of any subsequent breach of the same or any other provision, including the time for performance of any such provision. The exercise by City or Seller of any remedy provided in this Agreement or at law shall not prevent the exercise by that entity of any other remedy provided in this Agreement or at law or In equity. 11.9 Binding Agreement. This Agreement shall be binding upon and inure to the benefit of City and Seller hereto and their respective heirs, legal representatives, successors, and assigns. 11.10 Assignment. Neither City nor Seller may assign, transfer or convey its rights or obligations under this Agreement without the prior written consent of the other Party to this Agreement, and then only if assignee assumes in writing all of the prior Party's obligations hereunder; provided, however, neither City nor Seller shall be released from its obligations hereunder by reason of such assignment. 11.11 Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one (1) document. City Council 15 — 13 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 11 11.12 Captions. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation hereof nor serve as evidence of the interpretation hereof, or of the intention of Parties. 11.13 incorporation of Prior Agreements. This Agreement contains all of the agreements of Parties hereto with respect to the matters contained herein, and no prior agreement or understanding, written or verbal, pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended or added to except by an agreement in writing signed by Parties hereto or their respective successors in interest. 11.14 Disputes. A dispute which cannot be resolved by Parties' representatives shall be submitted to binding arbitration pursuant to the auspices and real estate transaction rules of the American Arbitration Association. The arbitrator's fees shall be divided equally between Parties. If a dispute is unresolved after arbitration, any actions or proceedings arising under, growing out of, or in any way related to this Agreement shall be instituted and prosecuted only in courts located in the County in which the Property is located in the State of California, and each Party expressly waives its right, under part II, title IV of the California Code of Civil Procedure, to cause any such actions or proceedings to be instituted or prosecuted elsewhere. 11.15 Time. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any act or give any notice with respect to this Agreement shall fall on a Saturday, Sunday or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or state or national holiday. 11.16 Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions hereof unenforceable, invalid or illegal. 11.17 Review of Form of Agreement. Submission of this instrument for examination or signature by City or Seller does not constitute an agreement to purchase all, or any portion of, the Property, and it is not effective as an Agreement, or otherwise, until approval, execution and delivery by City and Seller. 11.18 Survival of Warranties, Covenants, and Obligations. The warranties, covenants, and obligations of City and Seller under the provisions of this Agreement to the extent the same have not been fully performed, and excepting those covenants and obligations which have been extinguished by the expiration of a specified period of time, shall survive the Close of the Escrow through which the purchase is consummated. 11.19 Incorporation of Recitals and Exhibits. The Recitals and each exhibit attached hereto are hereby incorporated herein by reference. 11.20 Force Majeure. If either Party is unable, in whole or in part, to perform its obligations under this Agreement, by reason of the occurrence of fire, casualty, unavoidable accident, failure of usual source of supply, strike, labor conditions, lockouts, war, acts of God, the enactment of any Federal, State, or municipal law or ordinance, or the issuance of any executive or judicial order, whether Federal, State, or municipal, or of any other legally constituted authority, or any other cause not within the control of Party claiming relief notwithstanding the exercise of due diligence, City Council 15 — 14 11 /15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 12 Party shall give written notice to the other Party as soon as practicable after the occurrence. The obligations of that Party shall be suspended during the continuance of the cause stated in the notice, which Party shall remedy or remove expeditiously. In such case, the obligations, terms, and conditions of this Agreement shall be extended for the period necessary to compensate for any suspension of performance subject to the terms and conditions herein. ACCEPTED AND AGREED on the date indicated below: Dated: July 12, 2022 Dated: 2022 Santa Ana Unified School District City of Santa Ana By: O-A� By: Name: 1 13W U. Name: Title: �idt & Title: APPROVED AS TO FORM loud IL city Lwow City Council 15 — 15 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 13 Exhibit "A" Legal Description of Property PROPERTY ACQUISITION SANTA ANA ELEVATED WATER TANK A.P. NO.398-151-01 THAT PORTION OF THE LINCOLN PARK TRACT IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFONRIA, FILED IN BOOK 6 PAGE 14 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID UNCOLN PARK TRACT, BEING THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY OF FOURTEENTH STREET AND THE EASTERLY -RIGHT OF -WAY OF FRENCH STREET AS SHOWN ON LINCOLN PARK TRACT, THENCE ALONG THE NORTHERLY RIGHT -CIF -WAY OF FOURTEENTH STREET EAST 603.32 FEET TO THE TRUE POINT OF BEGINNING,' THENCE LEAVING SAID RIGHT-OF-WAY NORTH 26047'S5" WEST79.75 FEETT'O THE BEGINNING OF A CURVE CONCAVE SOUTHEAST>ELRY, HAVING A RADIUS OF 43.00 FEET; THENCE NORTHEASTERLY 67.94 FEET ALONG SAID CURVE THROUGH A CENTRALANGLE OF 90°31'.58"p THENCE NORTH 63°44'03" EAST 57.90 FEET TO THE WESTERLY RIGHT-OF-WAY OF PENN WAY AS SHOWN ON RECORD OF SURVEY 20030MG32795, ROOK 194, PAGE 28-36 IN THE OFFICE OF THE ORANGE COUNTY RECORDER; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 26005'35" EAST 172.27 FEET, THENCE LEAVING SAID RIGHT-OF-WAY NORTH 90000'00" WEST 111.00 FEET TO THE TRUE POINT OF BEGINNING. AS SHOWN ON THE ATTACHED EXHIBIT "C" AND BY THIS REFERENED MAIDE A PART HEREOIF. SUBJECT TO WEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATION, RIGHTS, RIGHT -OF -MAY OF RECORD, IF ANY. CONTAINING 14,412 SQUARE FEET, MORE OR LESS. Legal Description prepared by or under the supervision of: N0J15 1 Eric W. Metz, L.S. 9198: or CA - City Council 15 — 16 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 14 y'441r;rrt rsc, �Ersawa�lErhl� uR+eM tex �trrYerrte iAs NodCMI" *30 i�ie Arr� ea�rua+� � �� Insn�6y rlai �ar.5rtta hirl =MS 6iDsti, Exhibit rrgu Grant Deed 2: A' 19irxie tit irr 1►er 1 tk Or.".mil od"U& ar� # k/RAu N � 11166FF �Ileftxaa x _ ��+�sn+�trrstr�rx�aau�r,. GxANT Orm 'Vlst[,P+191R �t9iV5PDERA'�it1lN�,gfpgg[nAdCh K � i1C�r14H'14i�r .. OMM AAA 1111 FM ; MOOL DIST42 l' C1a,�-�Ner�ir�rnil�tEil�clilf.S;�Nt'�,A�id1A,�l�rpn�ipak�M�or; Ityat3�1e14 LComIj*i1#COW.90Of164d*wOmdAshl[i1YsiY. All thpr: rat rats raei. poperty, Aead'r3hdd $�a ; !$ i ak„ r�ttrslua�. firt'rtr �rnd pedA A PAVC IparW by ...riFtA#tl!]A0. ON SAWA ANA WXYZIED 6Di6i5DL t11MIM l ids, .D� 8rcr■ RIttrt v1 de Sid��1#IiGi4� Number: 19950447766 (jt)i C;nl mcil 15 — 17 11 /15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 15 +4t-eM1..•+4aap.TN � MNiww.,ywa�ra azrh to of.. Cal Iforpi i._ counlyof Orange or, Mobat �rwr�us•R�ar�rw�� ... lows-_- "N".VOWMIM - — pew* lalown lo. m. e.� OR poved. `1* rOA to ft b is d nowsoary 16 b".0w One nanw(s.) Iskro kwmWUOd io ino OM.. Webariha .4MOW Ow aaMO 16 hismet their 401hodilad oapaolto(166)" and tl�a� by blownholt doftwoms) Inswineig tM.. n( )# Or this entity upon behalf Of Which the reon(el M�Mr axbOL�64 the 1184rurme"J COACIVINAMOSYMONIN . -, ., -_. �. .. . IMMMOOPANS TE CW C'1XMEK A111GI�I�f�I1�YF�Al6�'F.#x �P3�4*�P#��4'i���N1Yk M City Council 15 — 18 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 16 AIX tMt tort i3.n tl=M axtu*44 to the otato, of no �Qt I"it— I so.��aei rricanr 44 alaogM :art th €t % of n� . ua tyr ' i a Sol 1 tI+a +ram,. peg a" 'it lw gar l "a4v U Da Nu City Council 15 — 19 11/1.5/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 17 �� :� a. ..ran. � ... ...�. s-,:�.a. ...9...,.,.�.�.�rt•,.,�an.•r=-v e. f9- k by tho deed dal ti 'And itiia1 �I+li Iii ,��. 9ST�1 iE +DY' i of f: milto o� it$ duty ituthaariw ORL01 r. City Council 15 — 20 11/15/2022 Purchase and Sate Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 18 5t4 0 0 THIS 15 A CERTIFIED COPY OF RECORD IF IT DEARS THE SEA MGINIATURE OF THEORANGE COUNTY CLERX-RECORDER, DATE: MM22 CERnFICATION FEE: 5.00 COUNTY CLERK -RECORDER GRANGE COUNTY S rATE OF CAUFORNIA s 0 Document Number: 19950447766 Pace: 5 of 5 City Council 15 — 21 11/15/2022 Purchase and Sale Agreement - Santa Ana Unified School District -City of Santa Ana -Water Tower Site Page 19 Public Works Agency _ www.santa-ana.org/departments/public-works/ Item # 16 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Agreements for On -Call Right -of -Way Board -Up Services AGENDA TITLE: Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for On -Call Right of Way Property Board -Up Services in an Aggregate Amount Not to Exceed $300,000 for a Three -Year Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for board -up services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a three-year term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency desires to enter into agreements with qualified consulting firms to lead efforts to perform on -call right-of-way (ROW) board -up services for vacant buildings on an as needed or "on -call" basis (Exhibits 1 thru 3). On August 15, 2022, the Public Works Agency released Request for Proposal (RFP) No. 22-091, by which it sought the services of a qualified firm for the on -call right-of-way board -up services. The RFP was advertised on the City's online procurement management and publication system, with proposals due on September 8, 2022. Five proposals were received and evaluated by a selection committee composed of staff from the Public Works Agency and the Building Maintenance Division. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking: City Council 16 — 1 11/15/2022 Agreements for On -Call Right -of -Way Board -Up Services November 15, 2022 Page 2 Firm City Rank SLS Property Solutions Santa Ana 1 Hunter Consulting, Inc. Corona 2 Real Estate Consulting & Services, Inc. Lake Elsinore 3 Staff recommends awarding a set of contracts to Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. to provide as -needed services for right-of-way acquisition projects that require board -up after the City takes possession of vacant buildings and secures the properties or capital improvement projects (CIP). Their proposals demonstrated that they have the necessary capacity and expertise to complete the required scope of work. The firm rates are reasonable and within industry standard; the team qualifications are appropriate, and the proposal was determined to provide the best value for the City following evaluation. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The following table summarizes the projects with funds budgeted and available for as - needed expenditures on the On -Call Right of Way Property Board Up Services to be provided by the agreements in Fiscal Years 2022-2023 and beyond: Accounting Unit - Fund Accounting Unit - r Year ea Account No. Description Account Amount (Project No.) No. Description Measure M2 03217663-66220 Measure M Competitive, 2022-23 (18-6901) Street Improvements $50,000 Construction Other Than Buildings Measure M Measure M, 2022-23 03217662-66220 Street Improvements $25,000 (23-6900) Construction Other Than Building 2022-25 1 Various RRNTP Various $225,000 Total $300,000 City Council 16 — 2 11/15/2022 Agreements for On -Call Right -of -Way Board -Up Services November 15, 2022 Page 3 Any unused agreement amounts may be utilized by projects not listed above by following the established on -call services process during FY 2022-23 and for the remaining agreement term. CIP Engineering may also utilize operating funds in the Contracts Services — Professional Accounting Unit (08617613-62300) under these agreement. Prior to utilizing the on -call services for any future task orders without accounts identified above, City staff must receive the Finance and Management Services Agency approval of project activities to be used to ensure funds are available and under the shared $300,000 aggregate total for each contract. 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. EXHIBIT(S) 1. Agreement with SLS Property Solutions, Inc. for On -Call Property Board Up Services 2. Agreement with Hunter Consulting, Inc. for On -Call Property Board Up Services 3. Agreement with Real Estate Consulting & Services, Inc. for On -Call Property Board Up Services Submitted By: Nabil Saba, Executive Director of Public Works Approved By: Kristine Ridge, City Manager City Council 16 — 3 11/15/2022 AGREEMENT WITH SLS PROPERTY SOLUTIONS, INC., TO PROVIDE ON -CALL RIGHT OF WAY PROPERTY BOARD -UP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 15th day of November, 2022 by and between, SLS Property Solutions, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 15, 2022, the City issued Request for Proposal (RFP) No. 22-091, by which City sough a contractor having special skill and knowledge in the field of. board -up services after City takes possession of vacant buildings to secure the properties for Capital Improvement Projects (CIP) for the proposed On -Call Right of Way Property Board -Up Services. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-091. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-091, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of three (3) contractors selected to provide services on an on -call basis under RFP 22-091. The total compensation for services provided by all contractors selected under RFP No. 22-091 shall not exceed the shared aggregate amount of Three Hundred Thousand Dollars and Zero Cents ($300,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper 10 #199%4Council 16 — 4 11 /15 022 invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one M-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. 10 #199%4Council 16 — 5 11/15 022 a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, 10 #199%4Council 16 — 6 11/15 022 or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide claims -made coverage: i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory 10 #199%4Council 16 — 7 11/15 022 endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and 10 #199%4Council 16 — 8 11/15 022 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 Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, 10 #199%4Council 16 — 9 11/15 022 promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject 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) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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 or remedy. No waiver of any breach, failure or right, #19 ouncil 16 — 10 11/15 02 10 or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 10 #199%4Council 16 —11 11/15 022 To Contractor: Sarah L. Strader President SLS Property Solutions, Inc. 919 E. Santa Ana Blvd. Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Kristine Ridge Clerk of the Council City Manager [signatures continued on next page) 10 #199%4Council 16 — 12 11/15 022 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency #19793v4 CONTRACTOR: n t1 L. Page 14 of 10 City Council 16 — 13 11/15/2022 EXHIBIT A City Council 16 — 14 11/15/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL PROPERTY BOARD -UP SERVICES RFP NO. 22-091 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified Right of Way Specialty firms to provide On -Call Property Board -Up services on an as -needed or "on -call" basis. It is the City's goal to select two or more firms to enter into an agreement(s) with to provide as needed right of way acquisition to widen the street and board -up after City takes possession of vacant buildings to secure the properties for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to street improvements. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • Board -ups shall be in accordance with the USFA National Prevention Initiative Board - Up Procedures. • Board -ups to secure buildings may be ordered by the City's authorized property management consultants or City personnel. The order shall be done in verbal and may require immediate board -up or may require field meetings to discuss scope of work and fees. • Board -ups shall be completed within 24 hours of request. • Perform other duties as assigned to secure buildings completely and creatively. Sample Fee Proposal Contractor shall submit a fee proposal as described below in a sealed fee envelope. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. • Sample locations for fee proposals are: City Council city or Santa Ana y6H 2 f-pi 11/15/2022 Page Al-1 o 2246 Orange Ave (n/w corner of Warner/Orange) o 2245 S. Main Street (Arco Gas Station) o Provide brief description of methods and materials used to secure the building • Fee to re -board on emergency request and/or 24 hour basis. Board Up Procedures: The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. Materials List and Specifications SECURITY MEASURES 1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particle board, wafer board, masonite, or other similar material shall NOT be used for purposes of boarding -up a building. 2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3. The structure shall be posted with a NO TRESPASSING sign at the completion of the board -up. 4. Commercial property with full windows or glass fascades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. ONLY Interior Boarding shall require black -out of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star -drive head screws. MATERIALS 1. Plywood, 1/2" (4 ply) exterior grade CDX 2. Braces - 2" by 4" by 8' (or longer) construction grade lumber City Council city or Santa Ana y6H 1 f(�)yi 11/15/2022 Page Al-2 3. 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4. 3/8" (coarse thread) construction grade nuts 5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7. Combination of 2"-3" deck nails and 2"-3" Star -drive screws; T-20, T-25, etc. BARRIER ASSEMBLY 1. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door. 3. Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 4. Door Assembly — Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the door frame. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 5. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6. The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening. 7. Garage Door — the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case by case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed. City Council amity or Santa Ana y6H gVgi 11/15/2022 Page Al-3 WINDOW BOARDING SPECIFICATION D I__________________--_______ A � � y I 1 I 1 I 1 I 1 I 1 3 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 A I I I I 1 ----------------------------- WINDOW - OUTSIDE VIEW NOTES: 1/2" CDX PLYWOOD CUT TO TO COVER WINDOW OPENING SECURE TO STRUCTURE WITH 1-518" (6D) GALVANIZED NAILS 2 X 4 BRACE CUT TO OUTSIDE DIMENSION OF WINDOW,TRIM 2 X 4 BRACE CUT TO SIZE OF PLYWOOD 3/8" CARRIAGE BOLT 12" LONG/COURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5. BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. City Council City of Santa Ana 6 gF 2�6091 11/15/2022 Page Al-4 IT 1 DOOR BOARDING SPECIFICATIONS 1Ir COX PLYWOOD CUT TO FIT AGAINST DOOR BAND MOLDING OR OUTSIDE OF DOOR FRAME r---------------- ------I 1 1 1 1 1 1 1 I 1 1 1 1 • TOP • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • CENTER • t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • BOTTOM 1 1 1 1 1 1 1 1 L-------------------- —1 DOOR - OUTSIDE VIEW NOTES: 2 X 4 BRACES CUT TO SIZE OF PLYWOOD VC.OPLYWOOD CUTT C TO COVER DOOR FRAME AND MOLDING 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I B07T04 BRACE • Opnof L \_3/8' CARRIAGE BOLT ---j 1 1 WITH 1/rWASHER DOOR - INSIDE VIEW REMOVE TRIM AS NECESSARY TO ELIMINATE PRY POINTS I LONG 31V CARRIAGE BOLT WITH 1rr WASHERS _ ON BOTH SIDES I 1. IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL) 6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/213 (SEE DIMENSION LOCATIONS ON DRAWING) City Council L;Ity or Santa Ana y6H 1 fqjyi 11/15/2022 Page Al-5 7. USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS. BRACE AND CARRIAGE BOLT SPECIFICATION 12' CDX PLYWOOD 3/8' USS STANDARD FLAT WASHER BRACE CONSTRUCTION GRADE NUT COURSETHREAD .xo VL' COURSE THREAD ROUNDED HEAD NOTES: 12' USS STANDARD FLAT WASHER ROUNDED HEAD OF 318' CARRIAGE BOLT ON WEATHER SIDE OF OPENING 3/8'HOLE IN BRACE AND PLYWOOD-- PRE -DRILLED DURING FABRICATION 1. USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE. 4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. City Council City of Santa Ana Tgl 21(�91 11/15/2022 Page Al-6 WINDOW ASSEMBLY MATERIALS REQUIRED PER WINDOW 1 - 1/2" CDX PLYWOOD SHEET -CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD 4 - CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X 4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) DOOR ASSEMBLY MATERIALS REQUIRED PER DOOR 1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) 6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD - 3 CUT TO WIDTH OF INSIDE PLYWOOD 1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (ND): NUMBER OF DOOR BRACES REQUIRED: (ND X 6) NUMBER OF BOTTOM BRACES REQUIRED: (ND) CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) CARRIAGE BOLT ASSEMBLY MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY 1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE) 1 - 3/8" USS STANDARD FLAT WASHER (INSIDE) 1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: (Bw + BD) City Council City of Santa Ana T19P 211091 11/15/2022 Page Al-7 CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities City Council City of Santa Ana Tgl 21 f91 11/15/2022 Page Al-8 EXHIBIT B City Council 16 — 23 11/15/2022 LuIation Ex( - eIIenrr STATEMENT OF QUALIFICATION City Council 16 — 24 11/15/2022 � ",I.II/,i He) � i 1 I I II(lNA. IN[. Suluriurf E%cellerrre COVER LETTER SLS Property Solutions, Inc. (SLS) is a Santa Ana based company that has worked with the City of Santa Ana on several contracts with several City Departments. SLS provided board -up services for the Bristol Street Widening and the Warner Street Widening projects. We have performed these services in conjunction with right of way firms as well as from City staff. SLS is partnering with Monument, Inc. (Monument) for any right of way services. They are also familiar with working with Santa Ana as they are currently working with the City on the Warner Avenue Widening Phase II, Bristol Street Widening Phase 3A & B, as well as the Grand Avenue Widening Project. SLS is a California Corporation registered in Santa Ana, California. SLS is also registered with the Department of Industrial Relations and our number is 1000020317. We hold a B — General Contractor, and a C21 — Demolition license. Our State Contractor's License number is 1003066, Monument is also a California corporation and a certified Small Business as well as a Disadvantaged Business Enterprise CUCP #46456. We have no exceptions to the proposed contract. Sarah L. Strader is the President of the corporation and is able to make legally binding commitments for the entity. She can be reached at 714-496-8699 or via email at sarah sls ra ertsolutions.com. r ara L. Strader ❑a City Council 16 — 25 11/15/2022 FIRM AND TEAM EXPERIENCE SLS has been providing board -up services for a wide range of public and private clients for nine years. We provide contracted board -up services for Santa Ana Code Enforcement, Long Beach Fire and Police. City of Ontario Community Improvement Department. and for the Bristol St. and Warner Ave. projects. Our board -up work for the Bristol St. and Warner Ave. projects had us board -up residential and commercial buildings. We are aware how quickly this type of property needs to be secured and are fully prepared when mobilize to the site. Sarah Strader is the President of the company and has eight years of in -field experience. Sarah oversees the office however. goes into the field when needed. Paul Strader is the Vice President and has nineteen years of board -up experience. He manages field assignments and provides quotes for our jobs. He also assists the field when needed. SLS has four employees and provide prompt service when called. Daniela Borbe is a Project Manager with Monument. Inc. She is currently providing services for the City of Santa Ana on the Bristol Street Widening Phase 3A & B, Warner Avenue Widening Project Phase II, and the Grand Avenue Widening Project. She has extensive experience inworking with other agencies such as the Orange County Transportation Authority. Monument has extensive staff that will assist when needed ❑aniela will be our point of contract for any acquisition, relocation. or closing work. Resumes are provided at the end of this response. City Council 16 — 26 11/15/2022 ORGANIZATION CHART Sarah Strader Point of Contact Schedules Board -Up Work Schedules All Subcontractor Work Percentage of time for this project is 20% Paul Strader Paint of Contact for Quotes Schedules Board -Up Work Percentage of time for this project is 15% SLS Staff SLS Staff is who will be performing the actual board -up services Daniela Borbe Provides Right of Way Services Percentage of time for this project is 15% City Council 16 — 27 11/15/2022 UNDERSTANDING OF NEED The City of Santa Ana is improving and widening some of it's major streets. This contract provides necessary services to accomplish the City's plans. Right of Way is necessary because residents and businesses will need to be relocated. This will be accomplished with Monument's services. They will be providing a survey of businesses and residences that will be impacted by the improvements. They will then provide the City with that survey and begin the appraisal process. Once the appraisals are completed, then the acquisition can begin. Once the City approves all these steps, negotiations for the purchase, and relocation starts. Once properties are vacant. SLS will be notified. We will visit the site, take measurements of all openings. Before pictures are taken at this time. Some times specific requests are made for the board -up as in a door being re -keyed with the City's master key. Or. a combination padlock may be required and set with the City's master code. Once the measurements are taken, a quote is prepared and sent to the Project Manager. SLS begins preparation of materials at this time. Once we receive the Notice to Proceed, SLS is ready to locate to the site and ready to work. When the board -up is completed. after pictures are taken. The invoice is prepared and we attach all the before and after pictures of the work. City Council 16 — 28 11/15/2022 REVELANT PROJECT EXPERIENCE City of Santa Ana Contract A-2017-219 SLS Property Solutions is the lone contractor allowed to bid on board -up services of residential and commercial properties being purchased to widen Bristol Street and Warner Blvd. The board -up scope of work is similar to the one requested in this RFP. We have secured numerous buildings under this contract. Because we are in Santa Ana, we have also been able to mobilize quickly to provide emergency board -up work when a property is broken into. SLS has been available to allow entry to City employees or other City contractors and then resecure when work is completed. We have resecured properties and have. on numerous occasions, removed illegal persons. SLS has also provided weed abatement services on some of these properties which required the use of hand tools. The work is scheduled through a right-of-way firm or through the City's David Ramirez. Staff that works on this project is Paul Strader, Jesus Guevera, Albert Hernandez. and Sarah Strader_ Santa Ana Code Enforcement (2nd Contract for a five year term - new) SLS Property Solutions currently provides trash, rubbish and sanitation abatement and board -up services for Santa Ana Code Enforcement. We have provided numerous board -up services and have removed homeless debris along a rail right-of-way. We understand what Code Enforcement officers expect and provide prompt and professional service. With our office in Santa Ana, we are able to provide the services well within the one hour time requirement. Sometimes, we are given the "heads up" from a Code Enforcement Officer that our services are needed at a particular time or if delayed because of warrant City Council 16 — 29 11/15/2022 delays. or processing the site. we are always prepared when the call arrives for us to proceed with the requested work. Staff that has worked on this contract are Paul Strader. Jesus Guevera. Albert Hernandez. and Sarah Strader. City of Ontario Community Improvement (2nd Contract 3 year term - new) SLS provides on -call board -up and debris removal services for the City of Ontario Community Improvement Department. These services have been performed for three years This contract is for work with Community Improvement however, it also includes emergency board -ups for the Ontario Police and Fire Departments. We have a two hours window in which we are required to be on site. With this contract staff has removed debris from residence that required a low -side 18 wheel dump truck. We sorted the items that could go to the dump and the hazardous material that could not. SLS also provided a portable toilet for staff. Also, we cleaned an office building owned by the City of Ontario that contained homeless debris and a great deal of biohazardous waste_ We are also called by the Community Improvement Department to secure properties that have not been secured by the owners. Weed abatement services were provided for large acreage parcels where the owners were not in compliance. Staff on this contract is Albert Hernandez. Jesus Guevera, Paul Strader, and Sarah Strader. City of Long Beach (2nd Contract 5 year term — new) We currently provide board up services 24 hours a day for the City of Long Beach Police and Fire Departments. Our typical arrival time from Santa Ana after a call is received from the police and fire dispatch center to the site in Long Beach is less than one hour. Since October of 2013, SLS Property Solutions. Inc., has been providing board up services for the Long Beach Police and Fire Departments. In 2016, the City of Long Beach issued an Invitation inviting Bids. SLS Property Solutions was City Council 16 — 30 11/15/2022 successful in winning the bid. We are currently on our second contract providing these services. Long Beach Public Works, and Long Beach Code Enforcement are utilizing this contract too. When we arrive on site. a police officer is usually on scene. When it is a fire call, we check in with the Battalion Chief or a Captain. As previously stated, our response time is less than one hour responding from Santa Ana. The requests for service are varied from securing a door or window after a break in of a house or business, securing an entire house after serving a search warrant and the house was tear gassed, vehicles in building, securing houses or businesses after a fire, or securing a tunnel that runs under Ocean Blvd. SI_S staff that works on this contract is Albert Hernandez, Jesus Guevera, Paul Strader. Santa Ana Police Department (No Contract) We provide board -up services for the Santa Ana Police Department. We do not have a contract with the Police Department however, they have come to rely on us when a responsible party is not available. For this work we invoice the tenant of the space or the property owner. This arrangement has worked very well for US and Santa Ana Police. We provide the tenant/owner before and after pictures with the invoice. This allows them to provide information and pictures to their insurance company. Staff that works these calls is Jesus Guevera, Albert Hernadez, Paul Strader, and Sarah Strader (AW City Council 16 — 31 11/15/2022 REFERENCES City of Santa Ana A-2017-219 David Ramirez 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 Telephone: 714-647-5641 Cell: 714-713-0555 Email: dramirez@santa-ana.org City of Santa Ana Code Enforcement Yvette Portugal 20 Civic Center Drive Ross Annex Santa Ana, CA 92701 Telephone: 714-667-2780 Cell: 714-504-6558 Email: yportugal@santa-ana.org City of Ontario Community Improvement Department Dave Bucholtz Community Improvement Supervisor 208 W. Emporia St. Ontario, CA 91762 Telephone: 909-395-2302 dbucholtz@ontario.gov City of Long Beach Leslie Bruce Police Department Finance Administrator 400 W. Broadway, 2116 Floor Long Beach, CA 90802 Telephone: 562-570-5391 Cell: 562-619-1332 Email: Leslie.Bruce@longbeach.gov City Council 16 — 32 11/15/2022 1I.1 11N() I•I Ii1 ) ()II itr1�.'._ INr Salufiun txcelfeace SCOPE OF SERVICES AND SCHEDULE City Council 16 — 33 11/15/2022 I • i ..1,•, ., .': rI r I i I i l r SCOPE OF SERVICES AND SCHEDULE: Monument Inc. Daniela Borbe will be handling the closing and escrows for this RFP. Ms. Borbe is currently providing services for the City of Santa Ana and her resume is attached. She has 20 years of experience in the Real Estate and Right of Way field. SLS Property Solutions, Inc, (SLS), will be providing the board up services. SLS has provided board up services for the Bristol Street and Warner Street projects in the past. We are familiar with and have reviewed again, the USFA National Prevention Initiative Board -up Procedures. Board -tap work does not have phases versus a long- term build or demolition project. The tasks include accepting the notice to proceed, preparing materials to be used on site, site work, taking before and after pictures of the work area, submitting an invoice with pictures. We can work directly with City staff or with the City's property management consultants. We can mobilize to the site and have the work completed within 24 hours of the notice to proceed. Our staff is trained and familiar with the process t❑ completely board up any property type. City Council 16 — 34 11/15/2022 1 1 1' !i i) 1' 1. ii 1) A () 1 � 1 1 [! \ S. 1 l i SeImtion ExeeIIrace RESUMES City Council 16 — 35 11/15/2022 Sarah L. Strader PROFESSIONAL SUMMARY Owner of SLS Property Solutions. Inc. work and control all aspects of day to day operations. Developed Request For Proposal (RFP) templates and professional services templates. • Responsitile for updating existing RFP. design and professional service templates • Modified Purchasing Agreement templates to include more stringent contract language. • Experienced in managing all phases of procurement functions for Invitation For Bids (I FB) and RFPs for large public entities. High level of knowledge of California Public Contract Code, procurement principles. • High level of knowledge of Federal Transportation Administration and Federal Highway Administration requirements for procurements. EXPERIENCE: SLS Property Solutions, Inc. September 2015 to Present • President of SLS Property Solutions. Inc. from August 2C311 • Worked in all aspects of the business • Respond to any type of call that comes into the office In charge of all areas of the office and functions including invoicing and Accounts Receivable collection. • Prepare responses to proposals and bids • Hires employees and is responsible for payroll reporting Orange County Sanitation District August 2011 to September 2015 • Senior Contracts Administrator — Developed RFP templates for the Planning Department. Also developed Task Order Contract templates. • Managed multi -million dollar plant rehabilitation projects and external collections projects from design through construction_ • Exclusive Contracts Administrator for the Planning Department for RFPs and Task Orders Developed procurement policies and procedures for Planning's RFPs and Task Order processes. • Planned an outreach event for Architectural and Engineering firms to get to know the Sanitation District. Orange County Transportation Authority Qctober 200? to August 2077 Senior Contracts Administrator— Managed procurement operations including creation of RFPs and IFBs for a wide variety of goods and services related to construction projects. Contracts Administrator for a $200 million grade separation program from project inception, through the procurement and award phases, and on -going contract administration. Primary responsibilities include contract development and contract compliance. Work with consultant staff to ensure regulatory and contractual compliance Work with project partners; California State Department of Transportation, U.S. Department of Transportation (Federal Hignways and Federal Transit Administration) and cities to ensure compliance with existing agreements and overall project goals. Provide contract interpretation and research utilizing Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) guidelines. Provide external review of procurements for FTA compliance for cities and receive FTA funds from OCTA. CAM City Council 16 — 36 11/15/2022 Paul B. Strader, RPA Professional Experience Paul Strader came to SLS Property Solutions, Inc. from Real Estate Consulting & Services, Inc. {REC&S) and the Trammell Crow Company, He has over 25 years of experience as a property manager, and has managed office, industrial, retail, and residential properties. While at Trammell Crow, he was responsible for planning and implementation of operational procedures, accounting, and maintenance service delivery for his portfolio. In addition, he developed policies and procedures, work order systems. and operational service delivery for the Los Angeles Unified School District (LAUSD) New School Acquisition Program Phase I. While at REC&S he managed the Los Angeles World Airport (LAWA) Sound Mitigation Program Property Management, projects for the Community Redevelopment AssocratiOniLos Angeles (CRA/LA), and managed properties for City of Santa Monica and provided services for many other clients. SLS Property Solutions, Inc. 2013 to Present City of Sarnia Ana SLS property Solutions, Inc. {SLS} provides board -up services for the City of Santa Ana's Bristol Street and Warner Street widening projects. Parts of these projects are overseen by Paragon Partners and Overland, Pacific, & Cutler. This is providing board -up of residential and commercial properties with very specific board -up specifications. City of Long Beach SLS Property Solutions, Inc_ has a contract with the City of Long Beach to provide on-ca11124 hour board -up services for Long Beach Fire Department and Police department. This requires securing commercial or residential properties on an emergency basis. Response time is within an hour. City of Santa Ana Code Enforcement SLS has a contract with City of Santa Ana Code Enforcement to provide board -up services. Our services are required when the property owner or business owner is not responsive. This includes individual windows or doors to whole homes. Commercial properties are secured as well. We have a contractual time in which to respond_ overland, Pacific, & Cutler, Inc. SLS Property Solutions, Inc. supports this Client with activities which include bidding, hands on field work including maintenance services for properties managed by Overland, Pacific, & Cutler, Inc„ and for its clients. Some of our services that we have provided to Overland, Pacific and Cuter are designing, and installing approximately 1,000 lineal feet of security fence vacated Los Angeles County Court House in Downtown Long Beach. SLS Property Solutions also provides repairs to plumbing and heating systems in apartments in Glendale, and roof repairs, drywall repairs, painting, fabricating and installing water heater security cages, for apartments in Long Beach, and whole house board up services to properties in Bakersfield for a highway widening project, and numerous property inspections. Education 8.S - Accounting, Mississippi State University Professional Registrations CA B and C21 Contractors License — 986351, Building Owners Managers Association - RPA (Real Property Administrator) RMO license for SLS Property Solutions, Inc.,1Qp3066 Hazwoper Cert. #36991, RRP Cert. R-R19157-16-00395 FL General Contractors License CBC1259025 Utah General Contractors License 10545829-5501 SLS Property Solutions, lnc., Tenure 7 Years, Industry Tenure 32 Years City Council 16 — 37 11/15/2022 Selerriuii Excellence CERTIFICATIONS City Council 16 — 38 11/15/2022 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid. and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner. directly or indirectly, sought by agreement, communication. or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, subrrdtted 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 si ature rtion thereof s 1 als onstitute signature of union Affidavit. BIDDERS are cacti nil that r�ikiytg lse to su ject the certifier to criminal prosecution. Signed State of CvA46i:64 LR#-fltr County of 5 is rt M rr Subscribed and sworn to (or affirmed) before me on this I day of J'­U 1 , 206k�, by !;arct H proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ary sgnature Notary Public Seal GREG FLINT AVOTARYPUBLIGSTATE OF UTAH ffl�) COMMISSION EXP. 0311612025 COMMISSION NO. 717363 City of Santa Ana RFP Page A3-1 City Council 16 — 39 11/15/2022 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief. that; No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any federal contract, the snaking 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 any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such fai lure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification he included in all lower tier subcontracts, which exceed $100.000 and that all such sub recipients shall certify and disclose accordingly. Firm Signt Title Date City of Santa Ana RPP Page A3-2 City Council 16 — 40 11/15/2022 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 for employment because of race, color, religion, sex, or national origin, The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed 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 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 commitments 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 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Consultant 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 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 ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965. and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965, or by rule. regulations. or order of the Secretary of Labor, or as otherwise provided by law. 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 City of Santa Ana RFP Page A3-3 City Council 16 — 41 11/15/2022 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 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 Stats. 1939. and as amended, No discrimination shall be made in the employment of persons upon public works because of race. religious creed, color, national origin. ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is suAiect to all the penaltie,# imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP gage A3-4 City Council 16 — 42 11/15/2022 I Appendix A* FACHMENT 3-1: NON -COLLUSION AFFIDAVIT �. CERTIFICATIONS NON -COLLUSION �[DAvI_r [ 1-itie 23 United States Code. Section 112 and Public Contract Cade Sectit>n 71 tlb; rn the CITY OF SAINTA ANA DLPAR I MEXI OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and PUbliC Contract Code 7106 the BIDDER declares that the hid is not made in the interest of. or on lkhalf ol: any undisclosed person. partnership. compan%-. association- organization_ or corporation: that the hid is genuine and trot t:ollusive or sham: that the BIDDF..R has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham hid. and has not directly car indirectly colluded, conspired. connived or agreed with any BIDDER or anyone else t0 put in a sham hid. or that anyone shall refrain from bidding. that the 1316DER has not in any manner. directiv or indirwi�_ sought by agreement. communication. or conference with anyone to fix the hie[ price of the I3IIxviz or any BIDDER. or to fix any overhead. profit_ or cast element o-I'the bid price. or nl that of Mtn% other BIDDER. or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract: that all statements contained in the bid are true: and. further. that the BIDDER has not. directly or indirectly. submitted his or her bid price or any breakdown thereof or the contents thereof. or divulged iniortnation or data relative thereto- or paid. and will riot pay. any fec to any corporation- partnership. cornpajry association. organization. bid depository. or to any member or agent thereof' Lo 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, BIDDL:RS arc c tionc eat making a false certification may subject the certifier to criminal prosecution. Signed a State ol'Cal iforifla [.ounty <)f Orange subszribcd and s�%onr to for aftimied) befoTv me on this 11 day of July 1-022 by Amber Costello proved to me un the basis of satisfactory z4idetrce to be before mc_ theperson(s) who appeared Notary Public 5ij arurc Notar7 Public sea! Crty of Santa Ana RFP - Page A3-3 City Council 16 — 43 11/15/2022 Appendix ATTACHMENT 3-2; NON -LOBBYING CERTIFICATION CERTIFICATIONS Ile prospective pai2iCipanl Cenil ies. by sigrlilig alld submitting this llid or prraposlll. to the lost of hi!!, al Ilcr l.iiml lcdgc and Belief: that: i. No federal appropriated tiulds It;►ve been paid or gill lx paid, by oron hehaIt'ol'tiie trncicrsi�!lic I. to ;illy person t6r inducil ing or atterlipting to Illfluence 8r1 officer or erllplovec o ally lWcrdi agency. a Me tlber of Coiigress, an officer or clllplvi +:v U cullgivss. or all Uniployce Ufa mCltlilcl' of Coligi-css ill connection with the awarding cif any Federdl contract. the making of am federal grant, tllc making Man,, federal loan. tile. entering into of any i tooperativc agreement, anti the c\1en311111, Cont ill uatioll. rr nra�al. antrncfinem. or niodilicatioll of,rny federal contract. grant. loan, or cooperrltivr aprceillcrlt. 1 if ,tnN funds other t}late feadcral appropriated binds have been paid or will he paid it) any person tiler intlueneing or attempting to illlluence any olficer or empialyec of an} tideral agency. a :Mcniher• of Congress. an officer or elrlgloycc alf'Congress. or an employee of a Ivlamber in catlllectiolt with Ellis I;deral contract. grant loan. loan or cooperative agreement. the tllldcmigned Shall complete and stibrllit a -Disclosure of Lobbying Activities". I fli, vcatilicattion is a material repreNenwtion (ll'fUt 011011 Which reliance was placed where this trzulsaleticm wars nettle or entcrcd inttl, SubniisSicm ot'lllis certification is a prercytiiaite for marking, or entering into this transaction imposed by Setilion 13a'1. 'Title 31. 1_ . S. Code. Ail) ywrion who fails Io file the rcaluired certif icalialll s1ta11 he Subject to a Civil Venally 01"'Ot less than % 1(1a000 :and riot metre plan $100,000 fi)r cash Stich failulti. I he lWs,aNCWt c palticiplant ai}t1 agrees by Wbmiuing his or her hid or proposal thal lie all- s}ac allall rcgoirc that Ells: laulgu.tue of Ellis eartil'iealion be included in all Irnver tier subcontract,. which exceed $ I00.000 and thast all Such Still recipient~ steal I ccttifY and disclose acceirdingty_ I i17t: Monument RQ1N Signed flied Priiued Name -1 itIv President i:3at, 7/11 /2022 Ammer Costello City of Santa Ana RFP Page A3-2 City Council 16 — 44 11/15/2022 ._ _ _ _ _ Appendix ATTACHMENT 3-3: NUN -DISCRIMINATION CERTIFICATION rr•.r�Yr w-rc,�Tr«lv,� Ilk' Lnttler,igllCcl CLIHSLalt.tnt ill- CLlt'IH01111e 01'111ti=r. during the pert'W-nia ace of this contraLt. ecrtilies as I lie C'onsultanl ;hall not discrimi[late dgLlirltit ally enlplcsyea or applicant lilr rr11pI()Niljelit het:rrLJSt~ of race. Color. rcligion. Ne ;. or 11,11ional orititl, -1 ]tt: Consi ltant shall take €ltfirmatit c action to entiurc IJML apf>licanLS acre enlployod. an:] lhal employces are treated during elilplLIylllent without. rega,fd t(+ their race. color. relighm. sex_ Or nationall uri--ill. Such action snail include, Kll 1101 he limited it), the lil]linA in0S111iIl+Yllaellt. upgrading. cicrnclticlrt. or transfer: rec:rtlitnlerlt or NCruitlnint advertising: I;i�cll'l' or termillation. ratek, o" rax or other 1 1mis of compenSatilln; and SCICCti011 I'or training. illehkling a11111—c ltiueship. The C'011h tltant agrees to p05t in C011Spieuouti plUCCS. available tcti elnllloyccs and applicants 1i+r enllllo\ment. notices it) be provided setting forth the pruvisiclns of this nondiscritnina3t'on CIaL[W. 2. [lie C (II1'LlltaalL ~hall. in all solicitattions or ltclvertisenicntt far empin!ees platted by or On behall'nl' the ( 0115Li1ta11. State that all qualified al3pliCWlti vvill receive 161- 071pIOY11lent Withllul regard to rat". color. religion. sex. or national origin. l he ColasulLaIlL Shall selld tl} each lahor urtic,rt or representative of workers with which he/she has at collective bargaining agreerllerlt or other contract or understanding. a notice to he provided radvising the said labor union or �korkers' representatives of the Consultant's conlillitments under this; section. and shall post topics of the notice ill conspicuous places available to employees and applicants For Lmploynaent. 4. '1 lie C onsulLant shall comply- with all provision, of Execrative Order l 124€1 of September 24. 1965. and oFthe rules. regulations. and reie:vant orders of the Secretary of Labor. 5. 1-lie Consultant shall Cornish all information and reports required by EXCCUti4t Order 11246 of' September 24. I965. and bV rules. regulations. and orders of the Secretary of Labor. or pursuant thereto. and will pel-tllit access to his/her books. records. and accounts by the administering agenc4 .and the Secretary of Labor for pLlrposes of investigation. to ascertain compliartce with such rules, regulations. and orders. ta. Ill the event of the Consultant's non-compliance with the nondiscrimifiat ion cletuses of this contract or with any of the said rules. wiuttutions. or orders. the contract may he canceled, icrminatted. or suspended in whole or in part and the (Consultant may be declared ineligible for further Ciovcmincnt contracts or federally assisted construction contracts in accordance with procedures authorized in Fxecutlon Order 11246 of September 24. I905, and such other sanctions may be inapoicd and rernedies invoked as provided in EXCCutive Order 11246 of September 24. 1965. or by ruie. regulations_ or order of Lhe Secretary of l.ahor. or as otherwise provided by late•. The Consultant shall include the portion of the sentence immediately preceding paragraph ( I ) and the provisions Ell'paragraphs (1 ) throu,h (7) in every- Subcontract ar Purchase order unless exempted Cty of Santa Ana RFP Page A3.3 City Council 16 — 45 11/15/2022 hV rules_ regulations. or orders of the Secretar; Of Lahrrr issued pursuant to Section 204 ofI:Accutive Order l 1246 of September 24. 1965. so that such provisions will he binding upon each subcontract or Purchase order as the administering, agency may direct as means of' enforcing such provisions. UICIUding sanctions for rioncoiltpliancc: prttG'ided. llowevor, that in the event the Consultant becomes in�csl�cd in_ 0[ is threaLened With. liligation with a Mih-consultant or vcndor as a result of such direction b� the administering agency, the Consultant snag request that the UniLed States enter into suzh litiaatioll to protect the interests ofthe United States- N . AffSUlttlt to California Labor Code Section 1735, as added h) Chapter 64J Staffs. 1939. and as a[IICitdCd. o disc'rin]ination shall he Illa& In the ernplo-went of persons Minn ptihiic works because of race. I'Oh"i ]LIS creed. color. national origin_ anccstry, physical handicaps. [rental condition. marital StatuS. or scx 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 1c�r a violation of the Chapter. Signed: c lisle: Amber Costello, President Firm: Monument ROW Date: 7/11 /2022 Ci�y of Santa Ana RFP Page A3-4 City Council 16 — 46 11/15/2022 EXHIBIT C City Council 16 — 47 11/15/2022 Y1 S L S PROPERTY .SOLL'7'l(l.N'S, INC. Solrlion Excellence FEE SCHEDULE: Page A1-2 provided two addresses to provide a bid to the City. The address: 2246 Orange Ave. [n/w corner of Warner/Orange] and 2245 S. Main Street (Arco Gas Station) have been demolished and are not available to provide a quote. However, based on the requirement of prevailing wages, and the USFA board up standard of using Y2" CDX, 12" carriage bolts and galvanized ring shank nails we can provide a price per door and window. Price Per Door: $573.00 Price Per Window: $406.00 Assuming an average size house of 1,400 square feet, you might have two doors and 12 windows. An average cost to board this house up using the above standard would be $6,018.00 919 1,AS7'S,-J.NI f AVA Bor-7l.E ARI), SANTA,1N i. CA 92'701 df'fI'ii'.�I.LPlT!]ns.'u��r1r r'�'rr�A.•c• r-rya. City Council 16 — 48 11 /15/2022 MONUMENT RIGHT-OF-WAY 2022 HOURLY RATE SCHEDULE Right of Way Management & Implementation Program Manager / Principal Senior Project Manager Senior Utility Project Manager ROW Project Manager / Utility Project Manager Utility Coordinator Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst Acquisition Agent / Relocation Agent Project Coordinator/ Researcher Admin Professional Staff Project Support Specialist $250.00 per hour $1SO- 00 per hour $180.00 per hour $155.00 per hour $105.00 per hour $125.00 per hour $105.00 per hour $90.00 per hour $80.00 per hour $70.00 per hour The above hourly rates are exclusive of local travel/miieage, photocopying, first class postage and overnight courier service. These expenses including out-of-pocket expenses such as pre -approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unlees otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+1o95). In the event Monument is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two times the regular hourly rates. In the event this contract extends twe€Ve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (S%) per annum, compounded annually, on the anniversary date of this contract. Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge. Monument will submit monthly invoices for the professional and trade services rendered basal on the hourly rate schedule provided above. The client shall promptly pay the uncoutested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining unbilled amount of the project balance shall become immediately due and payable. City Council 16 — 49 11 /15/2022 AGREEMENT WITH HUNTER CONSULTING, INC., DBA HCI ENVIRONMENTAL & ENGINEERING SERVICES TO PROVIDE ON -CALL RIGHT OF WAY PROPERTY BOARD -UP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 15th day of November, 2022 by and between, Hunter Consulting Inc., a Nevada corporation dba HCI Environmental & Engineering Services, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 15, 2022, the City issued Request for Proposal (RFP) No. 22-091, by which City sough a contractor having special skill and knowledge in the field of. board -up services after City takes possession of vacant buildings to secure the properties for Capital Improvement Projects (CIP) for the proposed On -Call Right of Way Property Board -Up Services. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-091. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-091, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of three (3) contractors selected to provide services on an on -call basis under RFP 22-091. The total compensation for services provided by all contractors selected under REP No. 22-091 shall not exceed the shared aggregate amount of Three Hundred Thousand Dollars and Zero Cents ($300,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper #19.9 ouncil 16 — 50 11 / 1 5YO13 f 10 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. 11110 #19.94Council 16 — 51 11/15 022 Doc ID: 3bfbb52dl9c5298a402dll9d54dlabfcObl9123e a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, 11110 #19.94Council 16 — 52 11/15 022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide claims -made coverage: i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory 10 #19.94Council 16 — 53 11/15 022 Doc ID: 3bfbb52dl9c5298a402dll9d54dlabfcObl9123e endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and 11110 #19.94Council 16 — 54 11/15 022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e 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 Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, 11110 #19.94Council 16 — 55 11/15 022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject 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) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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 or remedy. No waiver of any breach, failure or right, #19.9 ouncil 16 — 56 11 / 1 MIR f 10 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 11110 #19.94Council 16 — 57 11/15 022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e To Contractor: Gregory J Parker President/CEO Hunter Consulting Inc., dba HCI Environmental & Engineering Services 1680 Commerce Street Corona, California 92880 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Kristine Ridge Clerk of the Council City Manager [signatures continued on next page] 11110 #19.94Council 16 — 58 11/15 022 Doc ID: 3bfbb52dl9c5298a402dll9d54dlabfcObl9123e APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Bran on Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CONTRACTOR: At Joa 4ieJt Gregory J Parker President/CEO 10 #199%4Council 16 — 59 11/1 /2022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e EXHIBIT A City Council 16 — 60 11/15/2022 Doc ID: 3bfbb52d19c5298a4O2d119d54d1abfcOb19123e Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL PROPERTY BOARD -UP SERVICES RFP NO.22-091 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified Right of Way Specialty firms to provide On -Call Property Board -Up services on an as -needed or "on -call" basis. It is the City's goal to select two or more firms to enter into an agreement(s) with to provide as needed right of way acquisition to widen the street and board -up after City takes possession of vacant buildings to secure the properties for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to street improvements. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • Board -ups shall be in accordance with the USFA National Prevention Initiative Board - Up Procedures. • Board -ups to secure buildings may be ordered by the City's authorized property management consultants or City personnel. The order shall be done in verbal and may require immediate board -up or may require field meetings to discuss scope of work and fees. • Board -ups shall be completed within 24 hours of request. • Perform other duties as assigned to secure buildings completely and creatively. Sample Fee Proposal Contractor shall submit a fee proposal as described below in a sealed fee envelope. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. • Sample locations for fee proposals are: City Council City of Santa Ana Y61 2611091 11 /15/2022 Page Al-1 Doc ID: 3bfbb52dl9c5298a402dl19d54d1abfc0b19123e o 2246 Orange Ave (n/w corner of Warner/Orange) o 2245 S. Main Street (Arco Gas Station) o Provide brief description of methods and materials used to secure the building • Fee to re -board on emergency request and/or 24 hour basis. Board Up Procedures: The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. Materials List and Specifications SECURITY MEASURES 1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particle board, wafer board, masonite, or other similar material shall NOT be used for purposes of boarding -up a building. 2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3. The structure shall be posted with a NO TRESPASSING sign at the completion of the board -up. 4. Commercial property with full windows or glass fascades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. ONLY Interior Boarding shall require black -out of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star -drive head screws. MATERIALS 1. Plywood, 1/2" (4 ply) exterior grade CDX 2. Braces - 2" by 4" by 8' (or longer) construction grade lumber City Council City of Santa Ana Y61 26:�191 11/15/2022 Page Al-2 Doc ID: 3bfbb52d19c5298a402d119d54d1abfc0b19123e 3. 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4. 3/8" (coarse thread) construction grade nuts 5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7. Combination of 2"-3" deck nails and 2"-3" Star -drive screws; T-20, T-25, etc. BARRIER ASSEMBLY 1. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door. 3. Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 4. Door Assembly — Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the door frame. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 5. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6. The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening. 7. Garage Door — the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case by case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed. City Council City of Santa Ana Y61 26S91 11/15/2022 Page Al-3 Doc ID: 3bfbb52d19c5298a402d119d54d1abfc0b19123e WINDOW BOARDING SPECIFICATION D i___________________________ A 1 I 1 I 1 I 1 I 1 I 1 I 1 3 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 I 1 • I A \1 I 7� ------------------------------ WINDOW - OUTSIDE VIEW NOTES: 1/2" CDX PLYWOOD CUT TO TO COVER WINDOW OPENING SECURE TO STRUCTURE WITH 1-5/8" (6D) GALVANIZED NAILS �L. 2 X 4 BRACE CUT TO OUTSIDE DIMENSION OF WINDOW TRIM 2 X 4 BRACE CUT TO SIZE OF PLYWOOD 3/8" CARRIAGE BOLT 12" LONG/COURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE L- 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5. BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. City COUnCII City of Santa Ana Ifg1 2 P91 11/15/2022 Page Al-4 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e DOOR BOARDING SPECIFICATIONS Irr COX PLYWOOD CUT TO FIT AGAINST DOOR SAND MOLDING OR OUTSIDE OF DOOR FRAME r----------------------I 1 1 1 1 1 1 1 1 TOP 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CENTER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BOTTOM 1 1 1 1 1 1 1 -------- , 2 X A BRACES CUT TO SIZE OF PLYWOOD VCOX TTOCO DO D ----) CUT TO COVERER DOOR FRAME AND MOLDING .----------------------. 1 1 1 1 1 I 1 I 1 1 1 I 1 I 1 1 1 I 1 I 1 I 1 I 1 1 1 I 1 1 1 1 1 I 1 1 1 1 1 I 1 1 1 I F1, I OOTTOM!PACE •OP1101ML \_"-CARRIAGE BOLT - - I DOOR - OUTSIDE VIEW WITH U2• WASHER DOOR - INSIDE VIEW REMOVE TRIM AS NECESSARY TO ELIMINATE PRY POINTS 4, 1 12' LONG 31V CARRIAGE BOLT WITH Ill• WASHERS ON BOTH SIDES NOTES: 1. IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5. BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL) 6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/213 (SEE DIMENSION LOCATIONS ON DRAWING) City Council City of Santa Ana b gl 26vp91 11/15/2022 Page Al-5 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e 7. USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS. BRACE AND CARRIAGE BOLT SPECIFICATION tit' COX PLYWOOD /1-- 3/8' USS STANDARD FLAT WASHER BRACE i 3/8' CONSTRUCTION GRADE NUT COURSE THREAD .xo n �c a,n�a�awvc ov�i COURSE THREAD ROUNDED HEAD NOTES: 112 USS STANDARD FLAT WASHER ROUNDED HEAD OF 318' CARRIAGE BOLT ON WEATHER SIDE OF OPENING Mr HOLE IN BRACE AND PLYWOOD -- PRE -DRILLED DURING FABRICATION 1. USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE. 4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. City Council City of Santa Ana b gl 2��91 11/15/2022 Page Al-6 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e WINDOW ASSEMBLY MATERIALS REQUIRED PER WINDOW 1 - 1/2" CDX PLYWOOD SHEET -CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD 4 - CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X 4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) DOOR ASSEMBLY MATERIALS REQUIRED PER DOOR 1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) 6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD - 3 CUT TO WIDTH OF INSIDE PLYWOOD 1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (ND): NUMBER OF DOOR BRACES REQUIRED: (ND X 6) NUMBER OF BOTTOM BRACES REQUIRED: (ND) CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) CARRIAGE BOLT ASSEMBLY MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY 1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE) 1 - 3/8" USS STANDARD FLAT WASHER (INSIDE) 1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: (Bw + BD) City Council City of Santa Ana b gl 267091 11/15/2022 Page Al-7 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e CONSULTANT RESPONSIBILITIES: • Provide all required insurance as outlined in Attachment 2 of this RFP. • Submit renewal of Certificate of Insurance 30 days before expiring. • Ensure Certificate of Insurance is current when submitting invoices. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities City Council City of Santa Ana b gl 266091 11/15/2022 Page Al-8 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e EXHIBIT B City Council 16 — 69 11/15/2022 Doc ID: 3bfbb52dl9c5298a4O2dll9d54dlabfcObl9123e HAZMAT TEAM www.hcienv.com www.hcidecon.com BID SUBMISSION DATE: 9/8/2022 TO: City of Santa Ana Public Works Agency FROM: Hunter Consulting Inc., dba HCI Environmental & Engineering RE: RFP # 22-091 NAME: On -Call Right of Way Property Board -Up Services HCI Environmental & Engineering is responding to the City of Santa Ana RFP No. 22-091 entitled On -Call Right of Way Property Board -Up Services. If awarded the agreement, HCI agrees to enter into a contract with the City of Santa Ana to provide on- call board -up services. HCI has the experience, availability of staff and other required resources for performing all services and providing all deliverables as described in this solicitation including all of the required permits and approvals to package, manage and transport hazardous waste (attached to this submission). Furthermore, HCI confirms having a health and safety program as required by Title 8, California Code of Regulations, and will comply with all local, State, and Federal laws and regulations governing haulers of hazardous waste. This bid is to remain valid for a period of not less than 90 days from the date of submittal. Should any questions arise, or any items that need to be clarified, please contact Greg Parker (President) who is authorized to represent HCI as well as enter into negotiations in respect to this IFB and any subsequently awarded contracts, at the number listed below. Gregory J Parker President/CEO Hunter Consulting Inc., dba HCI Environmental & Engineering Services Bids@hcienv.com '• CAPABILITY STATEMENT HC1'Q BUSINESS SUMMARY: HCI is a full -service environmental management company specializing HAZMAT TEAM in general contracting, biohazard clean-up, hazardous waste www.HCIENV.com transportation & disposal and 24/7 emergency chemical spill response. HCI provides consistent, cost-effective services and products to Company Name: customers throughout the United States, and we have provided superior Hunter Consulting Inc., dba HCI environmental services to the private, commercial and government Environmental & Engineering sectors for over 30 years. HCI's workforce includes engineers, planners, and scientists who are capable of delivering a variety of specialized Corporate Office: support services at a moment's notice. 1680 Commerce Street Corona, CA 92880 CAPABILITIES: Mailing Address: - Demolition - Fentanyl/and other Opioid Decontamination - Coronavirus Decontamination - Emergency Chemical Spill Response P.O. Box 2745 - Bio Hazard Decontamination - Vacuum Tanker, Bulk Tanker, Truck & Trailer Corona, CA 92878 - Containerized Waste - Sampling and Analysis - Bulk Waste - Waste Categorization, Profiling & Manifesting Phone: - Lab Packs - Trauma Scene Clean up Office: 951.280.0298 24/7/365: 800.988.4424 FACILITIES AND EQUIPMENT: Fax: 951.280.0118 - Vacuum Trucks - Loaders Excavators - Box Vans - Truck & Trailers Email: - Equipment Trucks - Bobcats - Backhoes CustomerServiceCa)Hcienv.com - High -Pressure Washers - Light Towers Website: EXPERTISE: HCI's experience offers several distinct advantages that include technical Hcienv.com understanding, management systems, and resources. We bring value and California Corporation: strength to our customers through: C2201286 • Understanding of public agencies — We have significant experience Dunns: working with large public entities with multiple, concurrent tasks and complicated environmental issues while meeting strict budget and 799449827 schedule requirements. • Proven past performance — We take pride in our ability to provide Municipal Contracts: superior work products and rapidly respond to clients' requests and City of San Jose needs. City of Pasadena • Development of practical and attainable solutions— HCI understands Countv of San Bernardino the necessity of making timely and cost-effective decisions. )unty of Los Angeles Summary )unty of Riverside HCI is committed to providing superior service to all its clients by verside Sheriff maintaining a fully staffed customer service and regulatory compliance ty of Palmdale department. We are a hands-on, turn -key, field services company ty of Murietta specializing in providing the expertise, personnel, equipment, and ty of Menifee technology to complete a wide variety of environmentally related projects. ty of Fontana Our successful track record is built upon a combination of diligence, flexibility, and process, all of which provides a thorough understanding of ty of Ontario our clients' needs. Our high -quality service, coupled with competitive rates -ange County Sheriff and our extensive database of qualified personnel, combine to make HCI iperior Court of California the right choice for your environmental and engineering needs. Public DefeAdep City Council 16 — 71 11/15/2022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e HC Ic' HAZMAT TEAM www.hcienv.com www.hciciecon.com Staffing RESUMES PROPOSED STAFF SUPPORT STAFF GREGORY J PARKER Professional Summary Project/goal oriented including both corporate and personal achievements with 30 years diversified staff, marketing, sales, engineering, operations, project management, and regulatory compliance experience. Servicing Industrial, Commercial and Public Entities Professional Experience Hunter Consulting, Inc Dba HCI Environmental & Engineering Service, Riverside, CA 10/99-Current President, Founder and Shareholder HCI is a full -service environmental management firm making use of its experience and contacts in the industry to develop and grow into the nation's premier engineering and waste management service provider Current Services include: Environmental Engineering Hazardous Waste Disposal/Recycling/Treatment Transportation Contaminated Soil Containerized Waste Streams Vacuum Tankers Remediation/Excavation Bulk Waste Streams Roll -off Site Decontamination Hazardous & Non- Hazardous Super Suckers UST/AST Removal & Installation Waste Sampling & Classification Box Vans Confined Space Entry Emergency Spill Response Bulk Tankers Asbestos Abatembnt Train Car Derailment Tank Cleaning & Demolition Vehicle Turn -over Punctured Fuel Tank Spilled Containers DeMenno/Kerdoon Corporation Contaminated Storm Drain Compton CA 8/98-10/99 (Change of Employer due to Acquisition of Advanced Environmental, Inc by DeMenno/Kerdoon Corporation) Executive Vice President The United States largest waste oil, wastewater, and antifreeze recycler. The DeMenno/Kerdoon group of companies include Advanced Environmental, Inc (Environmental Engineering and 24/7 Emergency Response to hazardous material spill incidents) Asbury Environmental Services (Transportation of hazardous waste via over 300 vehicles and waste management practice) D/K Environmental (Fully permitted treatment, storage, disposal facility to include all liquids and solid waste streams) and DeMenno/Kerdoon (Fully permitted treatment, storage, disposal facility to include oil recycling, waste water treatment and antifreeze recycling) is California's premier full service hazardous/Non-hazardous liquid/solid waste management company with 400 employees. Licenses Held Class A -General Contractors License California State Contractors License Board #788216 ASB-Asbestos Cert, HAZ-Hazardous Substances Removal, C-21 Demolition South Coast Air Quality Management District Indoor Air Quality Association Certified Mold Remediator#02793 Professional Memberships Professional Seminars & Training American Management Association Hazardous MaterialDale Carnegie Leadership Training for Managers Sales Management Finance Computer Environmental Transportation Goldman Sachs 10,000 small business graduate Hazardous Waste Association, American Management Association, California Management Association City Council 16 — 73 11/15/2022 Doc ID: 3bfbb52dl9c5298a402dl l9d54dlabfcObl9123e C. ROBERT GUY Professional Summate Project goal oriented Executive Manager including both corporate and personal achievements with 16 years diversified staff, marketing, sales, engineering & construction, operations, project management, transportation, and regulatory compliance experience. With over 20 years' experience in the environmental management industry, I have focused on the Construction/Engineering aspects in the environmental field. Professional Experience Hunter Consulting, Inc Dba HCI Environmental & Engineering Service, Riverside, CA 10/99-Current Chief Operating Officer HCI is a full -service environmental management firm making use of its experience and contacts in the industry to develop and grow into the nation's premier engineering and waste management service provider Current Services include: Environmental Engineering Hazardous Waste Disposal/Recycling/Treatment Transportation Contaminated Soil Containerized Waste Streams Vacuum Tankers Remediation/Excavation Bulk Waste Streams Roll -off Site Decontamination Hazardous & Non Hazardous Super Suckers UST/AST Removal & Installation Waste Sampling & Classification Box Vans Confined Space Entry Emergency Spill Response Bulk Tankers Phase I, II & III Train Car Derailment Asbestos Abatement Vehicle Turn -over Tank Cleaning & Demolition Punctured Fuel Tank Spilled Containers Contaminated Storm Drain DeMenno/Kerdoon Corporation Compton CA 8/98-10/99 (Change of Employer due to Acquisition of Advanced Environmental, Inc by DeMenno/Kerdoon Corporation) Management & development of various company departments as a well as assist in the conception & implementation of new policies & procedures. The management team works closely together to provide excellent products and services ultimately benefiting the customer. Responsible for review of financial matters regarding banking & financing, employee development, equipment purchases, etc. Maintain good public relations with ongoing customers and the local community organizations. Focused on hazardous/non hazardous waste transportation and disposal of containerized and bulk material, environmental engineering, asbestos, lead, and mold abatement, installation and removal of aboveground/below ground storage tanks, soil excavation/remediation, demolition, and 24 hour/7 day a week emergency response. Oversee the disposal of all materials in compliance with all local, state and federal regulations. Education and Training Orange Coast College -Associate of Arts Degree University of Southern California -Bachelor of Science, Business Administration 40-hour Hazwoper Certified Terrorism Awareness OSHA 29 CFRA-1910-120(9) MFPA Standard 472 Hazardous Materials Incident Command Training 40-Hour Asbestos Supervisor 40-Hour Lead Supervisor DO-HM 181 and Security Training NUCA Excavation Safety and Competent Person training California Hazardous Waste Classification Training, Hazardous Waste Manifest Training Heavy Equipment Training Professional MermillYr 044ardous Waste Association, American MaAhem4f}t Association, California MAn1(g'&9QAs?sociation, Solid WasteAssociation of North American, Indoor Air Quality Association Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e DC OLSEN Professional Summary Project oriented environmental construction manager with 20 plus years' experience on large and small environmental construction projects. Professional Experience Hunter Consulting, Inc dba HCI Environmental & Engineering Service, Corona, CA 10/99-Current Vice President of Operations HCI is a full -service environmental management firm making use of its experience and contacts in the industry to develop and grow into the nation's premier engineering and waste management service provider Current Services include: Environmental Engineering Hazardous Waste Disposal/Recycling/Treatment Transportation Contaminated Soil Containerized Waste Streams Vacuum Tankers Remediation/Excavation Bulk Waste Streams Roll -off Site Decontamination Hazardous & Non Hazardous Super Suckers UST/AST Removal & Installation Waste Sampling & Classification Box Vans Confined Space Entry Emergency Spill Response Bulk Tankers Phase I, II & IIII Train Car Derailment Asbestos Abatement Vehicle Turn -over Tank Cleaning & Demolition Punctured Fuel Tank Spilled Containers Contaminated Storm Drain National Construction Corona, CA 3195-10/99 Environmental construction project management "UST/AST removal & installation, soil remediation, lead & asbestos abatement & demolition, environmental construction & petroleum product project estimator. Provide hazardous waste management to area -based manufacturers and waste generators. Oversee customer interaction and customer service. Provide support to sales staff and shareholders. Solicit & bid for environmental & construction projects. On call 24/7 emergency response. Transportation & disposal of containerized and bulk material. Sampling & profiling. Professional Seminars & Training 40 hour Hazwoper certified, terrorism awareness, OSHA 29 CFRA-1910-120(9) and NFPA Standard 472 Hazardous Materials Incident Command Training, 40 Hour Asbestos Supervisor, 40 Hour Lead Supervisor, DOT-HM 181 and Security Training, NUCA Excavation Safety and Competent Person Training, California Hazardous Waste Classification Training, Hazardous Waste Manifest Training and Heavy Equipment Operator Training. City Council 16 — 75 11/15/2022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e TRESSA HAUSNER Professional Summary Provide interpretation of environmental regulatory requirements for such agencies as the California Department of Toxic Substance Control (Title 22), The United States Federal Register (49 CFR), OSHA Regulations (29CFR) Code of Federal Regulations, The California Highway Patrol BIT program and the Department of Health Services specifically the Medical Waste Management Act. Responsible for all forms of document preparation, i.e.: hazardous waste manifest, hazardous waste labels, land ban restriction forms. Work as a liaison with disposal facilities; accurately identify the type of waste whether it be hazardous or non hazardous and provide the proper documentation, protective equipment and scope of work needed to ship the materials safely. Review environmental service contracts, identify compliance action dates, and track all compliance requirements. Work as a nexus to assist clients in properly completing regulatory inquiry documents submitted by various agencies. Respond to emergency releases of hazardous chemicals and act as a regulatory liaison. Professional Experience Hunter Consulting, Inc Dba HCI Environmental & Engineering Service, Corona, CA 4/04-Current V.P. Customer Relations/ Regulatory Compliance Responsible for reviewing and creating environmental contracts including characterization of a field inventory sheets Ensure customer satisfaction which includes communicating with Operations, to make certain jobs go according to proposal Assist in answering phone when necessary Ability to communicate on a professional level Knowledge of company policies Knowledge of industry, ability to extensively answer and explain client questions Manage low costs from TSDF, Transporters and various vendors Review TSDF, Transporter and various vendor statements/bills to ensure correct costs Review field paperwork to ensure customer satisfaction Sets -up, organizes and maintains all filing associated with customer service such as, hazardous waste proposals and contracts Provides interpretation of environmental regulatory requirements for various agencies associated with local, state and federal Responsible for all forms of documentation such as but not limited to: i.e., Hazardous Waste Manifests, LDR's, Profiles, Waste Labels Works as a liaison with disposal facilities; accurately identifying waste streams, provide proper documentation Nexus to assist clients with regulatory inquiries as completing annual documents provided by various agencies, changes on manifests, profiles and LDR's; Ensures all samples are taken properly and chain of custody is filled out correctly, provides correct EPA methods for various samples Ability to read and interpret analytical results Sets -up, organizes and maintains all filing associated with regulatory compliance such as, profiles, manifests, LDR's and check off list Creates and provides all paperwork associated with the transportation and disposal of hazardous waste such as, hazardous waste manifests, LDR's, waste labels, check off list Responsible for manifest rejections from TSDF Education: • High School Diploma • Complete 40 Hours Hazwoper training • D.O.T. Drug & Alcohol Supervisor • HM-181 Cargo and Security Awareness • California Hazardous Waste Classification Training Knowledge: • Knowledge of Resource Conservation Recovery Act (RCRA) requirements/regulations • Knowledge of chemicals • Knowledge and ability to look up all regulations associated with the environmental industry i.e., DOT, EPA, DTSC, OSHA, Medical Waste Act • Quick Books experience Competencies: • Proficient with Windows based applications • Proficient with Compliance Suite Manifest Program • Adheres to all local, state, and federal regulations • Attention to detail • Able to multi -task under pressure • Strong communication skills • Strong customer service skills City Council 16 — 76 11/15/2022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e JENNIFER CLEMISON Professional Summary 30 years diversified staff, marketing, sales, operations, project management and specialty projects. Servicing Commercial and public entities. Certificates: 40 hour Hazwoper certified, Covid 19, DOT-HM 181 and Security Training California Hazardous Waste Classification Training, Confined Space Certified, First Responder Certified, TWIC Card Holder, 5 K Forklift, Drum Handling and Heat Stress. Professional Experience Hunter Consulting, Inc. Dba HCI Environmental & Engineering Service, Corona, Ca 08/2017 — Current VP of Business Development HCI is a full -service environmental management firm making use of its experience and contact in the industry to develop and grow into the national's premier engineering and waste management service provider. Current Services include: Environmental Engineering Hazardous Waste Disposal/Recycling/Treatment Transportation Contaminated Soil Containerized Waste Vacuum Tankers Remediation/Excavation Bulk Waste Streams Roll -off Site Decontamination Hazardous & Non- Hazardous Super Suckers UST/AST Removal & Installation Waste Sampling & Classification Box Vans Confined Space Entry Emergency Response Bulk Tankers Phase I, II & III Train Car Derailment Asbestos Abatement Vehicle Turn -over Tank Cleaning & Demolition Punctured Fuel Tank Spill Containment Contaminated Storm Drain Environmental Recovery Services, Inc. Gardena, Ca 01/1991 — 02/2017 Executive Sales Manager/Facility Supervisor Sales, Customer Service, Emergency Response Supervisor, Specialty Project Supervisor, Logistics Trainer in Equipment Operations, Forklift Operator and Trainer Human Resources Health and Safety Interests I am a promoter for the largest all women's Off -Road race in the USA to help find a cure for Breast Cancer. I have been involved with and promoting this race for the past 16 years and have helped raise over $800,000.00. 1 race a class 1 Off -Road car and run an Off -Road race team with 7 Off -Road cars. I'm a mother of 3, have been married for 26 years. City Council 16 — 77 11/15/2022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e HAZMAT TEAM www.hcienv.com www.hcidecon.com Executive Staff Greg Parker Title: President Years Experience: 33 Year(s) Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training. C. Robert Guy Title: Secretary/Treasurer Years Experience: 33 Year(s) Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training. DC Olsen Title: Vice President of Operations Years Experience: 20 Year(s) Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Lead Supervisor Training, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training. Tressa Hausner C Title: Vice President of Customer Relations Years Experience: 16 Year(s) Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Lead Supervisor Training, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training Jennifer Clemison Title: Vice President of Business Development Years Experience: 32 Year(s) Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Lead Supervisor Training, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training HC Ic' HAZMAT TEAM www.hcienv.com www,hciciecon.com Proposed Staff 2-Logistics Coordinators/Supervisors of Operations Combined Years Experience: 16 Year(s) Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Confined Space Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training. 16- Environmental/Field Technicians Years of Experience: 1-5 Year(s) Certifications: 40 Hour Hazwoper, 8 Hour Hazwoper Refresher, Annual Hazmat DOT Manifest Training, DOT Basic Hazmat Training, Annual Heat Stress Prevention Training, Hazardous Communication Annual Awareness Training, Forklift Training. 8-Confined Space Technicians 4 7� Years of Experience: 1-5 Year(s) Training includes: recognition of confined space hazards, identification of permit and non -permit required confined spaces, use of instrumentation to evaluate atmospheric hazards, ventilation techniques, development and implementation of a confined space program and proper signage. Support Staff 'qw,ma"Mir _ \ 1 3-Department Managers Manager of Accounting Manager of Customer Service Manager of Contracts and Marketing 3-Accounting Department A/R, A/P, invoicing, payroll, licensing & permits 4-Customer Service Department Profiles, compliance, inventory & quotes 3-Marketing Department Customer service, quote requests, administrative HCI'Q HAZMAT TEAM www.hcienv.com www.hcidecon.com Demonstrated and Technical Experience REFERENCES WORK PLAN SCENERIOS �P� P; IG 0 HC1'0 HAIMAT TEAM www.hcienv.com www.hcidecon.com References Emergency Response Bio Waste Trauma Scene Company: City of Murrieta Contact: Brian Ambrose Phone:951-461-6114 Email: sBAmbrose@murruetaCA.gov Address: 1 Town Square, Murrieta, CA 92562 Description: Homeless encampment clean-up Q Date: 9/30/2021- Current Contract to date: $50,000.00 Approx. Company: City of San Jose -Beautify San Jose Program, Contact: Rhea Schmitz Phone:408-282-3320 A� A E-Mail: rhea.schmitz@sanjoseca.gov Address: 200 E. Santa Clara Street, San Jose CA 95112 • i Description: Disposal of Bio-Hazardous Wastes, Homeless encampment cleanup P Date: 10/2019- Current Contract Amount so far: $949,000.00� • Company: Moulton Niguel Water District (Water District) �& Name: Todd Novacek E-Mail: tmidgley@mnwd.com Phone: (949) 425-3535 Address: 32332 Crown Valley Parkway, Laguna Hills, CA 92692 Description: Disposal of bio-hazardous, homeless encampment clean up Contract to date: $490,000.00 Approx. Company: City of Anaheim Crime Scene Clean up Phone: 714-765-4093 E-Mail: JWann@Anaheim.net Address: 425 S. Harbor Blvd., Anaheim CA Description: Emergency response, crime scene, Disposal of Bio-Hazardous Wastes Date: 3/01/15- Current Contract amount so far: $115,000 Approx. Company: County of Riverside Sheriff's Department Contact: Dan Ybarra Phone: 951-245-3336 Email: dybarra@riversidesheriff.org Address: 3319 Avalon& 34th Street, Jurupa Valley, CA 92509 Description: Disposal of Bio-Hazardous Wastes/ Trauma Scene Cleanup Date: 2012-current Amount so far: $45,000.00 Approx City Council 16 — 81 11/15/2022 HC1" HAZMAT TEAM www.hcienv.com www.hcidecon.com Work Plan In regards to the management and response to the customers needs, the following steps will be taken with respect to the Scope of Work. Emergency Situation: When a hazardous material incident occurs, attention must be paid to the prevention of the hazardous material spreading and unnecessary contamination of the spill location, environment and property. Containment is the prevention or reduction of the continuing spread of hazardous materials by various means. However, the first priority is to protect personnel. Containment methods include berming, use of absorbents, covering, damming and using jelling agents. Berming, curbing or diking with available materials prevents further spread of the materials or directs the flow of the materials in a more desired direction. Control is the act of preventing more discharge of hazardous material, usually from the source. Control methods include repairing leaks, closing valves, capping discharge materials, solidifying, plugging, patching or any other effective control method applicable during the response to the incident which may reduce or stop the flow. Control activities may require the personnel to enter the high risk area called the "exclusionary zone" to conduct control activities. This requires wearing chemically protective clothing and equipment which can make the task of control more difficult to achieve. Only trained workers can conduct "safe" control techniques. • HCI receives live operator calls 24 hours a day 7 days a week • HCI requests type and quantity of material spilled and address of spill location • HCI dispatches a Project Manager and appropriate personnel to spill location with equipment truck and necessary spill containment supplies to be on -site with -in one to two hours • When HCI arrives onsite, the spill situation will be assessed, account for and ensure the safety of all people, isolate the area and, if possible, stop the flow of product. HCI will then take steps to control the incident • Once the spill is under control, HCI will begin spill clean-up procedures • HCI will schedule the waste for transportation, and prepare all necessary documentation to include shipping documents and labeling requirements • HCI will profile the waste stream to the designated facility • HCI will obtain an EPA ID number for the responsible party, if needed • Waste will be packaged, loaded on to truck, labels will be fixed to container, paperwork signed and copies left with the client • HCI will then transport the waste to the designated facility and drop off for disposal • All paperwork will be signed by facility and proper documentation will be mailed back to the customer for their files and a emergency event report will be emailed to the customer within 24-48 hours. City Council 16 — 82 11/15/2022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e Non -Emergency Situation: • HCI receives fax, email or phone order • HCI contacts appropriate person at customer site to confirm types and quantities of waste • If necessary, HCI will schedule an Environmental Technician to view and inventory the waste within one to two days • A Environmental Technician will be scheduled if it is determined sampling or analysis is needed • HCI will complete a profile to the designated waste disposal facility • HCI will schedule the waste for transporatation • HCI will prepare all necessary documentation to include shipping documents and labeling requirements • If necessary HCI will optain a EPA ID number for the customer • At the time of pick-up, HCI will have all the appropriate containers, safety equipment, appropriate paperwork and Environmental Technicians to perform the job • Waste will be packaged, loaded on to truck, labels will be fixed to container and paperwork will be signed and copies will be left with the customer • HCI will then transport the waste to the designated facility and drop off for disposal • All paperwork will be signed by facility and proper documentation will be mailed back to the customer for their files. City Council 16 — 83 11/15/2022 HCI'Q HAZMAT TEAM www.hcienv.com www.hcidecon.com Homeless Encampment Clean-up HCI crews are sensitive to these situations and make every effort to work with the people and cities affected by this and create as pleasant an environment as possible. Services Provided: -Demolition and disposal of structures and large debris. -Collection, removal and disposal of small debris. -Collection, packaging, preparation of proper paperwork and transportation of bio-hazardous materials (sharps, human feces, urine, soiled clothing, drug paraphernalia, trauma scene debris and human excrement, etc.) -Collection, packaging, preparation of proper paperwork and transportation of hazardous waste (aerosols, petroleum products, paint, etc.) HCI's environmental technicians are fully trained for all scenario's experienced during the homeless encampment cleanup program including but not limited to the following: -Bloodborne pathogens -Trauma scene cleanup - COVID-19 decontamination -40 hour HAZWOPER -Confined space entry -Chemical spill response and remediation - Characterization and labpacking HCI understands the requirements of each project differ. HCI is very experienced in working with law enforcement and city personnel in multiple scenarios. HCI is fully licensed and insured to provide homeless encampment cleanup services 24/7/365. Please visit our website at www.hcienv.com for more information or call me at either number below, we also have several contracts with other local cities, that may fit your needs also. City Council 16 — 84 11/15/2022 HCi HAZMAT TEAM www.hcienv.com www.hcidecon.com Confined Space Entry Event 4. H I� HAZMAT TEAM In a confined space entry event HCI Environmental onsite personnel will conduct a pre -entry and rescue site assessment. 4&-� Once it is determined that a confined space entry needs to be performed, HCI's acting supervisor will fill out a confined space permit. All confined space entrants, attendants and rescue personnel will determine who is going to be assigned what specific tasks during the course of the confined space objective. HCI will perform a lockout/ tag -out procedure on all utilities, if present, in the confined space. All certified confined space equipment such as tripods, harnesses, lanyards, rescue lines, ventilators, SCBA's, winches, and 4 gas meters will be inspected and calibrated. Clearance of the atmosphere will be recorded on the confined space entry permit. A pre -site rescue assessment will be conducted in order to determine the type of rescue that will be utilized. Entry into the confined space will be considered after all 4 gas meter recordings have been performed and are below the Oxygen (o2), Lower Explosive Limit (LEL), Hydrogen Sulfide (H2S) and/or Methane threshold limits. The confined space atmosphere will be consistently monitored during the entry and logged every 10-15 minutes to see if there are any fluctuations in the air monitoring results. After the confined space entry objective has been accomplished the Entry Supervisor will sign off on the HCi HAZMAT TEAM www.hcienv.com www.hcidecon.com Hazardous Material Dumping ACII0 , HAZMAT TEAM , HCI Environmental & Engineering Service and its affiliates are fully licensed and insured to handle all categories of hazardous materials including explosives, pressurized gas cylinders, and radioactive material. All personnel are fully trained in the "safe" removal of these materials in various situations, and are certified in respiratory protection, confined space entry, and C.P.R. Drivers and technicians participate regularly in ongoing programs and "tail gate" safety meetings to further their knowledge and experience in safety and procedures. When arriving to a dumping site of unknown waste, HCI first takes pictures of each item and any labels that are on containers that may give an indication of what the substance is. A call is placed to dispatch and the customer to confirm if we are to proceed with testing and removal. Once confirmed the technician will do a Chemical Classifier Strip to determine if they are acid/base, bromine, chlorine, fluoride, iodine, irganic solvent, oxidizer or petroleum distillates. The testing results and pictures are then sent over to HCI's compliance department to determine how the substances with be classified and packaged. Once packed into U.N. Approved Containers they will be manifested and transported off site to an approved TDSF. HCI Environmental & Engineering Service maintains the highest rating from the DOT. Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e HCI'O HAZMAT TEAM www.hcienv.com www.hcidecon.com Rate and Service Structure Additional Pricing IN HCl'c' HAZMAT TEAM www.hcienv.com www.hcidecon.com Rate and Service Structure A. Board -up cost of 1st standard window/ (1) each additional window thereafter $400.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) $355.00 Hourly Rate B: Board up cost of 1st single door opening /(1) each additional door thereafter $400.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) $355.00 Hourly Rate C. Board of cost of a garage $1600.00 Flat Rate Flat Rate (per garage door) $775.00 Hourly Rate D. Bolt, screw door, garages and windows $25.00 per set bolt &screws A%%L E. Chain and lock fee $85.00 per set chain & lock Sample: Scenerio 1: 3 bedroom house, 2 car garade attached, 2 main doors and 1 bathroom Includes: Lumber, tools, labor, equipment truck, hardware set: $2,810.00 (non emergency) flat rate (maximum 4 hours, anything above 4 hours resorts to hourly rate $3610.00 (emergency) flat rate (maximum 4 hours, anything above 4 hours resorts to hourly rate Sample Scenerio 2: 2 bedroom house, 1 car garage detached, 2 main doors and 1 bathroom Includes: Lumber, tools, labor, equipment truck, hardware set: $2,365.00(non emergency) flat rate (maximum 4 hours, anything above 4 hours resorts to hourly rate $3,005.00 (emergency) flat rate (maximum 4 hours, anything above 4 hours resorts to hourly rate Below is a list of common items used on a homeless encampment remediation. Items used are site specific, client is billed for only what is used. Description Straight Time UOM Equipment Truck $350.00 per day Track Skid Steer $620.00 per day Grapple Bucket $190.00 per day Backhoe $575.00 per day Fuel -Grease -Maintenance -Per Piece of Equipment $250.00 per day Mobilization of Equipment -Per Piece of Equipment $300.00 each Demobilization of Equipment -Per Piece of Equipment $300.00 each Dump Trailer $400.00 per day Generator $150.00 per day Confined Space Equipment $1,650.00 per day Class C PPE-tyvek, hard hats, safety glasses $55.00 per man/per day Misc hand tool -pickers, shovels, rakes $300.00 per day 55g Drum -Hazardous Waste $75.00 each 44g Drum-Bio Waste $35.00 each 1 Quart Sharps Containers $50.00 each 40 Yard Roll off Bin $35.00 per day Narcan Kit(required at every site) $135.00 each Biological/Sharps Waste Load Fee $125.00 each Manifest Fee $30.00 each Crawler Loader $125.00 hour Dump Trailer (small) $135.00 hour Hi Reach Forklift $150.00 hour Skip Loader $125.00 hour Tractor $135.00 hour Hazardous Waste Disposal Charges to be determined, based on weight and type. Trash Disposal Charges to be determined, based on weight and city. City Council 16 — 89 11/15/2022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e HCl'o HAZMAT TEAM www.hcienv.com www.hcidecon.com Licensing and Permits Addend ums/Attachments IN STATE OF CALIFORNIA-HEALTH AND HUMAN SERVICES AGENCY California Department of Public Health Medical Waste Management Program MS 7405, IMS K-2 P.O. Box 997377 Sacramento, CA 95899-7377 www.cdph.ca-gov/MedicaJWaste HCI Environmental & Engineering 12155 Magnolia Ave RIVERSIDE, CA 92503 Dear Sir/Madam: Date: 3/24/2021 Registrant Identifier: TSW 311 Gavin Newsom, Governor Your Trauma Scene Waste Management Practitioner certificate is shown below. Please retain this certificate for your records. If you have questions regarding this certificate, please call (916) 449-5671. ------------------------------------------------ ■ ■ ■ it i * ■ * * # it �I ■ ■ ■ ■ ■ ■ ■ ■ f * * 4 0 a a ■ ■ ■ 009 ���� a■afi ► � F F F F i e e e e a e a d a ■ * 3 F F r r r e e G e i i d d k a a }■, � # *■ STATE OF CALIFORNIA i a■i#� #*" Department of Public Health ��� •+# Medical Waste Management Program PH ■F#� HCI Environmental & Engineering "*o#* �I II��� • ■ i��� l� #*° 22941 Temescal Canyon Road •* #*° Corona, CA 92883 �■# #+F Registration No. in the county of Treatment No. 4"*40 311 Riverside .6000 40*400 *" is registered as a °**411111 # *= TRAUMA SCENE WASTE MANAGEMENT PRACTITIONER I� #�+� • ■0046 41&$40 0 Annual Expiration Date ,.*00 � ��� • 5/15/2022 " �. 0f# 0 600E The facility named herein is registered pursuant to the provisions of the Medical waste Management Act, Division 104, Part 14, 40000 * *#a. Chapter 5 of the California Health and Safety Code, and shall be subject to all applicable provisions of the law. This permit is not o 004P 0 **,pr transferable. 100044. 4 ■**60 O nr IP041 0 #,*(1* Date Issued: 3/24/2021 Thomas Horner, Chief r ■*0 0 0 04 i Medical Waste Management Program y #�� ■ s • ■■.** * ...e..it i ..,■.. s*+�.* *INS 0ik i i i i i i i 0 0 66" ► Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION f6awHAZARDOUS MATERIALS CERTIFICATE OF REGISTRATION FOR REGISTRATION YEAR(S) 2020-2023 Registrant: HUNTER CONSULTING INC DBA HCI ENVIRONMEN ATTN: Tressa Hausner 12155 MAGNOLIA AVE SUITE 4C RIVERSIDE, CA 92503 This certifies that the registrant is registered with the U.S. Department of Transportation as required by 49 CFR Part 107, Subpart G. This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this document. Reg. No: 051320550050CE Effective: July 1, 2020 Expires: June 30, 2023 HM Company ID: 301615 Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period of three years from the date of issuance of this Certificate of Registration: (1) A copy of the registration statement filed with PHMSA; and (2) This Certificate of Registration Each person subject to the registration requirement must furnish that person's Certificate of Registration (or a copy) and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U. S. Department of Transportation upon request. Each motor carrier (private or for -hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration number identified as the "U.S. DOT Hazmat Reg. No." in each truck and truck tractor or vessel (trailers and semi -trailers not included) used to transport hazardous materials subject to the registration requirement. The Certificate of Registration or document bearing the registration number must be made available, upon request, to enforcement personnel. For information, contact the Hazardous Materials Registration Manager, PHH-52, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey 9tXu ,9W,rWdshington, DC 20590, telephone (202) 366-4111§9- 92 11 /15/2022 bl9123e CALIFORNIA STATE TRANSPORTATION AGENCY DEPARTMENT OF MOTOR VEHICLES Registration Operations Division MS H875 P.O_ BOX 932370 Sacramento, CA. 94232,3700 (916)657-8153 11/21/2018 HUNTER CONSULTING INC 12155 MAGNOLIA AVE STE 4-C RIVERSIDE, CA 92503 k�D�EIPARTMENT � NON —EXPIRING rvkeA MOTOR CARRIER PERMIT rvice AgencyCombined Carrier Valid Valid OF MOTOR VEHICLES From: 09/01/2012 ValidThroNon-Expirinegstration Operations Division P.O. BOX 932370 Sacramento, CA. 94232-3700 HUNTER CONSULTING INC 12155 MAGNOLIA AVE STE 4-C RIVERSIDE, CA 92503 Pmt Date: NSA I Office #: 154 #: 462771 1 Tech ID: 49 #: NNNN I Amt Paid: No Fcc CAM 10333071 The carrier named on this permit is subject to the Unified Carrier Registration Act (UCRA) of 2005, and is granted a non -expiring permit of the following classification: For Hire Corporation Not Valid for Intrastate Only Operations :::IIvIrVK I AID! I KLMI1N1JLKJ::: 1. This non -expiring Motor Carrier Permit (MCP) will remain valid as long as you continue to conduct interstate operations. The Unified Carrier Registration Act (UCRA) of2005 exempts combined carriers (carriers who operate both intra and interstate) from MCP requirements. 2. Federal Motor Carrier Safety Administration insurance requirements must be maintained. 3. If you commence intrastate only operations, you must renew your MCP. I�C��IIMR DEC n r, 2018 California Relay Telephone Service for the Deaf or Hard of I Iearing from TDD Phones: 1-800-735-2929; from Voice Phones: 1-800-735-2922 Qt ot�rt 111 A Public S©tlfie-4acy 11 /15/2022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e DTV Testing Network 9W Postal Way, SuFte a -IB, Vlsita, CA 92083-6935 January 05, 2022 PLEASE SIGN AND KEEP WITH YOUR RECORDS Ms. Tressa Stivers HCI Environmental Engineering & Services 12155 Magnolia Ave., Ste. 4C Riverside, CA 92503 Dear Ms. Stivers: This letter confirms that HCI ENVIRONMENTAL ENGINEERING & SERVICES is enrolled with Drug Testing Networks random drug and alcohol testing program pursuant to the Department of Transportation (DOT) and The Federal Motor Carrier Safety Administration (FMSCA) regulation 49 CFR Part 382. Effective Start Date of Program February 22, 2022 Program Expires February 21, 2023 Program Manager Ms. Tressa Stivers Member since February 22, 2010 Veronica Cjamino Veronica Gamino DRUG TESTING NETWORK INC. Account Representative I certify that I am authorized to represent this company in this matter and that the information in this document is correct to the best of my knowledge and belief and that the company I represent will comply with the provisions of the Federal Department of Transportation Drug and Alcohol Program regulations. I understand employees of this company will not be placed in a random pool until all pre -employment drug tests have been completed. Ms. Tressa Stivers Drug and Alcohol Program Manager 958 POSTAL WAY, SUITE 6-B, VISTA, CA 92083-6935 (760) 940-2015 (800) 989-1 208 FAx (760) 940-0345 City Council 16 — 94 11/15/2022 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL HAZARDOUS MATERIALS TRANSPORTATION LICENSE CHP 360H (REV. 1/00) OR 062 LICENSEE NAME AND PHYSICAL STATION ADDRESS (if different than below) HUNTER CONSULTING INC HCI ENVIRONMENTAL & ENGINEERING SERVICE 22941 TEMESCAL CANYON RD CORONA CA, US 92883 LICENSEE NAME AND MAILING ADDRESS HUNTER CONSULTING INC HCI ENVIRONMENTAL & ENGINEERING SERVICE PO Box 2745 CORONA CA, US 92878- CONTROL NUMBER LICENSE NUMBER ISSUE DATE I EFFECTNE DATE EXPIRATION DATE 253257 137055 8/11/2021 9/1/2021 8/31/2022 CHP CARRIER NUMBER LOCATION Duplicate Replacement CA 333071 840 Initial Renewal PROPERTY OF THE CALIFORNIA HIGHWAY PATROL (CHP) The original valid license must be kept at the licensee's place of business as indicated on the license and a legible copy must be carried in any vehicle or combination transporting hazardous materials and must be presented to any CHP officer upon request. This license is NON -TRANSFERABLE and must be surrendered to the CHP upon demand or as required by law. A majority change in ownership or control of the licensed activity shall require a new license. This license may be renewed by submitting an application and appropnate fee to the CHP Persons whose licenses have expired or are otherwise no longer valid must immediately cease the activity requiring a license. THERE IS NO GRACE PERIOD. For licensing information contact CHP, Commercial Vehicle Section at (916) 843-3400. This carrier is on the special routing/safe stopping place mailing lists as indicated below: (HMX) Explosives subject to Division 14, California Vehicle Code (CVC). (HMPH) Poison Inhalation Hazard materials In bulk packages subject to Division 14.3, CVC. (HMRCQ) Highway Route Controlled Quantity radioactive materials subject to Division 14.5, CVC. Any person who dumps, spills, or causes the release of hazardous materials or hazardous waste upon any highway shall immediately notify the CHP or the agency having jurisdiction for that highway. The minimum fine for failure to make the appropriate notification is $2,000.00. (CVC Section 23112.5) City Council 16 — 95 11/15/2022 Printed on: 7/23/20212:36:14 PM To verify most current certification status go to: https://www.caleprocure.ca.gov 7G5 GENERA LES EW'V ES Office of Small Business & DVBE Services Certification ID: 22207 Email Address: tressa@hcienv.com Legal Business Name: HUNTER CONSULTING INC Business Web Page: Doing Business As (DBA) Name 1: http://www.hcienv.com HCI ENVIRONMENTAL & ENGINEERING SERVICE Business Phone Number: 951/280-0298 Doing Business As (DBA) Name 2: Business Fax Number: 951/280-0118 Address: 12155 MAGNOLIA AVE Business Types: STE 4C Construction , Service RIVERSIDE CA 92503 Certification Type Status From To SB(Micro) Approved 05/11/2018 05/31/2022 Stay informed! KEEP YOU R CERTIFICATION PROFILE UPDATED! -LOG IN at CaleProcure.CA.GOV Questions? Email: OSDSH ELPODGS.CA.GOV Call OSDS Main Number: 916-375-4940 707 3rd Street, 1-400, West Sacramento, CA 95605 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e City Council 16 — 96 11/15/2022 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Hunter Consulting Inc., dba HCI Environmental & Engineering Signed and Printed Name: Gregory J Parker 1W_ Title President/CEO Date 9/8/2022 Pity f'ni ineil 1 f; _ A7 11 /15/7(177 City of Santa Ana RFP Page A3-2 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e 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 for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed 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 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 commitments 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 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant 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 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 ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 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 Pity f'ni ineil 1 R_ AA 11 /15/,?n99 City of Santa Ana RFP Page A3-3 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e 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 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. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: President/CEO Firm: Hunter Consulting Inc, dba HCI Environmental & Engineering Date: 9/8/2022 Pity f'ni ineil 1 R_ AA 11 /15/,?n99 City of Santa Ana RFP Page A3-4 Doc ID: 3bfbb52d19c5298a402d119d54d1abfc0b19123e Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The bove Non-c usion Affidavit is part of the Proposal. Signing this Proposal on the si at re o on there 11 also constitute signature of this Non -collusion Affidavit. BIDDERS ar-ca�iti n ait na in false certification may subject the certifier to criminal prosecution. Signed State of California ✓ County of Jve�SI(�i.Q Subscribed an sworn to (or affirmed) before me on this �9 day of/�"CM�220a� by ? , proved to me on the basis of satisfactory evidence to be the person(Vwho appeared efore me. Notary Public Signa re_-- 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 thart document. `,E,LorT4f C. WEST r = Notary Public - California Riverside County Commission # 2363387 "' My Comm. Expires Jul 1, 2025 Notary Public Seal City Council City of Santa Am RFfbO 11 /15/2022 Page A3-1 Doc ID: 3bfbb52d19c5298a402d119d54d1abfcOb19123e EXHIBIT C City Council 16 — 101 11 /15/2022 Doc ID: 3bfbb52d19c5298a4O2d119d54d1abfcOb19123e HC1'O HAZMAT TEAM www.hcienv.com www.hcidecon.com Rate and Service Structure A. Board -up cost of 1 st standard window/ (1) each additional window thereafter $400.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) $355.00 Hourly Rate B: Board up cost of 1 st single door opening /(1) each additional door thereafter $400.00 Flat Rate (maximum 4 hours anything above 4 hours resorts to hourly rate) $355.00 Hourly Rate C. Board of cost of a garage $1600.00 Flat Rate Flat Rate (per garage door) $775.00 Hourly Rate D. Bolt, screw door, garages and windows $25.00 per set bolt & screws - E. Chain and lock fee $85.00 per set chain & lock Sample: Scenerio 1: 3 bedroom house, 2 car garade attached, 2 main doors and 1 bathroom Includes: Lumber, tools, labor, equipment truck, hardware set: $2,810.00 (non emergency) flat rate (maximum 4 hours, anything above 4 hours resorts to hourly rate $3610.00 (emergency) flat rate (maximum 4 hours, anything above 4 hours resorts to hourly rate Sample Scenerio 2: 2 bedroom house, 1 car garage detached, 2 main doors and 1 bathroom Includes: Lumber, tools, labor, equipment truck, hardware set: $2,365.00(non emergency) flat rate (maximum 4 hours, anything above 4 hours resorts to hourly rate $3,005.00 (emergency) flat rate (maximum 4 hours, anything above 4 hours resorts to hourly rate OHELLOSIGN Audit Trail TITLE FILE NAME DOCUMENT ID AUDIT TRAIL DATE FORMAT STATUS ❑ocument History 0 SENT City of Santa Ana Agreement_On-Call..._10.26.22 (1).pdf 3bfbb52d19c5298a402d119d54d1abfc0b19123e M M / DID / YYYY Signed 10 / 27 / 2022 Sent for signature to Gregory Parker (greg@hcienv.com) from 21:52:09 UTC desirae@hcienv.com IP: 20.94.254.206 < 0 10 / 27 / 2022 VIEWED 22:03:48 UTC 10 / 27 / 2022 SIGNED 22:13:48 UTC 10 / 27 / 2022 COMPLETED 22:13:48 UTC Powered by OHELLOSIGN Viewed by Gregory Parker (greg@hcienv.com) IP: 107.77.229.169 Signed by Gregory Parker (greg@hcienv.com) IP: 107.77.229.169 The document has been completed. City Council 16 — 103 11 /15/2022 AGREEMENT WITH REAL ESTATE CONSULTING & SERVICES, INC., TO PROVIDE ON -CALL RIGHT OF WAY PROPERTY BOARD -UP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 15th day of November, 2022 by and between, Real Estate Consulting & Services, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 15, 2022, the City issued Request for Proposal (RFP) No. 22-091, by which City sough a contractor having special skill and knowledge in the field of. board -up services after City takes possession of vacant buildings to secure the properties for Capital Improvement Projects (CIP) for the proposed On -Call Right of Way Property Board -Up Services. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-091. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-091, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of three (3) contractors selected to provide services on an on -call basis under RFP 22-091. The total compensation for services provided by all contractors selected under RFP No. 22-091 shall not exceed the shared aggregate amount of Three Hundred Thousand Dollars and Zero Cents ($300,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper # 19-%0ounci1 16 — 104 11 /1 M1f 10 invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Citv Council 16 — 105 11/19ffEof 10 #19793v4 a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, #197� CC tXv4ouncil 16 — 106 11 /1 of 10 CC or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide claims -made coverage: i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of the contract of work iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory #19COvY ouncil 16 — 107 11/1 2 f 10 endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and # 19%t v� �y ouncil 16 — 108 1111 of 10 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 Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other parry is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRINUNATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, #19 � (, tyv� ouncil 16 — 109 11/1 of 10 promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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 or remedy. No waiver of any breach, failure or right, t o u n c i 1 16 —110 11 /1 2 of 10 or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 #19CC�v� ouncil 16 —111 11/1 of 10 � To Contractor: Jeffery Coss President Real Estate Consulting & Services, Inc. 18345 Pasadena Street Lake Elsinore, CA 92530 A party may change its address by giving notice in writing to the other parry. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor 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: Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager [signatures continued on next page/ 919c Mounci1 16 —112 11/1 2 f 10 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CONTRACTOR: ie—fier1coss President C�v f 10 #19C`t v�ouncil 16 —113 11/ 0 2 EXHIBIT A City Council 16 —114 11/15/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL PROPERTY BOARD -UP SERVICES RFP NO.22-091 INTRODUCTION/PROJECT BACKGROUND The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified Right of Way Specialty firms to provide On -Call Property Board -Up services on an as -needed or "on -call" basis. It is the City's goal to select two or more firms to enter into an agreement(s) with to provide as needed right of way acquisition to widen the street and board -up after City takes possession of vacant buildings to secure the properties for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to street improvements. DESCRIPTION OF WORK Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • Board -ups shall be in accordance with the USFA National Prevention Initiative Board - Up Procedures. • Board -ups to secure buildings may be ordered by the City's authorized property management consultants or City personnel. The order shall be done in verbal and may require immediate board -up or may require field meetings to discuss scope of work and fees. • Board -ups shall be completed within 24 hours of request. • Perform other duties as assigned to secure buildings completely and creatively. Sample Fee Proposal Contractor shall submit a fee proposal as described below in a sealed fee envelope. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. • Sample locations for fee proposals are: City Council City of Santa Ana IJF244691 11/15/2022 Page Al-1 0 2246 Orange Ave (n/w corner of Warner/Orange) 0 2245 S. Main Street (Arco Gas Station) o Provide brief description of methods and materials used to secure the building • Fee to re -board on emergency request and/or 24 hour basis. Board Up Procedures: The USIA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein. Materials List and Specifications SECURITY MEASURES 1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise. NOTE: General contractor screws, particle board, wafer board, masonite, or other similar material shall NOT be used for purposes of boarding -up a building. 2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight. 3. The structure shall be posted with a NO TRESPASSING sign at the completion of the board -up. 4. Commercial property with full windows or glass fascades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing. ONLY Interior Boarding shall require black -out of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star -drive head screws. MATERIALS 1. Plywood, 1/2" (4 ply) exterior grade CDX 2. Braces - 2" by 4" by 8' (or longer) construction grade lumber City Council City of Santa AnalWP f41991 11 /15/2022 Page Al-2 3. 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side) 4. 3/8" (coarse thread) construction grade nuts 5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head. 6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building 7. Combination of 2"-3" deck nails and 2"-3" Star -drive screws; T-20, T-25, etc. BARRIER ASSEMBLY 1. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints. 2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door. 3. Window Assembly — Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 4. Door Assembly — Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the door frame. Prior to installation, the assembly should be pre -assembled and 3/8" holes drilled through all of the components. 5. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening. 6. The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8" by 12" carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2" washer place against the exterior brace, a 3/8" washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening. 7. Garage Door — the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate). NOTE: These specifications are subject to change upon case by case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed. City Council City of Santa Ana ffP_ 4791 11/15/2022 Page Al-3 WINDOW BOARDING SPECIFICATION ------------------------------ r i 1 A f 1 C-- ► �C r 1 i i r 1 1 i 1 a 1 1 f i f f f 1 t 1 _ d 1 f d f A € WINDOW - OUTSIDE VIEW NOTES: 1/2" COX PLYWOOD CUT TO TO COVER WINDOW OPENING SECURE TO STRUCTURE WITH 1-5l8" (613) GALVANIZED NAILS 2 X 4 BRACE CUT TO OUTSIDE DIMENSION OF WINDOW TRIM 2 X 4 BRACE CUT TO SIZE OF PLYWOOD 318" CARRIAGE BOLT 12" LONG/COURSE THREAD NUT TO MATCH, WASHERS INSTALLED ON BOTH SIDES ROUNDED HEAD OF BOLT ON OUTSIDE 1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM. 2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE. 3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT. 4. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 5. BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WIl'41)OWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE. 6. LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON DRAWING) 7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6" MARK WHERE SCREW IS NOT PLACED. City Council City of Santa AnajWR �4 fp91 11 /15/2022 Page Al-4 r DOOR BOARDING SPECIFICATIONS Irr COX PLYWOOD Y CUT TO FIT AGAINST DOOR BAND MOLDING OR OUTSIDE OF DOOR FRAME f # i r i 4 ! t t f # t TOP p � f t 1 i t # 1 f ! ! r t ! i t �# CENTER t i i i t } r f t i t t f i g ! SOTTOGI f t f t ! t f i.— �# 2 X d BRACES CUT TO SIZE OF PLYWOOD ,t / t 1.7' CDX PLYWOOD CUT TO COVER DOOR FRAME AND MOLOING r f t i i t ! i f r i i i # 1 # f r i f # t � 1 1 r i r ! F/! J \ W- CARRIAGE BOLT - f DOOR - OUTSIDE VIEW — WITH 1f2' WASHER DOOR - INSIDE VIEW NOTES: REMOVE TRIM AS NECESSARY TO ELIMINATE PRY POINTS i 12' LONG 318' 1.,'.ARRiAGE BOLT ':.1TH tr2' WASHERS i1N BOTH SIDES s� 1. IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY. 2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING. LONGER BOLTS MAY BE NECESSARY. 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE. 4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME. 5. BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL) 6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION LOCATIONS ON DRAWING) City Council City of Santa AnaWP ?2l-991 Page Al-5 11 /15/2022 7. USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS. BRACE AND CARRIAGE BOLT SPECIFICATION le" USS STANDARD 1 FIAT WASHER 1 i CONSTRUCTION GRADE NUT COURSE THREAD BRACE NOTES: 1R" USS STANDARD FLAT WASHER BRACE ,- ROUNDED HEAD OF 3%8' '--�"-- CARRIAGE BOLT ON WEATHER SIDE OF OPENING 3W X 12' CARRIAGE BOLT COURSETHREAD ROUNDED HEAD 31W HOLE IN BRACE AND PLYWOOD -- PRE -DRILLED DURING FABRICATION 1. USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES. 2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING 3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE. 4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS. City Council City of Santa Ana ffP 4N91 11/15/2022 Page Al-6 WINDOW ASSEMBLY MATERIALS REQUIRED PER WINDOW 1 - 1/2" CDX PLYWOOD SHEET -CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD 4 - CARRIAGE BOLT ASSEMBLIES NUMBER OF WINDOWS TO BE SECURED (Nw): NUMBER OF WINDOWS BRACES REQUIRED: (Nw X 4) CARRIAGE BOLT ASSEMBLIES REQUIRED (Bw): (Nw X 4) DOOR ASSEMBLY MATERIALS REQUIRED PER DOOR 1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE) 6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD - 3 CUT TO WIDTH OF INSIDE PLYWOOD 1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES NUMBER OF DOORS TO BE SECURED (ND): NUMBER OF DOOR BRACES REQUIRED: (ND X 6) NUMBER OF BOTTOM BRACES REQUIRED: (ND) CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) CARRIAGE BOLT ASSEMBLY MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY 1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE) 1 - 3/8" USS STANDARD FLAT WASHER (INSIDE) 1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS: (Bw + BD) City Council City of Santa Ana JWe2P2g91 11/15/2022 Page Al-7 CONSULTANT RESPONSIBILITIES: Provide all required insurance as outlined in Attachment 2 of this RFP. Submit renewal of Certificate of Insurance 30 days before expiring. Ensure Certificate of Insurance is current when submitting invoices. PAYMENT AND INVOICING: Selected Consultant shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Facilitate meeting spaces and coordination with City staff • Access to City facilities City Council City of Santa Anal BF-Pf2_091 11 /15/2022 Page Al-8 EXHIBIT B City Council 16 — 123 11/15/2022 REAL ESTATE CONSULTING & SERVICES, INC PROPERTY MANAGEMENT FACILITIES MAINTENANCE REAL ESTATE CONSULTING & SERVICES, INC RESPONSE TO: CITY OF SANTA ANA: RFP 22-091 ON -CALL RIGHT OF WAY PROPERTY BOARD -UP SERVICES Certification of Proposal: "Real Estate Consulting & Services, Inc's intent is to perform the services and confirm that all elements of the RFP have been reviewed and understood"_ Jeff Coss President of Real Estate Consulting & Services, Inc. has the legal authority to bind the company U A* Signed By: �A(l 6t 5 3 Company Name: aft LS�a (0,I., ``t f -C Title: (I/.��4 VI Date: N /Z Z, I S 45 Pasadena Street_ Lake Elsinore, CA 921530 Ph:714-571-0175 Fax:714-555-0404 1k'W,w.0017SU ItoserVe.Coi11 City Council 16 — 124 11/15/2022 REAL ESTATE CONSULTING & SERVICES, INC. PROPERTY MANAGEMENT & FACILITIES MAINTENANCE REAL ESTATE CONSULTING & SERVICES, INC CONTRACT AGREEMENT STATEMENT CITY OF SANTA ANA: RFP 22-091 ON -CALL RIGHT OF WAY PROPERTY BOARD -UP SERVICES Agreement Statement: Real Estate Consulting & Services, Inc is in agreement with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. Jeff Coss President Real Estate Consulting & Services, Inc Signature: Date: 18341 Pasadena Street. lake Elsinore, CA 97530 Ph:714-571-0175 Fax:714-i38-0404 City Council %\AVW.c0nsultns4fy-r425 11/15/2022 REAL ESTATE CONSULTING & SERVICES, INC. PROPERTY MANAGEMENT & FACILITIES MAINTENANCE Statement of Qualifications: The team at REC&S has experience in site inspections, general maintenance, rehabilitation, and correcting deferred maintenance. REC&S currently has a team of full time field maintenance staff that regularly performs these services. Our staff is trained in regular and emergency on -call property maintenance services which include; landscape maintenance, repairs, general maintenance, painting, general carpentry, rehabilitation of office space and residential units, weed abatement, electrical, trash and debris removal, graffiti coverage, board up services, fence repairs, fence maintenance, plumbing, along with a wide variety of other maintenance services. We have performed these services for Riverside County (RCTC), Los Angeles Unified School District, Los Angeles World Airports, San Bernardino Associated Governments, the City of Santa Monica Housing Department, City of Laguna Niguel, City of Mission Viejo, City of Laguna Hills, Caltrans, San Diego County,City of Santa Ana, and the City of Bell. Task Completion: This process includes issuing a work order of the needed services for the individual party. REC&S office staff will dispatch a crew to the site to deliver the service. Staff takes pictures of the work site prior to starting work, and takes pictures upon completion of the work. Pictures are printed, work order incident report is created along with the invoice and all of this information is submitted to the client for approval and payment. All of our trucks, trailers and equipment are equipped with the necessary tools to complete the task at hand. REC&S has the capable in house staff. Employees all wear professional company attire and required PPE and our company vehicles and equipment display the company logo and contact info. Emergency Services: Since REC&S has qualified staff and the equipment previously listed, our in house staff can respond to any emergency within one hour during regular operating hours and within two hours outside of regular operating hours. We maintain a 24/7 call center 800 phone number that we utilize on all of our projects. We provide the 800 phone number to our clients so that they can call to request service. For example, we have provided general maintenance services as well as emergency services for the City of Bell, City of Santa Monica, Caltrans, City of Mission Viejo, City of Santa Ana, and City of Laguna Niguel. Our call center receives calls, records the call, and immediately dispatches the call information to our traveling emergency telephone. Our on call staff person responds to the call, by contacting the caller with an estimated time of arrival (eta). Our typical eta after the call is received is one hour or less. Our crews arrive on site with all of the necessary tools and supplies to complete any requested or unexpected service Inspection Obligations: The field service delivery team has been working for clients on different types of properties that require weekly, monthly or yearly inspections, securing of property and maintenance for issues reported. Our firm has performed these services for City of Long Beach, City of Bell, City of Laguna Niguel, City of Santa Ana, City of Santa Monica and City of Los Angeles. Our process for managing these situations include initially setting up the client owned properties in our work order system then issuing a work order that will be used for each property or location on a scheduled/requested basis. REC&S will dispatch an employee to the site with the work order. The property is inspected by taking pictures of the work order first, then needed pictures of the property, closing out the work order and moving to the next location as City Council Ph: 714-571-0175 Fa\10141JJZ60404 11/15/2022 \\'\\\\ X011SUIhlservext)II1 PROPERTY MANAGEMENT & FACILITIES MAINTENANCE needed. Our work order system will track all activity per property. REC&S will provide a report of all work orders issued and performed in the project area each month. REC&S has its main office located at 18345 Pasadena St Lake Elsinore, CA and our maintenance yard is on -site. Additionally, REC&S has a small office at 1 Calle Frutas San Clemente, CA 92673 and a small storage facility for equipment and material in Mission Viejo. Company Requirements Company Name: Real Estate Consulting & Services, Inc. Address: 18345 Pasadena St Lake Elsinore, CA 92530 Address 2: 1 Calle Frutas San Clemente, CA 92673 Phone: 714-571-0715 Real Estate Consulting & Services, Inc. (REC&S) was established in May of 2003 and also began providing "BII General Contracting Services in May 2003. As of right now REC&S does not have pending plans to sell or merge the company. Comprehensive List of Services REC&S Provides: • General Maintenance • Buiding Inspection • Playground Inspection and Maintenance • Landscape • Carpentry • Weed Abatement • Graffiti Removal • Fencing • Board Up/Securing of Property • Electrical • Plumbing • Concrete and block • Demolition Company and Personnel Qualifications Customer service is a high priority within REC&S's scope of services we provide to our clients. Building relationships and ensuring that we meet our client's needs and expectations has allowed REC&S the ability to maintain our client base and continue the relationships year over year. City Council Ph: 714-�,71-0175 Ft,x1.6 12T;; . 11/15/2022 tiv"-w.Coll sttltrlservc.com It.� / N r H H El REAL ESTATE CONSULTING & SERVICES, INC. PROPERMANAGEMENT& FACILITIES NIAINT NANCE References 1. City of Mission Viejo Matt Lockwood 200 Civic Center Dr Mission Viejo 949-470-3070 mlockwood@cityofmissionvieio.org Services Provided: General Maintenance Infrastructure contract and Electrical Contract 2. City of Bell Javier Ochiqui 6330 Pine Ave Bell, CA 323-923-2633 iochigui cQcityofbell.org Services Provided: Weed Abatement, graffiti removal, clean-up, maintenance, landscape services 3. City of Laguna Niguel Bruce Lindeman 3333 Crown Valley Parkway Laguna Niguel, CA 949-362-4376 blindemanna.cityof lagunaniguel.org Services Provided: Park and Playground Inspection and Maintenance Services, General Maintenance 4. Caltrans Vache Minasyan (213) 897-1856 District 7 — Property Services 100 S. Main Street Los Angeles, CA 90012 vache.minasyan[aD.dot.ca.gov Services Provided: Residential remodel and maintenance IXi-i Pn,;ndenn 1�treyt ( aka FIrinorp CA () _ City Council 11h: 714 71-0175 FA&P-1260404 11/15/2022 WWW.consultnserve.com REAL ESTATE CONSULTING & SERVICES, INC. PROPERTY MANAGEMENT & FACILITIES MAINTENANCE Communication Timeline REC&S will provide the City's project manager and all applicable staff members with the primary project manager's direct cell along with our direct office line, and our traveling (800) phone line as a direct line of contact. As mentioned previously REC&S has a one hour response time for all normal business hour calls/requests and a two hour response time for any calls/requests that may come in after normal business hours. Company License/Bond REC&S is licensed in the state of California. Our Contractor's license number is 941934 EXP 2-28-23. Bonding company is Patriot Risk insurance 2415 Campus Dr Irvine Suite 200, CA 92612 Contact: Scott Salandi 949-486- 7917 Ability to Perform REC&S is fully equipped with the qualified staff and equipment needed to meet the City of Santa Ana's Board - Up Services needs. With our experience in board -ups and securing of properties, we have the capability and experience to handle the scope of services that are required. As mentioned before our trucks are fully equipped with all necessary tools and equipment to perform in an efficient and timely manner. Our field technicians have all been with REC&S for long periods of time and have the knowledge and experience to fully complete any general maintenance task at hand. Business and Overtime Hours REC&S considers regular business operating hours 5am - 5pm. We have a rotational staff that will work and take calls after normal operating hours and weekends. Tools, Equipment, and Machinery • Fully operable work trucks • Flatbed • Water Truck • Dump Trailers • Enclosed Trailers • Open Trailers • Bobcat • Generators • Power tools: saws, drills, etc IS i4= Pn,;;i pnn ktwoi I A-o F Ivinnrl, CA k) = :11 City Council 11h: 714-�71-0177 Fa4:&t 4429040 11/15/2022 11W W.00nSUI[nserve.COIi3 0 1 /Its .■ ` i IR U El REAL ESTATE CONSULTING & SERVICES, INC. PROPERTY MANAGEMENT & FACILITIES MAINTENANCE D/FOiCA'F_rR To r. Organizational Chart ,,-I,idena Street- i.nke FIsinore CA <1- ; City Council Ph: 714-s71-0175 Fal:644 1300404 11/15/2022 W%% XU11SLl(tIIS0I- <e.c0m ACt> 6V CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 08/03/2022 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 endorsement(s). PRODUCER Knutson Reeves Insurance Services CONTACT NAME: Shiqg Parker 41856 Ivy Street, Suite 105 Murrieta, CA 92562 Ale No 951)600.8100 FANo 951)600-8013 ADDRESS: shirleypkrpatriot.com INSURER S AFFORDING COVERAGE NAIC N License #: OE22572 INSURERA: Mesa Underwriters S craEi Ins Co 36838 INSURED Real Estate Consulting & Services, Inc. 18345 Pasadena Street, Lake Elsinore, CA 92530 INSURERB: Topa Ins Co 18031 INSURERC: United WI Ins Co 29167 INSURERD: Westchester Surplus Lines Ins Co 10172 INSURER E: Ohio Security Ins Co 24074 INSURER F : COVERAGES CERTIFICATE NUMBER: 10000164-2023689 RFVI_SinN KII]MBER- 4na 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 MAYBE 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. INSR LTR TYpE OF INSURANCE ADDL I D SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYYI POLICY EXP (MM/001yyyyi LIMITS A X COMMERCIAL GENERAL LIABILITY CLAWS -MADE Lk OCCUR Y Y MP0082001004913 07/31/2022 07131/2023 EACHOCCURRENC£ $ 1,000,000 DAMAGE TO R PREMI ES Ea occurrence $ 100,000 MED EXP (Any one person) $ 6,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGRFGATE LIMITAPPLIES PER: POLICY JECT LOC GENERAL AGGREGATE $ 2,00 000 PRODUCTS-COMPIOPAGG $ _ 2000000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE IMIT Ea accident $ BODILY INJURY(Perperson) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per { ) $ PROPERTY DAMAGE Peraccident $ B UMBRELLA LIAB OCCUR XL00202006-04 07/31/2022 0713112023 EACH OCCURRENCE $ 2,000,000 X AGGREGATE $ 2,000,000 EXCESS LIAR CLAIMS -MADE RED I I RETENTION$ $ `+ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y r w ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? Y NIA WC576.00008-022-$Z 0110512022 02101/2023 X PER OTH- STATUTE ER E.L.EACHACCIDENT _ $ 1,000,000 EL. DISEASE - EA EMPLOYEE — $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D E Pollution Liability Inland Marine G71800726003 BM058465588 _ _ 04/10/2022 01/22/2022 04/10/2023 01/22/2023 General Aggregate Leased/Rented Equip 2,000,000 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) General Liability Coverage is Primary & Non -Contributory. Blanket Additional Insured Endorsement and Blanket Waiver of Subrogation attached in regards to General Liability. All Policies provide 30 days prior notice of Cancellation LOLA3112Lg-11I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Proof of Insurance ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City Council I 1 ,� Za/ 9L20 2 SRP O 1988-2015 ACORD CORPORATION. II rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by SRP on 08/03/2022 at 02:50PM COMMERCIAL GENERAL LIABILITY CG 20 01 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. City Council 16 — 132 11/15/2022 CG 20 01 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: MP0082001004913 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period, or occurrences resulting from the conduct of your business during the policy period. A person or organization that qualifies as an "insured" under the above paragraph of this Endorsement shall be an additional insured solely with respect to such additional insured's liability for "bodily injury," property damage" or "personal and advertising injury" caused in whole or in part by your acts or omissions in the performance of "your work" for the additional insured on or at "commercial construction projects." For the purposes of this Endorsement, "commercial construction projects" are defined as buildings or structures constructed for commercial use and also includes apartments, hotels, homes for the aged, dormitories or barracks. However, "commercial construction projects" shall not include any building or structure which contains individual owner occupied units or dwellings. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. City Council CG 20 10 11 85 16 — 133 Copyright, Insurance Services Office, Inc., 1984 11 /15/2022 Page 1 of 1 p COMMERCIAL GENERAL LIABILITY CG20330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. City Council CG 20 33 04 13 16 — 134 ©Insurance Services Office, Inc., 2012 11 /15/2022 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: I. Required by the contract or agreement you have entered into with the additional insured; 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. City Council 16 — 135 11/15/2022 Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 33 0413 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises awned by or rented to you. City Council CG 25 03 11 85 16 - 136 Copyright, Insurance Services Office, inc., 1984 11 /15/2022 Page 1 of 1 POLICY NUMBER: MP0082001004913 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period, or occurrences resulting from the conduct of your business during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. City Council CG 24 0410 93 16 — 137 Copyright, Insurance Services Office, Inc., 1992 11 /15/2022 Page 1 of 1 17 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned 1 that making a false certification may subject the certifier to criminal prosecution. Signed State of California V County of U5-A'1 -e_ Subscribed and sworn to (or affirmed) before me on this a9�\ day of A bQ O 20A by I ► t Y Vl ) ni jo IC , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Marina Elizabeth Coss • COMM# 2378279 4 NOTARY PUBLIC—CALIFORNIA Orange county MY COMM, EXPIRES 1012112025 otary Pub c Srgr ure Notary Public Seal City of Santa Ana RFP _ Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated fiends 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 employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm 4ot(r,-'56k (o Signed and Painted Name: Title Date 1tit Se�V;cis►. City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCR 41NATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed 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. 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 commitments 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 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant 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 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 ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 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 City of Santa Ana RF���� 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 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 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. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Finn: Date: iC ee -1)1C , City of Santa Ana RF Page A3-4 EXHIBIT C City Council 16 — 142 11/15/2022 : ■■ s■ -ml �.4 0 U El REAL ESTATE CONSULTING & SERVICES, INC. PROPERTY MANAGEIAENT & FACILITIES MAINTENANCE DEDICA."'EU TO 42U%LITY Aft' lhr7-cGRI7*1- FEE SCHEDULE ON -CALL RIGHT OF WAY PROPERTY BOARD -UP SERVICES RFP NO: 22-091 REGULAR HOURLY RATE OVERTIME RATE TECHNICIAN #1 $92.00 PER HOUR $138.00 PER HOUR HELPER RATE $92.00 PER HOUR $138.00 PER HOUR • ALL MATERIALS PURCHASED WILL HAVE A 10% MARK UP BILLED TO THE CITY METHOD AND MATERIALS: THE REQUIRED USFA NATIONAL ARSON PREVENTION INITIATIVE BOARD UP PROCEDURES WILL BE USED AS THE METHOD TO PERFORM THIS WORK • MATERIALS 0 1. 1/2-INCH (4 PLY) CDX PLYWOOD, EXTERIOR GRADE. 0 2. BRACES — 2-BY-4BY 8 FEET OF CONSTRUCTION -GRADE LUMBER. 0 3. 3/8-INCH (COARSE THREAD) BY 12-INCH LONG CARRIAGE BOLTS (ROUNDED HEAD ON WEATHER SIDE). 0 4. 3/8-INCH (COARSE THREAD) CONSTRUCTION GRADE NUTS. 0 5. 1/2-INCH (USS STANDARD) FLAT WASHERS WITH AN INSIDE DIAMETER LARGE ENOUGH TO BYPASS THE WRENCH NECK INSIDE THE CARRIAGE BOLT HEAD SO THAT NO LIFT EDGE IS AVAILABLE BENEATH AN INSTALLED CARRIAGE BOLT HEAD. 0 6. 3/8-INCH (USS STANDARD) DIAMETER FLAT WASHERS FOR INSTALLATION BENEATH THE NUT INSIDE THE BUILDING. 0 7.1 5/8-INCHES (6D) GALVANIZED OR STAINLESS STEELRING-SHANK NAILS OR COMPARIBLE DECK NAILS. City Council Ph: 1 I:.t-571-0171; Fa\1-1-rA4� 404 11/15/2022 1� 1V'1F.1"C)nsulIllserve.com City Attorney Office www.santa-ana.org/ca/ Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Construction Auditing Services for the Carnegie Navigation Center AGENDA TITLE: Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC ("Ankura") to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total not -to -exceed amount by an additional $50,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On August 5, 2022, the City's Attorney's Office ("CAO") entered into Agreement #N- 2022-215 for Ankura to conduct an audit review of billings and billing practices regarding construction of the homeless shelter by Dyer 18 LLC. Prior to entering into this Agreement, CAO negotiated discounted rates with Ankura to conduct this audit. Since August 5, Ankura and CAO have worked steadily on this matter. A review of costs to maintain services for this audit necessitated this request to the City Council. Ankura has consistently made itself available to CAO regarding this matter and the amendment to increase compensation will ensure completion of the requested work product. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the City Attorney's Contract Services -Professional account (no. 01108032-62300): Fiscal Year Amount 2022-23 $50,000 Total $50,000 City Council 17 — 1 11/15/2022 Construction Auditing Services for the Carnegie Navigation Center November 15, 2022 Page 2 EXHIBIT(S) 1. First Amendment to Agreement with Ankura Consulting Group, LLC Submitted By: Sonia Carvalho, City Attorney Approved By: Kristine Ridge, City Manager City Council 17 — 2 11/15/2022 FIRST AMENDMENT TO AGREEMENT WITH ANKURA CONSULTING GROUP, LLC TO PROVIDE FORENSIC CONSTRUCTION AUDIT SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on November 15, 2022, by and between Ankura Consulting Group, LLC, a Delaware limited liability company ("Ankura"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. N-2022-215 ("Agreement") dated August 5, 2022, to engage Ankura due its special skill and knowledge in the field of forensic construction auditing. B. The Agreement is current and in -effect and runs through either the completion of services or termination by the Parties, as detailed in the Agreement. C. The parties now wish to amend the Agreement to increase the overall compensation to the Agreement. No further changes are contemplated by this Amendment. The Parties therefore agree: Section 2, Fees and Expenses, is hereby amended to increase the not -to -exceed amount of this Agreement by $50,000. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 4/ ► �. JohrU4. Funk Chief Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager ANKURA CONSULTING GROUP, LLC ( � �A �.Z_ Peter Badala Sr. Managing Director City Council 17 — 3 11 /15/01 of l Community Development Agency santa-ana.org/cd Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Subcontractor Agreement with Working Wardrobes AGENDA TITLE: Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Californians for All Youth Workforce Program (CA4AI1) is a Governor's initiative administered by California Volunteers in partnership with cities across California. The purpose of the initiative is to increase youth employment, develop youth interest and experience towards a career in public service, and strengthen city capacity to address key areas of climate, food insecurity, and local COVID-19 recovery. The grant will target youth between 16-30 years of age, with priority given to youth who meet two or more of the following: • Have not participated in an AmeriCorps program; • May have difficulty finding employment; • Are low income, unemployed, and/or out of school; • Were justice involved; • Currently in or transitioning from foster care; or • Engaged with the mental health or substance abuse system. Working Wardrobes will collaborate with the City's CA4AI1 youth program to conduct workforce readiness workshops with the option of adding professional wardrobe services to prepare the participants to enter the workforce. CA4All participants may attend all or a customized selection of workshops based on their particular need. Working Wardrobes has 32 years of experience in delivering comprehensive career development, training, and professional wardrobe fittings to over 115,000 men, women, young adults, and veterans. City Council 18 — 1 11/15/2022 Subcontractor Agreement with Working Wardrobes November 15, 2022 Page 2 This agreement will help the City fulfill the goal of serving 290 youth by May 2024 under the Californians for All Youth Workforce grant. FISCAL IMPACT Funds are budgeted and available for anticipated expenditures as follows: Accounting Fund Accounting Unit, Amount Fiscal Year Unit- Account Description Account Description FY 22-23 18318763 - CA for All Grant, (November — 69135 CA for All Grant Payment to $125,000 June) Subagent FY 23-24 18- CA for All Grant, (July —May) 69135 9135 CA for All Grant Payment to $125,000 Subagent Total Expenditures $250,000 EXHIBIT(S) 1. Agreement — Working Wardrobes Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 18 — 2 11/15/2022 EXHIBIT 1 CALIFORNIA VOLUNTEERS SUBCONTRACTOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND WORKING WARDROBES THIS CALIFORNIA VOLUNTEERS, CALIFORNIANSFORALL YOUTH WORKFORCE DEVELOPMENT PROGRAM, GRANT AGREEMENT ("CA4A11 Agreement"), is hereby made and entered into this 15th day of November, 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("Contractor"), and Working Wardrobes, a California nonprofit organization ("Subcontractor"). RECITALS: A. Contractor submitted a proposal for the Civic Engagement Youth Workforce Development Project funded by California Volunteers, specifically the CaliforniansForAll Youth Workforce Development Program ("CA4A11"). B. Contractor's main objective of CA4All is to provide meaningful work experience to local youth, particularly those who are historically part of underrepresented groups and have difficulty finding employment due to the pandemic. The focus will be on low-income youth, justice involved youth and other marginalized groups. Additionally, the project aims to address issues of food insecurity by collaborating with food recovery organizations and services to help feed those in need. C. Contractor is the recipient of CA4All funds from the State of California. On June 7, 2022, Contractor entered into State of California Agreement Number JP1012, Contractor Agreement No. A-2022-089, commencing on June 7, 2022, through May 1, 2024, in a total amount not to exceed $4,497,514.00 ("State CA4All Agreement"). A true and correct copy of the State CA4A11 Agreement is attached hereto as Exhibit A and incorporated herein by this reference. D. Subcontractor has been made aware of the State CA4All Agreement and agrees to comply with all the conditions of the State CA4All Agreement and the applicable State requirements governing the use of CA4All grant funds, including State Fiscal Recovery Funds. E. Contractor now approves the provision of CA4A11 grant funds to Subcontractor in an amount not to exceed $250,000.00, to be used in compliance with the CA4A11 objectives defined herein. F. Subcontractor represents that it has the requisite qualifications, expertise, and experience to use said CA4All grant funds to operate pursuant to CA4A11 objectives. 1 City Council 18 — 3 11/15/2022 EXHIBIT 1 G. This CA4A11 Agreement is contingent upon the award of CA4A11 grant funds from the State of California. H. Contractor and Subcontractor have duly executed this CA4A11 Agreement for the expenditure and utilization of said CA4All funds. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this CA4All Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire CA4A11 Agreement between the Contractor and Subcontractor: 1. SCOPE OF SERVICES Subcontractor shall perform during the term of this CA4A11 Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services necessary for the CA4A11 objectives, as detailed in the Program Proposal attached hereto as Exhibit B and incorporated herein by reference ("Program"). 2. TERM This CA4A11 Agreement shall take effect on the date first written above and shall terminate on May 1, 2024, unless otherwise terminated, cancelled or modified according to the terms of this CA4A11 Agreement. 3. DISBURSEMENT AND FUNDS A. Contractor was allocated $4,497,514.00 in CA4A11 grant funds from the State of California to be expended by May 1, 2024. Contractor agrees to pay to Subcontractor when, if and to the extent State CA4A11 grant funds are received a sum not to exceed $250,000.00 for Subcontractor's performance of the Program through the term of this CA4A11 Agreement. Said sum shall be paid after Contractor receives invoices submitted by Subcontractor as provided herein. B. In accordance with the Reporting and Invoicing requirements found in Exhibit A, Subcontractor shall submit quarterly invoices in a form prescribed by the Contractor, detailing such expenses. Such schedule may be modified with the approval of the Contractor. C. Payment is subject to the receipt and approval of such invoices and quarterly activity reports. Contractor shall pay such invoices within thirty (30) days after receipt thereof, provided Contractor is satisfied that such expenses have been incurred within the scope of this CA4A11 Agreement and that the Subcontractor is in compliance with the terms and conditions of this CA4A11 Agreement. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty -day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation PJ City Council 18 — 4 11 /15/2022 EXHIBIT 1 will cause the Contractor to withhold all or a portion of a request for reimbursement until such documentation has been received and approved by the Contractor. D. Subcontractor agrees to use said funds pursuant to this CA4Al1 Agreement to pay for necessary and reasonable costs allowable under state law and regulations to operate said CA4All Program only. Subcontractor's failure to perform as required may, in addition to other remedies set forth in this CA4All Agreement, result in readjustment of the amount of funds the Contractor is otherwise obligated to pay to the Subcontractor pursuant to the terms hereof, or termination of this CA4All Agreement. 4. STATE CA4ALL AGREEMENT Contractor entered into State Agreement Number JP 1012 with the State of California receiving and recognizing $4,497,514.00 in CA4All grant funds to be used by Contractor to address youth workforce development. A true and correct copy of the State CA4All Agreement is attached hereto as Exhibit A and incorporated herein by this reference. Subcontractor has been made aware of the State CA4All Agreement and agrees to comply with all the conditions of the State CA4All Agreement and the applicable State requirements governing the use of CA4All grant funds. 5. INDEPENDENT CONTRACTOR Subcontractor shall, during the entire term of this CA4All Agreement, be construed to be an independent contractor and not an employee of the Contractor. This CA4All Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the professional manner in which Subcontractor performs the services which are the subject matter of this CA4Al1 Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This CA4All Agreement creates a non-exclusive and perpetual license for Contractor to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this CA4All Agreement ("Documents & Data"). Subcontractor shall require all subcontractors to agree in writing that Contractor is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this CA4Al1 Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to 3 City Council 18 — 5 11/15/2022 EXHIBIT 1 Subcontractor by the Contractor. Contractor 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 CA4Al1 Agreement shall be at Contractor's sole risk. 7. INSURANCE Subcontractor shall procure and maintain for the duration of the CA4Al1 Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Subcontractor, its agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance: coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 O1 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Subcontractor has no owned autos, hired (Code 8) and non -owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage. (Not required if Subcontractor provides written verification it has no vehicles.) 3. Workers' Compensation: insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Sexual Abuse or Molestation (SAM) Liability: if the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $100,00 per occurrence or claim and with a limit not less than $1,000,000 per occurrence or claim for organization. (Not required if Contractor staff is present during all activity.) 5. Broader Coverage: if Subcontractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or the higher limits maintained by Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Contractor. 6. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the Contractor. The Contractor may require Subcontractor to provide 4 City Council 18 — 6 11/15/2022 EXHIBIT 1 proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Contractor b. Other Insurance Provisions: the general liability policy is to contain, or be endorsed to contain, the following provisions: 1. Additional Insured Status: The Contractor, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Subcontractor including materials, parts, or equipment furnished in connection with such work or operations. 2. Primary Coverage: For any claims related to this CA4All Agreement, the Subcontractor's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Contractor, its officers, officials, employees, and volunteers. 3. Waiver of Subrogation: The Insurance Company agrees to waive all rights of subrogation against the Contractor, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Subcontractor for the Contractor. This provision also applies to the Subcontractor's Workers' Compensation policy. 4. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Contractor. 5. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Contractor. 6. Verification of Coverage: Subcontractor shall furnish the Contractor with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Contractor before work begins. Contractor reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. 7. Special Events Coverage for Instructors: Special events coverage is available for an additional fee to provide the liability insurance required by this CA4All Agreement. Subcontractor can obtain additional information and cost from the Contractor. k, City Council 18 — 7 11/15/2022 EXHIBIT 1 8. Special or Low Risk Activities: Contractor reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Contractor reserves the right to modify or waive insurance requirements for certain low risk recreational activities. 8. INDEMNIFICATION Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this CA4Al1 Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this CA4Al1 Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this CA4All Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any action by a third party challenging the validity of this CA4All Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this CA4All Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Subcontractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Subcontractor. 9. RECORDS Subcontractor shall keep records and invoices in connection with the work to be performed under this CA4All Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this CA4All Agreement and any services, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this CA4All Agreement. All such records and invoices shall be clearly identifiable. Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this CA4All Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this CA4All Agreement for a period of three (3) years from the date of final payment to Subcontractor under this CA4All Agreement. [1 City Council 18 — 8 11/15/2022 EXHIBIT 1 10. CONFIDENTIALITY If Subcontractor receives from the Contractor information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this CA4All Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this CA4All Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Subcontractor without reference to information disclosed by the Contractor. 11. CONFLICT OF INTEREST CLAUSE Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this CA4All Agreement. 12. NON-DISCRIMINATION Subcontractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Subcontractor 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 CA4All Agreement and the State CA4Al1 Agreement represent the complete and exclusive statements between the Contractor and Subcontractor, and supersede any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this CA4Al1 Agreement and the State CA4All Agreement, the terms of the State CA4All Agreement shall prevail. This CA4Al1 Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Subcontractor or the Contractor. Each party to this CA4All Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. City Council 18 — 9 11/15/2022 EXHIBIT 1 14. ASSIGNMENT Inasmuch as this CA4A11 Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent shall be considered null and void. Nothing in this CA4All Agreement shall be construed to limit the Contractor's ability to have any of the services which are the subject to this CA4All Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor. 15. TERMINATION This CA4A11 Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor's use thereof for such purposes as the Contractor deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this CA4All 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 CA4All Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This CA4All Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this CA4A11 Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this CA4All Agreement. 18. PROFESSIONAL LICENSES Subcontractor shall, throughout the term of this CA4All Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of s City Council 18 — 10 11/15/2022 EXHIBIT 1 14. ASSIGNMENT Inasmuch as this CA4All Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent shall be considered null and void. Nothing in this CA4A11 Agreement shall be construed to limit the Contractor's ability to have any of the services which are the subject to this CA4All Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor. 15. TERMINATION This CA4A11 Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor's use thereof for such purposes as the Contractor deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this CA4A11 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 CA4A11 Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of. .any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This CA4All Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this CA4A11 Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this CA4All Agreement. 18. PROFESSIONAL LICENSES Subcontractor shall, throughout the term of this CA4A11 Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of City Council 18 —11 11/15/2022 EXHIBIT 1 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. Subcontractor shall notify the Contractor immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this CA4AI1 Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this CA4Al1 Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: CONTRACTOR: SUBRECIPIENT: City of Santa Ana Working Wardrobes Community Development Agency (M-25) 2000 E. McFadden Ave, Suite 100 20 Civic Center Plaza Santa Ana, CA 92705 P.O. Box 1988 714-210-2460 Santa Ana, CA 92702-1988 (714) 647-5378 (714) 647-6549 FAX A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this CA4Al1 Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney's fees, for any injuries or damages to Contractor 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 CA4All Agreement. {Signatures on following page} City Council 18 — 12 11/15/2022 EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this CA4AII Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City At By: RYOA ODGE yti tssoneyA RECOMMENDED FOR APPROVAL MICHAEL GARCIA Executive Director Community Development Agency 10 CITY OF SANTA ANA KRISTINE RIDGE City Manager WORKING WARDROBES Name:�y7,, Tv Title: City Council 18 — 13 11/15/2022 EXHIBIT 1 EXHIBIT A STATE CA4ALL AGREEMENT STATE CONTRACT NUMBER JP 1012 11 City Council 18 — 14 11/15/2022 DocuSign Envelope ID: D9400988-4C42-408F-ABFD-5AC4C85A4BCF �; U6SU-JP� U1 Z p:CDC) �} COcbOrgh Synch}ro Q "I Q 89 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (IfApplicable) STD 213 (Rev. 04/2020) J P 1012 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME OPR/California Volunteers -� CONTRACTOR NAME City of Santa Ana 2. The term of this Agreement is: START DATE June 7, 2022 THROUGH END DATE May 1, 2024 1 The maximum amount of this Agreement is: $4,497,514.00 or Four -Million, Four -Hundred Ninety -Seven Thousand, Five -Hundred Fourteen Dollars and 00/100 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 5 Exhibit B Budget Detail and Payment Provisions 2 Exhibit C * General Terms and Conditions Online + Exhibit D California Volunteers' Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions 6 irems snown wrrn an asrerrsrc (), are nereoy rncorporureu oy rerererrce una moue purr or ruts agreernen i as a urracneu nerero. These documents can be viewed athttnsJ/www.dAs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP 20 Civic Center Plaza Santa Ana CA 92701 PRINTED NAME OF PERSON SIGNING TITLE Kristine Ridge City Manager SIGNATURE DATE SIGNED 7;AYTHORIZED S7A)* 6/9/2022 STATE OF CALIFORNIA CONTRACTING AGENCY NAME OPR/California Volunteers CONTRACTING AGENCY ADDRESS CITY STATE ZIP 1400 1 Oth Street Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Anthony Chavez Director of Operations AGENCY AUTHOR17FD SIGNATURE DATE SIGNED 7a=4C� 6/13/2022 ALI ENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) ATT9$r. = P� gngg �'CLERKIOF THE COLINRr Daisy Gomez Clerk of the Council, MMC Page I of 1 DocuSign Envelope ID: D9400988-4C42-408F-ABFD-5AC4CB5A4BCF laity of Banta An; EXHIBIT 1 JP101; Exhibit A Scope of Work City of Santa Ana Civic Engagement Youth Workforce Development Project Funded by CaiiforniaVolunteers Section 1: Program Goal 1. What does your city hope to gain from this program/are there strategic goals this program can help your city meet? The City of Santa Ana through its Workforce Development Board (SAWDB) intends to provide meaningful work experience to local youth, particularly those who are historically part of underrepresented groups and have difficulty finding employment due to the pandemic. The focus will be on low-income youth, justice involved youth and other marginalized groups. Strategically, the City will strengthen existing partnerships and establish new ones with agencies and organizations committed to increasing youth employment, providing career guidance and fostering that same commitment in the youth they serve, Youth, will be provided with meaningful work experience coupled with intensive career exploration. lastly, the project aims to address issues of food insecurity by collaborating with food recovery organizations and services to help feed those in need. The lead for this project is the SAWDB, the designated administrator and operator of workforce development programming for the City of Santa Ana and recipient of federal Workforce Innovation and Opportunity Act (WIOA) and other workforce development funding. Section 2: Program Design 1. Which focus area(s) will youth be working on (food insecurity, climate change, etc.)? If other focus areas are addressed, please describe. Youth will be working directly on projects and assignments addressing food insecurity, the impacts of climate change, and post -pandemic recovery. 2. Do you plan to sub -grant with CBOs? If so, please name each organization and any prior experience they have running similar programs or the process by which you will select CBO partners. The City of Santa Ana will provide services to youth using both in-house program staff and partnerships with Community Based Organizations (CBOs). In house program staff will include personnel from both the Santa Ana WORK Center and the Santa Ana Public Library. The WORK Center has decades of implementing youth programs specifically through a "Daisy Wheel' service delivery model. The underlying philosophy of the Daisy Wheel is an "All Youth One System" concept, where resources are leveraged from a network of Youth Service Providers. The concept allowed youth regardless of eligibility to receive services from the various partners of a Youth Service Providers Network (YSPN). City Council 18 — 16 11/15/2022 ❑ocu5ign Envelope ID: D9400988.4C42-408F-A8FD-5AC4CB5A4BCF EXHIBIT 1 The YSPN consists of Service Providers that collectively offer various youth services in a creative and interactive manner. The concept, allows the Service Provider to focus on what service they specialize in and do best. The YSPN will promote broad -based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. The WORK Center as the Navigator will provide partners with structure and guidance toward meeting the grant objectives, convene and facilitate partner meetings, establish partner subcontracts, monitor compliance and performance, collect and report participant data, and disburse grant funds. The SAWDB plans to engage the Santa Ana Public Library, which operates various successful youth engagement programs including BrainFuse and Universal Class. Both programs provide online training courses along with robust support to help users master academic concepts. The library also let's library card holders "borrow" the internet with their library card by providing youth WI-FI Hotspots, for those members of our community who do not have internet access at home. The City will work toward the expansion of these programs to engage more youth, up to age 18. The Orange County Conservation Corps (OCCC) is a current sub -recipient of Workforce Innovation and Opportunity (WIOA) Youth funding from the City of Santa Ana. OCCC has a long standing record of successfully operating youth workforce development programs for the City and has particularly been engaged with older (18+) youth experiencing multiple barriers, such as foster youth, the justice -involved, and very low-income. Working Wardrobes is also a subrecipient of funding from the City. Based on current performance outcomes, the City plans to engage Working Wardrobes in program delivery services for this grant as well. Working Wardrobes has been working with the City to help implement programs for justice- involved people for the past two years. They have unique expertise in engaging people prior to release from incarceration to help ease their transition to life outside. Additionally, program design is underway with two large food banks — Community Action Partnership of OC and Second Harvest - both serve the region to have youth fellows work in distribution, warehousing and growing fresh food. As it is the goal of the City to provide a broad, inclusive program for eligible youth, additional CEOs may be engaged if gaps in services are identified. 3. What activities will youth be working on? Please offer a brief, several sentence description of each job activity youth will be undertaking and any partners that will be involved in running that opportunity. The Santa Ana WORK Center, will provide paid summer work experiences as recreational leaders, community center attendants, and other support staff to restore City Council 18 — 17 11/15/2022 QocuSign Envelope 1D; 09400988-4C42-408F-ASFC-5AC4CB5A4BCF EXHIBIT 1 and reinvigorate Community Services programming at parks, community centers, libraries, and family resource centers. This effort is related to post -pandemic recovery. Santa Ana Public Library will provide online support for the provision of online career exploration including the expansion of the 4 youth Wl-FI hotspot program. The second project will engage youth in researching and documenting pandemic recovery efforts throughout the city, including City -led efforts to rejuvenate the local economy and stabilize its residents living conditions, providing a street -level view of successes and challenges. Using mixed media and particularly video production, participants will create a public service message sharing the results of their research. Youth participating with the OCCC will engage in multiple projects related to both food insecurity and climate resilience. While addressing food insecurity youth will load and unload trucks, package boxes of food, deliver to community pantries, and assist community partners with labor support at drive -up distribution events (traffic control, set-up logistics, and data collection). While addressing climate resilience youth will clear fire fuels from public spaces, remove debris from waterways, remove non- native/invasive trees/plants, install native plants and perform other erosion control measures. Much of the climate resilience work will be at the direction of the Orange County Conservation Corps and performed at public parks, trails and wetlands. Working Wardrobes will coordinate with the County of Orange, OC Sheriff's Department provide a workforce readiness program that includes pre-release services. This program will offer support and workforce readiness services for participants pre-release as well as post -release. 4. What is the proposed start date for programming? The proposed start date for programming is March 1, 2022. The Santa Ana City Council must approve new and/or expanded contracts prior to program implementation therefore the start date may be adjusted as necessary. Section 3: Youth Recruitment/Development 1. How will the city recruit youth? The City and its CBO partners have established networks that will be relied upon to disseminate program information. For example, the Youth Services Provider Network through the WORK Center holds meetings on a monthly basis, which brings together community serving organizations who have a youth focus. The City will also use various media resources including issuance of periodic news releases through its Public Information Officer; posting of electronic program announcements/flyers to social media including Facebook, Twitter, and Instagram and program information on the City's website. City Council 18 — 18 11/15/2022 Docuslgn Envelope ID: C9400988-4C42-408F-A8FD-5AC4CB5A4BCF EXHIBIT 1 Other outreach strategies will include social media, public service announcements, posting physical program announcements/flyers at all Santa Ana library branches, recreation centers, community and family resource centers, high school and college career counseling centers, and other high -traffic public spaces, distributing e- program announcements to utilities customers and housing voucher recipients; and delivering presentations to probation officers, social services agencies, guidance counselors, and other local youth -serving entities. 2. If you would like to propose your own priority criteria for participants in this program for California Volunteers approval, please do so in this section. N/A 3. What wrap around services, if any, is the city or subgrantee planning on offering to youth? The City, through its subgrantees, will provide career counseling, career exploration, case management, supportive services (transportation, gas cards, clothing, and assistance in locating child care), linkages with alternative secondary education and adult continuing education, and other appropriate referrals. 4. What wage will youth be paid, if known? What length of time do you anticipate the youth serving? Youth will be paid $15 dollars for work performed. If a particular assignment exceeds entry level skill sets and proficiency that will be considered and may result in a higher hourly wage. There will be a year-round and a summer track. Year-round assignments will last from 6-12 months while summer assignments will be from 8-10 weeks long. Section 4. Metrics/Outcomes 1. Can the city provide the required metrics listed above to CaliforniaVolunteers? Yes, the baseline metrics are similar to those already captured and recorded for other workforce development programs. However, the additional metrics related to participant outcomes and satisfaction 12 months after program completion will be very challenging as youth participants are very hard to locate and/or unwilling to respond to inquiries/surveys. 2. If not, please indicate which metrics the city is unable to provide. The following three metrics will prove challenging and we request that they be waived: City Council 18 — 19 11/15/2022 DocuSign Envelope ID: D9400988-4C42-408F-A8FD-5AC;4CB5A4BCF EXHIBIT 1 • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey. • Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey. • Percentage of youth employed in public service after one year of employment. 3. Are there other metrics you will be collecting to determine success of program? If so, please indicate which metrics. No. Section 5: Budget/Staffing/Communications 1. What is your proposed staffing plan for the program for the city and/or any subgrantees? The subcontracted teams consist of program managers and specialists (outreach, intake, and eligibility technicians, case managers, and job developers), crew/field supervisors, and project managers. These teams will manage the day-to-day aspects of the program, including as their titles suggest, recruiting participants, ensuring their eligibility, orienting them to the program, assigning them to a work crew, supervising their work/activity, providing them with appropriate wraparound services or referrals and documenting services delivered. Project SAY is staffed by City of Santa Ana employees who will supervise and direct youth placements at their respective worksites. City of Santa Ana WDB/WORK Center staff will provide administrative support including fiscal and programmatic oversight, compliance review, and tracking and reporting participant progress/outcomes. 2. Does your city commit to using CaliforniaVolunteers developed branding for this program and participating in CaliforniaVolunteers-organized train ings/curriculum, if asked? Yes. 3. Are you interested in participating in a program launch media event with CaliforniaVolunteers? Yes. City Council 18 — 20 11/15/2022 DocuSign Envelope ID: D94009B8-4C42-408F-ABFD-5AC4CB5A4BCF EXHIBIT 1 City of Santa Ana JP1012 Budget Detail Exhibit B Californians ForAll Youth Workforce Program Applicant: I Citv of Santa Ana iAdftiifia�t�a�ion-j%viust Not Exc�ek�,1,0%of 7ofcil.Aw�rrdJ r:..... , - items Description Calculation Total Budges % Allocation Cross Check Administrative Costs Staffing, rent, computer lease $ 449,751.40EMMOOMM Total $ 449, 751.40 1 10.0% 1.[Cpllfo„riign'soAll'Yi�f%t}i V47brlLbtce FellgV�rs.. Wage # Requested Hourly Salary # of Hours Total Budget 150 $ 15.00 160 $ 360,000.00 140 $ 15.00 560 $ 1,176,000,00 Iota! $ 1,536,000.00 ll.aliFoidnsdrAllFYsuth W[cforc+e,Fellows : OtF�Qr;elloW Coats Items Description Calculation Total Budget FICA for Fellows $ 254,736.00 $ 254,736,00 Worker's Compensation $ 467,712.00 $ 467,712,00 Total $ 722,448.00 W Ptagfattt Wrap Alour tl,Servicef,j�lt7t fp Exceed 4Q�`of Total=Awo{dJ.' Items Description Calculation Total Budget % Allocation Cross Check Case Management, Supportive Services including uniforms, 33 EE Ff E Sub -Contract tools etc 1 f1 Pt 11u„„ I Total $ 1,789,374.60 39.8% Total Budget Request..: $. 4,497,51.4.00 Total # of Fellows '.. 290 v f: ,Y,t =_'�Isf P"ei Partner Status (Proposed or Secured) Contractual Amount City of Santa Ana Secured $ 449,752.60 Orange County CC Secured $ 447,328.00 Working Wardrobes Secured $ 447,328.00 CAPOC Proposed $ 222,453.00 Second Harvest Proposed $ 222,453.00 Total $ 1,789,314.60 City Council 18 — 21 11/15/2022 DocuSign Envelope ID: D9400988-4C42-408F-A8FD-5AC4CB5A4BCF EXHIBIT 1 City of Santa Ana Agreement #JP1012 EXHIBIT B Budget Payment Provisions California Volunteers, California nsForAll Youth Workforce Development Program and City of Santa Ana BUDGET PAYMENT PROVISIONS 1. Invoicing and Payment aj For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement. b) Invoices shall include the Agreement Number and shall be submitted via PDF to fiscal@cv.ca.gov, 2. Budget Contingency Clause a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. e1of1 City Council 18 - 22 11/15/2022 Docu5lgn Envelope ID: D9400988-4C42-408F-A8FD-5AC4CB5A4BCF EXHIBIT 1 City of Santa Ana JP1012 Exhibit 1)(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions CaliforniansForAll Youth Jobs Corps Program Outcome and Output Reporting All CaliforniansForAll Youth .fobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program. Reporting Metrics Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance's review and approval: Required by Department of Treasury: o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs a Number of people participating in summer youth employment programs • Output: Total number of youth employed; number of hours of employment Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to CaliforniaVolunteers in a format and method to be specified by California Volunteers. • Number of youth participating in program • Number of youth employed in each focus area • Number of youth enrolled in job training/readiness programs • Number of youth completing job training/readiness programs • Number of youth participating in summer program (if applicable) • Average wage and hours worked of participants across program Information/data/member stories as requested for annual report • Does this project serve an economically disadvantaged community? • Number of youth employed in program who were previously unemployed City Council 18 - 23 11/15/2022 DocuSign Envelope 10: D9400988.4C42-408F-A8FD-5AC4CB5A4BCF EXHIBIT 1 City of Santa Ana JP1012 Exhibit 11)(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions • Number of youth who complete full program (i year or summer program) • Percentage of youth employed in program who remain in college or stable employment • Percentage of youth employed after completion of program • Percentage of youth who report job satisfaction after one year of employment, as reported by a survey • Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey • Percentage of youth employed in public service after one year of employment • Job training evaluations Reporting Deadlines: Report; Reporting Period Partner Reports Due 1 (if applicable) Award Date - December 31, 2021 January 10, 2022 2 January 1 - March 31, 2022 April 8, 2022 3 April 1 - June 30, 2022 July 8, 2022 4 July 1 - September 30, 2022 October 7, 2022 California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance. Reporting Process: California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees. City Council 18 - 24 11/15/2022 DocuSign Envelope 10: D9400988-4C42-408F-A8FD-5AC4CB5A4BCF EXHIBIT 1 City of Santa Ana JP1012 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions Calif orniansForAll Youth Jobs Corps program Invoicing This grant is a cost -reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding. Invoicing Deadlines: Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below. Financial Reporting Metrics: Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following: • Expenditure Amounts o Cumulative Expenditures (prior cycles) o Expenditure Adjustments (+/-) prior cycles o Expenditures (Current Cycle) o Total Cumulative Expenditures • Obligation Amounts o Remaining Obligation o Total Cumulative Expenditures o Total Cumulative Expenditures + Obligation o Award Amount • Notes (if applicable) These metrics are subject to change, depending on the California Department of Finance's review and approval. City Council 18 - 25 11/15/2022 DocuSign Envelope ID: D9400988-4C; 42-408F-A8FD-5AC4CB5A48CF EXHIBIT 1 City of Santa Ana JP1012 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions Financial Reporting Deadlines: deport` Reporting Period Partner Reports Due 1 Award Date W- December 31, 2021 January 10, 2022 2 January 1 - March 31, 2022 April 8, 2022 3 April 1 - June 30, 2022 July 8, 2022 4 July 1 -September 30, 2022 October 7, 2022 California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance. Reporting Process: California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees. City Council 18 - 26 11/15/2022 DoouSign Envelope ID: D9400988-4C, 42-408F-A8FD-5AC4CB5A4BCF EXHIBIT 1 City of Santa Ana JP1012 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions Californians ForAll Youth Jobs Corps Program State Fiscal Recovery Funds This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages. Resources: • Coronavirus State and Local Fiscal Recovery Funds: https://home,treas_ury.govZpolicy-issues/coronavirus/assistance-for-state- local-and-tribal-aoye_rn_ ments/state-and-local-fiscal-recovery-funds • State Fiscal Recovery Fund: https://www.dof.co.gov/budget/C4VID- 19/State Fiscal Recovery Fund/ • State Fiscal Recovery Fund Reporting Portal: https://www.dof.ca.gov/budget/C4VID- 19/State Fiscal Recovery Fund Reporting Portal/ Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract. City Council 18 — 27 11/15/2022 DocuSign Envelope ID: D9400988-4C42-408F-A8FD-5AC4CB5A4BCF EXHIBIT 1 City of Santa Ana JP1012 Exhibit D(1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions Programmatic and Fiscal Document Retention In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source. City Council 18 - 28 11/15/2022 A-2022-089 EXHIBIT 1 Contractor Certification Clauses CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. ontractor/Bidder Firm Name (Prin City of Santa Ana y (Authorized Signature Printed Name and Title of Person Signing Kristine Ridge Date Executed June 9, 2022 CONTRACTOR CERTIFICATION CLAUSES Orange IMPROidol 95-6000785 in the County o as to rorm; Ryan; O Hodge, Assistant City Attorney 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractorwill comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: ity C_O'Yn Ei F r1.T18 — 9 11/1 �/2022 EXHIBIT 1 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2001 Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. lCiWooWOctor agrees to cooperate fully inir$avWg reasonable accessiM 02022 contractor's records, documents, agents or employees, or premises if reasonably EXHIBIT 1 required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35, DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code §10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. 2), For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2_ LAROR QQQL=ORKERS' COMPENSATION- Contractor needs to be aware of the rabyi0oweihich require every employer to bd 81st.ttzdd against liability for il'4 W2@22 Compensation or to undertake self-insurance in accordance with the provisions, and EXHIBIT 1 Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE. An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. City Council 18 — 32 11/15/2022 EXHIBIT 1 EXHIBIT B PROGRAM PROPOSAL 12 City Council 18 — 33 11/15/2022 EXHIBIT 1 WorkingWardrobes' The Power of a Paycheck City of Santa Ana and Working Wardrobes CA4AI1 Youth Program Proposal For the past 32 years, Working Wardrobes has proudly delivered comprehensive career development and job training services to over 115,000 men, women, young adults, and veterans. We understand the multiple barriers to employment that young adults face and we create an environment of dignity and respect that allows clients to become their best, most confident selves. We are prepared to work with clients and tailor our approach to best suit their needs to move them to the next level for their individual success. The goal of this proposal is for City of Santa Ana CA4All Youth Program and Working Wardrobes to partner to offer our workforce readiness workshops with the option of adding professional wardrobe services. We look forward to assisting and supporting the at -promise youth within your organization as they prepare to enter the workforce. 1. Workforce Readiness Workshops The workshops listed below are a sample of topics that can be presented at the City of Santa Ana Work Center or Working Wardrobes. Each workshop is 1 hour and includes all materials and a certified facilitator. The Power of Your Image • This workshop aims to enhance a client's credibility by motivating them to be more conscious of projecting a positive and professional image through both visual and verbal communication. We focus on the power of first impressions including a winning handshake and appropriate eye contact. We also discuss different clothing styles and how to find what works best for each individual, how to make the most of the clothing each participant has and provide grooming tips for men and women. Job Search Strategies • Learn techniques to help you in your job search process including where to search for jobs and the "hidden job" market. Discover how to market your skills and abilities to employers. Create a job search strategy to help you stay focused on proactive in yourjob search. The Art of the Resume • Discover the building blocks to creating a resume. Obtain tips and techniques that help you to update and display your skills in a way that attracts employers. Pro 1U, y o nc11 18 — 34 11/15/20 ge 1 EXHIBIT 1 Tips and Tricks for Virtual and In -Person Interviewing • Understand the virtual world of interviewing including tips on how to prepare and stand out to the employer, answer tough questions, and feel confident using the technology. Social Media Etiquette • This workshop provides an opportunity for students to learn about and engage in professional social media usage. Students will learn the importance of projecting a professional image across all social media outlets including tips on setting up a Linkedln profile. Workplace Excellence Soft Skills Workshops • Today's companies demand essential workplace skills when hiring, retaining, and advancing quality employees. The Workplace Excellence Series is a powerful tool to help job seekers and incumbent workers master soft skills for workplace success during the job search and on the job. Clients enroll in soft skills training, which identify essential skills required for on-the-job success. As a result, clients are hired faster, perform better, and retain employment longer, positioning them for professional success and self-sufficiency. Topics include: ■ Adaptability -navigating success in the workplace ■ Dependabilty-maximizing your time in the workplace ■ Reasonability -managing your mindset in the workplace ■ Respectability —thriving in a multi -generational workplace ■ Suitability -fitting into the culture of the workplace ■ Transitionability-making a smooth job transition ■ Workability -realities & expectations in today's workplace ■ Writeability-written communication in the workplace Fee per workshop: $500.00 2. Career Success Center Services o Job Search Lab "drop -in" services ■ Services include: ■ Use of our computers for job search purposes ■ Resume assistance and preparation *appointment preferred* ■ One-on-one practice interviewing ■ Job placement assistance ■ Use of our job board and resources wall Job search lab services are available Monday -Thursday 10am-3pm on an ongoing basis to any of your clients. Appointments are required and can be made in person or virtual. There is no fee for service. Pro 1U, y o ncil 18 — 35 11/15/20 ge 2 EXHIBIT 1 3. Professional Wardrobe Services Personal shoppers assist each client in selecting appropriate career attire including professional clothing, shoes, and accessories. We offer excellent quality clothing and accessories for both men and women. Job seekers select a new "success suit" with the assistance of a trained 'Personal Shopper' in an inviting, department store -like setting. This comprehensive "shopping" experience is designed with an emphasis on the dignity and respect of each person we serve. It is our goal that our clients' look and feel successful, so they have the confidence necessary to succeed in their interviews and in their careers. This package provides a week's worth of items to mix and match professional and business casual options. Career Success Package DESCRIPTION Women Women Men (up to Men (size (size 0- (size 14+) size 44 jacket) 46+ jacket) 12) Women's 1 suit, 3 blouses, 2 bottoms (dress, $325 $375 Career Success Package - pant, or skirt), 1 pair of shoes, 1 3 Outfits purse and 3 accessories (belt or jewelry) Men's Career Success 1 suit, 2 pants, 3 dress shirts, $325 $375 Package - 3 Outfits 3 ties, 1 belt and 1 pair of shoes 4. Payment Terms ■ Provide payment for invoices within 30 days of receipt from Working Wardrobes. ■ If payment is not received within 60 days of the billing, Working Wardrobes will cease to accept referrals from the partner agency until the past due invoice(s) is paid in full. We look forward to working with you and making a positive impact on the lives of your clients. Sincerely, Mary Ann Profeta Chief Program Officer Working Wardrobes Pro 1UI fy o nc11 18 — 36 11 /15/20 ge 3 Community Development Agency www.santa-ana.org/cd Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: DTSA 2022 Holiday Decor AGENDA TITLE: Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Decor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total not -to -exceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION To enhance the City's holiday experience and offer a placemaking attraction for the community, Staff is recommending approval of an amendment to the agreement (N-2022- 271) with BrightLife Designs, LLC to provide holiday decorations in the downtown area. Holiday decorations serve as a beautification element throughout the holiday season and encourage residents to visit the downtown. In an effort to respond to the community's request to install holiday decorations throughout Downtown, on September 8, 2020, the Community Development Agency (CDA) issued a Request for Proposals (RFP) #2019-119 for qualified and experienced contractors for the installation, removal, and storage of holiday decorations. The BrightLife Designs, LLC proposal was selected because it demonstrated the ability to meet the unique needs of downtown and provide for flexibility, was readily available with an office in Orange County, and had a solid reputation in working with other government agencies. Most importantly, BrightLife Designs, LLC prioritized safety with the installation of the holiday decorations in order to preserve the security of residents, visitors, and property. CDA would like to allocate $120,000 to continue to promote and market Downtown to visitors throughout the holiday season. Additionally, the Public Works Agency (PWA) is requesting an additional $250,000 to use citywide on an "as -needed" basis to install additional holiday lighting and decorations. The installation of holiday decorations creates a very attractive and festive environment to encourage visitors to eat and shop in the downtown area. City Council 19 — 1 11/15/2022 DTSA 2022 Holiday Decor November 15, 2022 Page 2 FISCAL IMPACT Funds are budgeted and available in the Downtown Holiday Light account (no. 18118013- 62300 Contract Services) and will be appropriated in future fiscal year budgets as follows: Fiscal Accounting Unit- Fund Annual Contingency Annual Year Account Description Amount Total FY 22-23 18118013-62300 Activity# 22132301302 Downtown Holiday Light $55,535 $4,465 $60,000 FY 23-24 18118013-62300 Activity# 22132301302 Downtown Holiday Light $55,535 $4,465 $60,000 Total $120,000 For the Public Works Agency, 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 $250,000. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a contractor. EXHIBIT(S) 1. Amended Agreement 2. Original Agreement Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 19 — 2 11/15/2022 EXHIBIT 1 FIRST AMENDMENT TO DECORATIVE LIGHTING AGREEMENT FOR PROVISION OF HOLIDAY DECOR IN DOWNTOWN SANTA ANA THIS FIRST AMENDMENT to the above -referenced agreement is entered into on November 7, 2022, by and between Brightlife Designs, LLC, a California limited liability company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 1, 2022, the City and Contractor entered into Agreement No. N-2022-271 ("Agreement") for Contractor to install and store decorative lighting in Downtown Santa Ana. The Agreement runs through September 30, 2025 and is current and in -effect. B. The City, as part of its yearly celebration of the Winter Holiday season, submitted a Request for Proposal No. 20-119 ("RFP") for qualified and experienced contractors for the installation, removal, and storage of holiday decorations for up to four (4) years. In 2020, Contractor's proposal to this RFP was selected by the City, however, due to budgetary issues, the City only engaged with Contractor on a yearly basis in 2020 and 2021. Consistent with City Purchasing Rules and Regulations, the City's Purchasing Manager approved the use of the RFP to further engage the Contractor for installation and storage of holiday decorations in Downtown Santa Ana. C. In accordance with the terms and conditions of the Agreement, the Parties desire to amend the Agreement to expand the scope of services, increase the compensation for said additional services to provide Winter Holiday decorations for 2022 and 2023, and clarify the term of the Agreement. The Parties therefore agree: 1. Section 1, Scope of Work, is amended to include the following services: • Downtown Holiday Lighting: Scope of Work is amended to include services detailed in the attached proposal dated September 22, 2022, and is attached hereto as Exhibit A-1 to this First Amendment. Contractor agrees to provide a similar proposal for 2023 Holiday decorations no later than October 1, 2023. City will provide, in writing, its approval of the 2023 proposal. Any services not related to the Winter Holiday decorations may be subject to further amendment, which will require approval by the City Council for the City of Santa Ana. • City Hall Holiday Decor: Scope of Work is amended per the attached proposal dated November 3, 2022, and attached hereto as Exhibit B-1 to this First Amendment. • Tree Lighting: Scope of Work is amended per the attached proposal dated October 28, 2022, and attached hereto as Exhibit C-1 to this First Amendment. • On -Call Services: Contractor agrees to provide proposals, as directed by the City, for of 2 City Council 19 — 3 11/15/2 2 EXHIBIT 1 additional services as provided in RFP 20-119. City will provide, in writing, its approval of said proposal. Any services not related to those defined by the RFP may be subject to further amendment, which will require approval by the City Council for the City of Santa Ana. 2. Section 2, Compensation, is amended to increase the compensation for services provided by $370,000. This amount includes an annual not -to -exceed amount of $60,000 for services related to Exhibit A-1 for 2022 and 2023. Compensation, in an amount not -to -exceed $250,000 shall cover costs related to Exhibits B-1, C-1, and any on -call services, as detailed above. Any increase to agreement, for the services detailed here, will require approval by the City Council for the City of Santa Ana. 3. Section 3, Term, is hereby amended to memorialize that services related to the Winter Holiday decoration detailed in this First Amendment shall be completed by October 31, 2024. The term of the Agreement, as detailed in Recital A, shall not be changed or modified by this First Amendment. 4. Except as modified by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: don Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Michael Garcia Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR Name: Title: of 2 City Council 19 — 4 11 /15/2 2 EXHIBIT 1 EXHIBIT A-1 City Council 19 — 5 11/15/2022 Exhibit A-1 tb-ChL P AmIndment r a E *GN September 22, 2022 Contact Name: Julie Castro Title: Economic Development Specialist II Client Name: City of Santa Ana Email: JCastro5@santa-ana.org Phone: (714) 647-6585 City of Santa Ana Holiday Proposal 2022 V4 "PROPOSAL" Installation, Removal & Storage of Customer Owned Decorations Labor for all rental decorations included SUMMARY REPORT: - Bow and Garland Decor on Lamp Posts - Lighted Elements, Enhancement options (see separate - Spec Sheet). - City Wide Decor - New Additional Items Proposed DETAILED REPORT: Existing Lamp Post Decor — on 4th Street (from French St. to Ross St.) - Installation of seventy-nine (79) Light Posts with 10' sections of decorated garland two (2gty) per pole. - Customer owned decorations. Price includes Labor for installation, removal & storage of customers decor. - (158) total of 24" Red Bows with gold trim. Each Light Post will have a bow on either side, (2) bows per pole. - Labor Cost Per kit is $160 each. Labor Installation, Removal Cost $12,640.00 Storage Cost $3,800.00 Total $16,440.00 Purchase of New Light Pole Kits - Five (5) New 24" Double Bow Accent Kit with Red Bows, 10' of Mountain Pine Garland with Red and Gold Decor. Unlit. - Labor & storage for Five (5) New 24" Double Bow Accent Kit (2) Gold bows, 10' of Mountain Pine Garland with Red and gold decor. Unlit. Purchase of New Kits Price Per Each $495.00 Labor Installation, Removal & Storage Per Each $160.00 Total $3,275.00 10' Lighted Seating Teddy Bear - One (1) 10' Lighted Giant Teddy Bear, installation, and removal at Plaza Calle Cuatro. Lease Price $11,995.00 City Council 16351 Gothard St, STE C, HuntirAX;iaach, CA 92647 11 /15/2022 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com EXHIBIT 40 / *GN Holidav Cafe/Patio Lights S4 Lights- Plaza Calle Cuatro Installation and Removal of LED RGB color changing patio lights. Lights will be strung from lamp post to lamp post. There is six lamp posts in Plaza Calle Cuatro, approximately 150' of string cables and lights. RGB Lights are S4 color changing lights. Lights will be hung over head to enhance the plaza. Rental Price $2,225.00 8' Red Lighted Bow One (1) 3D 8' Lighted LED red bow installed at Plaza Calle Cuatro. Installation of a Large Lighted Red Bow that will be installed above the Giant Teddy Bear in front of the Santa ana sign. The bow is lighted with Red glitter fabric for day and nighttime appeal. The bow has an 8' button top and two 8' tails along either side. *Install Logistics to be discussed with City prior to installation. Please see sample photos for reference. Rental Price $5,900.00 IPS LED Projector Systems IPS LED light projected on Cinema building or the side of the city parking structure. with a custom gobo with verbiage. Snowflakes projected on the building walls. Use of a several LED Leko projectors and pipe and base. We recommend two locations; price is per location. Rental Price Per Location $4,950.00 Total Rental for Two (2) $9,900.00 Snowflake Ribbon Overstreet Decor- on 4' Street (French St. to Ross St.) - Installation of One (1) Overstreet Snowflake Ribbon Overstreet Element per existing Guide cables between buildings down 4t" street. Snowflake Skylines have one (1) 48" snowflakes and two (2) snowflake ribbon LED lighted mounts per each design. Eight possible locations at Eight Guide cables down 4t" street. Power availability at each cable to be discussed with city. At least Two (2) Skylines Recommended. V Please see reference photo. Rental Price Per Skyline $2,900.00 Total Rental for Two (2) $5,800.00 Total Rental Cost $55,535.00 Amount Due upon Acceptance of Proposal $27,767.50 Amount Due Prior to Installation Commencing $27,767.50 Total $55,535.00 City Council 16351 Gothard St, STE C, Huntir,407 -gach, CA 92647 11 /15/2022 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com EXHIBIT 1 i 40 4ODESIGN8., Timing and Agreement: This Agreement shall commence on October 30, 2022, the date first written above for a Two (2) year term with the option for the City to grant up to a two-year renewal, exercisable in writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. *3% CPI Increase implemented annually. Rental: Yes, Installation & Removal Services, Holiday Decor Purchase: N/A Installation Date: First week of Nov. 1st 2022- Working Hours: Business Hours & Night Hours Strike Date: First Week of January 2023 Installation Address: Downtown, Santa Ana, CA 90745 City Permits: * Price does not include city permits, additional cost for required permits. Insurance: Fee of $200.00 if Additionally Insured Certificate is required. To execute this agreement, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 15 days. Thank you. Sincerely, Joe Castro Will Gugerty Confirmed By and on Behalf of City of Santa Ana Authorized Signer Printed Name Date City Council 16351 Gothard St, STE C, HuntirAg9o-rrEBach, CA 92647 11 /15/2022 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com EXHIBIT 1 EXHIBIT B-I City Council 19 — 9 11/15/2022 Exhibit B-1 to fhiis ��rrslAmendment 40 a E *GN November 3, 2022 Michael Ortiz Parks and Recreation City of Santa Ana 20 Civic Center Plaza (714) 615-0892 City of Santa Ana City Hall Holiday Decor Proposal Installation of Rental Lighting and Decorations SUMMARY REPORT: - Tree Lighting and Holiday Decor - Proposal is menu Style, please select all that you wish to apply. - Please refer to site map for location of proposed elements. DETAILED REPORT: Public Library Large Palm Trees - Six (6) Palm Trees to be wrapped with BrightLife Designs commercial grade Warm White Mini Lights located at the Public Library Roundabout. Tree wrap will start ground level going up to the nut of the tree. Approximately Fourteen - Sixteen (14-16) light strands will be used on each tree. - Outlet Is located 10ft up on one palm. - Power ran overhead between each palm. Rental and Installation Price: $3,600.00 City Hall Plaza Palm Trees - Ten (10) Palm Trees to be wrapped with BrightLife Designs commercial grade Warm White Mini Lights located in the planter of the City Hall Building. Tree wrap will start ground level going up to the nut of the tree. Approximately Ten to Twelve (10-12) light strands will be used on each tree. - Three (3) Small Palms in the center wrapped with lights. Addition - Three (3) Lighted Reindeer placed throughout the planter between the trees. Addition - Outlet Is located 10ft up on one palm. - Power ran on the ground between each palm. Rental and Installation Price: $5,600.00 Olive Trees - Twenty -Four (24) Olive Trees to be wrapped with commercial grade BrightLife Designs Warm White Mini Lights located behind Santa Ana City Hall. Tree wrap will start at base level going up to the foliage of the tree. Height of wrap could vary from tree to tree based on what the foliage allows for. Approximately Six to Eight (6-8) light strands will be used on each tree. - Power will be supplied by the city. - BrightLife Designs will have to run Power overhead between each planter. - Each Tree gets their own power cord to allow for client owned system. Rental and Installation Price: $10,800.00 City Council 16351 Gothard St, STE C HunJg9bTrB1Qh, CA 92647 11 /15/2022 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com EXHIBIT 40 / *GN Overhead Lighting (Olive Trees) - Approximately Six Hundred and Twenty -Five (625) Feet of Warm White Faceted S14'Bistro Style' Lighting Ran overhead between each tree/planter. - The lights will be installed in a crisscross pattern. - Power will be supplied by the city. Two separate power lines. BrightLife Designs will have to run Power overhead between each planter. Rental and Installation Price: $9,375.00 One (1) Large Lighted Ornament Walkthrough Photo Op Element - One (1) Large Lighted Walk-through Ornament Photo Op positioned near the fountain and large tree. - The element is 14.76ft L x 14.76ft W x 13.28ft H. - Power will be run to a city installed outlet near the fountain. - Please see map for proposed location of element. Rental and Installation Price: $11,975.00 Japanese Garden Area - Addition - Ten (10) Trees to be wrapped with BrightLife Designs commercial grade Warm White Mini Lights located throughout the Japanese Garden Area. - Every other outer pillar of the structure be wrapped with lights. Approximately 11 pillars to be wrapped with lights. - Other areas Outlet Is located in the ground next to main front walkway. Rental and Installation Price: $9,150.00 Total: $50,500.00 Amount Due Acceptance of Proposal 50%: $25,250.00 Amount Due Upon Installation 50% $25,250.00 Total: $50,500.00 Timing and Agreement: - One year agreement starting Nov 12022 through Oct 31, 2023, with two (2) one-year optional extensions at City of Santa Ana discretion and based on BrightLife's performance and mutual agreement. Original Price will remain in effect for the remainder of the contract years two (2023) and three (2024). Rental: Yes, Installation and Removal of Rental Decor. Purchase: N/A Installation Date: Dec 4th-8th 2022 Working Hours: Business Hours Strike Date: N/A Installation Address: 26 Civic Center Plaza Optional Insurance: Insurance Certificates, Fee of $200 Accepted Or Denied (please circle one) City Council 16351 Gothard St, STE C Huntilg9orrBUch, CA 92647 11 /15/2022 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com EXHIBIT 1 i 41 a E 8 GG 11 S To execute this agreement, CIRCLE ALL THAT APPLY, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 10 days. Thank you. Sincerely, ;;z— Joe Castro Will Gugerty Confirmed By and on Behalf of City of Santa Ana Authorized Signer Printed Name Date City Council 16351 Gothard St, STE C Huntilg%TrB12eh, CA 92647 11 /15/2022 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com EXHIBIT 1 EXHIBIT C-1 City Council 19 — 13 11/15/2022 . 1 1..tl.BT &.RF-1\II - 11-1 lJII[-JII1 October 28th, 2022 Cesar Rodriguez Senior Civil Engineer City of Santa Ana 20 Civic Center Plaza (714) 647-5626 City of Santa Ana Bristol & 15t Tree Lighting v2 Installation of Rental Lighting Decorations SUMMARY REPORT: - Palm Tree Lighting. DETAILED REPORT: Palm Trees Nineteen (19) Palm Trees to be wrapped with commercial grade Warm White Mini Lights located on Bristol & 1st. Tree wrap will start eight (8) feet above ground level going approximately 15-18 feet up in the tree. Approximately Sixteen (16) light strands will be used on each tree. City will run power from closest street pole. From there power can be run overhead between each tree. Rental Price Per Palm $475.00 Amount Due Prior to Installation Commenting 50%: $4,512.50 Amount Due Upon Installation 50%$4,512.50 Total: $9,025.00 Pricing Schedule Year 1 (2022) Year 2 (2023) Year 3 (2024) $ 9,025.00 $ 9,386.00 $ 9,761.44 Timing and Agreement: - Multi -year agreement starting Nov 12022 through Oct 31, 2025, with two (2) one-year optional extensions at City of Santa Ana discretion and based on BrightLife's performance and mutual agreement. Original Price will remain in effect for the remainder of the contract years two (2023) and three (2024). *Excluding an annual 4% annual CPI Increase. Rental: Yes, Installation and Removal of Rental Decor. Purchase: TBD Installation Date: Nov 2022 or Dec V-10th Working Hours: Business Hours Strike Date: N/A Installation Address: S Bristol St & W 1st St Insurance: Fee of $200.00 if Additionally Insured Certificate is required City Council 16351 Gothard St, STE C HuntirigilloTrBlAh, CA 92647 11 /15/2022 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com EXHIBIT 1 i 40 4ODESIGN8., To execute this agreement, CIRCLE ALL THAT APPLY, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 5 days. Thank you. Sincerely, Joe Castro Will Gugerty Confirmed By and on Behalf of City of Santa Ana Authorized Signer Printed Name Date City Council 16351 Gothard St, STE C HuntiAg%TrB1a5h, CA 92647 11 /15/2022 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com „,Lt ON FILE EXHIBIT 2 viAY PROCEL J ifl,ouRw EXPIRES N-2022-271 ci` AGREEMENT WITH BRIGHTLIFE DESIGNS LLC TO PROVIDE uj DECORATIVE LIGHTS IN DOWNTOWN SANTA ANA cn THIS AGREEMENT is made and entered into on this I” day of September, 2022, by and between BRIGHTLIFE DESIGNS, LLC, a California limited liability company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of: installation and storage of decorative lights such LED string lights, and relative materials (cables, anchors) in Downtown Santa Ana. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor 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 adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated herein by reference. COMPENSATION City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges detailed in Exhibit A, attached hereto and incorporated herein by reference. The total amount to be expended during the term of this Agreement shall not exceed $50,000. Payment by City shall be 50% up -front within 15 (fifteen) days and the remaining 50% balance within 30 (thirty) following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 9 City Council 19 — 16 11/15/2022 EXHIBIT 2 3. TERM This Agreement shall commence on September 1, 2022, and continue until September 30, 2025, unless terminated earlier in accordance with Section 15 below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees, or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property Page 2 of 9 City Council 19 — 17 11/15/2022 EXHIBIT 2 damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Page 3 of 9 City Council 19 — 18 11/15/2022 EXHIBIT 2 Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the COL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and Page 4 of 9 City Council 19 — 19 11/15/2022 EXHIBIT 2 hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City f'or a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement f'or a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor Page 5 of 9 City Council 19 — 20 11/15/2022 EXHIBIT 2 without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor 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 of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City persomiel or by other contractors s retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor Page 6 of 9 City Council 19 — 21 11/15/2022 EXHIBIT 2 compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provifled in this Section, to the following persons: To City: Clerk of the City Council Page 7 of 9 City Council 19 — 22 11/15/2022 EXHIBIT 2 City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Steven Mendoza, Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Joseph Castro, Owner BrightLife Designs, LLC 16351 Gothard St., #C Huntington Beach, CA 92647 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Where any terms in the Exhibits conflict with terms set forth in this Agreement, the language of the Agreement shall prevail. (Signatures on following page) Page 8 of 9 City Council 19 — 23 11/15/2022 EXHIBIT 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: : Clerk of the Counci APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney r By: Y Ryan O. (14od q Assistant -City Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Jo h Castro Owner BrightLife Designs, LLC Page 9 of 9 City Council 19 — 24 11/15/2022 Exhibit �EXHIBIT August 31st, 2022 Contact Name: Julie Castro -Cardenas Title: Economic Development Specialist II Client Name: City of Santa Ana Email: jcastro-cardenas@santa-ana.org Phone: (714) 647-6585 City of Santa Ana Overstreet 4t" Street Lighting Proposal 2022 V1 "PROPOSAL" Purchase and Installation of Lighting Decorations SUMMARY REPORT: Overstreet Lighting Down 41h street from Sycamore to French St. Bistro Style Lighting. Reference Images/Concepts at the bottom of document. DETAILED REPORT: Overstreet Liehtin Product to be used: Overhead Lighting: Warm White Bistro Style Lights Approximately Thirteen Hundred (1,300) feet Medium Base E26 Socket Set SPT2 16Ga Black Wire, 8' Lead wire, 24" Spacing, Non -End Connecting Outdoor Use Approximately Six Hundred Fifty (650) S14 LED Warm White Faceted Replacement Bulb E26 Nickel Base, 10 Diodes, 120V Dimmable Installation of guide wire cable attached to Santa Ana Double Cobra Light Poles. Written Permission pending from City. Using turnbuckles and U-Clamps. Lights will be installed in a zig zag pattern. Please note: Exact power structure is unknown. Each light strand will tap into the current client power infrastructure. Water sealant silicone used at each cable entry point entering the building for power. Location: 4th Street 41h Street — From Sycamore St. to French St. Approximately Thirteen Hundred (1,300) feet Medium Base E26 Socket Set SPT2 16Ga Black Wire, 8' Lead wire, 24" Spacing, Non -End Connecting Outdoor Use in a zig zag pattern. Approximately Six Hundred Fifty (650) S14 LED Warm White Faceted Replacement Bulb E26 Nickel Base, 10 Diodes, 120V Dimmable Lights will be installed in a zig zag pattern. Lights Attached to Double Cobra Light Posts Down 41h Street. Total Cost $45,550.00 Amount Due upon Acceptance of Proposal $22,750.00 Amount Due Prior to Installation Commencing $22,750.00 Total $45,550.00 ,c BrightLife Designs LLC ri�ev� !-_.. a�sei e.ras�•,-I 2% 5T4 9 WwAti..,.WR ❑. a-. rn Qlcn7 City Council Phone: 714-326-8326; Direjq.: 4252-2274 11/15/2022 www. Brightlifedesigns.com EXHIBIT 2 i Timing and Agreement: Permissions Required from City to attach to city infrastructure. (Double Cobra Light Posts) Please allow for 10% contingency based on initial estimate. *Prices exclude shipping/taxes. Rental: N/A Purchase: Yes, Installation of Purchased Decor Installation Date: To be completed by Sunset on September 3, 2022 Working Hours: Business Hours & Night Hours Strike Date: TBD Installation Address: Downtown, Santa Ana, CA 90745 City Permits: * Price does not include city permits, additional cost for required permits, Insurance: Fee of $200.00 if Additionally Insured Certificate is required. To execute this agreement, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 30 days. Thank you. Sincerely, Joe Castro Will Gugerty Confirmed By and on Behalf of City of Santa Ana �n Vr J Authorized Signer .��� Sl Printed Name Date BrightLife Designs LLC 16g5le8tkar@l itrS�E r u.'*"re`F+g'�AFReask, GAi 64; City Council Phone: 714-326-8326; Dir49:412-672-2274 11/15/2022 www.Brightlifedesiens.com EXHIBIT 2 Sycamore to Main Street: in Street to Bush Street City Council 19 — 27 11 /15/2022 WOW 4th St AM& E 4th St° E 4th St E 4th St �ftlf , r J E 4th St E 4th St E 4th St A E 4th St E 4th St E 4th St E 4th Sty E 4t1 h St _ S� i' � ` Imo•\ _. �, _.--,. c.�.... EXHIBIT 2 Possible Power French S' frem 0.E xA Possible Power Overhead Bistro Lights ____—� ILocation .40, � Kr 01. S1 'i aF Possible Power 10. Location 0- Possible Power Location (0 Mai, St M.". Si r Jam- � Possible Power Location ID City Council 19-29 11/15/2022 EXHIBIT 2 IrrrDesigns S14 LED Warm White Faceted Bulb Huntington Banh CA 9M7 R S.S. BULBS' E26 Nickel Base SCALE: NTS 10 Diodes Iqs� ^rh` 120V Dimmable 1F..-� ���• .��A ri ^4 Lam" WZ" H3.2J' r Santa Ana Addless: Downlarm Santa PROPOSED STAINLESS STEEL j4n. ANCHORS ( SEE SPECS AT RIGHT) F Account Manager. Will Gugeny PROPOSED STAINLESS STEEL ( Too HIM in Eye Eye to Eye Hm to Hook TURN BUCKLES ( SEE SPECS AT RIGHT) S.S. Turn Buckle 111mdw: Stainless Steel Grade 304 or Stateless Steel Gratle 316 1 -y� SCALE:NTS _ SU89MeddTinobliCklera4MSM6.e,16)a101412016.IJ120 Desgnec PIL. .4 I Featu— The Tumd ,$,I, hat, eArac #ent poilcimance of ounwinn res5lance goad yield Strength and Scala. AS NOTEDTEE 1'l- Iensite strengin.These nuns are YAdehrased 41 humbly envi ornent win sally waler.ve,y long service NE. l rT Design No. 16-06-1963-01 Date 8.31.22 Reg. No.. Wire Rope Clamp and Thimble Kits —Not for Lifting Re,wons PROPOSED WIRE ROPE, THIMBLE & sulmmlw 2IyIl 19c ^13w1 WIRE ROPE CLAMP ( SEE SPECS AT Oead End i Turnback RIGHT) Live End — COMMERCIAL MEDIUM SUSPENDED / 30 w SOCKET STRING LIGHT & A15 CLEAR ( Clamp Thimble BULBS' \ / Kits Include clamps and thimbles to protect the inside of wire rape loops hom iraying. Clamps must be oriented with the saddle on the long (live) end and U-boll On the short (dead) end. FOR JOB CHECK DATE A.i. Mg, Galvanbed In"i and Iron clamp: and thimbles are corrosion resistant Galvanized Iron Clamp. with GWvani-d Steel Thimbles FOR CONSTRUC71ON DATE 10 3 S Y4" 3 01n2" 7M l9' stainless shot clamps and th—bles we chemical resistant, 311E 3 510 n 5 1 sr37- 1" 7116' Ami. Mgt. 4 WIRE ROPE THIMBLE & CLAMP Ve 3 15 1 W32" I ur W1E s N not,— before WaDesign �—EXISTING WALL (FIELD VERIFY). ming Test au for le aasenrdieF 11uned F1rin,gth use with =ib' 3 7Yl 16 11311E 1 W16' IUtE g SCALE: NTS coaled Inge u,tlesw Itw r-fing Is I=nrwved W 3 0 1T 30 2 114' 1 718' Ire- Proeucoon 3 10 vn'• dD 2 W 2111E hr _ GamD IT n 1511n• 45 241s 21119' Mf FOR INSTALL ONLY DATE For Number Required La• 4 is 75 3 ire" 2 W 1 1,16' Rope of Rope Torque, W 5 22 114• 76 3 5,16" 2 D'IE 1 111E Accl, Mg,. Di. Clamps Tumback IL4t1s NI M Thick I" Suird.. Sf.I Clamps rvkh 304 S,airJ.. Sorel ibimbMs Galvanized Steel Clamps with Galvanized Sod 7hhnbles IW 2 3'.. h306• Yd" W161 I Page 01 Of: 07 1r8• 2 3114' 4.5 31/32' Ira' Vr 116• 2 33W 1' 76' 111E Incw vnW 311E 2 3Y4' 75 1572" 1' 7/16• of 2 4Y4" B 7W iffd" Tl6• ' yuf°� wa Hmimxv �w m entn,u oyuvtuc. 1p� 11d' 2 4 Yd' 15 11"1D?" 1114' 9116- 5'16' 2 541' 15 1 1111E t Y0" 1 i/1E vvm+e.u�nu io w.towllvunlary U16+' 2 6 1/a" 30 1 1311E 1 B16^ 1111E 3Rr 2 D 1T 30 2 1116" 1 31C 1 Y1r v� Deuce :a"io e.rtvlwl n vb0w 3e' 2 61rr 45 21/4" 171W 71E 7116• 2 111rr 45 21T 2' i IT tr...ruryugvl wWu veu.vewnJta on. 711E 2 7` 65 23M' z)r1E 710' in 2 11 In' 45 2,17, 2' 11T Iunireunmevae eve. nu=hrpa awwgn. TYPICAL ATTACHMENT ELEVATION 1rr 3 111rI' 65 2niffd- 2111E 779• 1rr 3 12' 1G l.1tnE 2,11E 13r o meau=,a.4nwunorurymc, 1 W16" 3 Ir 95 21111E 21r16' 134 ye'krnc wwuevenuvw Nww m W 3 1'1' U5 31Ff 2W 11116` yb><.m n.m e.wNw,Lc".rmrvo-vn SCALE:3"=1''0" YC 4 1E 130 3916" 2N76" 11n6^ c''E 3 12' 95 31Ar 2W 17M bynne6wamuc Y4" 4 111" 130 31W 27116' 2111E O NUW tuu Cnlca vyW+4 miu vu=earrv: lie, .�aWwlrw iner.u7 >„e�ede Wydu,Ucnh City Council 19 — 30 11/15/2022 ') Community Development Agency www.santa-ana.org/community-development Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Amendment to FY 2022-2023 MOU with the Santa Ana Police Department HEART Program and ESG Subrecipient Agreement with 2-1-1 Orange County AGENDA TITLE: Approve an Amendment to the Fiscal Year 2022-2023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 2-1-1 Orange County for HMIS Data Collection (Non -General Fund) 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 $30,000 for program year July 1, 2022 - June 30, 2023 for additional street outreach activities, subject to non -substantive changes approved by the City Manager and City Attorney. 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 $22,340.92 for program year July 1, 2022 - June 30, 2023 for additional data collection, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 19, 2022, the City Council authorized the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Department and agreements with non-profit organizations as part of the program year 2022-2023 Emergency Solutions Grant (ESG) Program allocation to provide housing assistance, emergency shelter and street outreach to Santa Ana residents experiencing homelessness. At the close of Fiscal Year 2021-2022, unspent funds from ESG program recipients totaling $52,340 were recaptured for redistribution. Staff recommends reallocating FY 2021-2022 unspent funds to the Santa Ana Police Department HEART Program and 2-1-1 Orange County to expand services for people experiencing homelessness. The funds for the HEART Program will provide additional street outreach services to individuals experiencing homelessness to provide them with necessary resources. The funds for 2-1-1 Orange County will provide additional funds for Homeless Management Information System (HMIS) data collection and analysis. City Council 20-1 11/15/2022 Amendment to FY 2022-2023 MOU with the Santa Ana Police Department HEART Program and ESG Subrecipient Agreement with 2-1-1 Orange County November 15, 2022 Page 2 FISCAL IMPACT The Emergency Solutions Grant funds have been carried forward from FY 2021-2022 to FY 2022-2023 in the amount of $52,340.92 in account no. (13518785-various) and are available for expenditures in the current fiscal year. EXHIBIT(S) 1. Staff Report from April 19, 2022 2. Amendment to Memorandum of Understanding with SAPD Heart Program 3. Amendment to Subrecipient Agreement with 2-1-1 Orange County Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 20 — 2 11/15/2022 FIRST AMENDMENT TO EMERGENCY SOLUTIONS GRANT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA POLICE DEPARTMENT (24 CFR Parts 91 and 576) THIS FIRST AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT MEMORANDUM OF UNDERSTANDING is entered into this 15' day of November, 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and the Santa Ana Police Department ("Subrecipient"). RECITALS A. On July 1, 2022, the City entered into an Emergency Solutions Grant Memorandum of Understanding with the Santa Ana Police Department, A-2022-093-01, to provide Emergency Funds from the United States Department of Housing and urban Development (HUD) to be used in the operation of an emergency solution program for the homeless or at risk of homelessness of the City of Santa Ana ("said Memorandum of Understanding"). B. In an effort to provide additional housing assistance activities to serve Santa Ana residents experiencing homelessness, $30,000 will be reallocated to the Santa Ana Police Department HEART program. C. In accordance with the terms and conditions of said Memorandum of Understanding, the parties desire to amend to increase funds to the Subrecipient, which need to be spent by June 30, 2023. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Memorandum of Understanding, except as herein modified, the parties agree as follows: 1. Paragraph 5, shall be amended to increase funding to Subrecipient by $30,000 in additional Data Collection and Outreach and Engagement Services. The new total sum shall be increased from $50,000 to an amount not to exceed $80,000 in grant funding. 2. Section I, subsection A, shall be amended to add the specific tasks required of the new funds as depicted in Subrecipient's Scope of Services attached hereto as Exhibit A and incorporated herein by reference. 3. Section 111, shall be amended to increase funding to Subrecipient by $30,000 for a total sum not to exceed $80,000. Subrecipient's Budget for these new funds is attached hereto as Exhibit B and incorporated herein by reference. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. City Council 20 — 3 11/15/2022 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Memorandum of Understanding the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho /j By: RYAO. H6 PIGE Assistant Oy Att� rney CITY OF SANTA ANA KRISTINE RIDGE City Manager SUBRECIPIENT: riN AVID VALENTIN tle-. Chief of Police Tax ID# 95-6000785 UID# KZE9G2M4GRX9 RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency City Council 20 — 4 11/15/2022 City of Santa Ana Scope of Work Name of Organization Santa Ana Police Department Name of Funded Program H.E.A.R.T. Program Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12-month contract period. 1501 Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract period. 1501 Persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Santa Ana Police Officers will contact individuals experiencing homelessness and attempt to provide the person(s) with necessary resources. The various resources will include lodging at the Link, Yale Navigation Center, or other available homeless shelters and housing programs, as well as transportation and mental health services utilizing the County PERT team members. Through a collaborative approach, officers will work the entire City in areas that are impacted by calls for service, citizen complaints, or noticeable encampments. Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2 Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 Persons Persons Persons Persons Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis. Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $ 80,000.00 Total Grant Exhibit A City Council 20 — 5 11/15/2022 ESG Final Budget Organization Name Santa Ana Police Department Program Name H.E.A.R.T. Program Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Total Organizational Budget Engagement - $ 69,613.64 $ 80,000 $ 148,064 Case Management Emergency Health Svc. Emergency Mental Svc. Transportation Other Indirect Cost $ 10,386.36 $ 11,936 Total $ 80,000 $ 80,000 $ 160,000 $ - LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 80,000 Santa Ana ESG $ 80,000 Total Funds for the Program I $ 160,000 Exhibit B Page 1 of 1 City Council 20 — 6 11/15/2022 FIRST AMENDMENT TO EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 211 ORANGE COUNTY (24 CFR Parts 91 and 576) THIS FIRST AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT is entered into this 151h day of November, 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and 211 Orange County ("Subrecipient"). RECITALS A. On July 1, 2022, the City entered into an Emergency Solutions Grant Subrecipient Agreement with 211 Orange County, A-2022-093-03, to provide Emergency Funds from the United States Department of Housing and Urban Development (HUD) to be used in the operation of an emergency solution program for the homeless or at risk of homelessness of the City of Santa Ana ("said Agreement"). B. In an effort to provide additional housing assistance activities to serve Santa Ana residents experiencing homelessness, $22,340.92 will be reallocated to the 211 Orange County HMIS Data Collection. C. In accordance with the terms and conditions of said Agreement, the parties desire to amend to increase funds to the Subrecipient, which need to be spent by June 30, 2023. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Paragraph 5, shall be amended to increase funding to Subrecipient by $22,340.92 in additional Data Collection and Outreach and Engagement Services. The new total sum shall be increased from $128,593 to an amount not to exceed $150,933.92 in grant funding. 2. Section I, subsection A, shall be amended to add the specific tasks required of the new funds as depicted in Subrecipient's Scope of Services attached hereto as Exhibit A and incorporated herein by reference. 3. Section III, shall be amended to increase funding to Subrecipient by $22,340.92 for a total sum not to exceed $150,933.92. Subrecipient's Budget for these new funds is attached hereto as Exhibit B and incorporated herein by reference. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. City Council 20 — 7 11/15/2022 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney /a - By: RY O. VODGE Assi ant City Attorney RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency CITY OF SANTA ANA: KRISTINE RIDGE City Manager SUBRECIPIENT: Karen Williams 211 Orange County Tax ID# 33-0063532 Unique ID# TCK7UJCBJLA5 City Council 20 — 8 11/15/2022 City of Santa Ana Scope of Work Name of Organization People For Irvine Community Health DBA 2-1-1 Orange County Name of Funded Program HMIS Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12-month contract period. Persons II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract period. Persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Host user meetings Perform site vists Provide training and technical assistance Complete project set-ups Publish data quality and performance reports on the 2110C website (211oc.org) HMIS licenses HMIS Street Outreach mobile app licenses Housing Intake / I&R Specialist screening and data entry Monthly demographic survey data via 2-1-1 Santa Ana calls into Community Information Exchange Creation and implementation of quarterly HMIS/I&R Dashboard Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2) Quarter 1: July 1 - September 30 Persons Quarter 2: October 1 - December 31 Persons Quarter 3: January 1 - March 31 Persons Quarter 4: April 1 -June 30 Persons 0 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis. Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 $32,148.25 $39,595.92 $39,595.00 $39,594.75 $ 150,933.92 Total Grant Exhibit A City Council 20 — 9 11/15/2022 ESG Final Budget Organization Name People For Irvine Community Health DBA 2-1-1 Orange County Program Name HMIS Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Total Organizational Budget Housing Relocation and Stabilization Services Financial Assistance Rent Deposit $ - Rental Application fees $ - Utility Deposit $ - Utility $ - Moving Costs $ - Service Assistance Hsg Search & Placement $ - Case Management $ - Mediation $ - Legal $ - Credit Repair $ - Rental Assistance Rent $ - Other Salaries $ 137,212.65 $ 388,798.37 $ 526,011.02 $ 3,413,850 Other Expenses $ 321,865.78 $ 321,865.78 $ 2,322,328 Indirect Cost $ 13,721.27 $ 71,734.35 $ 85,455.62 $ 637,353 Total $ 150,933.92 $ 782,398.50 $ 933,332.42 $ 6,373,531 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 150,933 City of Anaheim $ 33,528 City of Garden Grove $ 5,121 City of Irvine $ 93,175 HUD HMIS $ 650,575 Total Funds for the Program $ 933,331.50 Exhibit B City Council age 1 of 1 20 — 10 11/15/2022 Name of Organization: Name of Program Program Staff ESG Funded Personnel People For Irvine Community Health DBA 2-1-1 Orange County HMIS Position Title (only list funded positions) Budget Category Annual Salary Hourly Rate Approximate # of Hours per month serving Santa Ana Total Amount Requested Vice President, Data Analytics Salaries $ 115,000 $ 55.29 14.00 $ 9,288.46 HMIS Program Manager Salaries $ 64,480 $ 31.00 52.00 $ 19,344.00 HMIS Data Analyst Salaries $ 48,880 $ 23.50 52.00 $ 14,664.00 HMIS Data Analyst Salaries $ 50,960 $ 24.50 52.00 $ 15,288.00 HMIS Data Analyst Salaries $ 50,960 $ 24.50 52.00 $ 15,288.00 HMIS Data Analyst Salaries $ 50,960 $ 24.50 52.00 $ 15,288.00 HMIS Data Analyst Salaries $ 50,960 $ 24.50 52.00 $ 15,288.00 HMIS Data Analyst Salaries $ 50,960 $ 24.50 52.00 $ 15,288.00 Housing Intake/I&R Specialist Salaries $ 39,000 $ 18.75 20.00 $ 4,500.00 Housing Intake/I&R Specialist Salaries $ 39,000 $ 18.75 20.00 $ 4,500.00 Housing Intake/I&R Specialist Salaries $ 36,400 $ 17.50 20.00 $ 4,200.00 Housing Intake/I&R Specialist Salaries $ 36,400 $ 17.50 20.00 $ 4,200.00 Indirect Cost $ 13,796.54 Total ESG Requested $ 150,933.00 City Council 20 —11 11/15/2022 Community Development Agency .; santa-ana.org/cd Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Pre -Commitment of Affordable Housing Funds for Habitat for Humanity of Orange County AGENDA TITLE: Approve a Pre -Commitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue RECOMMENDED ACTION Authorize the City Manager to execute a pre -commitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 405- 101-37), subject to non -substantive changes approved by the City Manager and City Attorney. COMMUNITY DEVELOPMENT COMMISSION RECOMMENDATION At its regular meeting on August 24, 2022, the Community Development Commission recommended to the City Council to authorize the City Manager to execute a pre - commitment letter with Habitat of Humanity of Orange County for $1,980,000 in Inclusionary Housing Funds by a vote of 5:0 (Commissioners Frazier, Le, and Martinez were absent). After that date, Habitat for Humanity needed to revise their project to incorporate one (1) accessible unit with mobility and communication features to meet Americans with Disability Act (ADA) requirements, which resulted in an increase of $220,000. DISCUSSION On December 7, 2021, the City Council authorized the Community Development Agency ("CDA") to release a Request for Proposals ("RFP # 21-136") to develop affordable rental and ownership project(s) in the City of Santa Ana ("City") with available funds from the Inclusionary Housing Fund, HOME Investment Partnerships ("HOME") Program, HOME - American Rescue Plan ("HOME -ARP") Program, Project -Based Voucher Program, and the Neighborhood Stabilization Program fund (Exhibit 1). The RFP also included one land asset owned by the Housing Authority of the City of Santa Ana. The RFP was prepared in compliance with the City's Affordable Housing Funds Policies and Procedures. The RFP was published on both the City and Housing Authority's websites and Planet Bids; a public notice was published in the OC Register on December 10, 2021; and an e-mail City Council 21 —1 11/15/2022 Pre -Commitment of Affordable Housing Funds for Habitat for Humanity of Orange County November 15, 2022 Page 2 was sent out to Orange County's largest affordable housing membership associations, interested developers, and nonprofit organizations from CDA's RFP Process Database. After the RFP deadline (February 28, 2022), staff conducted a minimum threshold review and three of the five proposals submitted were determined to be eligible as follows: C&C Development Habitat for Humanity of Orange Count Jamboree / WISEPlace In compliance with the City's Affordable Housing Funds Policies and Procedures, a Review Panel, composed of City staff and housing consultants, used the Scoring and Selection Criteria from the RFP and reviewed the proposed designs for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the designs and construction for low maintenance and long-term durability. After interviews of the development teams, the Review Panel recommended the following: Developer and Project: Habitat for Humanity of Orange County - Washington Avenue • Award: $2.2 million from Inclusionary Housing Funds The pre -commitment letter between the City and Habitat for Humanity of Orange County ("Habitat for Humanity") provides the enforceable funding commitment of $2,200,000 for the development of six affordable ownership units (Exhibit 2) at 1921 W Washington Avenue, Santa Ana, CA 92706 (APN 405-101-37) (the "Project"). The pre -commitment letter is conditional on Habitat for Humanity obtaining permits and approvals from the City, ensuring at least 5 percent of the dwelling units provide mobility features, providing at least 2 percent of the dwelling units are equipped with communication features, and establishing a local preference for residents who live and/or work in the City. In compliance with the City's Affordable Housing Funds Policies and Procedures, Keyser Marston Associates was tasked with conducting a financial gap analysis; reviewing the developer's estimates and projections of sales price, expenses, reserves and development costs; and confirming the project's underwriting and other requirements pertinent to the funding sources (Exhibit 3). Following this analysis and completion of the procurement process, City staff affirms the Review Panel recommendation to award $2,200,000 for the Project and present to City Council for consideration. Project Description Habitat for Humanity acquired the site in December 2021 and will utilize the property's R-2 zoning. The Project may require development concessions that must be approved by the City, and Habitat for Humanity must comply with the City's Sunshine Ordinance. The Project is designed with three (3) duplex buildings with "farmhouse -style" architecture to be constructed with concrete roof tiles, composite wood siding, concrete paving City Council 21 —2 11/15/2022 Pre -Commitment of Affordable Housing Funds for Habitat for Humanity of Orange County November 15, 2022 Page 3 surfaces, and professionally designed landscaping. All units will have approximately 1,430 sq. ft. of interior living space, with 3-bedrooms and 2.5-bathrooms, a private yard (431 sq. ft.), and a private two -car garage with direct access to each unit (residents will be required to park vehicles in the garages and not use garages only for storage). The site plan also includes short-term overflow/guest parking spots (2 standard parking spots and 1 accessible parking spot). The three (3) buildings will be constructed concurrently with an anticipated building cycle of 14 months from the issuance of building permits. The Project will provide six (6) affordable units for purchase by low-income families who earn up to 80% of the Area Median Income with a preference for families who live and/or work in the City. Renderings and photos of the Project are attached as Exhibit 4. The Developer Habitat for Humanity of Orange County is a nonprofit organization that: specializes in affordable housing for purchase by qualifying families, dedicates resources to address substandard housing, serves as an advocate for fair and just housing policies, and provides training and access to resources for families. Since 1988, the Orange County affiliate has completed and sold 231 new homes in this service area, and Habitat for Humanity has completed 30 affordable homes in the City. FISCAL IMPACT The grant agreement is estimated to be finalized for City Council approval in FY 2022-23. Upon future approval of the grant agreement, funds will be budgeted and available as shown below: Fiscal Accounting Unit Fund Accounting Unit, Year — Account # Description Account Amount Description FY 22-23 41718820-69152 Inclusionary Loans and Grants $2,200,000 Housing Fund EXHIBITS 1. Staff Report from December 7, 2021 2. Pre -Commitment Letter with Habitat for Humanity of Orange County 3. Preliminary Financial Gap Analysis by Keyser Marston Associates 4. Proposed Project Renderings/Preliminary Site Plan and Photos Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 21 —3 11/15/2022 EXHIBIT 2 MAYOR Vicente Sarmiento MAYOR PRO TEM Phil Bacerra COUNCILMEMBERS Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY 20 Civic Center Plaza M-25 Santa Ana, California 92702 www.santa-ana.org November 15, 2022 Troy Hendrickson Vice President of Construction Habitat for Humanity of Orange County 2200 S. Ritchey Street Santa Ana, CA 92705 Re: Pre -Commitment Letter 1921 W. Washington Ave. Santa Ana, CA 92701 Dear Mr. Hendrickson: CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Habitat for Humanity of Orange County (referred to as the "Developer"), requested financial assistance in connection with the proposed development of six (6) affordable ownership units at 1921 W. Washington Avenue, Santa Ana, CA (APN 405-101-37) ("Project"). The Project site is located at 1921 W. Washington Avenue. The current structures on the site have been abandoned for over a decade. The buildings have deteriorated to the point that they are no longer habitable. The proposed Project will consist of three duplex buildings and will provide six new affordable ownership opportunities for low-income families who earn up to 80% of the Orange County Area Median Income in the City of Santa Ana. All units will be three -bedroom and have a minimum of two -bathroom. Each unit will have a private two -car garage with direct access to their unit. Units will range in size from 1,100 sq. ft. to approximately 1,430 sq. ft. of interior living space. In addition, each unit will have a private yard. One unit will be constructed as an accessible unit with mobility and communication features in compliance with the California Building Code. These homes will be made available exclusively to qualifying low-income families who earn up to 80% of the Orange County Area Median Income. The Project will have a SANTA ANA CITY COUNCIL Vicente Sarmiento Phil Bacerra Thai Viet Phan Nelida Mendoza Jessie Lopez Johnathan Ryan Hernandez David Penaloza Mayor Ward 6 vsarmiento(o�santa-ana.ora Cit a r tohan(asanta-ana.oro nendoza(asanta-an21 iessielooez(a).santa-ana.ora rvanhernadoenaloza(asanta-ana.ora _4edflaR2 EXHIBIT 2 - 2 - preference for families who live or work in the City of Santa Ana. Construction will comply with all City of Santa Ana, county, and state building codes. The City of Santa Ana ("City") has reviewed the Developer's request for financial assistance, and at the City Council meeting on November 15, 2022, the City Council authorized and approved issuance of this pre -commitment letter evidencing the preliminary award of $2,200,000 in Inclusionary Housing Funds consisting of ("City Assistance"): - A Conditional Grant in the maximum amount of $2,200,000 from the Inclusionary Housing Fund held by the City for the Project ("Conditional Inclusionary Housing Grant"). This letter shall evidence the City's pre -commitment of the City Assistance to the Developer for the Project subject to the conditions described below. Citv Assistance: The amount of the proposed City Assistance has been determined based upon the City's review of the Developer's request for the receipt of the City Assistance and the development proforma and projected cash flows for the Project submitted by the Developer to the City ("Proforma"). The City Manager has the authority to approve revised development proformas and projected cash flows for the Project; provided, however, that the City Assistance is not increased or extended. The City Assistance shall include the following terms: The Conditional Inclusionary Housing Grant shall be for a maximum principal amount of $2,200,000, or as much thereof, as is disbursed for hard and soft costs in constructing the Project, provided from the Inclusionary Housing Fund. Provided Developer constructs the Project according to the Scope of Work and Schedule of Performance, the Developer will be subject to no repayment obligation. Upon the City's issuance of a Certificate of Completion, the Grant Agreement shall automatically terminate. In the event the Project is not constructed in compliance with the Scope of Work and Schedule of Performance within two (2) years from the date of the first disbursement of the Grant funds, the City may terminate the Grant Agreement and may seek repayment of Grant monies not expended on development and construction of the Project pursuant to the default remedy provisions of the Grant Agreement. • The six (6) "Housing Units" at the Project shall and will be restricted to an affordable home purchase price which will require that the six homes be sold to low-income qualified buyers who earn up to 80% of the Orange County Area Median Income as set by the Department of Housing and Urban Development ("HUD"). Future City Council 21 — 5 11/15/2022 EXHIBIT 2 - 3 - sales of such single-family homes will be restricted to income -qualified households for a period of at least forty-five (45) years. Developer will have a local preference for families who live or work in the City of Santa Ana in the selection of low-income qualified buyers. Developer will ensure that each "Program Participant" (used interchangeably with "Homebuyer") means the selected eligible person or Family who will be purchasing a House. Each Program Participant will be providing not less than five hundred (500) hours of sweat equity toward the development of their House, or any other improvements as may be designated by the Developer. Each Program Participant is to be selected by the Developer as more fully set forth in its Marketing Outreach and Sales Program. Developer's Program to develop affordable ownership opportunities with financial support from the City is subject to Chapter 11 B of the California Building Code as public housing. Accordingly, Developer's Program must comply with California Building Code section 11 B-233.3. Specifically, Developer's Program must comply with requirements for mobility features: "In facilities with residential dwelling units, at least 5 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide mobility features." In addition, Developer's Program must also comply with requirements for communication features: "In public housing facilities with residential dwelling units, at least 2 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide communication features complying with Section 11 B-809.5." Developer shall comply with these public housing requirements for their Program in the California Building Code by constructing one unit in the Project that includes the required mobility features and communication features. At the close of escrow for the purchase of each Affordable Unit, the City will require each Low Income Household purchasing such Unit to execute the following documents: o Affordable Housing Resale Restrictions - The Affordable Housing Resale Restrictions shall permit sales of an Affordable Unit sold to a Low Income Household only to a qualified Low Income Household with a local preference for families who live or work in the City of Santa Ana, in each case, at an Affordable Housing Cost; o Notice of Affordability on Transfer of Property - The Notice of Affordability on Transfer of Property shall be for a term of at least forty-five (45) years; o Promissory Note - The principal amount of the City Promissory Note shall be in an amount equal to the difference between the sales price of the Affordable Unit and the fair market value of such unit as if no restriction were placed thereon, as determined by the sales price of equivalent unrestricted units on the Sites at the time of such sale. If there are no equivalent unrestricted units on the Sites at the time of sale, the fair market value of City Council 21 - 6 11/15/2022 EXHIBIT 2 - 4 - the unit shall be determined by appraisal, which is reasonably acceptable to the City; o Deed of Trust; and, o Homebuyer Loan Agreement. General Provisions: The City's obligation to provide the City Assistance to the Project is subject to each of the following conditions: • Developer must provide proof that it has secured all of its remaining financing for the development of the Project in the form of enforceable funding commitments, before staff will return to the City Council for consideration of the Conditional Grant Agreement for the City Assistance. Developer shall assume any and all responsibility and be solely responsible for determining whether laborers employed relative to the construction or installation of the project must be paid the prevailing per diem wage rate for their labor classification, as determined by the state, pursuant to labor code sections 1720, et seq. • All provided funding and Project requirements shall conform to the City's most recently adopted Affordable Housing Funds Policies and Procedures, unless alternative requirements are expressly provided in the executed Conditional Grant Agreement for the City Assistance or any other documents related to the development of the Project. Approval of all required entitlements and discretionary actions, to allow the construction of six affordable ownership units to be located at 1921 W. Washington Avenue, Santa Ana, CA (APN 405-101-37). The City's obligation to provide the City Assistance is and shall remain subject to all covenants, conditions, and restrictions set forth in the Conditional Grant Agreement, and in particular the City's analysis of the available funding sources and development and operating costs of the Project and the overall economic feasibility of the Project. Review and approval of the Conditional Grant Agreement evidencing the City Assistance by the City Council including the Conditional Grant Agreement and Affordability and Maintenance Restrictions. • 10% or $220,000 of the City's financial assistance will be retained by the City until construction of the Project is complete. Developer, at its sole cost and expense, will be responsible for securing any and all permits and discretionary approvals that may be required for the Project by the City or City Council 21 — 7 11/15/2022 EXHIBIT 2 - 5 - any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Notably, this pre -commitment letter shall not obligate the City or any department thereof to approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the construction, rehabilitation, installation or operation of the Project. This pre -commitment letter for the Project will expire on November 15, 2024. If you have any questions or require any additional information regarding this pre - commitment letter, please contact Judson Brown, Housing Division Manager, by telephone at (714) 667-2241 or by e-mail at 0brown santa-ana.orq. Sincerely, On behalf of the City of Santa Ana: Kristine Ridge City Manager Attest: Clerk of the Council RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency City Council 21 — 8 11/15/2022 EXHIBIT 3 j KEYSER MARSTON ASSOCIATES.. ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT MEMORANDUM ADVISORS IN: Real Estate To: Judson Brown, Housing Division Manager Affordable Housing Economic Development City of Santa Ana BERKELEY From: Tim Bretz A. Jerry Keyser Debbie M. Kern David Doezema Date: October 27, 2022 Los ANGELES Kathleen H. Head James A. Rabe Subject: Habitat Washington Avenue — Preliminary Financial Gap Analysis Gregory D. Soo-Hoo Kevin E. Engstrom Julie L. Romey Tim R. Bretz SANDIEGO At your request, Keyser Marston Associates, Inc. (KMA) prepared a preliminary financial Paul C. Marra a analysis for the project proposed to be developed at 1921 West Washington Avenue gap Y� p J p p p g (Site) by Habitat for Humanity of Orange County (Habitat). The Site is currently owned by Habitat. Habitat proposes to demolish the existing vacant structures on the Site, and construct six for -sale units to be sold to low income households (Project). Habitat is requesting $2.20 million in financial assistance from the City of Santa Ana (City). The purpose of the KMA analysis is to evaluate Habitat's financial assistance request. EXECUTIVE SUMMARY The results of the KMA financial gap analysis are compared to Habitat's financial proposal in the following table: KMA Habitat Difference Total Development Costs $4,290,000 $4,311,000 ($21,000) (Less) Total Available Revenue (2,054,000) (2,111,000) $57,000 Estimated Financial Gap $2,236,000 $2,200,000 $36,000 777 SOUTH City Council 21 — 9 1244W20.29 WWW.KEYSERMARSTON.COM 19090.018.026 EXHIBIT 3 Judson Brown, City of Santa Ana October 27, 2022 Habitat Washington Avenue — Preliminary Financial Gap Analysis Page 2 As shown in the preceding table, KMA estimates the Project's financial gap at $2.24 million. Comparatively, Habitat is requesting $2.20 million in financial assistance from the City. This equates to a $36,000, or less than 2% differential. As such, it can be concluded that the proposed City financial assistance will not provide a windfall profit to Habitat. PROJECT DESCRIPTION The proposed scope of development can be described as follows: 1. The Site area totals approximately 16,000 square feet, or approximately 0.37- acres of land area. 2. The Project's unit mix can be summarized as follows: a. The Project will include six for -sale units developed in three duplex buildings, which equates to a density of 16 units per acre. b. Each of the units will include three bedrooms and two bathrooms. C. Four units will be approximately 1,430 square feet of gross building area (GBA) and two units will be approximately 1,165 square feet of GBA, which results in an average unit size of 1,340 square feet of GBA; and d. The Project's total GBA is estimated at 8,050 square feet. 3. Each unit incorporates an attached garage consisting of two parking spaces. An additional surface parking space will be provided for a van stall. This results in a total of 13 parking spaces for the Project. 4. All six units will be restricted to low income households per the definitions set forth in California Health and Safety Code (H&SC). FINANCIAL GAP ANALYSIS KMA prepared a pro forma analysis to estimate the Project's financial gap. The analysis is located at the end of this memorandum, and is organized as follows: City Council 21 — 10 12445✓2.20 19090.018.026 Judson Brown, City of Santa Ana Habitat Washington Avenue — Preliminary Financial Gap Analysis Table 1: Estimated Development Costs Table 2: Estimated Available Revenue EXHIBIT 3 October 27, 2022 Page 3 Table 3: Estimated Financial Gap Table 4: Silent Second Mortgage Revenue Calculation Table S: Affordable Sales Price Calculation Estimated Development Costs (Table 1) KMA reviewed Habitat's October 2022 pro forma, and then independently prepared a pro forma analysis of the Project. The resulting construction costs are estimated as follows: PROPERTY ACQUISITION COSTS Based on information provided by Habitat, Habitat purchased the Site for $580,000, which equates to a purchase price of $36 per square foot of land area. Habitat did not provide an appraisal and/or purchase and sale agreement to confirm the purchase price. DIRECT COSTS The direct costs assume that the Project will not be subject to State of California and/or Federal Davis Bacon prevailing wage requirements. The direct costs can be summarized as follows: 1. The site improvement costs are estimated at $581,000, or $36 per square foot of land area. 2. The building costs are estimated at $1.58 million. This equates to $196 per square foot of GBA, or $263,000 per unit. KMA assumes that the general conditions and Habitat supervision costs are included in this line item. 3. A direct cost contingency allowance equal to 10% of other direct costs is provided. KMA estimates the total direct costs at $2.38 million. This equates to $295 per square foot of GBA or $396,000 per unit. City Council 21 —11 12445✓2.20 19090.018.026 EXHIBIT 3 Judson Brown, City of Santa Ana October 27, 2022 Habitat Washington Avenue — Preliminary Financial Gap Analysis Page 4 INDIRECT COSTS KMA utilized the following assumptions in estimating the indirect costs: 1. The architecture, engineering and consulting costs are estimated at 12% of direct costs, or $285,000. 2. Habitat estimates the public permits and fees costs at $40,000 per unit, or $240,000. City staff should verify the accuracy of this estimate. 3. The taxes, legal and accounting costs are estimated at 3% of direct costs, or $71,000. 4. The insurance costs are based on Habitat's estimate of $7,200 per unit, or $43,000. 5. The Developer Fee is set at $480,000, which equates to 13% of net development costs (excluding the Developer Fee). This estimate is within the range of similar projects. 6. An indirect cost contingency allowance equal to 10% of other indirect costs is provided. KMA estimates the total indirect costs at $1.23 million. FINANCING COSTS The financing costs for the Project are estimated as follows: 1. The interest costs to be incurred during the construction period are estimated at $32,000. This cost estimate is based on the following assumptions: a. KMA assumes that Habitat will obtain a construction loan from a 3rd party lender for the Project. KMA estimates the construction loan amount at $765,000, which is calculated based on the total development costs less 90% of the City's financial assistance, Habitat fundraising assistance, Developer Fee, closing costs, and warranty costs. b. KMA assumes that the construction loan will carry the following terms: City Council 21 — 12 12445✓2.20 19090.018.026 EXHIBIT 3 Judson Brown, City of Santa Ana October 27, 2022 Habitat Washington Avenue — Preliminary Financial Gap Analysis Page 5 i. A 7.0% interest rate; ii. A 12-month construction period; and iii. A 60% average outstanding balance. 2. The financing fees for the construction loan are estimated at 1.0 point, or $8,000. 3. The closing costs are set at 2% of affordable sales revenue, or $21,000. 4. The warranty costs are estimated at $43,000, or approximately $7,200 per unit. KMA estimates the total financing costs at $104,000. TOTAL DEVELOPMENT COSTS As shown in Table 1, KMA estimates the total development costs at $4.29 million, which equates to a $21,000, or less than 1%, differential from Habitat's estimated development costs. It is important to note that the construction industry is currently experiencing extreme volatility with substantially high inflation. This analysis may need to be revised if the construction costs vary from the estimates utilized in the analysis. Estimated Available Revenue (Table 2) The revenue available to the Project is estimated as follows: AFFORDABLE SALES PRICE CALCULATIONS Habitat is proposing to sell all six units to Low Income households. KMA estimates the Affordable Sales Price based on the H&SC Section 50052.5 calculation methodology and the following assumptions (Table 5): 1. The household income used in the calculations is based on the 2022 Orange County median incomes distributed by the California Department of Housing and Community Development (HCD). City Council 21 — 13 12445✓2.20 19090.018.026 Judson Brown, City of Santa Ana EXHIBIT 3 October 27, 2022 Habitat Washington Avenue — Preliminary Financial Gap Analysis Page 6 2. Since the Project consists of more than four units, the Project is required to have a homeowner's association (HOA). Based on a similar project recently developed by Habitat, the HOA dues are estimated at $425 per month, or $5,100 per year. 3. KMA estimates the homeowner's insurance costs at 0.35% of the direct costs per unit, or $1,400 per year. 4. KMA estimates the monthly utilities costs at $227 per month for a three - bedroom unit based on the 2022-2023 Utility Allowance Schedule published by the Santa Ana Housing Authority on October 1, 2022. 5. The property tax cost estimate is based on 1.25% of the estimated Affordable Sales Price. 6. The mortgage interest rate is set at 7.22%. The mortgage is assumed to be fully amortizing over 30-years and provided by a conventional lender. 7. The home buyer down payment is set at 5% of the Affordable Sales Price. Based on the assumptions outlined above, KMA estimates the Low Income Affordable Sales Price at $175,500. The resulting affordable sales revenue is estimated at $1.05 million for the six Low Income units. In comparison, Habitat estimates the affordable sales price at $185,000. Additionally, it is important to note that affordable sales price information that Habitat provided did not entirely follow the H&SC Section 50052.5 affordable sales price calculation methodology for calculating the estimated affordable sales prices. As such, the KMA and Habitat affordable sales price calculations may differ more materially in the future. However, the affordable sales prices will ultimately be determined immediately prior to the sale of each unit. This analysis may need to be revised if the affordable sales prices differ from the sales prices utilized in this analysis. Habitat proposes to utilize fundraising contributions to off -set a portion of the construction costs. As such, Habitat estimates the financial assistance that they can provide to the Project at $1.0 million, or $167,000 per unit. City Council 21 — 14 12445✓2.20 19090.018.026 EXHIBIT 3 Judson Brown, City of Santa Ana October 27, 2022 Habitat Washington Avenue — Preliminary Financial Gap Analysis Page 7 ESTIMATED AVAILABLE REVENUE The Project's estimated total available revenue is equal to the sum of the Affordable Sale Price revenue and the Project's additional revenue. KMA estimates the total available revenue as follows: Affordable Sales Price Revenue $1,053,000 Habitat Financial Assistance $1,001,000 Estimated Available Revenue $2,054,000 Financial Gap Calculation The financial gap is estimated by deducting the Project's available revenue from the Project's total development costs. Based on the preceding analysis, KMA estimates the Project's financial gap as follows: Total Development Costs $4,290,000 (Less) Total Available Revenue (2,054,000) Estimated Financial Gap $2,236,000 Per Unit $372,700 As shown in the preceding table, KMA estimates the Project's financial gap at $2.24 million. Comparatively, Habitat estimates the Project's financial gap at $2.20 million. This equates to a $36,000, or less than 2% differential, which is primarily due the difference in affordable sales price calculations between KMA and Habitat. Per Habitat's assistance request, the City proposes to provide up to $2.20 million in Inclusionary Housing Funds to the Project. Since this amount is less than the financial gap identified by KMA, it is therefore KMA's conclusion that the proposed assistance package will not provide a windfall profit to Habitat. City Council 21 — 15 12WI15/2020 19090.018.026 EXHIBIT 3 Judson Brown, City of Santa Ana October 27, 2022 Habitat Washington Avenue — Preliminary Financial Gap Analysis Page 8 SILENT SECOND MORTGAGE REVENUE CALCULATION (TABLE 4) As a basic premise it must be assumed that the total of the liens accepted by a home buyer cannot exceed the unrestricted market value of the home. Furthermore, based on previous City homeownership projects, the City will record a second trust deed equal to the difference between the defined Affordable Sales Price and the estimated market value of the home. KMA assumes that the City's second trust deed will be structured as a deferred payment loan which are commonly known as silent second mortgages. These loans typically become due and payable when the home is resold to a non -affordable home buyer. KMA assumes that the City's silent second trust deed will fall second in the lien hierarchy behind the conventional first trust deed mortgage. The calculations used to estimate the supportable silent mortgages are presented in the following sections of this analysis. Market Rate Sales Prices In Summer 2022, KMA conducted a survey of recent home sales comparables for the Project's nearby market area for the purpose of estimated the current silent second mortgage amount. Based on this survey, KMA estimates the market rate sales price for an attached three -bedroom unit at $680,000. Available Silent Second Mortgage Revenue Based on the estimated market rate sales prices, the available silent second mortgage revenue is estimated at as follows: Three - Bedroom Unit Market Rate Sales Price $680,000 (Less) Affordable Sales Price (175,500) Silent Second Mortgage Amounts (Per Unit) $504,500 City Council 21 — 16 12445✓2.20 19090.018.026 EXHIBIT 3 Judson Brown, City of Santa Ana October 27, 2022 Habitat Washington Avenue — Preliminary Financial Gap Analysis Page 9 It is important to note that this calculation will need to be revisited once sales of the units commence. At that point, the appraised market values of the homes and the defined Affordable Sales Prices will be utilized to determine the silent second mortgage amount. CONCLUSIONS / ISSUES FOR CONSIDERATION The following summarizes the conclusions of the KMA analysis: 1. Habitat is requesting $2.20 million in financial assistance from the City. Based on the currently available information, it is KMA's conclusion that the Project exhibits a $2.24 million financial gap. This represents a $36,000, or less than 2% differential. Thus, it can be concluded that Habitat's proposed financial assistance request is supported by the Project's current economics. 2. The Affordable Sales Prices cannot be finalized until the Project commences sales activities. It is likely that the actual Affordable Sales Prices will vary from the amounts estimated in this analysis. 3. KMA recommends that the City retain 10% of the City's financial assistance amount (or $220,000) until after the completion of construction. If the assumptions utilized in this analysis change materially, the financial gap analysis should be re-evaluated prior to the release of that amount to ensure that the $220,000 is still warranted by the Project. 4. It is important to note that the construction industry is currently experiencing extreme volatility with substantially high inflation. In addition, the financial markets are also experiencing volatility with respect to interest rates and underwriting standards. This analysis may need to be revised if the construction costs and/or financing assumptions vary from the estimates utilized in the analysis. City Council 21 — 17 12445✓2.20 19090.018.026 TABLE 1 EXHIBIT 3 ESTIMATED DEVELOPMENT COSTS 6 FOR -SALE LOW INCOME UNITS HABITAT FOR HUMANITY - WASHINGTON AVE SANTA ANA, CALIFORNIA I. Acquisition Costs 1 15,973 Sf Land II. Direct Costs z On -Site Improvements 15,973 Sf Land Building Costs 8,053 Sf GBA General Conditions 3 0% Construction Costs Habitat Supervision 3 0% Construction Costs Contingency Allowance 10% Other Direct Costs Total Direct Costs 6 Units III. Indirect Costs Architecture, Engineering & Consulting Public Permits & Fees Taxes, Legal & Accounting Insurance Developer Fee Contingency Allowance Total Indirect Costs $36 /Sf Land $36 /Sf Land $196 /Sf GBA $395,833 /Unit 12% Direct Costs 4 6 Units $40,000 /Unit 3% Direct Costs 6 Units $7,200 /Unit 5 13% Net Development Cost (Excl. Dev Fee) 10% Other Indirect Costs $580,000 $581,000 1,578,000 0 0 216,000 $2,375,000 $285,000 240,000 71,000 43,000 480,000 112,000 $1,231,000 IV. Financing Costs Interest During Construction 6 $765,000 Loan 7.0% Interest $32,000 Loan Origination Fee $765,000 Loan 1.0 Point 8,000 Closing Costs 2.00% Sales Revenues 21,000 Warranties 6 Units $7,183 /Unit 43,000 Total Financing Costs $104,000 IV. Total Development Costs 6 Units $715,000 /Unit $4,290,000 1 Based on Habitat estimate. An appraisal or purchase and sale agreement was not provided for review. z Based on Habitat estimates. Assumes that prevailing wage requirements will not be imposed on the Project. 3 Assumes that the general conditions and supervision costs are included in the Building Costs line item. 4 Based on Habitat estimates. City staff should verify the accuracy of this estimate. 5 Based on estimate provided by Habitat. 6 The total loan amount is equal to the total development costs less the Developer Fee, closing costs, warranties, Habitat fundraising and 90% of the City's financial assistance amount. The construction loan interest is based on a 12-month construction period and is estimated to have a 60% average outstanding balance. Prepared by: Ke)oittya VHiates, Inc. 21 - 18 11 /15/2022 File name: Habitat Washington Avenue_10 27 22.x1sx; Pf TABLE 2 EXHIBIT 3 ESTIMATED AVAILABLE REVENUE 6 FOR -SALE LOW INCOME UNITS HABITAT FOR HUMANITY - WASHINGTON AVE SANTA ANA, CALIFORNIA I. Projected Sales Revenue 1 Low Income Three -Bedroom Unit 6 Units $175,500 /Unit II. Habitat Financial Assistance z 6 Units $166,833 /Unit $1,053,000 $1,001,000 III. I Estimated Available Revenue 6 Units $342,330 /Unit $2,054,000 1 See TABLE 5 for the KMA affordable sales price calculations. Z Per Habitat. Prepared by: Ke)0jttya VHiates, Inc. 21 - 19 11 /15/2022 File name: Habitat Washington Avenue_10 27 22.x1sx; Pf TABLE 3 EXHIBIT 3 ESTIMATED FINANCIAL GAP 6 FOR -SALE LOW INCOME UNITS HABITAT FOR HUMANITY - WASHINGTON AVE SANTA ANA, CALIFORNIA I. Total Development Costs See TABLE 1 II. (Less) Estimated Available Revenue See TABLE 2 $4,290,000 ($2,054,000) III. Estimated Financial Gap 6 Units $372,670 /Unit $2,236,000 Prepared by: Ke)0jtya VHiates, Inc. 21 - 20 11 /15/2022 File name: Habitat Washington Avenue_10 27 22.x1sx; Pf TABLE 4 EXHIBIT 3 SILENT SECOND MORTGAGE REVENUE SAMPLE CALCULATION 6 FOR -SALE LOW INCOME UNITS HABITAT FOR HUMANITY - WASHINGTON AVE SANTA ANA, CALIFORNIA I. Silent Second Mortgage Amounts Available Silent Mortgage Revenue Estimated Market Rate Sales Price 1 $638,000 (Less) Low Income Affordable Sales Price z (175,500) II. Available Silent Mortgage Revenue (Per Unit) $462,500 1 Based on KMA survey of sales comparables for attached three -bedroom units in Summer 2022. The market rate sales price will be determined by a fair market value appraisal that assumes no income restrictions prior to the sale of each unit. Z The final Affordable Sales Prices will be set prior to the sale of each unit. Prepared by: Ke)0jttya VHiates, Inc. 21 - 21 11 /15/2022 File name: Habitat Washington Avenue_10 27 22.x1sx; Pf TABLE 5 EXHIBIT 3 AFFORDABLE SALES PRICE CALCULATIONS LOW INCOME SALES PRICES HABITAT FOR HUMANITY - WASHINGTON AVE SANTA ANA, CALIFORNIA Income Available for Housine Expenses Benchmark Household Size Median Household Income Income as % of Median % Income Allotted to Housing Costs Total Income Available for Housing Expenses II. Ongoing Expenses HOA Fees Insurance @ 0.35% of Direct Costs Per Unit Annual Utilities Allowance Property Taxes @ 1.25% of Affordable Sales Price Total Ongoing Expenses III. Income Available for Mortgage Debt Service IV. Affordable Sales Prices Supportable Mortgage @ 7.22% Interest Rate Home Buyer Down Payment @ 5.00% of Affordable Sales Price Low Income Sales Price 1 Three -Bedroom Unit 4 $119,100 70.00% 30.00% $25,011 $5,100 1,385 Z 2,724 2,194 $11,403 7 $13,608 $166,700 8,800 V. Affordable Sales Prices $175,500 1 Based on the California Health and Safety Code Section 50052.5 definition. The affordable sales prices will ultimately be determined immediately prior to the sale of the units. z Based on the utility allowances published by the Santa Ana Housing Authority on October 1, 2022. 3 Based on the interest rate published by Bankrate.com on October 24, 2022. Prepared by: Ke)0jttya VHiates, Inc. 21 - 22 11 /15/2022 File name: Habitat Washington Avenue_10 27 22.x1sx; CC Afford EXHIBIT4 PROPOSED PROJECT RENDERINGS/PRELIMINARY SITE PLAN AND PHOTOS City Council 21 — 23 11/15/2022 " Current Structures at 1921 Washington Avenue Habitat for Humanity of Orange County will demolish these structures to build affordable housing units City Council 21 — 24 11/15/2022 00 0� 0- CV CV 0 CV LO 91 J a >> �o W~ W � N = V y NOInflalSNO3 NLU m m a0J ION J " : OV a �_m Rmad Q � m N N r " NV1d 1d30N00 = o N „0-,S� U), 1M, =veil I I I J I � ' I I I I �30bd 77Olb 110 I�V I I I I I I � I I I I I 1. lSlb INK CL I I I I J I I S3Jb�b'J lb i ' I I I I I I I I � I I I � I I I I co a1Slb AIdd ' ¢ / m 9b�NOlS (INOD „0-I Z �3Ob��J lb' 1 I �_ i 00 J X Q CV N —Z J I M 0 0 O J x o � � F X X a a N 0 NO y �o N M w CV U zo = w � _ U >- o �o > EL Z w C14 o, mQQ / I AS 1 a 00I Ol `r „0- Y 1 N Q � Q UI Zoo 5 .t� N 0 Q L2 Q \ `3 \ LU „01-.11 „0-108 w N &nbsp; City Council &nbsp;21 &ndash;&nbsp;25 11/15/2022 &nbsp; Cm ° t tn Q a c (144�� cm o • 0 dX5 u: N W T P • = V� °t°$ = w y NOuondISNOO Qg 1: (L C � a HOd ION � w g E N 3YYmadmp 4 fMA� I• F83Z W N C W`I.LO N P g Q OC y NV-1d Id3ON0O a s o� i I I E� ,zs► V) 00 =) O } X O« CV § C: " " Q My a� M �1.99 &nbsp; City Council &nbsp;21 &ndash;&nbsp;26 11/15/2022 &nbsp; • 0 i7�5+ LL �j N W r 0i 1� N Q T • V °$ = 04 w .0 NOuondlSNOO Q 8 1 c a � 2 aOd ION w � �"� zap � N • ° p!p��I�yy_�gpa o N 3 Y map 4 00 w N Q I• F83Z W N C W` 8 6� W O g g Q m � y NV-1d ld3ON0O a= o� i I I (D� � 3 i 1 &nbsp; City Council &nbsp;21 &ndash;&nbsp;27 11/15/2022 &nbsp; �p�,M3� .. 1p . Tj}1� j Human Resources www.santa-ana.org/human-resources Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Memorandum of Understanding between the City of Santa Ana and Service Employees International Union Local 721, Part -Time Non -Civil Service Unit AGENDA TITLE: Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, Part -Time Non -Civil Service Unit RECOMMENDED ACTION Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, Part -Time Non -Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize non -substantive changes which may be necessary to implement the agreement. DISCUSSION The prior Memorandum of Understanding between the City of Santa Ana and Service Employees International Union ("SEIU") Local 721, Part -Time Non -Civil Service Unit ("PTNCS") expired in June 2017. Since that time, employees represented by SEIU Local 721 PTNCS Unit have not received any salary adjustments, except for certain classifications that were impacted by minimum wage increases in 2020. The City recently reached a tentative agreement with the SEIU PTNCS Unit, on a two (2) year Memorandum of Understanding effective November 16, 2022 through November 15, 2024. The tentative agreement has been ratified by membership. The major provisions of the agreement include: salary increases of five percent (5%) effective the first pay period following City Council approval of the MOU and five percent (5%) in July 2023; a one-time payment of two thousand dollars ($2,000) for employees with an original hire date prior to May 1, 2020 and those who have since been rehired, and a one-time payment of three hundred dollars ($300) for all other employees (who do not qualify for the one-time two thousand dollar ($2,000) payment); the establishment of a retirement health savings plan for employees, who will contribute City Council 22 — 1 11/15/2022 Memorandum of Understanding between the City of Santa Ana and Service Employees International Union Local 721, Part -Time Non -Civil Service Unit November 15, 2022 Page 2 three quarters of one percent (0.75%) into the accounts each pay period; and clarifying language on issues of employment. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The estimated annual cost of the agreement is $502,766 for FY 2022-23, $326,351 for FY 2023-24, and $122,339 for FY 2024-25, for a total estimated cost of $951,456 over the term of the agreement. Approximately 75% of part-time staffing costs are borne by the General Fund. Therefore, the expected fiscal impact to the General Fund is approximately $377,075 for FY 2022-23, with a similar proportionate impact for the subsequent fiscal years. The FY 2022-23 General Fund budget includes an allocation for the additional cost of labor negotiations within the Non -Departmental section of the budget. With the Midyear Budget Report in February, staff will propose housekeeping adjustments to move portions of that Non -Departmental budget to the affected department budgets within the General Fund. EXHIBIT(S) 1. Memorandum of Understanding between the City of Santa Ana and Service Employees International Union Local 721 Part -Time Non -Civil Service Unit Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager City Council 22 — 2 11/15/2022 NOVEMBER 16, 2022 — NOVEMBER 15, 2024 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND SANTA ANA CITY EMPLOYEES, CHAPTER 1939/SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721, PART TIME NON CIVIL SERVICE EMPLOYEE REPRESENTATION UNIT City Council 1 22 — 3 11/15/2022 TABLE OF CONTENTS ARTICLEI...................................................................................................................................................3 1.0 RECOGNITION............................................................................................................................3 ARTICLEII.................................................................................................................................................3 2.0 NON-DISCRIMINATION............................................................................................................3 ARTICLEIII................................................................................................................................................3 3.0 WORKING CONDITIONS...........................................................................................................3 ARTICLEIV................................................................................................................................................4 4.0 COMPENSATION AND OVERTIME.........................................................................................4 ARTICLEV.................................................................................................................................................8 5.0 UNION TRUST & INSURANCE.................................................................................................8 ARTICLEIV................................................................................................................................................9 6.0 CITY PAID TRAINING/INSTRUCTION....................................................................................9 ARTICLEVII..............................................................................................................................................9 7.0 UNIFORM MAINTENANCE, SAFETY SHOES & TOOLS......................................................9 ARTICLEVIII...........................................................................................................................................10 8.0 MISCELLANEOUS PROVISIONS............................................................................................10 ARTICLEIX..............................................................................................................................................12 9.0 GRIEVANCE PROCEDURE......................................................................................................12 ARTICLEX...............................................................................................................................................14 10.0 DUES DEDUCTION & INDEMNIFICATION..........................................................................14 ARTICLEXI..............................................................................................................................................14 11.0 CITY RIGHTS.............................................................................................................................14 ARTICLEXII............................................................................................................................................16 12.0 EMERGENCY WAIVER PROVISION.....................................................................................16 ARTICLEXIII...........................................................................................................................................16 13.0 SEPARABILITY PROVISION...................................................................................................16 ARTICLEXIV...........................................................................................................................................16 14.0 EMPLOYEE ORIENTATION....................................................................................................16 ARTICLEXV............................................................................................................................................17 15.0 TERM OF AGREEMENT...........................................................................................................17 EXHIBITA................................................................................................................................................20 City Council 2 22 — 4 11/15/2022 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721, (hereinafter called the "Union") as the exclusive representative of the representation unit which includes part time personnel employed by the City as defined in Section 1.2 of this Memorandum of Understanding (hereinafter called the "MOU"). 1.2 The Union represents employees in the classifications listed in Exhibit A of this MOU. 1.3 Per Article X, Section 1002 of the City Charter of the City of Santa Ana, all Part Time positions or employments requiring less than twenty (20) regular hours of employment per week are in the "Excepted Service" of the City. Employees in this unit are part of the Excepted Service and are not covered by the City's Civil Service System. Nothing in this MOU shall be deemed to confer any vested rights or rights greater than those provided in the Charter or ordinances of the City to employees in the unit. ARTICLE II 2.0 NON-DISCRIMINATION 2.1 The City and the Union agree that they shall not discriminate against any employee because of political affiliation, union activities, union membership, union leadership roles, race, color, sex, age, national origin or alienage, sexual orientation, political or religious opinions or affiliations, religious creed, ancestry, physical disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, military or veteran status, status as a part-time worker, and other protected classifications as defined by the California Fair Employment and Housing Act (FEHA). ARTICLE III 3.0 WORKING CONDITIONS 3.1 Hours of Work. The Department Head, or his or her designee shall determine the number of hours of work per day and work which any employee may be required to work, or whether such Part Time employee shall work at all. A. Rest Period. A paid rest period of fifteen (15) minutes may be granted during each work period of four (4) or more consecutive work hours, subject to the operational needs and staffing requirements of the department during that period. City Council 3 22 — 5 11/15/2022 B. Meal Period. Part Time employees who are scheduled to work and who work a minimum of six (6) hours in a day shall be entitled to an unpaid lunch period of one-half ('/2) hour. Such non -paid lunch periods shall be scheduled at or about the midpoint of each work shift. 3.2 Maximum Hour Limits. Employees are limited to a maximum of twenty (20) hours of work per week except when an employee is placed on emergency appointment. A. Employees who are not members of the California Public Employees Retirement System (CaIPERS) are limited to a maximum of nine hundred and ninety-nine (999) hours per fiscal year (July 1 each year through June 30 of the following year). B. Part time employees who are members of Ca1PERS may work up to a maximum of 1040 hours per fiscal year. The City will provide timely notification to Part Time employees prior to the attainment of their maximum annual limit of work hours, but failure to provide such notification shall not be the basis for any liability of the City. 3.3 Sub -Contracting. In the event the City decides to sub -contract the work currently performed by bargaining unit employees it will provide notice and an opportunity to meet and confer to the Union. ARTICLE IV 4.0 COMPENSATION AND OVERTIME 4.1 Wage Rate Schedule. The wage rates for the designated class titles for employees in the unit are set forth in Exhibit A. Effective on the first day of the pay period following City Council approval of this MOU, the base salaries for all employees in the bargaining unit will be increased by five percent (5.00%). Effective on the first day of the pay period following July 1, 2023, the base salaries for all employees in the bargaining unit will be increased by five percent (5.00%). All employees in the bargaining unit as of City Council approval of the MOU with an original hire date prior to May 1, 2020, and for those who have been since re -hired who are active in the unit will receive a one-time payment of two thousand dollars ($2,000.00). At the same time, all other active employees in the unit who do not qualify for the one two thousand dollar ($2,000.00) one-time payment, shall receive a one-time payment of three hundred dollars ($300.00). The payment will be made as soon as practicable but no later than sixty (60) days of approval of the MOU. City Council 4 22 — 6 11/15/2022 4.2 Compensation for Hours Worked. An employee's paycheck shall reflect the actual hours worked during that pay period. A. Adjustment of Time Sheets. The Employee must be given an explanation of any changes to his/her time sheet within 24 hours of any change. B. Pay Day: If an employee's timesheet and/or paycheck payroll record (i.e., electronic payroll entries) is not processed in the applicable designated pay period and the employee is not at fault for improperly submitting paperwork, the employee may request a special paycheck to be paid within five business days of the regular pay day. The employee must verify that they have submitted the proper paperwork by the department payroll deadline and the Department will have the opportunity to review the claim. Upon confirming the employee is not at fault, the special paycheck will be produced within five business days. 4.3 Initial Wage Rate. The initial wage rate for new employees covered by this MOU shall be the lowest rate assigned to the class title in the Wage Rate Schedule (Exhibit A) to which the employee is appointed; provided, however, the Appointing Authority may appoint a new employee at a higher step in the applicable wage rate range assigned to the class title if there has been unusual difficulty in recruiting competent employees at the lowest rate, or the higher initial rate selected is commensurate with the education and experience of the appointee. 4.4 Advancement within Ranges. Employees shall advance steps within their wage range (e.g., from Step A to Step B and from Step B to C, etc.) after completing 1040 hours of work (which includes, hours paid for sick leave, jury duty and work on a holiday) at each step. Employees shall move to the next Step on the range effective the first day of the pay period following the date of completion of 1040 work hours until they are at top step (Step E). 4.5 Bilingual Pay. An employee who is assigned by a Department Head or his or her designee to a position requiring bilingual capability in both English and any other language, shall be paid an hourly assignment pay differential in accordance with the criteria and amounts set forth below: A. Certification by the Executive Director of Human Resources or designee, as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capability. B. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or City Council 5 22 — 7 11/15/2022 emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential or integral element of the work being performed, shall be designated as Primary Bilingual Assignments. Employees in such positions shall be paid in a differential of one dollar and one cent ($1.01) per hour starting in the pay period after the employee is approved for bilingual pay. C. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not major, essential, or integral element of the work, shall be designated as a Secondary Bilingual Assignment. Employees in such position shall be paid a differential of twenty-three cents ($.23) per hour starting in the pay period after the employee is approved for bilingual pay. D. The City may require periodic recertification of bilingual capability. 4.6 Deferred Compensation Retirement. The City has adopted a qualified retirement plan for all employees in the unit not covered by Ca1PERS to comply with the Omnibus Budget Reconciliation Act of 1990. This plan is a qualified Section 457 Deferred Compensation Plan. This Plan is currently set up through the Public Agency Retirement Services (PARS). A. Employees covered by this pan (i.e., all employees in the unit who are not enrolled in Ca1PERS) shall be required to contribute 3.75% of their wages into the Plan. B. The City agrees to contribute 3.75% of all employees' (enrolled in this plan and not in Ca1PERS) wages into the employees' retirement plan. C. If, at any time in the future, it is determined by the Internal Revenue Service, a court or a change in the law that this plan does not qualify as a qualified alternative retirement system to Social Security coverage, the City shall discontinue its contributions into the plan for employees in the plan. The City shall not assume responsibility for the payment of any back taxes due for Social Security coverage or for payments to any other qualified retirement plan except for those payments mandated by law to be paid for by an employer. D. Employees Covered By Ca1PERS. Employees who are required to be enrolled in the California Public Employees' Retirement System (Ca1PERS) because they work in excess of 999 hours in any fiscal year are subject to the following: Miscellaneous members who do not qualify as "New Members" under the California Public Employees' Pension Reform Act of 2013 (PEPRA), shall be enrolled in the 2.7% @ 55 benefit formula per Government Code section 21354.5 and shall pay the 8% member contribution. "New members" as defined by PEPRA will be enrolled in the 2% @ 62 benefit formula per Government Code section City Council 6 22 — 8 11/15/2022 7522.20(a) paying one half of the normal cost rate, as established each year by Ca1PERS. E. The City at no time shall be required to pay contributions to the two separate retirement systems provided to employees in this unit — (for example Ca1PERS and PARS). Employees in this unit are either members of Ca1PERS or PARS, not both. However, employees in this unit may participate in the voluntary 457 Deferred Compensation Plan. 4.7 Overtime. Any work in excess of forty (40) hours in a workweek shall entitle the employee to overtime compensation, at a rate equal to one and one-half (1 '/2) times the employee's regular hourly rate of pay. A. Employees who work overnight trips and remain available for duty for any 24 hour period shall be paid for 16 hours each 24 hour period. B. Any partial day worked shall be paid based on actual hours worked on that day. 4.8 Holidays. Employees who are required to work on an official City holiday will be compensated at time and one-half (1.5x) for all hours worked. In those years when an employee works on July 4th but the City observes the holiday on July 3rd, that employee will be compensated at time and one-half (1.5x) for all hours worked on the July 4th. If an employee works both July 3rd and July 4th they will only receive the time and one-half compensation for one of those days. 4.9 Report Pay. Any employee who reports to work for a scheduled shift of 2 hours or more, but is dismissed prior to the completion of 2 hours, shall be compensated for a total of 2 hours. 4.10 Callback Pay. An employee required to report to work when not scheduled, will receive a minimum 1 hour of pay. 4.11 Paid Leave Time. Employees shall be allowed paid time off if any of the following occur during their regular work hours: City conducted job examinations/interviews, jury duty and if subpoenaed as a witness in City related litigation. 4.12 Paid Sick Leave. Employees accrue paid sick leave hours and utilize such time for purposes defined by California's Healthy Workplaces/Healthy Families Act of 2014. All employees in the unit may accrue up to 24 hours of sick leave per calendar year (employees accrue one (1) hour for each 30 hours worked up to 24 hours per calendar year) with a maximum accrual of 48 hours. Any unused accrued sick leave shall carry over to the following year of employment per Labor Code section 246(d). Each employee can use City Council 7 22 — 9 11/15/2022 accrued sick leave time beginning the 90th day of employment. If sick leave abuse is suspected, an employee may be required to produce a physician certificate verifying that the employee was sick. Employees may use any of their accrued sick leave as defined by law. Employees may use up to fifty percent (50%) of the total leave time available for use in a calendar year for personal necessity. Personal necessity is defined as follows: a) to attend to a serious accident to members of the employee's immediate family; b) childbirth; c) to cope with imminent danger to the employee's family, home, or other valuable property; d) to attend to medical or dental appointments for members of the employee's household; e) when the existence of external circumstances beyond the employee's control make it impossible for him or her to report for duty. 4.13 Pregnancy Disabili . Leave. Employees are covered by the Pregnancy Disability Leave Act which includes the ability to receive up to four months of leave for pregnancy disability. ARTICLE V 5.0 UNION TRUST & INSURANCE 5.1 Union Trust Fund. The Union established a trust fund to reimburse active unit employees for certain benefits. The eligibility criteria and benefit levels have been developed, administered and managed solely by the union. The Trust Fund was established in accordance with federal and state laws and the Union shall defend and indemnify the City for any claims regarding the administration of, or the payment of, benefits arising out the administration of the Trust Fund. The Union may elect to cover the costs of establishing and administering the Trust from the City's allocation. The City will set aside the sum of $200,000 on an annual basis to the fund administered by the Union. Annual payments will be made by February 1 st of each year. 5.2 Insurance Benefits. Employees may voluntarily participate in the insurance programs offered by the Union's Benefit Trust through payroll deduction. 5.3 Retirement Health Savings (RHS) Plan. Effective in the pay period following City Council approval of this MOU, employees shall participate in the City's RHS Plan. Three quarters of one percent (.75%) will be deducted from each employee's base pay and deposited into their individual RHS account each pay period. This contribution shall be made on a pre-tax basis. City Council 8 22 — 10 11/15/2022 ARTICLE IV 6.0 CITY PAID TRAINING/INSTRUCTION 6.1 The City will provide the necessary training and orientation so that new employees are advised of City-wide policies and procedures and those relating to their assigned work unit. If an employee is required by his or her Department Head to attend a workshop, seminar, conference or similar training/educational activity, the cost of the training shall be paid by the City and the employee shall be paid for his/her time in the training as hours worked. The employee may be relieved of their work duties during the training. ARTICLE VII 7.0 UNIFORM MAINTENANCE, SAFETY SHOES & TOOLS 7.1 Uniform Maintenance. All employees who are required by the City to wear a uniform while on duty shall be provided a sufficient number of clean uniforms per fiscal year at no cost to the employee. Employees may request additional uniforms based on operational need or to replace worn uniforms with uniforms that are in good condition. The Department shall make a reasonable effort to accommodate all such requests. The City shall provide weather gear (hat, rain gear, rain boots, and a plastic water bottle) for field personnel. 7.2 Safety Shoes. A. The City agrees to pay up to two hundred dollars ($200) per fiscal year per eligible employee, for the purchase and/or repair of approved safety shoes/boots. The option of purchase and/or repair shall be at the sole discretion of the employee. B. All safety shoes/boots purchased under this program must meet the requirements under the American Society for Testing and Materials (ASTM) F 2412-05 and F 2413-05. C. If a particular class is designated as required its incumbents to wear safety shoes., then it will be mandatory for all incumbents of that class to wear the type of safety shoe (boot or low -quarter) deemed to be appropriate by the Department Head (some exemptions may be allowed, on a case -by -case basis, depending on the type and amount of exposure to hazard in particular positions) and subject to the approval or disapproval of the Executive Director of Human Resources or designee. City Council 9 22 —11 11/15/2022 D. The procedure necessary to be followed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City. 7.3 Tool Reimbursement Policy. Unit employees with at least one year of service, who are assigned to fleet and are required to use their own tools, will receive a tool reimbursement up to $500 per fiscal year. ARTICLE VIII 8.0 MISCELLANEOUS PROVISIONS 8.1 During the term of this Agreement: A. Personnel rules and regulations and departmental rules and regulations exist within the City. These rules and regulations shall be continued to the extent they do not conflict with provisions of this Agreement. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and conditions of employment, the City shall meet and confer with the Union; provided, further, however, no provision of the rules and regulations shall be changed to conflict with provisions of this MOU. B. If any employee with less than five years of service (5200 hours) is terminated from employment with the City, he or she may request a review of the action with the Department head or designee prior to the effective date of the action. Said meeting shall be held prior to the effective date of the action. If any employee with at least five (5) years of service (5200 hours) is scheduled to be terminated from employment with the City, he or she may request a review of the action with the Department Head or designee and said meeting will take place prior to the effective date of the termination. Employees may request further review of the action and the Department Head's response from the City Manager or his/her designee prior to the termination date. C. Union Release Time for Union Officials, Board Members, and Employee Representatives. 1) The City's Executive Director of Human Resources or designee shall be provided with a list of names and classification titles of the employees serving as the Union's Board members, Officers, and Employee Representatives. Such Board members, Officers, and Employee Representatives shall be considered work site representatives. City Council 10 22 — 12 11/15/2022 2) During the term of this MOU, the City agrees to grant a up to a total of fifty (50) hours per fiscal year which cannot be carried over to another fiscal year if not used, to this bargaining unit to allow its work site representatives, without loss of pay, to perform the responsibilities of their positions as follows: the investigation and processing of grievances, including representation at all levels of the grievance procedure; meetings with Department Heads involving the termination of employees, and joint labor-management meetings. 3) Work site representatives shall make advance arrangements with their supervisors prior to absenting themselves for such purposes and shall be required by the City to record and report to their supervisors on the work time spent in assisting other employees or on Union business, as defined in #2 above. Such time shall be recorded as "union representative time." 4) Officers, worksite leaders/stewards and/or paid Union representatives shall be permitted to visit break and lunch areas designated by the City, before or after work or during designated lunch periods for the purpose of discussing Union business, provided that arrangements are made in advance with the manager responsible for the worksite. D. Executive Board Member's Union Release Time. 1) The City's Executive Director of Human Resources or designee shall be provided with the name and classification title of the unit employee serving as the Union's Executive Board Member. 2) One (1) designated SEIU Local 721 Executive Board Member shall be allowed up to 20 hours per year without loss of pay and benefits to perform the responsibilities, of his/her position. 3) The Union shall reimburse the City for 100% of the salary, including any premium payments and benefit costs for Union Release Time. 4) The Union agrees to pay for Union Release Time within thirty (30) days of receiving the bill from the City. 5) The Executive Board Member shall make advance arrangements with his or her supervisor prior to absenting him or herself from work related to his or her union responsibilities and shall be required by the City to record and report to his or her supervisor on the work time spent in Union Release Time. Such time shall be recorded as "union release time." City Council 11 22 — 13 11/15/2022 E. If, at some point in the future, the President for the SEIU 721/Association bargaining unit is elected from the Part Time Non -Civil Service category of employment, then all rights and privileges pertaining to President's leave shall apply- F. Electronic Time keeping. The City agrees to meet and confer over the impacts of its decision when and if it desires to implement an electronic time keeping system. G. Promotional Opportunities. The City shall give employees in this unit the opportunity to apply for full-time "open," "open and promotional," and "restricted" positions. H. Expense Reimbursement. The City shall reimburse employees for any pre - approved work -related expenses. ARTICLE IX 9.0 GRIEVANCE PROCEDURE 9.1 Nothing in this grievance procedure shall be deemed to confer any vested rights or rights greater than those provided in the Charter or ordinances of the City of Santa Ana to employees in this unit. 9.2 Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Union concerning the interpretation or application of specific provisions of this MOU, and/or the City's personnel and/or departmental rules applicable to Unit employees. No employee shall suffer any reprisal because of filing or processing of a grievance or participation in the Grievance Review Procedure. 9.3 Informal Process — First S A. An employee and/or his or her designated representative must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of fifteen (15) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. City Council 12 22 — 14 11/15/2022 C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen (15) calendar days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee's designated representative shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to the employee's Department Head. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above within fifteen (15) calendar days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. D. Any resolution of the grievance at the informal stage by any person other than a mid -level manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this MOU. 9.4 Formal Process. A. Second Step. The Department head, or his or her designated representative, shall meet with the employee and/or the employee's designated representative within fifteen (15) working days after the grievance has been submitted to the Department Head. The Department Head, or his or her designated representative, shall review the grievance and may affirm, reverse or modify the disposition made at the First Step and shall deliver his or her answer to the employee and/or the employee's designated representative within ten (10) calendar days after the meeting. B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee's representative may submit the grievance in writing to the City Manager, or his or her designated representative, within thirty (30) days of being informed of the disposition made at the Second Step. Failure of the grievant and/or his or her designated representative to take this action shall constitute a waiver and bar to the grievance, and the grievance shall be considered settled on the basis of the disposition made at the Second Step. The City Manager, or his or her designated representative, shall meet with the employee and/or the employee's designated representative, within fifteen (15) calendar days after submission of the grievance. The City Manager, or his or her designated representative, after careful review, may affirm, reverse or modify the disposition made at the Second Step and his or her decision, which shall be final and binding, shall be delivered, in writing, to the employee and/or the employee's designated representative within fifteen (15) calendar days after the meeting. City Council 13 22 — 15 11/15/2022 9.5 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, the Union, and the City shall have all rights and remedies to pursue said grievance under the law. ARTICLE X 10.0 DUES DEDUCTION & INDEMNIFICATION 10.1 Union Dues. When an employee is hired they shall participate in an employee orientation process with the Union. If following the employee orientation process, the employee returns an Authorization form authorizing the deduction of union dues, the City shall initiate the payroll deduction of Union dues, beginning the first pay period of employment if returned within three calendar (3) days of the orientation or effective on the next pay period if returned any other time. The Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721, shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from the provisions herein. In no event shall the City be required to pay from its own funds, Union Dues, which the employee was obligated to pay, but failed to pay, regardless of the reasons. ARTICLE XI 11.0 CITY RIGHTS 11.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, technology, and extent of services to be provided to the public. City Council 14 22 — 16 11/15/2022 E. To determine methods of financing. F. To determine types of equipment and/or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including but not limited to the right to contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar non- disciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this MOU. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this MOU. O. To determine policies, procedures, and standards for selection and training and promotion of employees. P. To establish employee performance standards including but not limited to quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this MOU. City Council 15 22 — 17 11/15/2022 S. To take any and all necessary action to carry out the mission of the City in emergencies. 11.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. ARTICLE XII 12.0 EMERGENCY WAIVER PROVISION 12.1 In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU and/or personnel and/or departmental rules applicable to unit employees, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU shall be effective immediately. The Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency. ARTICLE XIII 13.0 SEPARABILITY PROVISION 13.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. ARTICLE XIV 14.0 EMPLOYEE ORIENTATION Each new employee shall be scheduled to attend an orientation. The City shall provide the Union with no less than ten (10) calendar days' advance written notice of the date, time and location of the orientation. The City may provide shorter notice only in a specific instance where there is an urgent need critical to the City's operations that was not reasonably foreseeable. Such notice shall be sent to the Union via an email to membership@seiu721.org, the designated SEIU Worksite City Council 16 22 — 18 11/15/2022 Organizer, and the Chapter President. The notice shall also include the new employee's name, employee identification number (if assigned yet), and job title. After receiving notice of each employee orientation, the Union will inform Human Resources as to whether an SEIU representative will or will not attend. If an SEIU representative will not be able to attend the scheduled employee orientation, the Union may deliver union related documents contained within an envelope or welcome packet for each new employee for Human Resources staff to hand to the new employee at the orientation. The City will not discuss or answer questions related to these documents other than to inform the new employee that they are from the union that exclusively represents his/her classification. In addition, the employee will be informed that if he/she has any questions regarding the documents and/or union, he/she should contact his/her Union representative. If the Union informs the City that an SEIU representative will attend the employee orientation, the City agrees to provide each new employee with up to thirty (30) minutes, while remaining on paid duty time, to meet with his/her union representative during the orientation. No management representative shall be present during the Union's presentation of the employee orientation. In the event the union representative providing the orientation is an employee of the City (i.e., Chapter President, union officer, worksite leader, or steward), he/she shall also be provided with up to thirty (30) minutes of paid release time in which to conduct the union's portion of the orientation. No more than one (1) City employee at a time shall be released to conduct the Union's presentation during the orientation. ARTICLE XV 15.0 TERM OF AGREEMENT 15.1 This MOU will expire on November 15, 2024. The City is willing to begin negotiations for a successor MOU by March 1, 2024 if requested by February 1, 2024 by the union. If the union makes a request after February 1, 2024, the City agrees to begin negotiations within thirty (30) days of the request to bargain from the union. City Council 17 22 — 19 11/15/2022 Dated: Dated: Dated: ATTEST: CLERK OF THE COUNCIL CITY OF SANTA ANA, A Municipal Corporation of the State of California By: MAYOR By: CITY MANAGER By: EXECUTIVE DIRECTOR OF HUMAN RESOURCES APPROVED AS TO FORM: Peter Brown Labor Attorney This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721, Part Time Employees Representation Unit. Dated: Dated: Kristin Aldridge Chief Negotiator Monica Suter SEIU President City Council 18 22 — 20 11/15/2022 Dated: Dated: Renee Hernandez Board Member Carmen Acosta Board Member City Council 19 22 — 21 11/15/2022 SEIU PART-TIME HOURLY WAGE RATE SCHEDULE EFFECTIVE NOVEMBER 26, 2022 EXHIBIT A JOB TITLE JOB CODE STEP A STEP B STEP C STEP D STEP E Account Clerk I 09041 20.48 21.47 22.54 23.68 24.85 Account Clerk II 09042 22.65 23.77 24.99 26.21 27.52 Administrative Aide 09770 25.96 27.26 28.61 30.05 31.55 Animal Keeper 09000 16.31 17.13 17.99 18.89 19.83 Building Maintenance Assistant 09215 22.31 23.42 24.59 25.85 27.10 Cashier 09040 15.86 16.65 17.48 18.35 19.27 Clerical Aide 09060 16.17 16.99 17.80 18.69 19.62 Clerk Typist 09090 21.21 22.27 23.38 24.55 25.78 Combination Inspector 09800 31.71 33.27 34.97 36.70 38.56 Community Center Aide 09100 21.20 22.26 23.37 24.54 25.77 Computer Technician 09690 20.63 21.66 22.75 23.90 25.11 Customer Service Clerk 09780 21.26 22.31 23.43 24.60 25.85 Data Entry Clerk 09120 17.63 18.52 19.48 20.43 21.46 Engineering Apprentice 09471 21.81 22.90 24.05 25.25 26.51 Equip. Svc. Attendant 09140 19.85 20.81 21.89 22.94 24.12 Information Desk Clerk 09755 17.80 18.69 19.62 20.60 21.63 Janitor 09170 16.26 17.07 17.92 18.82 19.78 Library Associate 09271 19.91 20.91 21.95 23.06 24.22 Library Clerk I 09200 16.59 17.40 18.28 19.22 20.15 Library Clerk II 09210 18.38 19.29 20.23 21.26 22.31 Maintenance Attendant 09230 15.75 16.54 17.09 17.94 18.84 Mobile Library Clerk 09280 20.21 21.26 22.29 23.42 24.59 Municipal Utility Reader/Collector 09775 20.34 21.36 22.41 23.54 24.72 Page 09290 15.75 16.54 17.09 17.94 18.84 Park Maintenance Assistant 09300 17.23 18.10 19.02 19.97 20.98 Park Ranger (Part Time) 03615 28.60 30.04 31.53 33.13 34.80 Permit Parking Aide 09505 21.95 23.05 24.22 25.41 26.68 Tanning Technician 09135 26.08 27.37 28.75 30.19 31.71 Police Records Clerk 09330 19.28 20.21 21.26 22.29 23.42 Police Supply Clerk 09340 19.33 20.30 21.32 22.39 23.51 Program Coordinator 08160 19.23 20.19 21.20 22.26 23.37 Program Leader 09360 15.82 16.61 17.44 18.31 19.23 Purchasing Clerk 09720 20.39 21.41 22.50 23.61 24.78 Recreation Facility Attendant 09395 17.23 18.10 19.02 19.97 20.98 ight-of-Way Technician 09900 16.40 17.23 18.12 19.01 19.93 City Council 20 22 - 22 11/15/2022 JOB TITLE JOB CODE STEP A STEP B STEP C STEP D STEP E Senior Clerical Aide 09070 17.80 18.69 19.62 20.60 21.63 Senior Library Associate 09270 21.14 22.19 23.28 24.47 25.68 Senior Program Leader 09400 16.61 17.44 18.31 19.23 20.19 Special Events Leader I 09430 16.21 17.02 17.87 18.76 19.70 Special Events Leader II 09440 19.78 20.77 21.81 22.90 24.05 Sr. Maintenance Aide 09250 15.88 16.66 17.49 18.38 19.30 Sr. Maintenance Worker 09260 19.30 20.27 21.28 22.34 23.46 Sr. Special Emp. Counselor 08370 16.40 17.23 18.12 19.01 19.93 Sr. Tutor 08410 18.98 19.93 20.93 21.92 23.02 Stores Aide 09460 18.93 19.89 20.85 21.91 22.98 Tutor 08420 16.40 17.22 18.08 18.98 19.93 Water Conservation Representative 09960 16.75 17.58 18.45 19.37 20.38 City Council 21 22 - 23 11/15/2022 SEIU PART-TIME HOURLY WAGE RATE SCHEDULE EFFECTIVE JULY 2, 2023 EXHIBIT A JOB TITLE JOB CODE STEP A STEP B STEP C STEP D STEP E Account Clerk I 09041 21.50 22.54 23.67 24.86 26.09 Account Clerk II 09042 23.78 24.96 26.24 27.52 28.90 Administrative Aide 09770 27.26 28.62 30.04 31.55 33.13 Animal Keeper 09000 17.13 17.99 18.89 19.83 20.82 Building Maintenance Assistant 09215 23.43 24.59 25.82 27.14 28.46 Cashier 09040 16.65 17.48 18.35 19.27 20.23 Clerical Aide 09060 16.98 17.84 18.69 19.62 20.60 Clerk Typist 09090 22.27 23.38 24.55 25.78 27.07 Combination Inspector 09800 33.30 34.93 36.72 38.54 40.49 Community Center Aide 09100 22.26 23.37 24.54 25.77 27.06 Computer Technician 09690 21.66 22.74 23.89 25.10 26.37 Customer Service Clerk 09780 22.32 23.43 24.60 25.83 27.14 Data Entry Clerk 09120 18.51 19.45 20.45 21.45 22.53 Engineering Apprentice 09471 22.90 24.05 25.25 26.51 27.84 Equip. Svc. Attendant 09140 20.84 21.85 22.98 24.09 25.33 Information Desk Clerk 09755 18.69 19.62 20.60 21.63 22.71 Janitor 09170 17.07 17.92 18.82 19.76 20.77 Library Associate 09271 20.91 21.96 23.05 24.21 25.43 Library Clerk 1 09200 17.42 18.27 19.19 20.18 21.16 Library Clerk II 09210 19.30 20.25 21.24 22.32 23.43 Maintenance Attendant 09230 16.54 17.37 17.94 18.84 19.78 Mobile Library Clerk 09280 21.22 22.32 23.40 24.59 25.82 Municipal Utility Reader/Collector 09775 21.36 22.43 23.53 24.72 25.96 Page 09290 16.54 17.37 17.94 18.84 19.78 Park Maintenance Assistant 09300 18.09 19.01 19.97 20.97 22.03 Park Ranger (Part Time) 03615 30.03 31.54 33.11 34.79 36.54 Permit Parking Aide 09505 23.05 24.20 25.43 26.68 28.01 Tanning Technician 09135 27.38 28.74 30.19 31.70 33.30 Police Records Clerk 09330 20.24 21.22 22.32 23.40 24.59 Police Supply Clerk 09340 20.30 21.32 22.39 23.51 24.69 Program Coordinator 08160 20.19 21.20 22.26 23.37 24.54 Program Leader 09360 16.61 17.44 18.31 19.23 20.19 Purchasing Clerk 09720 21.41 22.48 23.63 24.79 26.02 Recreation Facility Attendant 09395 18.09 19.01 19.97 20.97 22.03 ight-of-Way Technician 09900 17.22 18.09 19.03 19.96 20.93 City Council 22 22 - 24 11/15/2022 JOB TITLE JOB CODE STEP A STEP B STEP C STEP D STEP E Senior Clerical Aide 09070 18.69 19.62 20.60 21.63 22.71 Senior Library Associate 09270 22.20 23.30 24.44 25.69 26.96 Senior Program Leader 09400 17.44 18.31 19.23 20.19 21.20 Special Events Leader I 09430 17.02 17.87 18.76 19.70 20.69 Special Events Leader II 09440 20.77 21.81 22.90 24.05 25.25 Sr. Maintenance Aide 09250 16.67 17.49 18.36 19.30 20.27 Sr. Maintenance Worker 09260 20.27 21.28 22.34 23.46 24.63 Sr. Special Emp. Counselor 08370 17.22 18.09 19.03 19.96 20.93 Sr. Tutor 08410 19.93 20.93 21.98 23.02 24.17 Stores Aide 09460 19.88 20.88 21.89 23.01 24.13 Tutor 08420 17.22 18.08 18.98 19.93 20.93 Water Conservation Representative 09960 17.59 18.46 19.37 20.34 21.40 City Council 23 22 - 25 11/15/2022 Human Resources www.santa-ana.org/departments/human-resources/ i Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association AGENDA TITLE: Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association RECOMMENDED ACTION Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize non -substantive changes which may be necessary to implement the agreement. DISCUSSION The City recently reached a tentative agreement with the Santa Ana Police Management Association ("SAPMA") on a three and one-half (3.5) year successor Memorandum of Understanding effective January 1, 2022 through June 30, 2025. The tentative agreement has been ratified by SAPMA membership. The major provisions of the agreement include: salary increases of three percent (3%) effective the first pay period following City Council approval of the MOU, three percent (3%) in July 2023, and three percent (3%) in July 2024; adding Step E for non -sworn classifications; recognizing the Cesar Chavez holiday; increasing medical and dental City contributions to the same levels as other City management employees; and increasing medical City contributions by fifty dollars ($50) per month in January 2024 and fifty dollars ($50) per month in January 2025. Other key terms of the agreement include: updated discipline and grievance processes; acting pay language; bilingual pay recertification every three (3) years (for employees who receive bilingual pay); reopener on salary matrix, pay periods, and merit/step increases; reducing the number of unused sick leave hours that may be converted to CalPERS service credit to eighty (80) for current employees and eliminating the option City Council 23 — 1 11/15/2022 Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association November 15, 2022 Page 2 to convert unused sick leave hours to CalPERS service credit for future employees; modifying the maximum amount of sick leave that may be converted to employees' retirement health savings accounts from one thousand six -hundred (1,600) hours to two thousand (2,000) hours; new employees hired after City Council approval of the MOU will (1) accrue a maximum of three hundred fifty-two (352) sick leave hours with any accrued hours over the maximum would be cashed out into employees' retirement health savings accounts in January each year and (2) contribute one and one quarter percent (1.25%) and the City will contribute one percent to a retirement health savings account; and clarifying language on issues of employment. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The estimated annual cost of the agreement during the three and one-half (3.5) year period is $152,606 for FY 2022-23, $428,920 for FY 2023-24, and $623,965 for FY 2024-25, for a total estimated cost of $1,205,491 to the General Fund. The FY22-23 General Fund budget includes a set -aside for the additional cost of labor negotiations with the Non -Departmental section of the budget. With the Midyear Budget Report in February, staff will propose housekeeping adjustments to move portions of that Non -Departmental budget to the affected department budgets within the General Fund. EXHIBIT(S) 1. Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager City Council 23 — 2 11/15/2022 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA ANA AND SANTA ANA POLICE MANAGEMENT ASSOCIATION REPRESENTATION UNIT JANUARY 1, 2022 THROUGH JUNE 309 2025 City Council 23 — 3 11/15/2022 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I Recognition 3 ARTICLE II Non -Discrimination Clause 4 ARTICLE III Attendance, Workday, Workweek and Work Schedule 5 ARTICLE IV Salaries 6 ARTICLE V Assignment and Other Special Pay Additives 12 ARTICLE VI Educational Incentive Program 14 ARTICLE VII Training and Educational Assistance Program 17 ARTICLE VIII Overtime 20 ARTICLE IX Holidays 21 ARTICLE X Vacation 24 ARTICLE XI Other Leaves of Absence 27 ARTICLE XII Employee Insurance 35 ARTICLE XIII Deferred Compensation 39 ARTICLE XIV Retirement 40 ARTICLE XV Technology Stipend 43 ARTICLE XVI Expanded Residency 44 ARTICLE XVII Controlled Parking and Take Home Vehicle Privileges 45 ARTICLE XVIII Discipline 46 ARTICLE XIX Grievance Review Procedure 49 ARTICLE XX Dues Deduction and Indemnification 52 ARTICLE XXI City Rights 53 ARTICLE XXII Strikes and Work Stoppages 55 ARTICLE XXIII Sole and Entire Agreement 56 ARTICLE XXIV Waiver of Bargaining During the Term of MOU 57 ARTICLE XXV Severability Provision 58 ARTICLE XXVI Term of MOU 59 ARTICLE XXVII Ratification and Execution 60 EXHIBIT A 62 2 City Council 23 — 4 11/15/2022 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana Police Management Association (hereinafter called the "Association") as the recognized representative of the bargaining unit which includes full-time Police Department employees in the sworn, "safety -member" classifications and assignments of Police Lieutenant, and Police Captain, and full-time department employees in the non - sworn, "miscellaneous -member" classifications and assignments of Police Communications Manager, Police Administrative Budget Manager, Police Administrative Manager, Jail Administrator, Correctional Manager, and Police Systems Manager. 3 City Council 23 — 5 11/15/2022 ARTICLE II 2.0 NON-DISCRIMINATION CLAUSE 2.1 The City and the Association agree that they shall not discriminate against any employee in violation of State or Federal law. The City and the Association shall reopen any provision of this Memorandum of Understanding (hereinafter called the "MOU") for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with State or Federal anti -discrimination laws. 59 City Council 23 — 6 11/15/2022 ARTICLE III 3.0 ATTENDANCE, WORKDAY, WORKWEEK & WORK SCHEDULE 3.1 Attendance. Employees shall be in attendance at their work during hours prescribed by the Police Chief or their designee(s) and shall not absent themselves during prescribed hours without authorization from the Police Chief or their designee. Employees shall not be required to submit a Leave of Absence Request for absences of two (2) hours or less. 3.2 Alternative Work Schedules. A. All employees, except those Police Lieutenants assigned as Watch Commanders or assigned to positions designated by the Police Chief as special exemptions, shall be permitted, at the employee's option, to work a 4/10 work schedule. Each workday shall consist of ten (10) hours of work and thirty (30) minutes unpaid mealtime. Said schedule shall be set by the Police Chief and subject to annual review by the Police Chief. B. All employees (except those Police Lieutenants assigned as Watch Commanders) not assigned to the 4/10 work schedule shall work a 9/80 work schedule. Employees assigned to the 207(k) 9/80 work schedule shall work either five (5) nine -hour workdays in the first seven (7) day span and three (3) nine -hour and one (1) eight -hour workdays in the second seven (7) day span, or alternatively three (3) nine -hour workdays and one (1) eight -hour workday in the first seven (7) day span and five (5) nine -hour workdays in the second seven (7) day span. Each nine (9) hour workday shall consist of nine (9) hours of work and thirty (30) minutes unpaid mealtime. The eight (8) hour workday shall consist of eight (8) hours of work and thirty (30) minutes of unpaid mealtime. C. Police Lieutenants assigned to the Field Operations Division as Watch Commanders will continue to be assigned to a 3/12 — 4/12 work schedule. The minimum work day for these employees will consist of eleven (11) hours and thirty (30) minutes of work, with thirty (30) additional minutes for meals. A minimum work period shall consist of two (2) consecutive weeks, with three (3) shifts of eleven (11) hours and thirty (30) minutes in one (1) week and four (4) shifts of eleven (11) hours and thirty (30) minutes in the second week. D. For purposes of computing holiday, vacation, and sick leave accruals, an eight (8) hour day shall be the basis for computation. 5 City Council 23 — 7 11/15/2022 ARTICLE IV 4.0 SALARIES 4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all members of the Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this MOU. 4.2 Salary Schedule. The basic salary schedule, as periodically updated and published by the City is comprised of five (5) steps or rate ranges of pay for sworn (Ca1PERS "Safety") employees and five (5) steps or rate ranges of pay for non -sworn (Ca1PERS "Miscellaneous") employees. Effective the first full pay period following City Council adoption of this MOU, a Step "E" (approximately five percent (5%) increase from Step "D") will be added to the non - sworn classifications in this unit. The steps within each range are identified by the letters "A" through "E" inclusive for sworn (Ca1PERS "Safety") classifications and "AA" through "E" inclusive for non -sworn (Ca1PERS "Miscellaneous") classifications, with Step "A" being the lowest step for sworn (Ca1PERS "Safety") and Step "AA" being the lowest step for non -sworn (Ca1PERS "Miscellaneous") classifications. The assignment of classes to salary rate ranges during the term of this MOU is listed in Exhibit A. 4.3 Salaries. A. The base salaries of employees shall be adjusted as follows: 1. Effective the first full pay period following City Council adoption of this MOU, classifications covered by this MOU shall receive a salary increase of three percent (3%). 2. Effective the first full pay period after July 1, 2023, employees covered by this MOU shall receive a salary increase of three percent (3%). 3. Effective the first full pay period after July 1, 2024, employees covered by this MOU shall receive a salary increase of three percent (3%). 4. Effective July 1, 2020, the City agrees, after implementation of the four percent (4%) salary increase effective July 1, 2020, to maintain approximately five percent (5%) between the classes of Top Step Sergeant including all pay additives available to this classification and Police 0 City Council 23 — 8 11/15/2022 Lieutenant "D" Step including Supervisory Post Additive (minimum five percent (5%)) and Bilingual Pay Additive. 5. The City and Association agree that upon the expiration of this MOU and during the period of good faith negotiations for a subsequent contract, salary and benefits shall continue at the then current rate. B. The parties agree that the City may, at its sole discretion, alter its payroll practices to eliminate the salary and wage step increases system as set forth in its current payroll matrix, as outlined in the City's salary schedule, as periodically updated and published by the City, and replace them with an equivalent percentage system. For example, a five (5) salary rate range increase would not be computed as set forth on the current matrix, but would instead be exactly two and one half percent (2.5%), rounded up to or down to the nearest penny. This system would apply to all salary increases as set forth in this MOU, including Article IV ("Salaries"), Article V ("Assignment and Other Special Pay Additives") and the rate ranges assigned to the classifications represented by this bargaining unit. There shall be no negative consequences to any represented employee by such conversion. C. The City agrees, during the term of this MOU, to maintain approximately seventeen percent (17%) between the classes of Police Captain and Police Lieutenant. 4.4 Application of Basic Compensation Plan. All employees working in classifications of employment covered by this MOU shall be compensated at a monthly rate, as set forth in Exhibit A. 4.5 Beginning Rates. An employee appointed to one of the designated sworn (Ca1PERS "Safety") classifications of employment listed in this MOU may be placed by the appointing authority at Step "A," Step "B," Step "C", or Step "D" within the applicable rate range in the schedule to which the class has been allocated by Resolution of the City, provided that such employee shall be assigned such salary step upon the commencement of their service in said classification and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of the Article. An employee appointed to one of the designated non -sworn (Ca1PERS "Miscellaneous") classifications of employment listed in this MOU may be placed by the appointing authority at Step "AA", Step "A", Step "B", or Step "C" within the applicable salary rate range as provided above. 4.6 Service. The word "service" as used in this MOU shall be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary 7 City Council 23 — 9 11/15/2022 advancement, service in a higher classification, or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (1st) working day of the month shall not be credited with "time in service" for that month when determining the length of service required for salary step advancement. A lapse of service by an employee for a period of time longer than ten (10) calendar days by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purpose of this MOU and any such employee reentering the service of the City shall be considered as a new employee, except that they may be reemployed within two (2) years and placed in the same salary step in the appropriate salary rate as they were at the time of termination of employment. "Resignation, quit, or discharge" for purposes of this section shall mean leaving City service altogether and not movement within City employment by way of transfer, promotion, or demotion between and among any City departments. 4.7 Advancement Within Ranges. The following regulations shall govern salary advancement within rate ranges: A. For any employee who has been initially appointed to a step lower than Step "E," advancement to the next higher step (Step "A" from Step "AA," Step `B" from Step "A," Step "C" from Step `B," Step "D" from Step "C," or Step "E" from Step "D" respectively) shall be granted for continued satisfactory and efficient service by said employee in the effective performance of the duties of their position. The effective date of an increase from Step "AA" to Step "A," if granted shall be the first (1st) day of the month following the completion of six (6) months of service at Step "AA." The effective date of such step increase from Step "A," Step "B," Step "C," Step "D", or Step "E" if granted, shall be the first (1st) day of the month following the completion of one (1) year of service at the step to which said employee is being advanced. Effective January 1, 2023, the effective date of step increases, if granted, shall be the first (1st) day of the pay period following completion of one (1) year of service at the step to which said employee is being advanced. Such merit advancement shall require the following: There shall be on file in the Office of the Executive Director of Human Resources a copy of each periodic efficiency or performance report required to be made on the employee by the Civil Service Rules and Regulations and/or the City Manager during the period of service time of such employee subsequent to their last salary advancement. 2. The Police Chief, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the step increase and supporting such a recommendation with City Council 23 — 10 11/15/2022 specific reasons therefore. The employee shall be notified of the reasons therefore. 3. No advancement in salary above the lowest step in the salary rate range of the designated classification shall become effective until approved by the City Manager, except when placement on a salary step above the lowest step in the applicable salary rate range results from promotion under the provisions of Section 4.9. B. When an employee has not been approved for advancement to the next higher salary step, they may be reconsidered for advancement to the next higher step above their then current step after the completion of three (3) months of additional service and shall be reconsidered for such advancement after the completion of six (6) months of additional service. 4.8. Annual Performance Based Bonus Pay: Each employee covered by this MOU may be eligible to receive an annual performance bonus for superior performance as a one-time monetary incentive payment based on a percentage of current annual rate of base salary in accordance with the following criteria in Sections 4.8(A) through 4.8(C). A. Performance Levels 1. For overall superior performance rated as `5' Significantly Exceeds Expectations, a one-time monetary incentive payment of five percent (5%). 2. For overall superior performance rated as `4' Exceeds Expectations, a one- time monetary incentive payment of two and one-half percent (2.5%). 3. For overall performance rated as `3' Meets Expectations, no monetary incentive payment. 4. For overall performance rated as `2' Below Expectations, no monetary incentive payment. 5. For overall performance rated as `1' Significantly Below Expectations, no monetary incentive payment. B. Upon an employee failing to receive a rating of "Significantly Exceeds Expectations" in their Annual Performance Evaluation, the supervisor shall promptly prepare a written document which details objectives the employee must meet in order to receive a "Significantly Exceeds Expectations" rating for that 0 City Council 23 —11 11/15/2022 evaluation period and provide that document to the employee. The employee's evaluation will be held in abeyance for a period no longer than ninety (90) days, allowing the employee time to attempt to achieve the objectives. During this time any Performance Based Salary Adjustment for an "Exceeds Expectations," if awarded, shall not be processed. If the employee fails to achieve a rating of "Significantly Exceeds Expectations" within the ninety (90) day period, they will not be eligible for the "Significantly Exceeds Expectations" bonus for that rating period. C. Application of Guidelines 1. Any one-time incentive payment granted under this plan is not an increase in base salary and no salary rate range applicable to an employee shall be changed or deemed to have been changed by reason of such payment. However, such incentive payment for Classic Ca1PERS members as allowable under CCR Section 571 a will be reported to Ca1PERS as special compensation for calculation towards retirement. 2. In the event that Ca1PERS determines that such payments do not meet the definitions listed in CCR Section 571 a as special compensation to be reported to Ca1PERS, the City will convert the incentive payment for eligible employees to a meritorious step on the salary range as set forth in section 4.8(C)(7). 3. An employee that is deemed to be a "New Ca1PERS Member" is not eligible to have the incentive payment reported to Ca1PERS as special compensation. See Government Code section 7522.34(c) and PERS circular 200-064-17 dated December 6, 2017, a bonus is not "PERSable" compensation for new members. 4. An employee that is off on IOD or other leave of absence whose Performance Appraisal date occurs while off work will have their appraisal date adjusted when returning to work for the time not worked. The employee will not be eligible for the incentive bonus payment until completing the required time in their regular position necessary to be evaluated per current departmental policy. 5. Performance based monetary incentive payment amounts for employees shall be recommended by the employee's supervisor and requires the approval of both the Police Chief and City Manager. 6. The Police Chief shall be responsible for the development and administration of detailed administrative procedures and guidelines for the 10 City Council 23 — 12 11/15/2022 consistent and effective application of the Association performance appraisal evaluation criteria. Such procedures and guidelines shall define how performance objectives, measure and standards are developed; when and how performance reviews are to be carried out; how overall performance ratings will be determined; and how performance based monetary incentive payment options are to be exercised. 7. If it is determined by CalPERS that the "Bonus" is not eligible to be included as "PERSable" compensation, the City shall convert the bonus to two (2) additional merit based steps at increments of two and one half percent (2.5%) for the last year that the employee earned the Bonus. The Association understands and agrees that these steps would be merit based and employees must maintain a Significantly Exceeds rating to receive or maintain the five percent (5%) or Exceeds Expectations rating to receive or maintain the two and one half percent (2.5%). Employees who do not receive Significantly Exceeds rating or Exceeds Expectations rating will be returned to Step D of the Association salary schedule. 4.9 Promotional Salary Advancement. When an employee is promoted to a position in a higher classification from a position in a lower classification in the bargaining unit, they shall be reassigned to the lowest step in the appropriate salary rate range for the higher classification that gives the employee a minimum increase of one (1) salary step (approximately five percent (5%)) over their current base salary step (plus any pay for performance bonus if said employee was at top step in their current classification) and exclusive of any pay additive or additives such as shift differential, assignment pay, special skill pay, or the like. 4.10 Demotion. When an employee is demoted to a position in a lower classification, their salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one (1) step. B. The new salary rate must be within the appropriate salary rate range. D. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had their service time in the higher classification been spent in the lower classification. 4.11 Reallocation of Salary Rate Ranges. An employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as he or she had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. ARTICLE V 11 City Council 23 — 13 11/15/2022 5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 5.1 Bilingual Assignment Pay. An employee who speaks both English and either Spanish, Samoan, Vietnamese, or other languages designated by the Police Chief, will be paid a monthly assignment pay differential in accordance with the criteria and amounts set forth below: A. A Police Captain who has been certified by the Executive Director of Human Resources as having satisfactorily demonstrated conversational fluency in both languages shall be paid a monthly differential of one hundred seventy-five ($175) above his or her then current base monthly salary step. B. Any other member of the Association who works in a position where it has been determined by the Police Chief that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major and essential element of the work being performed, as determined by the Police Chief or their designee, shall be paid a monthly differential of one hundred seventy five dollars ($175) above their then current base monthly salary step, upon certification by the Executive Director of Human Resources that the employee has satisfactorily demonstrated conversational fluency in both languages. C. Employees who receive bilingual assignment pay at the time this MOU is adopted by the City Council shall recertify their bilingual capability every three (3) years with the first recertification conducted in July 2025. Employees who do not successfully pass required recertification examinations shall have their bilingual assignment pay removed. D. Employees who are initially certified for bilingual assignment pay after this MOU is adopted by the City Council shall recertify their bilingual capability every three (3) years after the date of initial certification. Employees who do not successfully pass required recertification examinations shall have their bilingual assignment pay removed. 5.2 Acting Pay. Acting pay shall be defined as the temporary assignment of an employee to perform work of a job class (represented by the Association) which is assigned to a higher salary schedule than their regular job class. An employee who is temporarily appointed by the Chief of Police to serve in an acting capacity for two (2) weeks or more and who is responsible for the full range of duties and responsibilities assigned to the higher level classification, shall receive a five percent (5%) increase in base salary or the minimum salary of the higher level classification (whichever is higher) for all time worked in the higher job classification. 12 City Council 23 — 14 11/15/2022 A. Bargaining unit employees temporarily assigned to serve in an acting capacity of an Executive Management (Executive Director) classification for thirty (30) calendar days or more and who is responsible for the full range of duties and responsibilities assigned to the Executive Management position shall receive a ten percent (10%) increase or the minimum salary of the Executive Management classification (whichever is higher) for all time worked in the higher job classification. B. An employee must be qualified (i.e. meet the minimum qualifications) for the higher position in order to be paid for acting pay. The determination of those persons qualified for work in higher rated classifications shall be established and determined by the Executive Director of Human Resources or designee. 1. The Executive Director of Human Resources or designee's determination is final and binding and shall not be appealable. C. Non -permanent employees (probationary, seasonal, temporary, limited -term, etc.) shall not be eligible for acting pay. D. In computing qualifying service rendered, only full -days shall be computed for acting pay, and partial days shall not be combined to make full days. E. Each assignment may be terminated at any time, but in no event shall such assignment continue beyond one hundred eighty (180) calendar days or nine hundred sixty (960) hours each fiscal year, whichever comes first. 13 City Council 23 — 15 11/15/2022 ARTICLE VI 6.0 EDUCATIONAL INCENTIVE PROGRAM 6.1 All eligible employees currently receiving Educational Incentives listed in Section 6.1(A) through Section 6.1(I) (as described below) as of July 1, 2019 will be "grandfathered in" to continue to receive those incentives. In no event shall the application of this Educational Incentive program described in Section 6.1 result in an employee being eligible to earn more than ten percent (10%) above their then current base monthly salary step. A. FBI National Academy. Any employee who successfully completes the FBI National Academy shall be paid at a rate set approximately five percent (5%) above their then current base monthly salary step. B. California Command College. An employee who successfully completes the California Command College shall be paid at a rate set approximately five percent (5%) above their then current base monthly salary step. C. LAPD Leadership Prog am. An employee who successfully completes the LAPD Leadership Program shall be paid at a rate set approximately two and one half percent (2.5%) above their then current base monthly salary step. D. Police Executive Research Forum (PERF) Senior Management Institute for Police. An employee who successfully completes the Senior Management Institute for Police shall be paid at a rate set approximately two and one half percent (2.5%) above their then current base monthly salary step. E. FBI National Academyy(LEEDS Program). An employee who successfully completes the FBI LEEDS Program shall be paid at a rate set approximately two and one half percent (2.5%) above their then current base monthly salary step. F. International Association of Chiefs of Police. An employee who successfully completes the Leadership in Police Organizations Program shall be paid at a rate set approximately two and one half percent (2.5%) above their then current base monthly salary step. G. Homeland Security Executive Leaders Program. An employee who successfully completes the Homeland Security Executive Leaders Program shall be paid at a rate set approximately two and one half percent (2.5%) above their then current base monthly salary step. H. Advanced Leadership Program. The advanced leadership courses listed below represent curriculum that exceed minimum training mandates for law enforcement managers. The subject matter addresses a variety of critical topics 14 City Council 23 — 16 11/15/2022 associated with advanced organizational development and the role of leaders within the organization. All courses are applicable to sworn and civilian managers. An employee who successfully completes a cumulative total of one hundred twelve (112) hours of the below listed advanced leadership courses shall be paid at a rate set approximately two and one half percent (2.5%) above their then current base monthly salary step. Leadership Courses Hours Command Institute for Law Enforcement Executives F.B.I. — LEEDA 40 Contemporary Leadership Issues (F.B.I. — LEEDA) 32 Executive Development Course P.O.S.T. 80 Management Civilian Seminar (Part I) (P.O.S.T.) 24 Management Civilian Seminar Part II P.O.S.T. 24 Organizational Leadership (P.O.S.T.) 40 Police Management Seminar Advanced P.O.S.T. 24 Supervisor Leadership Institute (F.B.I. — LEEDA) 40 POST Management Update 24 POST Supervisory Update 24 FBI-LEEDA Executive Survival 32 Role of the Police Chief 40 POST Supervisory/Leadership Update 24 Effective Executive Communication 24 Police Management Seminar Advanced 24 Civilian Management Seminar 40 Advanced Civilian Management 24 I. Additional Courses. Any other course, twenty-four (24) hours or longer, which focuses on developing leadership skills or increasing knowledge of contemporary law enforcement issues of a management/executive nature, or which enhances knowledge of community policing strategies or trends, shall be reviewed and approved by the Chief of Police after they ensure that the above criteria are met. 6.2 Educational Incentive Program: Effective July 1, 2019 for all members covered by this MOU, including Current PMA members, employees hired or promoted into the PMA unit on or after July 1, 2019, shall not be eligible for the Educational Incentives Program described in Section 6.1(A) through Section 6.1(I) (above) but shall insteadbe eligible for the Education Incentives listed in Sections 6.2(A) and 6.2(B). Employees who were previously receiving incentives in Section 6.1(A) through Section 6.1(I) that qualify for the provisions in this section on or after July 1, 2019, shall not be eligible for both, only the greater benefit of the two. 15 City Council 23 — 17 11/15/2022 A. SWORN ONLY Sworn employees may only qualify for one (1) Education Incentive Level at one time and not intended to be compounded with one another. Level 1 - A sworn employee who successfully obtains their Supervisory POST certificate, shall be paid at a rate set approximately five percent (5%) above their then current base monthly salary step (cap=5%). 2. Level 2 - A sworn employee who successfully obtains their Supervisory POST AND California Command College OR FBI National Academy shall be paid at approximately ten percent (10%) above their then current base monthly salary step (cap=10%). 3. Level 3 - A sworn employee who attains their MA/MS Degree AND Supervisory POST shall be paid at approximately ten percent (10%) above their then current base monthly salary step (cap=10%). 4. Level 4 - A sworn employee who attains their MA/MS Degree AND Supervisory POST AND California Command College OR FBI National Academy shall be paid at approximately fifteen percent (15%) above their then current base monthly salary step (cap=15%). B. NON -SWORN A non -sworn employee who successfully attains a Masters of Art or Master of Science degree shall be paid at a rate set approximately five percent (5%) above their then current base monthly salary step (cap=5%). 16 City Council 23 — 18 11/15/2022 ARTICLE VII 7.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 7.1 Purpose. A. To encourage the employees of the City of Santa Ana to take college courses and special training courses, which will better enable them to perform their present duties and prepare them for increased responsibilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 7.2 Eligibility. A. Application for tuition reimbursement will be considered only from full-time, regular employees who have completed probation. B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as the G.I. Bill, scholarships, etc. C. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required in the course plan to qualify for a degree that is directly related to his job, may be reimbursable only after all required, occupationally -related courses have been completed. E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. F. Approval will be limited to courses given by accredited colleges and universities, community colleges, or adult education courses under the sponsorship of a Board of Education and certain non -collegiate training seminars approved by the Police Chief. Other workshops, seminars, conferences, and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution do not fall within the purview of this program but may be authorized and funded by the Police Department with prior approval of the Police Chief. 17 City Council 23 — 19 11/15/2022 7.3 Reimbursement. A. Reimbursement will be based on the cost of tuition or registration fees and all required texts and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. If, however, an employee is required by the Police Chief to attend a particular course or seminar, the expense shall be borne entirely by the Department. B. Costs for required textbooks are eligible for one hundred percent (100%) reimbursement subject to the following conditions: 1. That a duplicate of the required textbook(s) was unavailable for loan from the Department library prior to the commencement of coursework; and 2. That any textbook(s) purchased by the City shall be submitted to the employee's Departmental library in order that such textbook(s) may be made available to all employees. C. Tuition and registration costs are eligible for one hundred percent (100%) reimbursement up to a maximum total of two thousand dollars ($2,000) per fiscal year -(including non-P.O.S.T. reimbursable courses and approved non -collegiate seminar training courses). Reimbursement for non -collegiate seminar training courses require the prior approval of the Police Chief and shall be limited to two (2) such courses per year and a maximum of five hundred dollars ($500) per course. 7.4 Procedures. A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete an Application for Training and Educational Assistance form and submit it to the Police Chief. B. The Police Chief will recommend approval or disapproval and forward the application to the Human Resources Department. C. The Executive Director of Human Resources will approve or disapprove the application for the City. One (1) copy will be returned to the employee and a duplicate will be retained by the Human Resources Department. It is advisable that the applicant accomplish the procedure so far described prior to the inception of the course or disbursement of personal funds in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy. 18 City Council 23 - 20 11/15/2022 D. The employee will submit their copy of the approved application to the Human Resources Department within three (3) months after they have completed the course and received their final grade with appropriate receipts for tuition and textbook costs. These will be returned to the employee upon request. Applications not submitted to the Human Resources Department within three (3) months following completion of the course become void. E. Upon receipt of the application and required documentation, the Executive Director of Human Resources will compute the amount of reimbursement, authenticate the application, and forward it to the Police Chief. F. The Police Chief will then authorize the Finance and Management Services Department to reimburse the employee the approved amount out of the budget of the Police Department. 19 City Council 23 — 21 11/15/2022 ARTICLE VIII 8.0 OVERTIME 8.1 Compensation for Overtime. Employees in any of the designated classes of employment listed in this MOU are not eligible for monetary compensation for overtime work or for compensatory time off with pay for overtime work, unless so required by the Fair Labor Standards Act, or any other State or Federal laws. 20 City Council 23 — 22 11/15/2022 ARTICLE IX 9.0 HOLIDAYS 9.1 Legal holidays observed by full-time permanent and probationary employees of the City of Santa Ana are as follows: o January 1 st - New Year's Day o Third (3rd) Monday in January - In observance of Martin Luther King, Jr's Birthday o Third (3rd) Monday in February - In observance of Presidents' Day o March 31` - In observance of Cesar Chavez Day (Effective March 31, 2023) o Last Monday in May - In commemoration of Memorial Day o July 41h - In observance of Independence Day o First (1st) Monday of September - In observance of Labor Day o November 1 lth - In observance of Veteran's Day o Fourth (41h) Thursday in November - In observance of Thanksgiving Day o The Friday immediately following Thanksgiving Day o Last working day before Christmas Day, unless Christmas Day falls on Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof. o December 251h - In observance of Christmas Day o One (1) Floating Holiday - Any workday selected by the employee with prior permission of the employee's supervisor. o Every day proclaimed by the Mayor of the City as a holiday for City employees. Any holiday which falls on a Sunday will be observed on the following Monday. Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. 9.2 Full-time permanent and probationary employees shall receive twelve (12) working days off, eight (8) hours per day, during the calendar year in lieu of the holiday benefits specified in Section 9.1, supra. Therefore, employees with alternative work schedules 21 City Council 23 — 23 11/15/2022 shall be credited with ninety-six (96) hours of holiday time at the beginning of every calendar year in lieu of twelve (12) holidays in the year. Effective January 1, 2023, full- time permanent and probationary employees shall receive thirteen (13) working days off, eight (8) hours per day, during the calendar year in lieu of the holiday benefits specified in Section 9.1. Employees with alternative work schedules shall be credited with one hundred four (104) hours of holiday time at the beginning of every calendar year in lieu of thirteen (13) holidays in the year. For purposes of computing holiday accruals, an eight (8) hour day shall be the basis for computation. 9.3 A employee must actually work at least one (1) day preceding the day a holiday listed in Section 9.1, supra, actually occurs in order to receive credit for such holiday during the month in which it occurs. An employee separating from the service of the City must actually work at least one (1) day following the day a holiday listed in Section 9.1, supra, actually occurs in order to receive compensation for the holiday. A newly appointed employee must complete six (6) months of continuous full-time service in order to receive credit for the floating holiday listed in Section 9.1. 9.4 Holiday Bank Election. A. If an employee wants to use their holiday bank hours as described in Section 9.2 during the year in which the holiday leave time is accrued, but not necessarily used in the pay period in which the holiday occurs, they must make an irrevocable election by December 15th of the prior calendar year (i.e. by December 15, 2020 for the calendar year 2021 holidays). Employees completing an irrevocable election form will not be automatically cashed out as the holidays occur (if not taken off), and will retain those hours for use any time during the current calendar year earned. Forms will be turned into the Police Department Human Resources Department then forwarded to City Payroll. If an employee leaves employment during the year and has not used their earned holiday time, the eligible hours will be paid on their final check and will not be eligible to be reported to Ca1PERS as Special Compensation. B. Said substitute holidays may be taken at any time during the calendar year with prior permission of the employee's supervisor and subject to the operational needs of the Department. However, if an employee who separates from the service of the City has taken time off for holidays in advance of the date or day the holidays actually occur, they must pay the City the cash value for such used but unearned holiday time off benefits prior to or at the time of separation. C. Holiday time off may be taken in thirty (30) minute increments. 22 City Council 23 — 24 11/15/2022 9.5 Holiday benefits may not be carried over from one (1) calendar year to the next. 9.6 Holiday Leave. A. Members of the Association will receive holiday hours each year as set forth in Section 9.2 to be used as time off in the pay period in which the legal holiday occurs. Holiday hours (excluding the floating holiday) not used in the pay period in which the legal holiday falls will be automatically given holiday pay -in -lieu. B. Pay -in -lieu of time off will be based on the eleven (11) legal holidays (twelve (12) beginning calendar year 2023) observed by the City of Santa Ana. Pay -in -lieu will be computed at eight (8) hours each legal holiday at the regular rate of pay on a straight time basis. This additional compensation will be paid as earned and reported to CalPERS as Special Compensation pursuant to Title 2, Division 1, Chapter 2 of the California Code of Regulations, specifically Section 571(a)(5) — Statutory Items, Holiday Pay. 23 City Council 23 — 25 11/15/2022 ARTICLE X 10.0 VACATION 10.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule and this purpose will be used as a guide in the administration of the provisions of this Article. 10.2 Vacation. A. Members shall accrue the combined vacation with pay on a monthly basis as set forth in the following table. Complete d Years Annual Vacation Accrued Monthly Accrual Rate 1 120 10.00 2 120 10.00 3 120 10.00 4 120 10.00 5 120 10.00 6 124 10.33 7 128 10.67 8 132 11.00 9 136 11.33 10 140 11.67 11 144 12.00 12 148 12.33 13 152 12.67 14 156 13.00 15 160 13.33 16 168 14.00 17 176 14.67 18 184 15.33 19 192 16.00 20 or more 200 16.67 B. Vacation time off may be taken in increments as small as one (1) hour, with fractional usage rounded upward to the next higher multiple of one (1). 24 City Council 23 — 26 11/15/2022 C. Computing Regular Vacation. 1. In computing vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had they not been on vacation, shall be deducted from the computation so that one (1) additional day of vacation shall be allowed to the employee. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and approval of the Police Chief, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. 2. No employee may carry over from one (1) calendar year to the next, more than the maximum vacation carryover as set forth in the following table. Any vacation not used beyond the maximum carryover amount from the current calendar year will be cashed out at the employee's base rate of pay by the City at the end of the current calendar year provided that the employee takes a minimum of eighty (80) hours of accrued vacation leave time off in that calendar year. 3. An employee who does not take a minimum of eighty (80) hours of vacation leave hours during the calendar year beyond the maximum carryover amount as described in Section 10.2(C)(2), will forfeit the hours beyond the maximum carry over amount from year to year, meaning that no pay shall be received for such unused vacation at any time. This provision constitutes a waiver of any rights to vested vacation benefits under California Labor Code section 227.3. Completed Years Max Carryover 1 120 2 240 3 240 4 240 5 240 6 244 7 252 8 260 9 268 10 276 11 284 12 292 13 300 14 308 25 City Council 23 — 27 11/15/2022 15 316 16 328 17 344 18 360 19 376 20 392 21 400 22 400 23 400 24 400 25 400 4. Employees may or may not be allowed or required to accumulate or split vacations. The time at which an employee shall take their vacation shall be determined by seniority within rank, with due regard for the needs of the service. For purposes of computing vacation accruals, an eight (8) hour day shall be the basis for computation. D. Vacation Leave Cash Option. Employees may receive cash compensation, computed on a straight time basis, for up to a maximum of one hundred fifty (150) hours of earned, unused vacation leave benefits, subject to the limitation in Section 10.2(E). E. Employees may cash out a combination of vacation and management vacation leaves, up to a maximum of two hundred sixty (260) hours in a calendar year. 10.3 Management Vacation Benefit. All employees will be granted one hundred (100) hours of management vacation per calendar year over the vacation schedules. Employees may accrue a maximum of four hundred eighty (480) hours of such Management Vacation. Employees may receive cash compensation, computed on a straight time basis, up to a maximum of one hundred fifty (150) hours of earned, unused management vacation leave benefits, subject to the limitation in Section 10.2(E). Such cash option may be eliminated or modified to the extent it is construed as overtime under Department of Labor Guidelines implementing provisions of the Fair Labor Standards Act. 10.4 Effect of Extended Sick Leave on Vacation Accrual. An employee that is absent on paid sick leave or unpaid leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not accrue vacation credits during that month. 26 City Council 23 — 28 11/15/2022 ARTICLE XI 11.0 OTHER LEAVES OF ABSENCE 11.1 Sick Leave. A. Definition. Except as otherwise provided in this Article, sick leave shall be deemed to mean absence from duty of an employee because of illness or injury that prevents the employee from performing the duties of their position, and shall be deemed to include time in quarantine resulting from exposure to a contagious disease. B. Accrual. Each employee shall earn eight (8) hours of sick leave for each full calendar month of service in which they are employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Subject to the other provisions in this Article, sick leave shall accrue to the credit of each employee to the extent that it is not used. Notwithstanding the foregoing, an employee on leave of absence for service -connected illness or injury who is covered by the provisions of Labor Code Section 4850, shall continue to accumulate eight (8) hours of sick leave for each full calendar month of service for which he or she is employed by the City with full pay during said absence for service -connected illness or injury. For purposes of computing sick leave accruals, an eight (8) hour day shall be the basis for computation. C. Authorized Only When NecessM. Sick leave is not a right which an employee may use at their discretion, but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Section 11.1(J). When an accepted industrial illness or injury has caused a non -sworn employee's absence, for which benefits are required under the State Workers' Compensation Insurance and Safety Act, paid sick leave will be allowed such employee during the first three (3) days of the statutory waiting period. If the workers' compensation related illness or injury continues past the initial three (3) consecutive days, the employee will have the three (3) used sick days recredited to their account. Paid sick leave will continue until the fourth (4th) day when the City pays the employee workers' compensation benefits for such illness or injury. If the employee does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury, they will be advanced sick leave for this purpose. Subsequently, the City will deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City will deduct the unrecovered cost of sick leave from such 27 City Council 23 — 29 11/15/2022 terminated employee's final paycheck, to the extent possible. The City may authorize employees to use sick leave, vacation, or compensatory time for approved workers' compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. D. Limit. The maximum total accumulation of sick leave with pay shall be two thousand (2,000) hours. Sick leave usage of less than a full day shall be charged in minimum increments of one (1) hour, with fractional usage rounded upward to the next higher multiple of one (1). For employees who are newly hired from outside the City into classifications represented by the Association following City Council approval of this MOU: 1. The maximum accumulation of sick leave with pay shall be three hundred fifty-two (352) hours; and 2. Any annual accrual over the three hundred fifty-two (352) sick leave hours (up to ninety-six (96) hours) will be converted into an employee's Retirement Health Savings ("RHS") Plan account during the first full pay period in January of each year. E. Extended. The City Manager may grant leave up to six (6) months without pay to an employee who has exhausted all of their accrued sick leave if a licensed physician indicates that the employee will be sufficiently recovered to return to his employment within a six (6) month period. Prior to the expiration of the additional time, the employee may return to his position provided that the employee has a certificate from a licensed physician stating that the employee is able to perform all the duties of their position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay. F. Extension by Use of Vacation. After an employee's sick leave has been exhausted, they may be granted permission to take any earned vacation they may have accrued. G. Notice. The employee taking sick leave shall notify their immediate supervisor as established by the Police Department regulations. When the absence is more than three (3) consecutive working days, the employee must present to the Police Chief a physician's certificate stating that, in the physician's opinion, the employee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the Human Resources Department with the report of the 28 City Council 23 — 30 11/15/2022 employee's return to work. A physician's certificate or other satisfactory written evidence of actual illness or injury may be required after an absence of any duration less than three (3) days. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self-inflicted or caused by willful misconduct; or, sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. I. Excess Usage. If sick leave is used in excess of that due and available to an employee, such excess sick leave will, first, be deducted from any available vacation leave benefit; finally, deducted from the next scheduled salary payment. J. Personal Necessi . Leave. Each employee shall be afforded the opportunity to use up to forty-eight (48) hours of sick leave per calendar year, on a non- cumulative basis, as personal necessity leave. All of this personal necessity leave may be used to attend to an illness of a child, parent, spouse, or registered domestic partner of the employee. As used in this section, a child means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; and a parent means a biological, foster, adoptive parent, a stepparent, or a legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. This section also applies to the employee's grandparent, grandchild, or sibling. California's Healthy Workplaces/Healthy Families Act of 2014 (AB 1522) also known as California's Paid Sick Leave Law, required the City to provide paid sick leave to eligible employees upon oral or written request, within the parameters of the law, for the following purposes: • Diagnosis, care, or treatment of an existing health condition of, or preventative care for an employee or an employee's qualified family member; • Specified purposes for an employee who is a victim or domestic violence, sexual assault, or stalking. Up to three (3) days of this personal necessity leave may be used: (a) to attend to a serious accident to members of the employee's immediate family; (b) childbirth; (c) to cope with imminent danger to the employee's home or other valuable property; or (d) when the existence of external circumstances beyond the employee's control make it impractical for him or her to report for duty. For the purposes of this section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his or her specific 29 City Council 23 — 31 11/15/2022 workday schedule. K. Payment for Unused Sick Leave. 1. Payment criteria and limitations. Upon non -disciplinary termination of employment after ten (10) years of cumulative full-time service with the City, each qualified employee shall be entitled to the following cash out provisions below: a. After ten (10) years, but less than fifteen (15) years of service, the employee shall be entitled to fifty percent (50%) of the amount of unused sick leave benefits credited to their RHS account upon the effective date of separation, not to exceed a maximum limit of six hundred forty (640) hours. b. After fifteen (15) years, but less than twenty (20) years of service, the employee shall be entitled to fifty percent (50%) of unused sick leave benefits credited to their RHS account upon the effective date of separation, not to exceed a maximum limit of eight hundred (800) hours. c. After twenty (20) years, but less than twenty-five (25) years of service, the employee shall be entitled to sixty-six and sixty-seven hundredths percent (66.67%) of unused sick leave benefits credited to their RHS account upon the effective date of separation, not to exceed a maximum limit of one thousand sixty-seven (1,067) hours. d. After twenty-five (25) years of service or more, the employee shall be entitled to one hundred percent (100%) of the amount of unused sick leave benefits credited to their RHS account upon the effective date of separation, not to exceed a maximum limit of two thousand (2,000) hours. 2. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of two-thirds (2/3) of the total sick leave benefit credited to the employee's account at the time of their death, and at the rate of pay effective on the date of the death. 3. Association members who notify the City, in writing, of their intent to retire from the City within twelve (12) calendar months shall be allowed to cash out any and all eligible leave bank balances, including sick leave, upon request. Employees shall receive payment as soon as practical, and no longer than thirty (30) days after the request has been made. If an 30 City Council 23 — 32 11/15/2022 employee cashes out their eligible leave bank balances prior to retirement and subsequently remains employed one (1) year after their initial notice of intent to retire, said employee shall be ineligible to accrue one hundred (100) hours of management vacation the next calendar year. 11.2 Bereavement Leave. An employee shall be granted up to three (3) days leave without loss of pay in case of death of a member of the employee's immediate family. For purposes of this Section only, a "day" shall be defined as the number of hours of work that an employee is required to work according to his/her specific workday schedule. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: A. Any relative by blood or marriage who is a member of the employee's household; B. A parent, parent -in-law, spouse, child, brother, sister, grandparent, or grandchild of the employee, regardless of residence; C. Any other relative of the employee by blood or marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required. 11.3 Military Leave. A. Proof of Orders and Reinstatements. An employee shall be granted military leave if they furnish the Executive Director of Human Resources satisfactory proof of their order to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, they will be reinstated as provided in Section 9- 143 of the Civil Service Rules and Regulations of the City of Santa Ana. B. Temporga. Members of the reserve forces of the United States or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code, will be granted leave with pay not to exceed thirty (30) working days in each calendar year after one (1) years' service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 11.4 Jury and Witness Leave. When an on -duty employee is called to serve as a juror or witness in any court action, they shall be allowed to leave for the time actually required for such service without loss of pay. Each on -duty employee called for such service shall present to the Police Chief for examination the subpoena calling them to such service and shall pay into the City Treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. 11.5 Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana 31 City Council 23 — 33 11/15/2022 will be granted leave with pay for the time actually required without loss of any accrued vacation time off benefits. 11.6 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. 11.7 Authorized Absence Without Pay - Short Term. Absence without pay, not to exceed five (5) consecutive working days, may be authorized by the Police Chief. Absence without pay, not to exceed fifteen (15) calendar days, may be authorized by the Department with the approval of the City Manager. Such an absence may be authorized only if, in the judgment of the Police Chief, it serves the best interest of the City. 11.8 Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status plus action by the Police Chief recommending approval of the request, the City Manager may grant a leave of absence without pay for up to six (6) months. An employee returning to duty with the City shall inform the Police Chief and the Executive Director of Human Resources of their intention at least thirty (30) calendar days prior to the expiration of the six (6) months period or a shorter period of the full six (6) months if not taken. Upon receipt of such notice, the Police Chief will take steps necessary to restore the employee to their former position. 11.9 Industrial Leave. A. Each "safety member" employee covered by the provisions of Labor Code Section 4850 who is compelled to be absent from duty because of an illness or injury covered by the State of California Workers' Compensation Insurance and Safety Act shall, in lieu of temporary disability compensation payable under the aforementioned Act, continue to be paid his or her normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850. B. Any period of time during which an employee is required to be absent from their position by reason of an industrial injury or industrial illness for which they are entitled to receive compensation shall not be considered a break in continuous service for the purpose of their right to salary adjustments or to the accrual of vacation, seniority, and any other benefits. 11.10 Administrative Leave Policy. The City Manager is authorized to grant, at their discretion, paid or unpaid administrative leave for employees. 11.11 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager because of catastrophic non -industrial medical condition or injury, the City and Association agree to implement a Catastrophic Leave 32 City Council 23 — 34 11/15/2022 Donation procedure. Nothing herein shall be construed to alter City policies and procedures as provided in the Charter or ordinances of the City of Santa Ana or other provisions of this MOU with regard to granting unpaid leaves of absence. The Catastrophic Leave benefit will be provided for non -industrial injury or sickness only. The leave shall cover the uncompensated time prior to the employee becoming eligible for Long Term Disability (L.T.D.) benefits. A. Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. Employees may donate vacation or compensatory time or one (1) in lieu holiday to the eligible employee. In no event shall sick leave be donated. Employees shall be provided a two (2) week period to submit donations. Donations received after this two (2) week period shall not be processed. The two (2) week period for each case shall be designated by the Police Chief or their designee as provided herein below. Donations shall be for a minimum of two (2) hours and a maximum of eight (8) hours per donor. All donations must be made in two (2) hour increments, except in lieu holidays must be for eight (8) hours. Any authorization of donations not made in accordance with the procedures outlined in Section 11.11(C) will not be processed. All donations shall be irrevocable. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave. B. Eli ibili . Regular, full-time employees shall be eligible for Catastrophic Leave donations if the following criteria are met: When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time, vacation, and in lieu holidays, will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The Police Chief or their designee has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the 33 City Council 23 — 35 11/15/2022 employee's need for an extended medical leave and an estimate of the time the employee will be unable to work. C. Procedure. Upon receipt of a valid request for donations from an eligible employee, the Police Chief or their designee shall post a notice of the eligible employee's need for donations on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. Employees wishing to donate time to an eligible employee must sign their authorization of the transfer of such donated time and provide: 1. Their name, department name, and employee number. 2. The number of hours of compensatory or vacation time of the donation within the limitations of Section 11.11(A)(3). 3. The name, department, and employee number of the recipient. 4. A statement indicating that the donor understands such donation of time is irrevocable. 34 City Council 23 — 36 11/15/2022 ARTICLE XII 12.0 EMPLOYEE INSURANCE 12.1 Health Insurance. The City shall contribute an allowance towards the employee's Cafeteria Benefit plan for health insurance premiums for affected employees and their dependents under The Public Employees' Medical & Hospital Care Act (PEMHCA) which governs the California Public Employees' Retirement System (Ca1PERS) Health Insurance Programs pursuant to the provisions below. A. The City will provide a monthly contribution to health insurance premiums at the following rates: • Employee Only $654.00 • Employee +1 $1,307.00 • Employee + Family $1,700.00 B. Effective the first full pay period following City Council adoption of this MOU, the City will provide a monthly contribution to health insurance premiums at the following rates: • Employee Only $804.00 • Employee +1 $1,457.00 • Employee + Family $1,850.00 C. Effective January 1, 2024, the City will provide a monthly contribution to health insurance premiums at the following rates: • Employee Only $854.00 • Employee +1 $1,507.00 • Employee + Family $1,900.00 D. Effective January 1, 2025, the City will provide a monthly contribution to health insurance premiums at the following rates: • Employee Only $904.00 • Employee +1 $1,557.00 • Employee + Family $1,950.00 E. Any contribution necessary to maintain benefits under any health insurance program provided by the City for its employees and their eligible dependents in excess of the amount of the City contribution to the Cafeteria Benefit Plan specified above shall be borne entirely by the employee. 35 City Council 23 — 37 11/15/2022 F. For each such employee who is covered under a spouse's non -City sponsored health plan, the City will pay the employee a cash -in -lieu payment (subject to taxation as wages) each month in an amount equal to one hundred percent (100%) of the monthly premium amount for the City's lowest "employee -only" coverage, if said employee waives, in writing, City -paid coverage. If an employee waives City provided coverage, said employee shall provide proof of medical insurance coverage in a non -City -sponsored health plan. Said waiver shall include a provision warning such employee that reentry into any of the City -sponsored plans is allowed only at open enrollment, unless there is a qualifying event, and may require proof of insurability for such employee and/or family. 12.2 Dental Insurance. The City agrees to contribute towards the cafeteria Benefit plan the payment of premiums for dental insurance plans provided by the City for employees and their eligible dependents on the following basis: A. One hundred percent (100%) of the premium cost for "employee -only" coverage. B. Up to one hundred ten dollars ($110) per month per employee for "family" coverage. C. Effective January 1, 2023, the City will contribute up to one hundred thirty dollars ($130) per month per employee for "family" coverage. Any contribution necessary to maintain benefits under said dental plans in excess of the amount of the City contribution to the cafeteria plan specified above shall be borne entirely by the employee. For each such employee who is covered under a spouse's non -City sponsored dental plan, the City will pay the employee a cash -in -lieu payment (subject to taxation as wages) each month in an amount equal to one -hundred percent (100%) of the City's contribution, if the employee waives, in writing, City -paid coverage. Such waiver shall include a provision warning such employee that reentry into any City -sponsored plan is allowed only at open enrollment, unless there is a qualifying event, and may require proof of insurability for such employee and/or family. 12.3 Disability Insurance. The City shall continue to pay one hundred percent (100%) of the premium cost for a long term disability insurance plan (with a sixty (60) day elimination period) for employees.. Employees shall receive a monthly benefit of sixty-six and two- thirds percent (66 2/3%) of their base monthly salary (to a maximum monthly benefit of $7,500). Effective January 1, 2023, employees shall receive a monthly benefit of sixty-six and two-thirds percent (66 2/3%) of their base monthly salary (to a maximum monthly benefit of ten thousand dollars ($10,000)). 12.4 Life Insurance. The City shall continue to pay one hundred percent (100%) of the 36 City Council 23 — 38 11/15/2022 premium cost for term life insurance coverage under the policy it maintains on behalf of its officers and employees in order to provide employees with life insurance coverage in an amount equal to twice such employee's annual rate of salary to a maximum of three hundred thousand dollars ($300,000), provided said affected employees can provide evidence of insurability of coverage above one hundred fifty thousand dollars ($150,000) if so required by the terms and conditions of said term life insurance policy. In the event any such employee is determined to be ineligible for said insurance coverage, the City will attempt to provide as much coverage as may be obtained at reasonable cost without having to provide evidence of insurability. 12.5 The City shall retain the right to change health, dental, and life insurance carriers, administer the insurance benefits provided thereunder, and select and/or change any excess or supplemental insurance carriers as a part of any self-insurance plan during the term of this MOU, provided that employees continue to receive equivalent benefits and provided that the parties have met and conferred before the changes have been made. 12.6 Cafeteria Benefit Plan. The City provides a Cafeteria Benefit Plan adopted in accordance with the provisions of Internal Revenue Code § 125 for employees. Affected employees will be eligible to receive cash (subject to taxation as wages) through the cafeteria Benefit plan if they either opt -out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they have received through the plan. If two (2) City employees are married, at least one (1) of the two (2) employees must maintain insurance coverage. The amount of money that can be redesignated by the employee waiving coverage is limited to the value of the "employee -only" level within each type of insurance. In the event the City experiences an adverse impact in rates due to utilization of the redesignation option, the City and Association agree to meet and confer over the impact. 12.7 Medical Retirement Subsides. The City provides a Retirement Health Savings Plan ("RHS"). A. The City shall contribute four percent (4%) of base salary, plus pay additives each pay period into the individual accounts of Association members established with the City's plan administrator. 1. Employees shall continue to contribute one half of one percent (.50%) of base salary, plus pay additives, each pay period into their individual RHS accounts established with the plan administrator. 37 City Council 23 — 39 11/15/2022 2. In addition to the contributions referenced above, an Association member may contribute unused sick leave, vacation, and other benefits to the trust as defined by the plan guidelines. 3. The program is not intended to create any form of lifetime insurance subsidy, benefit or entitlement. B. For employees newly hired from outside the City following City Council adoption of this MOU, the City shall contribute one percent (1 %) of base salary plus pay additives each pay period into the individual accounts of employees established with the City's plan administrator. Additionally, said employees shall contribute one and one -quarter percent (1.25%) of base salary, plus pay additives, each pay period into their individual RHS accounts established with the plan administrator. 12.8 Vision Insurance. The City shall maintain in effect its existing vision care plan for employees. This plan is voluntary on behalf of the employee and shall be fully funded by the participating employee. 38 City Council 23 — 40 11/15/2022 ARTICLE XIII 13.0 DEFERRED COMPENSATION 13.1 Effective January 1, 1977, employees MOU were granted a one percent (1%) salary increase to be utilized toward deferred compensation. Effective July 1, 1991, to comply with CalPERS salary reporting requirements, salary rate ranges for employees were adjusted upward by one percent (1 %) to reflect the deferred compensation as salary. For salary reporting purposes, the deferred compensation was shown as part of salary, rather than as an add -on benefit. The amounts contributed by the City under this Article shall be subject to provisions as outlined in the Internal Revenue Code (IRC) section 457. Furthermore, all new contributions and existing assets are to be held for the exclusive benefit of the participants and beneficiaries. 39 City Council 23 — 41 11/15/2022 ARTICLE XIV 14.0 RETIREMENT 14.1 General. The terms of the existing contract between the City and California Public Employees' Retirement System (Ca1PERS) governing the City retirement benefits of employees are incorporated by reference herein. The City shall continue to make contributions to CalPERS in accordance with its contract with Ca1PERS for employees covered by said contract as amended. 14.2 Deferred Retirement. The City will continue to make payment to Ca1PERS on behalf of each affected employee, in an amount necessary to pay one hundred percent (100%) of their individual employee retirement contribution. Such payments shall be credited to the individual employee's Ca1PERS account. Such payments are not increases in base salary and no salary rate ranges applicable to any employees shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and, thus will not withhold Federal or State income tax from said payments. For the purpose of reporting an employee's compensation to Ca1PERS, the City shall include these payments as if they were part of the employee's base salary. In the event that the City receives a ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each said employee shall forthwith be increased by nine percent (9%) for "safety member" employees covered under the 3% at age 50 Ca1PERS formula and eight percent (8%) for all "miscellaneous member" employees covered under the 2.7% at age 55 Ca1PERS formula. 14.3 1959 Survivor's Benefit. The City shall provide Ca1PERS fourth level of 1959 Survivor's Benefits to all eligible employees. 14.4 Pre -Retirement Optional Settlement 2 Death Benefit. The City shall provide the Pre - Retirement Optional Settlement 2 Death Benefit to all employees. 14.5 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City agrees to continue to provide Classic Miscellaneous employees who are defined as Classic Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 with the 2.7% at 55 Service Retirement benefit. Payment of 2.7% at 55 Service Retirement Benefit. Classic Miscellaneous employees covered by this MOU shall pay eight percent (8%) of Ca1PERS reportable compensation M City Council 23 — 42 11/15/2022 toward the employer cost of the 2.7% at 55 enhanced retirement formula. This payment shall be implemented as cost -sharing pursuant to Government Code section 20516(f). Pre -Taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, this eight percent (8%) employee contribution shall be implemented through payroll deductions on a pre-tax basis. 2% at 62 Retirement Benefit for New Miscellaneous Members. The City agrees to provide Miscellaneous employees who are defined as New Members under PEPRA, with the 2% at 62 Service Retirement benefit. The California Public Employees' Pension Reform Act (PEPRA) went into effect on January 1, 2013. The parties agree that if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law, automatically goes into effect, either party may request to negotiate over the legislation, including over the impact. Final compensation for New Miscellaneous Members will be based on the highest annual average compensation earnable during a period of at least thirty-six (36) consecutive months preceding the effective date of his or her retirement per Government Code Section 7522.32. Effective July 1, 2013, employees covered under the 2% at 62 retirement formula for Miscellaneous shall pay one half of the normal cost rate, as established by Ca1PERS. 14.6 3% at 50 Service Retirement Benefit for Classic Safety Members. The City agrees to continue to provide Classic Safety employees who are defined as Classic Members under the California Public Employees' Pension Reform Act (PEPRA) with the 3% at 50 Service Retirement benefit. Payment of 3% at 50 Service Retirement Benefit. Classic Safety employees covered by this MOU shall pay twelve percent (12%) of Ca1PERS reportable compensation toward the employer cost of the 3% at 50 enhanced retirement formula. This payment shall be implemented as cost -sharing pursuant to Government Code Section 20516(f). Pre -Taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations this twelve -percent (12%) employee contribution shall be implemented through payroll deduction on a pre-tax basis. 2.7% A, 57 Retirement Benefit for New Safety Members. The City agrees to provide Safety employees covered by this MOU who are defined as New Members under PEPRA with the 2.7% @ 57 Service Retirement benefit. The California Public Employee's Pension Reform Act (PEPRA) went into effect on January 1, 2013. The parties agree that if there is any other clean up or other retirement 41 City Council 23 — 43 11/15/2022 legislation which goes into effect during this MOU and if there are provisions of that legislation which, by law, automatically goes into effect, either party may request to negotiate over the legislation, including over the impact. Final compensation for New Safety Members will be based on the highest annual average compensation earnable during a period of at least thirty-six (36) consecutive months preceding the effective date of his or her retirement per Government Code Section 7522.32. Effective July 1, 2013, employees covered under the 2.7% @ 57 retirement formula for Safety shall pay one half of the normal cost rate, as established by Ca1PERS. 14.7 Military Service Credit as Public Service. "Safety" employees and "miscellaneous" employees may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service per Government Code Section 21024. 14.8 Credit for Unused Sick Leave. All sworn and non -sworn employees can have unused accumulated sick leave at the time of retirement converted to additional service credit at the rate of four thousandths (0.004) years of service credit for each day, eight (8) hours per day, of unused sick leave (i.e., two hundred (200) days of sick leave equals eight tenths (.8) additional years of service credit), pursuant to regulations prescribed by Ca1PERS. The maximum total unused sick leave that can be converted shall be two - hundred fifty days (250) eight (8) hours working days equal to two thousand (2000) hours. Any accumulated sick leave in excess of two thousand (2000) hours shall be forfeited. The City must report only those hours of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months or one hundred twenty (120) days of separation from employment. (Government Code Section 20965) Effective the date of City Council adoption of this MOU, the maximum total unused sick leave that can be converted shall be ten (10) eight (8) hour working days equal to eighty (80) hours. Employees hired on or after a contract amendment between the City and Ca1PERS shall not be eligible to convert unused sick leave to Ca1PERS for service credit. 42 City Council 23 — 44 11/15/2022 ARTICLE XV 15.0 TECHNOLOGY STIPEND 15.1 The City shall provide a seventy-five dollar ($75) per month Electronic Device Stipend ("Stipend") for those Association employees whose positions require the regular use of a cell phone and/or tablet and who choose to use their own personal devices for business - related conversations and activities. Effective the first day of the month following City Council adoption of this MOU, the Stipend shall be one hundred dollars ($100) per month. These employees may be eligible to receive a Stipend to compensate for business - related costs incurred while using their individually -owned electronic devices. Eligibility for the stipend requires the employee to return to the City any City issued electronic device(s) for which the employee will be substituting their personal device. 43 City Council 23 — 45 11/15/2022 ARTICLE XVI 16.0 EXPANDED RESIDENCY 16.1 The City shall continue to permit employees to reside outside the limits of Orange County, so long as such residency is not an unreasonable distance nor requires an unreasonable response time to the particular employee's place of employment. Any affected employee who desires to take advantage of the opportunity to reside outside of Orange County shall first request permission to do so from the Police Chief. Said request shall be granted by the Police Chief if it is determined that the intended residence is not an unreasonable distance nor requires an unreasonable response time to the employee's place of employment. Should the Police Chief refuse any such request, the employee shall have the right to appeal said determination to the City Manager for reconsideration. City Council 23 — 46 11/15/2022 ARTICLE XVII 17.0 CONTROLLED PARKING AND TAKE HOME VEHICLE PRIVILEGES 17.1 Parking. The City shall provide non -sworn employees with free parking for personal vehicles during on -duty hours in controlled parking facilities in the Civic Center area. 17.2 Take Home Vehicle. All employees in the classifications of Police Captain and Police Lieutenant shall receive a City -owned and maintained vehicle for traveling between the employee's residence and the Police Department or other business -related location, as necessary in the performance of their duties. 45 City Council 23 — 47 11/15/2022 ARTICLE XVIII 18.0 DISCIPLINE 18.1 Pre -Disciplinary Procedure. If an employee is to be suspended without pay, receive a reduction in pay, transferred for purposes of discipline, demoted, or discharged, the employee shall: A. Receive written notice of the intended action at least ten (10) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the intended action is based. B. Receive copies of any known materials, reports, transcripts, statements, or other documents upon which the intended action is based. C. Be accorded the right to respond to the intended charges in writing or in person with the Chief of Police or designee within a reasonable period of time, not to exceed ten (10) calendar days unless the Chief of Police or designee authorizes a longer time. D. Be given the written decision of the Chief of Police or designee prior to the effective date of the disciplinary action. 18.2 DisciplinM Appeals Procedure. The following appeals procedures are adopted by the parties pursuant to Government Code section 3304.5 of the Public Safety Officers' Procedural Bill of Rights Act. A. Punitive Action — The term "punitive action" means any action defined by Government Code section 3303, i.e., "any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment." B. Formal Appeals Procedures — For Punitive Action not Covered by the Informal Hearing Process 1. Step 1. a. If an employee desires to appeal a disciplinary action not covered by the informal process, they (or their representative) shall submit a written notice of appeal to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the written decision from the Chief of Police. City Council 23 — 48 11/15/2022 b. The City Manager or designee shall meet with the employee within twenty-one (21) days after submission of the appeal. The City Manager or designee may affirm, reverse, or modify the disciplinary action. C. The City Manager or designee shall deliver the written response to the employee within ten (10) calendar days after meeting with the employee. 2. Step 2. a. Filing the appeal: If an employee is not satisfied with the City Manager or designee's decision, they (or their representative) shall submit a written notice of appeal to be submitted to an impartial arbitrator for a final and binding decision. Such written notice of appeal shall be submitted in writing to the Executive Director of Human Resources or designee. b. The City and Association shall create and maintain a standing list of three (3) to five (5) mutually approved arbitrators. C. The City and Association shall select an arbitrator from the standing list via the striking method. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. d. If none of the identified arbitrators are able to take the case, then the parties will request a list of seven (7) arbitrators from the State Mediation and Conciliation Services. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. e. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the arbitrations, including but not limited to the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly between the City and Association. The arbitrator's decision will be final and binding. The arbitrator shall issue their decision within thirty (30) calendar days from the conclusion of the hearing, unless the parties agree otherwise. 47 City Council 23 — 49 11/15/2022 18.3 Informal Appeals Procedure. A. Informal Appeals Procedure, as opposed to the formal procedures, shall be used for written reprimands. 1. The appeal is an opportunity for the employee (or their representative) to present information and arguments why a written reprimand should not occur or offer alternatives to the action. 2. Notice of Appeal: Within ten (10) calendar days of receipt by an employee of the written reprimand, the employee (or their representative) shall notify the Executive Director of Human Resources or designee in writing that they intend to appeal the written reprimand. The Executive Director of Human Resources or designee shall contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to schedule the appeal. 3. Hearing Officer: The Chief of Police or City Manager or designee (depending on who issued the written reprimand as determined by the Executive Director of Human Resources or designee) shall act as the hearing officer. The meeting shall take place within twenty-one (21) calendar days of the date the employee filed the appeal or such other time as may be agreeable by the parties. 4. Decision: After the meeting, a decision will be submitted in writing within thirty (30) calendar days and provided to the employee. The decision is final and binding. The decision shall advise the employee that the time within which judicial review of the decision may be sought as governed by Code of Civil Procedures section 1094.5. 18.4 Performance evaluations shall not be subject to appeal. 48 City Council 23 — 50 11/15/2022 ARTICLE XIX 19.0 GRIEVANCE REVIEW PROCEDURE 19.1 Definition of a Grievance. A grievance shall be defined as a timely complaint by the Association concerning the interpretation or application of specific provisions of this MOU. The parties can mutually agree to extend any deadlines in this Article. 19.2 Step 1. A. The Association shall first attempt to resolve the grievance at Step 1 with the Executive Director of Human Resources or designee without undue delay, but in no case, beyond a period of ten (10) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts given rise to the grievance. B. The Executive Director of Human Resources or designee will respond to the grievance within fourteen (14) calendar days of receiving the grievance. C. Every effort shall be made to find an acceptable solution to the grievance at Step 1. 19.3 Step 2. A. If the Association is not satisfied with the response from the Executive Director of Human Resources or designee, the Association must submit the grievance in writing to Step 2 (binding arbitration) to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the Step 1 response. Should the grievant fail to file a written grievance at Step 2 within ten (10) calendar days after receiving the response at Step 1, the grievance shall be barred and waived. B. The City and Association agree to select an arbitrator in the following manner: 1. The City and Association shall refer to the mutually -approved standing list of arbitrators as specified in Section 18.2(B)(2)(b). 2. The City and Association shall select an arbitrator from the standing list via the striking method. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. City Council 23 — 51 11/15/2022 3. If none of the identified arbitrators are able to take the case, then the parties will request a list of seven (7) arbitrators from the State Mediation and Conciliation Services. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. B. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the arbitration including but not limited to the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly between the City and Association. The arbitrator's decision shall be final and binding. The arbitrator shall issue their decision within thirty (30) calendar days from the conclusion of the hearing, unless the parties agree otherwise. 19.4 Alleged violations of City Rules, Regulations, and Policies. A. If an employee, group of employees, or the Association (grievant) believes there has been a violation or misapplication of a City rule, regulation, or policy, the grievant may file a grievance within ten (10) calendar days of the alleged violation or misapplication or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Step 1. 1. A grievant must submit a grievance in writing to the Executive Director of Human Resources or designee. 2. The Chief of Police shall meet with the employee within ten (10) calendar days after submission of the grievance. 3. The Chief of Police shall deliver the Step 1 written response to the employee within ten (10) calendar days after meeting with the employee. C. Step 2. 1. If the grievant is not satisfied with the Step 1 response, the grievant must submit the grievance in writing to Step 2 to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the Step 1 response. 2. The City Manager or designee shall meet with the employee within twenty-one (21) days after submission of the Step 2 grievance. The City Manager or designee may affirm, reverse, or modify the decision made at 50 City Council 23 — 52 11/15/2022 Step 1. 3. The City Manager or designee shall deliver the Step 2 written response to the employee within ten (10) calendar days after meeting with the employee. C. Step 3. 1. If the grievant is not satisfied with the Step 2 response, the grievant must submit the grievance in writing to Step 3 (binding arbitration) to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the Step 2 response. Should the grievant fail to file a written grievance at Step 3 within ten (10) calendar days after receiving the response at Step 2, the grievance shall be barred and waived. 2. The City and Association agree to select an arbitrator in the following manner: a. The City and Association shall refer to the mutually -approved standing list of arbitrators as specified in Section 18.2(B)(2)(b). b. The City and Association shall select an arbitrator via the striking method. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. C. If none of the identified arbitrators are able to take the case, then the parties will request a list of seven (7) arbitrators from the State Mediation and Conciliation Services. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. 3. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the arbitration including but not limited to the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly between the City and Association. The arbitrator's decision shall be final and binding. The arbitrator shall issue their decision within thirty (30) calendar days from the conclusion of the hearing, unless the parties agree otherwise. 51 City Council 23 — 53 11/15/2022 ARTICLE XX 20.0 DUES DEDUCTION AND INDEMNIFICATION 20.1 Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to the Association within thirty (30) days following their deduction. 20.2 Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of action, or lawsuits instituted by a member or members of the Association arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article. 52 City Council 23 — 54 11/15/2022 ARTICLE XXI 21.0 CITY RIGHTS 21.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or non-existence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. E. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and/or change the facilities, methods, technology, means, and size of the workforce by which the City operations are to be conducted. H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including but not limited to the right contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from duties for lack of work or similar nondisciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this MOU. K. To establish and modify productivity and performance programs and standards. 53 City Council 23 — 55 11/15/2022 L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote and demote employees for nondisciplinary reasons in accordance with this MOU. O. To determine policies, procedures, and standards including, but not limited to, quality and quantity standards and to require compliance therewith. P. To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this MOU. S. To take any and all necessary action to carry out the mission of the City in emergencies. 21.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. 21.3 Lam. During the term of this MOU, the City agrees to meet and confer regarding both the decision and the impact of layoffs to the ranks of Police Lieutenant or Police Captain, respectively. 21.4 Transfer of Bargaining Unit Work. As required by the Meyers-Milias-Brown Act, the City agrees to meet and confer prior to the implementation of said transfer as follows: A. Transfer of bargaining unit work from an Association classification to a class not represented by the Association; or B. Transfer of work from a classification outside the Association to a classification represented by the Association. 54 City Council 23 — 56 11/15/2022 ARTICLE XXII 22.0 STRIKES AND WORK STOPPAGES 22.1 Prohibited Conduct. A. The Association, its officers, agents, representatives, and/or members agree that during the term of this MOU, they will not cause or condone any unlawful strike, workout, slowdown, sick-out, or any other unlawful job action by withholding or refusing to perform services. B. Any employee who participates in any conduct prohibited in Section 22.1(A) shall be subject to suspension, demotion, or dismissal by the appointing authority. 22.2 Association Responsibility. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 22.1, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unlawful, and they must immediately cease engaging in the conduct prohibited and return to work. 55 City Council 23 — 57 11/15/2022 ARTICLE XXIII 23.0 SOLE AND ENTIRE AGREEMENT 23.1 It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral and written, expressed or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law or the City Charter. 23.2 The City will continue to administer its employee relations and its personnel policies and procedures in accordance with duly adopted ordinances and resolutions, and the affected employees will continue to be governed thereby during the term of this MOU. 56 City Council 23 — 58 11/15/2022 ARTICLE XXIV 24.0 WAIVER OF BARGAINING DURING THE TERM OF MOU 24.1 During the term of this MOU, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours, and terms of conditions of employment, whether or not covered by this MOU or in the negotiations leading thereto, unless required by specific provision of this MOU, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU. 57 City Council 23 — 59 11/15/2022 ARTICLE XXV 25.0 SEVERABILITY PROVISION 25.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction or by statue, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. 58 City Council 23 — 60 11/15/2022 ARTICLE XXVI 26.0 TERM OF MOU 26.1 The term of this MOU shall be from January 1, 2022 through June 30, 2025. 59 City Council 23 — 61 11/15/2022 ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge the City Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this MOU shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Association and entered into this 15t" day of November, 2022. Dated: Dated: Dated: ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: PETER BROWN LABOR ATTORNEY CITY OF SANTA ANA, a Municipal Corporation of the State of California Now.1m go CITY MANAGER EXECUTIVE DIRECTOR OF HUMAN RESOURCES •1 City Council 23 — 62 11/15/2022 This 2022-2025 SAPMA Memorandum of Understanding has been ratified by the membership of the Santa Ana Police Management Association. Dated: PRESIDENT, SANTA ANA POLICE MANAGEMENT ASSOCIATION 61 City Council 23 — 63 11/15/2022 SANTA ANA POLICE MANAGEMENT ASSOCIATION SWORN CLASSIFICATIONS EXHIBIT A MONTHLY WAGE RATE SCHEDULE EFFECTIVE NOVEMBER 16, 2022 JOB TITLE JOB CODE STEP A STEP B STEP C STEP D STEP E Police Captain (RM) 03360 16,230 17,041 17,893 18,788 19,728 Police Lieutenant (RM) 03350 13,742 14,429 15,150 15,907 16,702 MONTHLY WAGE RATE SCHEDULE EFFECTIVE JULY 2, 2023 JOB TITLE JOB CODE STEP A STEP B STEP C STEP D STEP E Police Captain (RM) 03360 16,717 17,552 18,430 19,352 20,320 Police Lieutenant (RM) 03350 14,154 14,862 15,605 16,384 17,203 MONTHLY WAGE RATE SCHEDULE EFFECTIVE JULY 14, 2024 JOB TITLE JOB CODE STEP A STEP B STEP C STEP D STEP E Police Captain (RM) 03360 17,219 18,079 18,983 19,933 20,930 Police Lieutenant (RM) 03350 14,579 15,308 16,073 16,876 17,719 62 City Council 23 — 64 11/15/2022 SANTA ANA POLICE MANAGEMENT ASSOCIATION NON -SWORN CLASSIFICATIONS EXHIBIT A MONTHLY WAGE RATE SCHEDULE EFFECTIVE NOVEMBER 16, 2022 JOB TITLE JOB CODE STEP AA STEP A STEP B STEP C STEP D STEP E Correctional Manager (RM) 01971 9,209 9,670 10,153 10,661 11,194 11,753 Jail Administrator (RM) 03231 13,742 14,429 15,150 15,907 16,702 17,538 Police Administrative Budget Manager (RM) 00181 11,989 12,590 13,219 13,880 14,575 15,304 Police Administrative Manager (RM) 00180 10,713 11,250 11,812 12,402 13,022 13,673 Police Communications Manager (RM) 03370 9,963 10,461 10,984 11,534 12,110 12,715 Police Systems Manager (RM) 02931 11,989 12,590 13,219 13,880 14,575 15,304 MONTHLY WAGE RATE SCHEDULE EFFECTIVE JULY 2, 2023 JOB TITLE JOB CODE STEP AA STEP A STEP B STEP C STEP D STEP E Correctional Manager (RM) 01971 9,485 9,960 10,458 10,981 11,530 12,106 Jail Administrator (RM) 03231 14,154 14,862 15,605 16,384 17,203 18,064 Police Administrative Budget Manager (RM) 00181 12,349 12,968 13,616 14,296 15,012 15,763 Police Administrative Manager (RM) 00180 11,034 11,588 12,166 12,774 13,413 14,083 Police Communications Manager (RM) 03370 10,262 10,775 11,314 11,880 12,473 13,096 Police Systems Manager (RM) 02931 12,349 12,968 13,616 14,296 15,012 15,763 MONTHLY WAGE RATE SCHEDULE EFFECTIVE JULY 14, 2024 JOB TITLE JOB CODE STEP AA STEP A STEP B STEP C STEP D STEP E Correctional Manager (RM) 01971 9,770 10,259 10,772 11,310 11,876 12,469 Jail Administrator (RM) 03231 14,579 15,308 16,073 16,876 17,719 18,606 Police Administrative Budget Manager (RM) 00181 12,719 13,357 14,024 14,725 15,462 16,236 Police Administrative Manager (RM) 00180 11,365 11,936 12,531 13,157 13,815 14,505 Police Communications Manager (RM) 03370 10,570 11,098 11,653 12,236 12,847 13,489 Police Systems Manager (RM) 02931 12,719 13,357 14,024 14,725 15,462 16,236 63 City Council 23 - 65 11/15/2022 Public Works Agency www.santa-ana.org/public-works Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Installment Sale Agreement for Well 32 Project AGENDA TITLE Adopt a Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project (Non -General Fund) RECOMMENDED ACTION Adopt a Resolution approving the Construction Installment Sale Agreement (D2202003) with the California State Water Resources Control Board for financing of the Well 32 Nitrate Treatment Project, in an amount up to $6,249,105. DISCUSSION The Public Works Agency Water Resources Division oversees and maintains the daily operations of the City's water and sanitary sewer systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,000 service connections. In an effort to find cost-effective solutions to maintaining and improving the City's water system infrastructure, the Water Resources Division has sought out funding mechanisms such as the California State Water Resources Control Board's (Water Board) Drinking Water State Revolving Fund (SRF) (Exhibit 1). The SRF assists public water systems in financing the cost of drinking water infrastructure projects needed to achieve or maintain compliance with Safe Drinking Water Act (SDWA) requirements. Approval of the agreement (Exhibit 2) will allow the City to complete projects that may otherwise be deferred due to insufficient fund balances. The project will rehabilitate Well 32, located in Morrison Park, which has been inactive for over 15 years due to low operating efficiencies and nitrate levels above the state threshold. The Project will construct approximately 3,600 feet of new pipeline to convey the well's flow to the Garthe Reservoir where the water will be blended with other water sources to reduce the nitrate levels to well below the state threshold for drinking water. It City Council 24 — 1 11/15/2022 Adopt Resolution for Well 32 Installment Sale Agreement November 15, 2022 Page 2 is estimated that the project will provide the City with an additional 4,000 acre feet (1,303,600,000 gallons) of water per year. Placing Well 32 back in the City's water system will improve system efficiency and reduce the burden on other water -producing facilities. Total project costs are estimated at $13,000,000. Staff has requested a principal loan amount of $5,290,000, which according the Payment Schedule (Exhibit 3), will be paid back over 33 years and at a cost of $959,105. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the current fiscal year, FY 2022-23, to pay estimated administrative and grant fund fees of $9,553 in Water Debt Service, Contract Services -Professional expenditure account (No. 06017020-62300). Principal and interest payments are due annually beginning one year after construction completion date of June 30, 2025. Funds for debt servicing will be budgeted in Water Debt Service, Principal -Debt Services expenditure account (No. 06017020-67100) and Interest -Debt Services expenditure account (No. 06017020-67110) for FY25-26 through FY54-55. Loan reimbursement disbursements will be recorded in Water Fund, Notes/Loan Payable account (No. 06001001-27000). The project costs are estimated at $13,000,000 and Staff continues to seek funding to fully fund the delivery of this project. EXHIBIT(S) 1. Resolution Approving the Construction Installment Sale Agreement with the California State Water Resources Control Board for Financing of the Well 32 Nitrate Treatment Project 2. Construction Installment Sale Agreement 3. Project Loan Schedule Summary Submitted By: Nabil Saba, Executive Director Public Works Approved By: Kristine Ridge, City Manager City Council 24 — 2 11/15/2022 RESOLUTION 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A CONSTRUCTION INSTALLMENT SALE AGREEMENT WITH THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD IN CONNECTION WITH THE FINANCING OF THE WELL NO. 32 NITRATE TREATMENT AND REHABILITATION PROJECT AND AUTHORIZING CERTAIN OTHER RELATED ACTIONS WHEREAS, the City of Santa Ana wishes to finance the costs of certain design and construction improvements to its water delivery infrastructure, specifically the Well No. 32 Nitrate Treatment Rehabilitation Project ("Project"); and WHEREAS, the City intends to finance the Project or portions of the Project with funds ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the City previously adopted Resolution No. 2019-026 authorizing an application for financial assistance to the State Water Board for the Project and Resolution No. 2019-027 declaring its intention to use a portion of the Project Funds to reimburse certain capital expenditures made prior to the receipt of Project Funds from available moneys of the City in connection with the Project; and WHEREAS, the City and State Water Board now desire to approve a Construction Installment Sale Agreement ("2022 Installment Sale Agreement") for the purpose of providing the terms relating to the distribution and repayment by the City of the Project Funds and relating to the City's payment of certain installment payments; and WHEREAS, under the 2022 Installment Sale Agreement, the installment payments payable by the City will be secured by a pledge of and payable from Net Revenues (as defined in the 2022 Installment Sale Agreement) of the City's Water Enterprise, as described in Exhibit B to the 2022 Installment Sale Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The recitals set forth above are true and correct and adopted as findings in support of this Resolution. Section 2. The City approves the Project Funds in an amount not to exceed $6,249,105 with an interest rate not to exceed 1.10%. Section 3. The 2022 Installment Sale Agreement, a copy of which is attached as Exhibit A, is hereby approved in substantially the form thereof with changes as may be approved by the City Manager or his or her designee (each an "Authorized City Council 24 — 3 Res 1ultl5137 ?XXX Page 1 of 3 Representative"). Execution by an Authorized Representative of the 2022 Installment Sale Agreement shall constitute conclusive evidence of such Authorized Representative's approval of such changes. Each of the Authorized Representatives is hereby authorized, together or alone, to execute and deliver the 2022 Installment Sale Agreement. Section 4. The covenants set forth in the 2022 Installment Sale Agreement to be executed in accordance with Section 3 above are hereby approved, shall be deemed to be covenants of the legislative body of the City, and shall be complied with by the City. Section 5. Each Authorized Representative and the other officers and staff of the City responsible for the fiscal affairs of the City are hereby authorized and directed to take any actions and execute and deliver any and all documents and certificates as are necessary to complete the transactions contemplated by the 2022 Installment Sale Agreement. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution ADOPTED this day of , 2022. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor City Council 24 — 4 Res 1ultl 5137 ?XXX Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- to be the original Resolution adopted by the City Council of the City of Santa Ana on , 2022. Date: Clerk of the Council City of Santa Ana City Council 24 — 5 Reso u�tl 513 J ?XXX Page 3of3 C 0.LIL0 RMI• Water Boards State Water Resources Control Board October 7, 2022 City of Santa Ana Attn: Nabil Saba — Executive Director of Public Works 220 S. Daisy Ave. Santa Ana, CA 92703 Agreement Number: D2202003 Project Number: 3010038-003C IP-RZ, GAVIN NEWSOM GOVERNOR DARED BLUMENFELD SECRETARY FOR ENVIRONMENTAL PROTECTION Enclosed is your Agreement for your approval and signature. This Agreement cannot be considered binding by either party until executed by the State Water Resources Control Board (State Water Board). If you are in agreement with all terms and conditions of the Agreement, please sign and date two (2) signature pages; return only the two (2) signature pages — it is not necessary to send the entire Agreement - no later than thirty (30) calendar days from the date of this letter to: Overnight Mail State Water Resources Control Board Attention: Noel Carolipio Jr. Division of Financial Assistance 1001 1 Street, 16th Floor Sacramento, CA 95814 US Mail State Water Resources Control Board Attention: Noel Carolipio Jr. Division of Financial Assistance P. O. Box 944212 Sacramento, CA 94244-2120 In order for the Funding Agreement to be executed by the State Water Board, the following items must also be returned with the signed signature pages: 1. Opinion of General Counsel. Be aware that all projects receiving funding must comply with all applicable implementing guidelines and regulations adopted by California Department of Industrial Relations (DIR), regarding state prevailing wage requirements. You must contact DIR for guidance on how to comply. Information can be found at: http://www.dir.ca.gov/lcp.asp. Mr. Carolipio Jr. may be contacted at (916) 449-5694 or noel.carolipio(aD-waterboards.ca.gov Once the Agreement is signed by both parties, we will forward an executed copy to you for your records. Enclosures E. iJOAQUIN ESQUIVEL, CHAIR I EILEEN SOBECK, EXECUTIVE DIRECTOR 1001 1 Street, Sacramento, CA 95814 1 Mailing Address: P.O. Box 100, Sacramento, CA 95812-0100 1 www.waterboards.ca.gov City Council 24 — 6 11/15/2022 DRINKING WATER CITY OF SANTA ANA Ems CALIFORNIA STATE WATER RESOURCES CONTROL BOARD CALIF 0 P N I ■ Water Boards CONSTRUCTION INSTALLMENT SALE AGREEMENT PROJECT NO. 3010038-003C WELL32 NITRATE TREATMENT AND REHABILITATION AGREEMENT NO. D2202003 PROJECT FUNDING AMOUNT: $5,290,000.00 ESTIMATED REASONABLE PROJECT COST: $6,040,000 ELIGIBLE WORK START DATE: JULY 1, 2018 ELIGIBLE CONSTRUCTION START DATE: JULY 26, 2022 COMPLETION OF CONSTRUCTION DATE: JUNE 30, 2025 FINAL REIMBURSEMENT REQUEST DATE: DECEMBER 30, 2025 FINAL PAYMENT DATE: JUNE 30, 2055 RECORDS RETENTION END DATE: JUNE 30, 2061 City Council 24 — 7 11/15/2022 THIS PAGE INTENTIONALLY LEFT BLANK City Council 24 — 8 11/15/2022 TABLE OF CONTENTS AGREEMENT 1. AUTHORITY.. 2. INTENTION City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page i of 49 3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE.. 4. PARTY CONTACTS 5. DEFINITIONS.... EXHIBIT A — SCOPE OF WORK........................................................................ A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK. .1 .1 .1 .1 .2 .2 10 10 A.2. STANDARD PROJECT REQUIREMENTS...................................................................................... 10 A.2.1 Acknowledgements..................................................................................................................................10 A.2.2 Reports.....................................................................................................................................................10 A.2.2.1 Progress Reports......................................................................................................................................10 A.2.2.2 Project Completion Report.......................................................................................................................11 A.2.2.3 As Needed Reports.................................................................................................................................. I I A.2.2.4 [Reserved]................................................................................................................................................ I I A.2.2.5 DBE Reports for SRF Projects.................................................................................................................11 A.2.3 Signage....................................................................................................................................................II A.2.4 Commencement of Operations................................................................................................................12 A.3 DATES & DELIVERABLES.............................................................................................................. 12 A.4 SCHEDULE.. EXHIBIT B — FUNDING TERMS 13 14 B.1. FUNDING AMOUNTS AND REIMBURSEMENTS...................................................................... 14 B.1.1 Funding Contingency and Other Sources................................................................................................14 B.1.2 Estimated Reasonable Cost......................................................................................................................14 B.1.3 Project Funding Amount..........................................................................................................................14 B.1.4 [Reserved]................................................................................................................................................14 B. 1.5 Budget Costs............................................................................................................................................14 B.1.6 Contingent Disbursement........................................................................................................................15 B.1.7 Reimbursement Procedure.......................................................................................................................16 B.1.8 Withholding of Disbursements................................................................................................................17 B.1.9 Fraud and Misuse of Public Funds; Enforcement....................................................................................17 B.2 RECIPIENT'S PAYMENT OBLIGATION, PLEDGE, AND RESERVE ............................................. 17 B.2.1 Project Costs............................................................................................................................................17 B.2.2 Estimated Principal Payment Due...........................................................................................................18 B.2.3 Interest Rate and In -Lieu of Interest Charges..........................................................................................18 B.2.4 [Reserved]................................................................................................................................................18 B.2.5 Obligation Absolute.................................................................................................................................18 City Council 24 — 9 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page ii of 49 B.2.6 Payment Timing.......................................................................................................................................18 B.2.7 Pledged Revenues....................................................................................................................................19 B.2.7.1 Establishment of Enterprise Fund and Reserve Fund..........................................................................19 B.2.7.2 Pledge of Net Revenues, Enterprise Fund, and Reserve Fund.............................................................19 B.2.7.3 Application and Purpose of the Enterprise Fund.................................................................................19 B.2.8 No Prepayment........................................................................................................................................20 B.2.9 Reserve Fund...........................................................................................................................................20 B.3 RATES, FEES AND CHARGES......................................................................................................20 BA ADDITIONAL DEBT.........................................................................................................................20 B.5 NO LIENS.........................................................................................................................................21 EXHIBIT C — GENERAL & PROGRAMMATIC TERMS & CONDITIONS .................................................. 22 C.1 REPRESENTATIONS & WARRANTIES.........................................................................................22 C.1.1 Application and General Recipient Commitments..................................................................................22 C.1.2 Authorization and Validity......................................................................................................................22 C.1.3 No Violations...........................................................................................................................................22 C.1.4 No Litigation............................................................................................................................................22 C.1.5 Property Rights and Water Rights...........................................................................................................22 C.1.6 Solvency and Insurance...........................................................................................................................23 C.1.7 Legal Status and Eligibility......................................................................................................................23 C.1.8 Financial Statements and Continuing Disclosure....................................................................................23 C.1.9 System Obligations..................................................................................................................................23 C.1.10 No Other Material Debt...........................................................................................................................23 C.1.11 Compliance with State Water Board Funding Agreements.....................................................................23 C.2 DEFAULTS AND REMEDIES..........................................................................................................23 C.2.1 Return of Funds; Acceleration; and Additional Payments.......................................................................24 C.2.3 Administrative remedies..........................................................................................................................24 C.2.4 Judicial remedies.....................................................................................................................................24 C.2.5 Termination..............................................................................................................................................24 C.2.6 Damages for Breach of Tax -Exempt Status.............................................................................................25 C.2.7 Damages for Breach of Federal Conditions.............................................................................................25 C.2.8 Remedies and Limitations.......................................................................................................................25 C.2.9 Non-Waiver.............................................................................................................................................25 C.2.10 Status Quo................................................................................................................................................25 C.3 STANDARD CONDITIONS..................................................................................................................25 C.3.1 Access, Inspection, and Public Records...................................................................................................25 C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention....................26 C.3.3 Amendment.............................................................................................................................................27 C.3.4 Assignability............................................................................................................................................27 C.3.5 Audit........................................................................................................................................................27 C.3.6 Bonding...................................................................................................................................................27 C.3.7 Competitive Bidding................................................................................................................................27 C.3.8 Compliance with Applicable Laws, Rules, and Requirements................................................................27 C.3.9 Computer Software..................................................................................................................................27 C.3.10 Conflict of Interest...................................................................................................................................28 C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project..................28 C.3.12 Data Management....................................................................................................................................28 C.3.13 Disputes...................................................................................................................................................28 C.3.14 [Reserved]................................................................................................................................................28 City Council 24 — 10 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page iii of 49 C 3.15. Environmental Clearance............................................................................................................................28 C.3.16 Governing Law........................................................................................................................................29 C.3.17 Income Restrictions.................................................................................................................................29 C.3.18 Indemnification and State Reviews.........................................................................................................29 C.3.19 Independent Actor...................................................................................................................................30 C.3.20 Integration................................................................................................................................................30 C.3.21 Leveraging Covenants.............................................................................................................................30 C.3.22 No Discrimination...................................................................................................................................30 C.3.23 No Third Party Rights..............................................................................................................................31 C.3.24 No Obligation of the State.......................................................................................................................31 C.3.25 Notice.......................................................................................................................................................31 C.3.26 Operation and Maintenance; Insurance....................................................................................................33 C.3.27 Permits, Subcontracting, and Remedies...................................................................................................34 C.3.28 Professionals............................................................................................................................................34 C.3.29 Prevailing Wages.....................................................................................................................................35 C.3.30 Public Funding.........................................................................................................................................35 C.3.31 Recipient's Responsibility for Work.......................................................................................................35 C.3.32 Related Litigation....................................................................................................................................35 C.3.33 Rights in Data..........................................................................................................................................35 C.3.34 State Water Board Action; Costs and Attorney Fees...............................................................................35 C.3.35 Timeliness................................................................................................................................................36 C.3.36 Unenforceable Provision..........................................................................................................................36 C.3.37 Venue.......................................................................................................................................................36 C.3.38 Waiver and Rights of the State Water Board...........................................................................................36 CA MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS..........................................................36 C.4.1 [Reserved]................................................................................................................................................36 C.4.2 State Cross-Cutters..................................................................................................................................36 C.4.3 Federal Requirements and Cross -Cutters for SRF Funding.....................................................................37 EXHIBIT D — SPECIAL CONDITIONS........................................................................................................42 EXHIBIT E — PAYMENT SCHEDULE EXHIBIT F — TAX CERTIFICATE F.1 Purpose.. F.2 Tax Covenant.. F.3 Governmental Unit. FA Financing of a Capital Project............ F.5 Ownership and Operation of Project.. F.6 Temporary Period ............................... F.7 Working Capital .................................. F.8 Expenditure of Proceeds .................... F.9 Private Use and Private Payments.... F.10 No Sale. Lease or Private Operation of the Proiect. City Council 24 —11 44 45 45 45 45 45 45 ........................................................ 45 ........................................................ 45 ........................................................ 46 ........................................................ 46 ........................................................ 46 11 /15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page iv of 49 F.11 No Disproportionate or Unrelated Use.........................................................................................46 F.12 Management and Service Contracts............................................................................................47 F.13 No Disposition of Financed Property............................................................................................47 F.14 Useful Life of Project....................................................................................................................47 F.15 Payments......................................................................................................................................47 F.16 No Other Replacement Proceeds.................................................................................................47 F.17 No Sinking or Pledged Fund.........................................................................................................47 F.18 Reserve Amount...........................................................................................................................48 F.19 Reimbursement Resolution..........................................................................................................48 F.20 Reimbursement Expenditures......................................................................................................48 F.21 Change in Use of the Project........................................................................................................48 F.22 Rebate Obligations.......................................................................................................................48 F.23 No Federal Guarantee..................................................................................................................48 F.24 Amendments.................................................................................................................................49 F.25 Reasonable Expectations.............................................................................................................49 F.26 Assignment...................................................................................................................................49 City Council 24 — 12 11/15/2022 li AGREEMENT AUTHORITY. City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 1 of 49 (a) The State Water Resources Control Board (State Water Board) is authorized, and implements its authority, to provide financial assistance under this Agreement pursuant to Section 116760 et seq. of the Health and Safety Code, and Resolution Nos. 2019-0065 and 2021-0022. (b) The Recipient is authorized to enter into this Installment Sale Agreement (Agreement) pursuant to Resolution No. 2019-026 dated May 7, 2019. 2. INTENTION. (a) The Recipient desires to receive financial assistance for and undertake work required for the drinking water construction Project according to the terms and conditions set forth in this Agreement. (b) The State Water Board proposes to assist in providing financial assistance for eligible costs of the Project in the amount set forth in Exhibit B, according to the terms and conditions set forth in this Agreement, with the expectation that the Recipient shall repay all of the financial assistance to the State Water Board. (c) The Recipient intends to evidence its obligation to submit Payments to the State Water Board and secure its obligation with Net Revenues of its water enterprise, as set forth in Exhibit B, according to the terms and conditions set forth in this Agreement. (d) The Recipient intends to certify and evidence its compliance with the Tax Covenants set forth in Exhibit F. 3. AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE. In consideration of the mutual representations, covenants and agreements herein set forth, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement. (a) The Recipient hereby sells to the State Water Board and the State Water Board hereby purchases from the Recipient the Project. Simultaneously therewith, the Recipient hereby purchases from the State Water Board, and the State Water Board hereby sells to the Recipient, the Project in accordance with the provisions of this Agreement. All right, title, and interest in the Project shall immediately vest in the Recipient on the date of execution and delivery of this Agreement by both parties without further action on the part of the Recipient or the State Water Board. (b) Subject to the satisfaction of any condition precedent to this Agreement, this Agreement shall become effective upon the signature of both the Recipient and the State Water Board. Conditions precedent are not limited to the following: The Recipient must deliver to the Division a resolution authorizing this Agreement. The Recipient must deliver an opinion of bond counsel and general counsel satisfactory to the State Water Board's counsel dated on or after the date that the Recipient signs this Agreement. (c) Upon execution, the term of the Agreement shall begin on the Eligible Work Start Date and extend through the Final Payment Date. City Council 24 — 13 11 /15/2022 DWSRF 18v2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 2 of 49 (d) This Agreement includes the following exhibits and attachments thereto: i. EXHIBIT A — SCOPE OF WORK ii. EXHIBIT B — FUNDING TERMS iii. EXHIBIT C — GENERAL & PROGRAMMATIC TERMS & CONDITIONS iv. EXHIBIT D — SPECIAL CONDITIONS V. EXHIBIT E — PAYMENT SCHEDULE vi. EXHIBIT F — TAX CERTIFICATE (e) This Agreement includes the following documents incorporated by reference, as well as any documents incorporated by reference in Exhibit D: i. the Final Plans & Specifications, dated September 22, 2021, which are the basis for the construction contract to be awarded by the Recipient; ii. the Drinking Water System Permit No. 05-08-10P-001; iii. the Recipient's Reimbursement Resolution No. 2019-027 dated May 7, 2019; iv. the Recipient's Tax Questionnaire dated January 28, 2020. V. the Davis -Bacon requirements found at: https://www.waterboards.ca.gov/water issues/programs/grants loans/srf/docs/davisbac on/2021 dwsrf governmental entities.odf (f) This Agreement, and any amendments hereto, may be executed and delivered in any number of counterparts, each of which when delivered shall be deemed to be an original, but such counterparts shall together constitute one document. The parties may sign this Agreement, and any amendments hereto, either by an electronic signature using a method approved by the State Water Board or by a physical, handwritten signature. The parties mutually agree that an electronic signature using a method approved by with the State Water Board is the same as a physical, handwritten signature for the purposes of validity, enforceability, and admissibility. 4. PARTY CONTACTS State Water Board City of Santa Ana Section: Division of Financial Assistance Name: John Paul Blanco, Project Manager Name: Nabil Saba, Executive Director of Public Works Address: 1001 1 Street, 16t" Floor Address: 220 S. Daisy Ave. City, State, Zip: Sacramento, CA 95814 City, State, Zip: Santa Ana, CA 92703 Phone: 916 445-2495 Phone: 714 647-3378 Email: lohnPaul. blanco(a-waterboards.ca.gov Email: nsaba(a�santa-ana.orq The Recipient may change its contact upon written notice to the Division, which notice shall be accompanied by authorization from the Recipient's Authorized Representative. The State Water Board will notify the Recipient of any changes to its contact. While the foregoing are contacts for day-to-day communications regarding Project work, the Recipient shall provide official communications and events of Notice as set forth in Exhibit C to the Division's Deputy Director. 5. DEFINITIONS. City Council 24 — 14 11 /15/2022 DWSRF 18v2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 3 of 49 Unless otherwise specified, each capitalized term used in this Agreement has the following meaning: "Additional Payments" means the reasonable extraordinary fees and expenses of the State Water Board, and of any assignee of the State Water Board's right, title, and interest in and to this Agreement, in connection with this Agreement, including all expenses and fees of accountants, trustees, staff, contractors, consultants, costs, insurance premiums and all other extraordinary costs reasonably incurred by the State Water Board or assignee of the State Water Board. "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. "Agreement" means this agreement, including all exhibits and attachments hereto. "Authority" shall refer to Santa Ana Financing Authority. "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient's authorizing resolution that designates the authorized representative by title. "Bank" means the California Infrastructure and Economic Development Bank. "Bond Funded Portion of the Project Funds" means any portion of the Project Funds which was or will be funded with Bond Proceeds. "Bond Proceeds" means original proceeds, investment proceeds, and replacement proceeds of Bonds. Bonds" means any series of bonds issued by the Bank, the interest on which is excluded from gross income for federal tax purposes, all or a portion of the proceeds of which have been, are, or will be applied by the State Water Board to fund all or any portion of the Project Costs or that are secured in whole or in part by Payments paid hereunder. "Charge In Lieu of Interest" means any fee or charge in lieu of some or all of, but not to exceed, the interest that would otherwise be owed under this Agreement, as set forth in Exhibit E. "Code" as used in Exhibit F of this Agreement means the Internal Revenue Code of 1986, as amended, and any successor provisions and the regulations of the U.S. Department of the Treasury promulgated thereunder. "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is identified in Exhibit A of this Agreement. "Cover Page" means the front page of this Agreement. "Days" means calendar days unless otherwise expressly indicated. "Debt Service" means, as of any date, with respect to outstanding System Obligations and, in the case of the additional debt tests in Exhibit B of this Agreement, any System Obligations that are proposed to be outstanding, the aggregate amount of principal and interest scheduled to become due (either at maturity or by mandatory redemption), together with any Charge In Lieu of Interest on this Obligation or other System Obligations to the State Water Board, calculated with the following assumptions: City Council 24 — 15 11 /15/2022 DWSRF 18v2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 4 of 49 a. Principal payments (unless a different subdivision of this definition applies for purposes of determining principal maturities or amortization) are made in accordance with any amortization schedule published for such principal, including any minimum sinking fund payments; b. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is issued or will be issued as a tax-exempt obligation under federal law, is the average of the SIFMA Municipal Swap Index, or its successor index, during the 24 months preceding the date of such calculation; C. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is issued or will be issued as a taxable obligation under federal law, is the average of SOFR, or its successor index, during the 24 months preceding the date of such calculation; d. Interest on a variable rate System Obligation that is subject to a swap agreement is the fixed swap rate or cap strike rate, as appropriate, if the variable rate has been swapped to a fixed rate or capped pursuant to an interest rate cap agreement or similar agreement; e. Interest on a fixed rate System Obligation that is subject to a swap agreement such that all or a portion of the interest has been swapped to a variable rate shall be treated as variable rate debt under subdivisions (b) or (c) of this definition of Debt Service; f. Payments of principal and interest on a System Obligation are excluded from the calculation of Debt Service to the extent such payments are to be paid from amounts then currently on deposit with a trustee or other fiduciary and restricted for the defeasance of such System Obligations; g. If 25% or more of the principal of a System Obligation is not due until its final stated maturity, then principal and interest on that System Obligation may be projected to amortize over the lesser of 30 years or the Useful Life of the financed asset, and interest may be calculated according to subdivisions (b)-(e) of this definition of Debt Service, as appropriate. "Deputy Director" means the Deputy Director of the Division. "District Office" means District Office of the Division of Drinking Water of the State Water Board. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer this Agreement. "Division of Drinking Water" means the Division of Drinking Water of the State Water Board. "Eligible Construction Start Date" means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder. "Eligible Work Start Date" means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non -construction costs may be incurred and eligible for reimbursement hereunder. "Enterprise Fund" means the enterprise fund of the Recipient in which Revenues are deposited. "Event of Default" means the occurrence of any of the following events: a) Failure by the Recipient to make any payment required to be paid pursuant to this Agreement, including Payments; City Council 24 — 16 11 /15/2022 DWSRF 18v2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 5 of 49 b) A representation or warranty made by or on behalf of the Recipient in this Agreement or in any document furnished by or on behalf of the Recipient to the State Water Board pursuant to this Agreement shall prove to have been inaccurate, misleading or incomplete in any material respect; c) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient's ability to satisfy its obligations under this Agreement. d) Failure by the Recipient to comply with the additional debt test or reserve fund requirement, if any, in Exhibit B or Exhibit D of this Agreement; e) Failure to operate the System or the Project without the Division's approval; f) Failure by the Recipient to observe and perform any covenant, condition, or provision in this Agreement, which failure shall continue for a period of time, to be determined by the Division; g) The occurrence of a material breach or event of default under any System Obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption; h) Initiation of proceedings seeking arrangement, reorganization, or any other relief under any applicable bankruptcy, insolvency, or other similar law; the appointment of or taking possession of the Recipient's property by a receiver, liquidator, assignee, trustee, custodian, conservator, or similar official; the Recipient's entering into a general assignment for the benefit of creditors; the initiation of resolutions or proceedings to terminate the Recipient's existence, or any action in furtherance of any of the foregoing; i) A determination pursuant to Gov. Code section 11137 that the Recipient has violated any provision in Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code; j) Loss of the Recipient's rights, licenses, permits, or privileges necessary for the operation of the System or the Project, or the occurrence of any material restraint on the Recipient's enterprise by a government agency or court order. "Final Payment Date" is the date by which all principal and accrued interest due under this Agreement is to be paid in full to the State Water Board and is specified on the Cover Page of this Agreement. "Final Reimbursement Request Date" means the date set forth as such on the Cover Page of this Agreement, after which date, no further Project Funds disbursements may be requested. "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any other annual period selected and designated by the Recipient as its Fiscal Year in accordance with applicable law. "Force Account" means the use of the Recipient's own employees, equipment, or resources for the Project. "GAAP" means generally accepted accounting principles, the uniform accounting and reporting procedures set forth in publications of the American Institute of Certified Public Accountants or its successor, or by any other generally accepted authority on such procedures, and includes, as applicable, the standards set forth by the Governmental Accounting Standards Board or its successor, or the Uniform System of Accounts, as adopted by the California Public Utilities Commission for water utilities. "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. "Listed Event" means, so long as the Recipient has outstanding any System Obligation subject to Rule 15c2-12, any of the events required to be reported with respect to such System Obligation pursuant to Rule 15c2-12(b)(5). City Council 24 — 17 11 /15/2022 DWSRF 18v2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 6 of 49 "Material Obligation" means an obligation of the Recipient that is material to this transaction, including System Obligations. "Maximum Annual Debt Service" means the maximum amount of Debt Service due on System Obligations in a Fiscal Year during the period commencing with the Fiscal Year for which such calculation is made and within the next five years in which Debt Service for any System Obligations will become due. "Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year. "Obligation" means the obligation of the Recipient to make Payments (including Additional Payments) as provided herein, as evidenced by the execution of this Agreement, proceeds of such obligations being used to fund the Project as specified in the Project Description in Exhibit A and Exhibit B and in the documents thereby incorporated by reference. "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. "Parity Obligation" means a debt obligation of the Recipient on parity with this Obligation. The Recipient's Parity Obligations are these: • The Installment Sale Agreement by and between the City of Santa Ana and the Santa Ana Financing Authority dated as of July 22, 2014 (Water Revenue Refunding Bonds, Series 2014) "Payment" means any payment due to the State Water Board from the Recipient pursuant to this Agreement. "Policy" means the State Water Board's "Policy for Implementing the Drinking Water State Revolving Fund," as amended from time to time, including the Intended Use Plan in effect as of the execution date of this Agreement. "Project" means the Project financed by this Agreement as described in Exhibits A and B and in the documents incorporated by reference herein. "Project Completion" means the date, as determined by the Division after consultation with the Recipient, that operation of the Project is initiated or is capable of being initiated, whichever comes first. "Project Costs" means the incurred costs of the Recipient which are eligible for financial assistance under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Project under GAAP, and may include capitalized interest. "Project Funds" means all moneys disbursed to the Recipient by the State Water Board for eligible Project Costs pursuant to this Agreement. City Council 24 — 18 11 /15/2022 DWSRF 18v2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 7 of 49 "Recipient" means the City of Santa Ana. In any provision of this Agreement referencing duties undertaken by the Authority on behalf of the Recipient, the term "Recipient" shall also refer to the Authority. "Records Retention End Date" means the last date that the Recipient is obligated to maintain records and is set forth on the Cover Page of this Agreement. "Regional Water Quality Control Board" or "Regional Water Board" means the appropriate Regional Water Quality Control Board. "Reimbursement Resolution" means the Recipient's reimbursement resolution identified and incorporated by reference in this Agreement. "Reserve Fund" means the reserve fund required pursuant to Exhibit B of this Agreement. "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient's behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction. "Rule 15c2-12(b)(5)" means Rule 15c2-12(b)(5) promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended. "Senior Obligation" means a debt obligation of the Recipient that is senior to this Obligation. There are no Senior Obligations. "SRF" means the Drinking Water State Revolving Fund. "State" means State of California. "State Water Board" means the State Water Resources Control Board. "Subordinate Obligation" means a debt obligation of the Recipient that is subordinate to this Obligation. There are no Subordinate Obligations. "System" means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the Recipient, including the Project, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. "System Obligation" means any obligation of the Recipient payable from the Revenues, including but not limited to this Obligation, any Parity Obligation, any Subordinate Obligation, and such additional obligations as may hereafter be issued in accordance with the provisions of such obligations and this Agreement. "Useful Life" means the economically useful life of the Project beginning at Completion of Construction and is set forth in Exhibit A. City Council 24 — 19 11 /15/2022 DWSRF 18v2022 "Year" means calendar year unless otherwise expressly indicated. City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 8 of 49 City Council 24 — 20 11 /15/2022 DWSRF 18v2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 9 of 49 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CITY OF SANTA ANA: �B e: IN bii Saba Q Title: Executive Director Public Works Date: t d 11112,0 z - - STATE WATER RESOURCES CONTROL BOARD: By: — Name: Title: Date: Joe Karkoski Deputy Director Division of Financial Assistance City Council 24 — 21 11 /15/2022 DW5RF IM022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 10 of 49 EXHIBIT A — SCOPE OF WORK A.1. PROJECT DESCRIPTION, USEFUL LIFE, AND SCOPE OF WORK. (a) The Project is the project set forth on the Cover Page of this Agreement. (b) The Useful Life of this Project is at least thirty-five (35) years. (c) Scope of Work. The Recipient agrees to do the following: o Rehabilitate Well 32 by installing new well pump, casing, tubes, and other appurtenances. o Construct approximately 3,250 linear feet (LF) of pipeline to connect Well 32 and Garthe Reservoir. o Construct improvements to chemical building at Garthe Reservoir site. A.2. STANDARD PROJECT REQUIREMENTS. A.2.1 Acknowledgements. The Recipient shall include the following acknowledgement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. California's Drinking Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." A.2.2 Reports A.2.2.1 Progress Reports. (a) The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. (b) The Recipient must provide a progress report with each reimbursement request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. (c) A progress report must contain the following information: A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed; City Council 24 — 22 11/15/2022 Exhibit A City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 11 of 49 A description of compliance with environmental requirements; iii. A listing of change orders including amount, description of work, and change in contract amount and schedule; and iv. Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions. A.2.2.2 Project Completion Report. (a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate Regional Water Board and District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following: i. Description of the Project, ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project's likelihood of successfully addressing that water quality problem in the future, and iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold disbursements under this Agreement or other agreements, and begin administrative proceedings. A.2.2.3 As Needed Reports. The Recipient must provide expeditiously, during the term of this Agreement, any reports, data, and information reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the state or federal government. A.2.2.4 [Reserved] A.2.2.5 DBE Reports for SRF Projects. The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply. A.2.3 Signage. The Recipient shall place a sign at least four feet tall by eight feet wide made of 3/4 inch thick exterior grade plywood or other approved material in a prominent location on the Project site and shall maintain City Council 24 — 23 11/15/2022 Exhibit A City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 12 of 49 the sign in good condition for the duration of the construction period. The sign must include the following disclosure statement and color logos (available from the Division): EPA Water Boards U ICa S"81Ci s� „ Lr. anr,rns=i hr}ic{i an a. xy{ 5i r b. "Funding for this $G 290 000 00 millien Well 32 Nitrate Treatment & Rehabilitation pProject has been provided in full or in part by the Drinking Water State Revolving Fund through an agreement with the State Water Resources Control Board. California's Drinking Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds." b. The Project sign may include another agency's required promotional information so long as the above logos and disclosure statement are equally prominent on the sign. The sign shall be prepared in a professional manner. A.2.4 Commencement of Operations. Upon Completion of Construction of the Project, the Recipient must expeditiously initiate Project operations. A.3 DATES & DELIVERABLES. (a) Time is of the essence. (b) The Recipient must expeditiously proceed with and complete construction of the Project. (c) The following dates are established as on the Cover Page of this Agreement: i. Eligible Work Start Date ii. Eligible Construction Start Date iii. Completion of Construction Date iv. Final Reimbursement Request Date V. Records Retention End Date vi. Final Payment Date (d) The Recipient must award the prime construction contract timely (e) The Recipient agrees to start construction no later than [DFA will insert date that is within 6 months after execution of this Agreement]. (f) The Recipient must deliver any request for extension of the Completion of Construction date no less than 90 days prior to the Completion of Construction date. (g) The undisbursed balance of this Agreement will be deobligated if the Recipient does not provide its final reimbursement request to the Division on or before the Final Reimbursement Request Date. City Council 24 — 24 11/15/2022 Exhibit A City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 13 of 49 A.4 SCHEDULE. Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the "Estimated Due Date" column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient must complete and submit all work in time to be approved by the Division prior to Project Completion. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final reimbursement request prior to the Final Reimbursement Request Date set forth on the Cover Page. ITEM DESCRIPTION OF SUBMITTAL CRITICAL ESTIMATED DUE DATE DUE DATE SCOPE OF WORK 1 Construction Com letion 06/30/2025 N/A 2 Progress Reports N/A Quarter) 3 50% Project Completion Inspection and N/A Upon 50% Certification completion of the Project 4 Final Project Inspection and Certification N/A Upon 100% completion of the Project 5 Project Completion Report N/A 12/30/2025 6 As Needed Information and Reports N/A As Requested by Division BUDGET COSTS AND REIMBURSEMENT 1 First Reimbursement Request No later than N/A 90 days from Agreement Execution Date 2 Final Budget Approval Package N/A 12/31/2022 3 Reimbursement Requests N/A Quarter) 4 Final Reimbursement Request 12/30/2025 N/A City Council 24 — 25 11/15/2022 Exhibit A City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 14 of 49 EXHIBIT B — FUNDING TERMS B.1. FUNDING AMOUNTS AND REIMBURSEMENTS B.1.1 Funding Contingency and Other Sources. (a) If this Agreement's funding for any fiscal year expires due to reversion or is reduced, substantially delayed, or deleted by the Budget Act, by Executive Order, or by order or action of the Department of Finance, the State Water Board has the option to either cancel this Agreement with no liability accruing to the State Water Board, or offer an amendment to the Recipient to reflect the reduced amount. (b) If funding for Project Costs is made available to the Recipient from sources other than this Agreement, the Recipient must notify the Division. The Recipient may retain such funding up to an amount which equals the Recipient's share of Project Costs. To the extent allowed by requirements of other funding sources, excess funding must be remitted to the State Water Board to be applied to Payments due hereunder, if any. B.1.2 Estimated Reasonable Cost. The estimated reasonable cost of the total Project, including associated planning and design costs is six million, forty thousand dollars and no cents ($6,040,000.00). B.1.3 Project Funding Amount. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement. B.1.4 [Reserved] B. 1.5 Budget Costs. (a) Estimated budget costs are contained in the Summary Project Cost Table below: ITEM DESCRIPTION TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT A Construction $4,620,000 $3,870,000 B Pre -Purchased Material / Equipment $0 $0 C Purchase of Land / Easements $0 $0 D Change Order Contingency $0 $0 E Force Account $0 $0 F Allowances Soft Costs $1,420,000 $1,420,000 City Council Exhibit g4 — 26 11 /15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 15 of 49 ITEM DESCRIPTION TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT DWSRF Funding Total $5,290,000 Overall Total Project Cost $6,040,000 The Division's Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts. Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division's Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient's submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments. (b) Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment. B.1.6 Contingent Disbursement. (a) The State Water Board's disbursement of funds hereunder is contingent on the Recipient's compliance with the terms and conditions of this Agreement. (b) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the federal or State government to appropriate funds necessary for disbursement of Project Funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other entity. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. (c) Construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient (d) No costs incurred prior to the Eligible Work Start Date are eligible for reimbursement. (e) Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement. (f) Failure to proceed according to the timelines set forth in this Agreement may require the Recipient to repay to the State Water Board all disbursed Project Funds. (g) The Recipient agrees to ensure that its final reimbursement request is received by the Division no later than the Final Reimbursement Request Date. If the final reimbursement request is not received timely, the undisbursed balance of this Agreement will be deobligated. City Council Exhibit g4 — 27 11 /15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 16 of 49 (h) The Recipient is not entitled to interest earned on undisbursed funds. B.1.7 Reimbursement Procedure. Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be made as follows: (a) Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred planning and design allowance costs through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed. (b) The Recipient must submit a reimbursement request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late reimbursement requests may not be honored. (c) The Recipient may request reimbursement of eligible construction and equipment costs consistent with budget amounts approved by the Division in the Final Budget Approval. (d) Additional Project Funds will be promptly disbursed to the Recipient upon receipt of reimbursement request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A. (e) The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement request. Supporting documentation (e.g., receipts) must be submitted with each reimbursement request. The amount requested for administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Disbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed reimbursement request. Reimbursement requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division. (f) The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future disbursements. (g) The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable. (h) Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (i) No work or travel outside the State of California is permitted under this Agreement unless the Division provides prior written authorization. Failure to comply with this restriction may result in termination this Agreement, pursuant to Exhibit C. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. as of the date costs are incurred by the Recipient. City Council Exhibit g4 — 28 11 /15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 17 of 49 B.1.8 Withholding of Disbursements. Notwithstanding any other provision of this Agreement, the State Water Board may withhold all or any portion of the Project Funds upon the occurrence of any of the following events: (a) The Recipient's failure to maintain reasonable progress on the Project as determined by the Division; (b) Placement on the ballot or passage of an initiative or referendum to repeal or reduce the Recipient's taxes, assessments, fees, or charges levied for operation of the System or payment of debt service on System Obligations; (c) Commencement of litigation or a judicial or administrative proceeding related to the Project, System, or Revenues that the State Water Board determines may impair the timely satisfaction of Recipient's obligations under this Agreement; (d) Any investigation by the State Water Board, District Attorney, California State Auditor, Bureau of State Audits, United States Environmental Protection Agency's Office of Inspector General, the Internal Revenue Service, Securities and Exchange Commission, a grand jury, or any other state or federal agency, relating to the Recipient's financial management, accounting procedures, or internal fiscal controls; (e) A material adverse change in the condition of the Recipient, the Revenues, or the System, that the Division reasonably determines would materially impair the Recipient's ability to satisfy its obligations under this Agreement, or any other event that the Division reasonably determines would materially impair the Recipient's ability to satisfy its obligations under this Agreement; (f) The Recipient's material violation of, or threat to materially violate, any term of this Agreement; (g) Suspicion of fraud, forgery, embezzlement, theft, or any other misuse of public funds by the Recipient or its employees, or by its contractors or agents regarding the Project or the System; (h) An event requiring Notice as set forth in Exhibit C; (i) An Event of Default or an event that the Division determines may become an Event of Default. B.1.9 Fraud and Misuse of Public Funds; Enforcement All requests for reimbursement submitted must be accurate and signed by the Recipient's Authorized Representative under penalty of perjury. All costs submitted pursuant to this Agreement must only be for the work or tasks set forth in this Agreement. The Recipient must not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Recipient is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is improper and will not be compensated. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements and, notwithstanding any other section in this Agreement, the termination of this Agreement requiring the repayment of all Project Funds disbursed hereunder. Additionally, the Deputy Director of the Division may request an audit; refer the matter for appropriate administrative action, including but not limited to the recovery of financial assistance provided and the imposition of civil penalties; and/or refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. A person who knowingly makes or causes to be made any false statement, material misrepresentation, or false certification in any submittal may be subject to a civil penalty, criminal fine, or imprisonment. (Wat. Code, § 13490 et seq.) B.2 RECIPIENT'S PAYMENT OBLIGATION, PLEDGE, AND RESERVE B.2.1 Project Costs. City Council Exhibit g4 — 29 11 /15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 18 of 49 The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs and Additional Payments. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. B.2.2 Estimated Principal Payment Due. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is is five million two hundred ninety thousand dollars and no cents ($5,290,000.00). B.2.3 Interest Rate and In -Lieu of Interest Charges. (a) The Recipient agrees to make all Payments according to the schedule in Exhibit E, and as otherwise set forth herein, at an interest rate of one and on tenths % (1.1%) per annum. (b) Interest will accrue beginning with each disbursement. (c) In lieu of, and not to exceed, interest otherwise due under this Agreement, the Recipient agrees to pay the following charge(s), as further set forth in Exhibit E: • an Administrative Service Charge • a Drinking Water Small Community Emergency Grant Fund Charge B.2.4 [Reserved] B.2.5 Obligation Absolute. The obligation of the Recipient to make the Payments and other payments required to be made by it under this Agreement, from the Net Revenues and/or other amounts legally available to the Recipient therefor, is absolute and unconditional, and until such time as the Payments and Additional Payments have been paid in full, the Recipient must not discontinue or suspend any Payments or other payments required to be made by it hereunder when due, whether or not the Project, or any related part thereof is operating or operable or has been completed, or its use is suspended, interfered with, reduced or curtailed or terminated in whole or in part, and such Payments and other payments shall not be subject to reduction whether by offset or otherwise and shall not be conditional upon the performance or nonperformance by any party of any agreement for any cause whatsoever. B.2.6 Payment Timing. (a) The Recipient must pay interest annually, by June 30th of each year, until one year after Completion of Construction. Beginning no later than one year after Completion of Construction, the Recipient must make annual Payment of the principal of the Project Funds, together with all interest accruing thereon by July 1, 2026. The Recipient must make Payments fully amortizing the total principal of the Project by the Final Payment Date. Payments are based on a standard fully amortized assistance amount with equal annual payments. (b) The remaining balance is the previous balance, plus the disbursements, plus the accrued interest on both, plus any Charge In Lieu of Interest, less the Payment. Payment calculations will be made beginning one (1) year after Completion of Construction. Exhibit E is a payment schedule based on the provisions of this Exhibit and an estimated disbursement schedule. Actual payments will be based on actual disbursements. City Council Exhibit g4 — 30 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 19 of 49 (c) Upon Completion of Construction and submission of necessary reports by the Recipient, the Division will prepare an appropriate payment schedule and supply the same to the Recipient. The Division may amend this schedule as necessary to accurately reflect amounts due under this Agreement. The Division will prepare any necessary amendments to the payment schedule and send them to the Recipient. The Recipient must make each Payment on or before the due date therefor. A ten (10) day grace period will be allowed, after which time a penalty in the amount of costs incurred by the State Water Board will be assessed for late payment. These costs may include, but are not limited to, lost interest earnings, staff time, bond debt service default penalties, if any, and other related costs. For purposes of penalty assessment, payment will be deemed to have been made if payment is deposited in the U.S. Mail within the grace period with postage prepaid and properly addressed. Any penalties assessed will not be added to the assistance amount balance, but will be treated as a separate account and obligation of the Recipient. The interest penalty will be assessed from the payment due date. (d) The Recipient is obligated to make all payments required by this Agreement to the State Water Board, notwithstanding any individual default by its constituents or others in the payment to the Recipient of fees, charges, taxes, assessments, tolls or other charges ("Charges") levied or imposed by the Recipient. The Recipient must provide for the punctual payment to the State Water Board of all amounts which become due under this Agreement and which are received from constituents or others in the payment to the Recipient. In the event of failure, neglect or refusal of any officer of the Recipient to levy or cause to be levied any Charge to provide payment by the Recipient under this Agreement, to enforce or to collect such Charge, or to pay over to the State Water Board any money collected on account of such Charge necessary to satisfy any amount due under this Agreement, the State Water Board may take such action in a court of competent jurisdiction as it deems necessary to compel the performance of all duties relating to the imposition or levying and collection of any of such Charges and the payment of the money collected therefrom to the State Water Board. Action taken pursuant hereto shall not deprive the State Water Board of, or limit the application of, any other remedy provided by law or by this Agreement. (e) Each Payment must be paid in lawful money of the United States of America by check or other acceptable form of payment set forth at www.waterboards.ca.gov/make a payment. The Recipient must pay Payments and Additional Payments from Net Revenues and/or other amounts legally available to the Recipient therefor. B.2.7 Pledged Revenues. B.2.7.1 Establishment of Enterprise Fund and Reserve Fund. In order to carry out its System Obligations, the Recipient covenants that it shall establish and maintain or shall have established and maintained the Enterprise Fund. All Revenues received shall be deposited when and as received in trust in the Enterprise Fund. As required in this Exhibit, the Recipient must establish and maintain a Reserve Fund. B.2.7.2 Pledge of Net Revenues, Enterprise Fund, and Reserve Fund. The Obligation hereunder shall be secured by a lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund on parity with the Parity Obligations. The Recipient hereby pledges and grants such lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund to secure the Obligation, including payment of Payments and Additional Payments hereunder. The Enterprise Fund, Net Revenues in the Enterprise Fund, and any Reserve Fund shall be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Recipient. B.2.7.3 Application and Purpose of the Enterprise Fund. City Council Exhibit g4 — 31 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 20 of 49 Subject to the provisions of any outstanding System Obligation, money on deposit in the Enterprise Fund shall be applied and used first, to pay Operations and Maintenance Costs, and thereafter, all amounts due and payable with respect to the System Obligations in order of priority. After making all payments hereinabove required to be made in each Fiscal Year, the Recipient may expend in such Fiscal Year any remaining money in the Enterprise Fund for any lawful purpose of the Recipient. B.2.8 No Prepayment Pursuant to State Water Board's Debt Management Policy, adopted on October 3, 2017, the Recipient may not prepay any portion of the principal and interest due under this Agreement without the written consent of the Deputy Director of the Division. B.2.9 Reserve Fund. Prior to Completion of Construction, the Recipient must establish a restricted Reserve Fund, held in its Enterprise Fund, equal to one year's Debt Service on this Obligation. The Recipient must maintain the Reserve Fund throughout the term of this Agreement. The Reserve Fund is subject to lien and pledged as security for this Obligation, and its use is restricted to payment of this Obligation during the term of this Agreement. B.3 RATES, FEES AND CHARGES (a) The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are equal to [the sum of (i) at least 120% of the Maximum Annual Debt Service with respect to all outstanding System Obligations senior to and on parity with the Obligation and (ii) at least 100% of the Maximum Annual Debt Service with respect to all outstanding System Obligations subordinate to the Obligation], so long as System Obligations other than this Obligation are outstanding. Upon defeasance of all System Obligations other than this Obligation, this ratio must be at least 120%, except where System Obligations are defeased pursuant to refunding obligations. (b) The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section. (c) Upon consideration of a voter initiative to reduce Revenues, the Recipient must make a finding regarding the effect of such a reduction on the Recipient's ability to satisfy the rate covenant set forth in this Section. The Recipient must make its findings available to the public. The Recipient's Authorized Representative must request, if necessary, the authorization of the Recipient's decision -maker or decision -making body to file litigation to challenge any such initiative that it finds will render it unable to satisfy the rate covenant set forth in this Agreement and its obligation to operate and maintain the Project for its Useful Life. The Recipient must diligently pursue and bear any and all costs related to such challenge. The Recipient must notify and regularly update the State Water Board regarding the status of any such challenge. B.4 ADDITIONAL DEBT. (a) The Recipient's future debt that is secured by Revenues pledged herein may not be senior to this Obligation. City Council Exhibit g4 — 32 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 21 of 49 (b) The Recipient may issue additional parity or subordinate debt only if all of the following conditions are met: Net Revenues in the most recent Fiscal Year, excluding transfers from a rate stabilization fund, if any, meet the ratio for rate covenants set forth in this Exhibit with respect to any outstanding and proposed additional obligations; The Recipient is in compliance with any reserve fund requirement of this Obligation. B.5 NO LIENS. The Recipient must not make any pledge of or place any lien on the Project, System, or Revenues except as otherwise provided or permitted by this Agreement. City Council Exhibit g4 — 33 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 22 of 49 EXHIBIT C — GENERAL & PROGRAMMATIC TERMS & CONDITIONS C.1 REPRESENTATIONS & WARRANTIES The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement. C.1.1 Application and General Recipient Commitments. The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application a material fact that makes the statements in its application not misleading. The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents. The Recipient agrees to fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for funding under this Agreement. C.1.2 Authorization and Validity The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law. C.1.3 No Violations. The execution, delivery, and performance by Recipient of this Agreement, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date of execution of this Agreement by the Recipient, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date of execution of this Agreement by the Recipient. C.1.4 No Litigation There are, as of the date of execution of this Agreement by the Recipient, no pending or, to Recipient's knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the System, the Revenues, and/or the Project. There are no proceedings, actions, or offers by a public entity to acquire by purchase or the power of eminent domain the System or any of the real or personal property related to or necessary for the Project. C.1.5 Property Rights and Water Rights. The Recipient owns or has sufficient property rights in the Project property for the longer of the Useful Life or the term of this Agreement, either in fee simple or for a term of years that is not subject to third -party revocation during the Useful Life of the Project. City Council Exhibit 24 — 34 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 23 of 49 The Recipient possesses all water rights necessary for this Project C.1.6 Solvency and Insurance. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. C.1.7 Legal Status and Eligibility. The Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient must at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. The Recipient acknowledges that changes to its legal or financial status may affect its eligibility for funding under this Agreement and commits to maintaining its eligibility. Within the preceding ten years, the Recipient has not failed to demonstrate compliance with state or federal audit disallowances. C.1.8 Financial Statements and Continuing Disclosure The financial statements of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board. The Recipient is current in its continuing disclosure obligations associated with its material debt, if any C.1.9 System Obligations The Recipient has no System Obligations other than those defined in this Agreement C.1.10 No Other Material Debt. The Recipient has no Material Obligations other than System Obligations. C.1.11 Compliance with State Water Board Funding Agreements. The Recipient represents that it is in compliance with all State Water Board funding agreements to which it is a party. C.2 DEFAULTS AND REMEDIES In addition to any other remedy set forth in this Agreement, the following remedies are available under this Agreement. City Council Exhibit 24 — 35 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 24 of 49 C.2.1 Return of Funds; Acceleration; and Additional Payments. Notwithstanding any other provision of this Agreement, if the Division determines that an Event of Default has occurred, the Recipient may be required, upon demand, immediately to do each of the following: i. return to the State Water Board any grant or principal forgiveness amounts received pursuant to this Agreement; ii. accelerate the payment of any principal owed under this Agreement, all of which shall be immediately due and payable; iii. pay interest at the highest legal rate on all of the foregoing; and iv. pay any Additional Payments. C.2.3 Administrative remedies. Whenever the State Water Board determines that the Recipient, the Recipient's contractor, consultant, employee, agent, assignee, or grantee has violated any requirement or term of the Agreement, the State Water Board may impose civil penalties in accordance with Water Code, section 13497. The State Water Board may impose civil liability administratively against the Recipient or the Recipient's consultant or contractor or other agent furnishing any information related to funds disbursed or costs claimed for reimbursement if the Recipient or the Recipient's consultant or contractor or other agent fails to personally attest that the information is true, accurate, and complete the best of one's knowledge. (Wat. Code, § 13498.) The State Water Board may impose civil liability administratively against any person who makes a misrepresentation in any submittal to the State Water Board, including, but not limited to, an application, report, certification, record, invoice, form, or other document that is submitted to the State Water Board relating to a financial assistance agreement. (Wat. Code, § 13499.) C.2.4 Judicial remedies. Whenever the State Water Board determines that an Event of Default shall have occurred, the State Water Board may enforce its rights under this Agreement by any judicial proceeding, whether at law or in equity. Without limiting the generality of the foregoing, the State Water Board may: i. by suit in equity, require the Recipient to account for amounts relating to this Agreement as if the Recipient were the trustee of an express trust; ii. by mandamus or other proceeding, compel the performance by the Recipient and any of its officers, agents, and employees of any duty under the law or of any obligation or covenant under this Agreement, including but not limited to the imposition and collection of rates for the services of the System sufficient to meet all requirements of this Agreement; and iii. take whatever action at law or in equity as may appear necessary or desirable to the State Water Board to collect the Payments then due or thereafter to become due, or to enforce performance of any obligation or covenant of the Recipient under this Agreement. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer. C.2.5 Termination. Upon an Event of Default, the State Water Board may terminate this Agreement. Interest shall accrue on all amounts due at the highest legal rate of interest from the date that the State Water Board delivers notice of termination to the Recipient. City Council Exhibit 24 — 36 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 25 of 49 C.2.6 Damages for Breach of Tax -Exempt Status. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. C.2.7 Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. C.2.8 Remedies and Limitations. None of the remedies available to the State Water Board shall be exclusive of any other remedy, and each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter existing, without exhausting and without regard to any other remedy. Any claim of the Recipient is limited to the rights and remedies provided to the Recipient under this Agreement and is subject to the claims procedures provided to the Recipient under this Agreement. C.2.9 Non -Waiver. Nothing in this Agreement shall affect or impair the Recipient's Obligation to pay Payments as provided herein or shall affect or impair the right of the State Water Board to bring suit to enforce such payment. No delay or omission of the State Water Board in the exercise of any right arising upon an Event of Default shall impair any such right or be construed to be a waiver of any such Event of Default. The State Water Board may exercise from time to time and as often as shall be deemed expedient by the State Water Board, any remedy or right provided by law or pursuant to this Agreement. C.2.10 Status Quo. If any action to enforce any right or exercise any remedy shall be brought and either discontinued or determined adversely to the State Water Board, then the State Water Board shall be restored to its former position, rights and remedies as if no such action had been brought. C.3 STANDARD CONDITIONS C.3.1 Access, Inspection, and Public Records. The Recipient must ensure that the State Water Board, the Governor of the State, the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the Agreement. The Recipient acknowledges that, except for a subset of information regarding archaeological records, the Project records and locations are public records, including but not limited to all of the submissions accompanying City Council Exhibit 24 — 37 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 26 of 49 the application, all of the documents incorporated into this Agreement by reference, and all reports, reimbursement requests, and supporting documentation submitted hereunder. C.3.2 Accounting and Auditing Standards; Financial Management Systems; Records Retention. (a) The Recipient must maintain project accounts according to GAAP as issued by the Governmental Accounting Standards Board (GASB) or its successor. The Recipient must maintain GAAP-compliant project accounts, including GAAP requirements relating to the reporting of infrastructure assets. (b) The Recipient must comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been used in violation of federal or state law or the terms of this Agreement. To the extent applicable, the Recipient is bound by, and must comply with, the provisions and requirements of the federal Single Audit Act of 1984 and 2 CFR Part 200, subpart F, and updates or revisions, thereto. (c) Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient must: i. Establish an official file for the Project which adequately documents all significant actions relative to the Project; ii. Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all assistance funds received under this Agreement; iii. Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to assistance funds disbursed under this Agreement; iv. Establish an accounting system which will accurately depict final total costs of the Project, including both direct and Indirect Costs; V. Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and vi. If Force Account is used by the Recipient for any phase of the Project, other than for planning, design, and construction engineering and administration provided for by allowance, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee. (d) The Recipient must maintain separate books, records and other material relative to the Project. The Recipient must also retain such books, records, and other material for itself and for each contractor or subcontractor who performed or performs work on this project for a minimum of thirty-six (36) years after Completion of Construction. The Recipient must require that such books, records, and other material are subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the California State Auditor, the Bureau of State Audits, the United States Environmental Protection Agency (USEPA), the Office of Inspector General, the Internal Revenue Service, the Governor, or any authorized representatives of the aforementioned. The Recipient must allow and must require its contractors to allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar duty regarding audit, interviews, and records retention in any contract or subcontract related to the performance of this Agreement. The provisions of this section survive the term of this Agreement. City Council Exhibit 24 — 38 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 27 of 49 C.3.3 Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by both the Recipient and the Deputy Director or designee. Requests for amendments must be in writing and directed to the contact listed in Section 4 and to the Division's Chief of Loans and Grants Administration Section. C.3.4 Assignability. This Agreement is not assignable by the Recipient, either in whole or in part, without the consent of the State Water Board in the form of a formal written amendment to this Agreement. C.3.5 Audit. (a) The Division may call for an audit of financial information relative to the Project if the Division determines that an audit is desirable to assure program integrity or if an audit becomes necessary because of state or federal requirements. If an audit is called for, the audit must be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit must be in the form required by the Division. (b) Audit disallowances must be returned to the State Water Board. C.3.6 Bonding. Where contractors are used, the Recipient must not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. C.3.7 Competitive Bidding Recipient must adhere to any applicable state law or local ordinance for competitive bidding and applicable labor laws. C.3.8 Compliance with Applicable Laws, Rules, and Requirements. The Recipient must, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, to the extent applicable, the Recipient must: (a) Comply with the provisions of the adopted environmental mitigation plan, if any, for the term of this Agreement; (b) Comply with the Policy; and (c) Comply with and require compliance with the state and federal requirements set forth elsewhere in this Agreement. C.3.9 Computer Software. The Recipient certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. City Council Exhibit 24 — 39 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 28 of 49 C.3.10 Conflict of Interest. The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in compliance with applicable state and federal conflict of interest laws. C.3.11 Continuous Use of Project; No Lease, Sale, Transfer of Ownership, or Disposal of Project. The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the Useful Life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due. C.3.12 Data Management. The Recipient will undertake appropriate data management activities so that Project data can be incorporated into statewide data systems. C.3.13 Disputes. (a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board's Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. (b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law. (c) Recipient must continue with the responsibilities under this Agreement during any dispute. (d) This section relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4. C.3.14 [Reserved] C 3.15. Environmental Clearance. (a) No work that is subject to CEQA or NEPA may proceed under this Agreement unless the State Water Board has provided environmental clearance. The State Water Board may require changes in the scope of work or additional mitigation as a condition to providing construction or implementation funding under this Agreement. Recipient shall not perform any work subject to CEQA and/or NEPA before the State Water Board completes its environmental review and specifies any changes in scope or additional mitigation that may be required. Proceeding with work subject to CEQA and/or NEPA without approval by the State Water Board shall constitute a breach of a material provision of this Agreement. City Council Exhibit 24 — 40 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 29 of 49 (b) If this Project includes modification of a river or stream channel, the Recipient must fully mitigate environmental impacts resulting from the modification. The Recipient must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project. C.3.16 Governing Law. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. C.3.17 Income Restrictions. The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient under this Agreement must be paid by the Recipient to the State Water Board, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the State Water Board under this Agreement. C.3.18 Indemnification and State Reviews. The parties agree that review or approval of Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board, the Bank, and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the System or the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the System or the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System or the Project; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement, except those arising from the gross negligence or willful misconduct of the Indemnified Persons. The Recipient must also provide for the defense and indemnification of the Indemnified Persons in any contractual provision extending indemnity to the Recipient in any contract let for the performance of any work under this Agreement, and must cause the Indemnified Persons to be included within the scope of any provision for the indemnification and defense of the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section survive the term of this Agreement. City Council Exhibit 24 — 41 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 30 of 49 C.3.19 Independent Actor. The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board. C.3.20 Integration. This Agreement constitutes the complete and final agreement between the parties. No oral or written understanding or agreement not incorporated in this Agreement shall be binding on either party. C.3.21 Leveraging Covenants. (a) Notwithstanding any other provision hereof, the Recipient covenants and agrees that it will comply with the Tax Covenants set forth in Exhibit F of this Agreement. (b) The Recipient covenants to furnish such financial, operating and other data pertaining to the Recipient as may be requested by the State Water Board to: (i) enable the State Water Board to cause the issuance of Bonds and provide for security therefor; or (ii) enable any underwriter of Bonds issued for the benefit of the State Water Board to comply with Rule 15c2-12(b)(5). (c) The Recipient further covenants to provide the State Water Board with copies of all continuing disclosure documents or reports that are disclosed pursuant to (i) the Recipient's continuing disclosure undertaking or undertakings made in connection with any outstanding System Obligation, (ii) the terms of any outstanding System Obligation, or (iii) a voluntary disclosure of information related to an outstanding System Obligation. The Recipient must disclose such documents or reports to the State Water Board at the same time such documents or reports are submitted to any dissemination agent, trustee, nationally recognized municipal securities information repository, the Municipal Securities Rulemaking Board's Electronic Municipal Market Access (EMMA) website or other person or entity. C.3.22 No Discrimination. (a) The Recipient must comply with Government Code section 11135 and the implementing regulations (Cal. Code Regs, tit. 2, § 11140 et seq.), including, but not limited to, ensuring that no person is unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation of, the Project or System on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation as such terms are defined under California law, for as long as the Recipient retains ownership or possession of the Project. (b) If Project Funds are used to acquire or improve real property, the Recipient must include a covenant of nondiscrimination running with the land in the instrument effecting or recording the transfer of such real property. (c) The Recipient must comply with the federal American with Disabilities Act of 1990 and implementing regulations as required by Government Code section 11135(b). (d) The Recipient's obligations under this section shall survive the term of this Agreement (e) During the performance of this Agreement, Recipient and its contractors and subcontractors must not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital City Council Exhibit 24 — 42 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 31 of 49 status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. (f) The Recipient, its contractors, and subcontractors must ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. (g) The Recipient, its contractors, and subcontractors must comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (h) The Recipient, its contractors, and subcontractors must comply with all applicable federal civil rights regulations, including statutory and national policy requirements. (2 CFR § 200.300). This includes, to the greatest extent practicable and to the extent permitted by law, the requirement to respect and protect the freedom of persons and organizations to engage in political and religious speech. (Executive Order 13798). (i) The Recipient, its contractors, and subcontractors must give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 0) The Recipient must include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. C.3.23 No Third Party Rights. The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein. C.3.24 No Obligation of the State. Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this Agreement. C.3.25 Notice Upon the occurrence of any of the following events, the Recipient must provide notice as set forth below (a) Within 24 hours of the following, the Recipient must notify the Division by phone at (916) 327-9978 and by email toiohnpaul.blanco(cDwaterboards.ca.gov; uven.trinh- le(cDwaterboards.ca.gov and DrinkingWaterSRF(cDwaterboards.ca.gov: i. The seizure of, or levy on, any Revenues securing this Agreement; ii. Any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division. (b) Within five (5) business days, the Recipient must notify the Division by phone at (916) 327-9978; by email to Lance. Reese(@waterboards.ca.gov 0ohnpaul.blanco(5)waterboards.ca.gov; uven.trinh-le(a-)waterboards.ca.gov and City Council Exhibit 24 — 43 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 32 of 49 DrinkingWaterSRF@waterboards.ca.gov; and by mail to the contact address set forth in Section 4 of this Agreement of the occurrence of any of the following events: i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing; ii. Change of ownership of the Project or the System or change of management or service contracts, if any, for operation of the System; iii. Loss, theft, damage, or impairment to Project, the Revenues or the System; iv. Failure to meet any debt service coverage test in Exhibit B of this Agreement; v. Draws on the Reserve Fund; vi. Listed Events and Events of Default, except as otherwise set forth in this section; vii. Failure to observe or perform any covenant or comply with any condition in this Agreement; viii. An offer from a public entity to purchase the Project or the System or any portion thereof, or any of the real or personal property related to or necessary for the Project; ix. A proceeding or action by a public entity to acquire the Project or the System by power of eminent domain; x. Incurrence of a System Obligation or other Material Obligation by the Recipient; or xi. A default, event of acceleration, termination event, modification of terms, or other similar event under the terms of a System Obligation or other Material Obligation of the Recipient, any of which reflect financial difficulties. (c) Within ten (10) business days, the Recipient must notify the Division by phone at (916) 327-9978, by email to uven.trinh- leCcD_waterboards.ca.gov and DrinkingWaterSRF(cDwaterboards.ca.gov, and by mail to the contact address set forth in Section 4 of this Agreement of the following events: i. Material defaults on Material Obligations, other than this Obligation; ii. Unscheduled draws on material debt service reserves or credit enhancements, reflecting financial difficulties; iii. Substitution of credit or liquidity providers, if any or their failure to perform; iv. Any litigation pending or threatened with respect to the Project or the Recipient's technical, managerial or financial capacity to operate the System or the Recipient's continued existence; v. Circulation of a petition to repeal, reduce, or otherwise challenge the Recipient's rates for services of the System; vi. Consideration of dissolution, or disincorporation, or any other event that could materially impair the Revenues; vii. Adverse tax opinions, the issuance by the Internal Revenue Service or proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices of determinations with respect to the tax status of any tax-exempt bonds; viii. Rating changes on outstanding System Obligations, if any; ix. Issuance of additional Parity Obligations; x. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board; or A. Any investigation by the District Attorney, California State Auditor, Bureau of State Audits, United States Environmental Protection Agency's Office of Inspector General, the Internal Revenue Service, Securities and Exchange Commission, a grand jury, or any other state or federal agency, relating to the Recipient's financial management, accounting procedures, or internal fiscal controls; City Council Exhibit 24 — 44 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 33 of 49 (d) The Recipient must notify the Division promptly by phone at (916) 327-9978, by email to aohnpaul.blanco(a�waterboards.ca.gov; uven.trinh-le(C-)_waterboards.ca.gov and DrinkingWaterSRF(a)waterboards.ca.gov, and by mail to the contact address set forth in Section 4 of this Agreement of any of the following events: i. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this financial assistance, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors; ii. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change; iii. Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more; iv. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; v. Discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during construction of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient's obligations under the federal Endangered Species Act; vi. Any Project monitoring, demonstration, or other implementation activities required in Exhibit A or Exhibit D of this Agreement, if any; vii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days' notice to the Division; viii. Any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, as required by Exhibit C.4.3(xxvii); ix. Any events requiring notice to the Division pursuant to the provisions of this Agreement; x. Completion of Construction of the Project, and actual Project Completion; xi. The award of the prime construction contract for the Project; xii. Initiation of construction of the Project. C.3.26 Operation and Maintenance; Insurance. The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the System during the Useful Life of the Project in accordance with all applicable state and federal laws, rules, and regulations. The Recipient will procure and maintain or cause to be maintained insurance on the System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System) as are usually covered in connection with systems similar to the System. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. City Council Exhibit 24 — 45 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 34 of 49 In the event of any damage to or destruction of the System caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System must be free and clear of all claims and liens. If such net proceeds are insufficient to reconstruct, repair, or restore the System to the extent necessary to enable the Recipient to pay all remaining unpaid principal portions of the Payments, if any, in accordance with the terms of this Agreement, the Recipient must provide additional funds to restore or replace the damaged portions of the System. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project. C.3.27 Permits, Subcontracting, and Remedies. Recipient must procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Signed copies of any such permits or licenses must be submitted to the Division before any construction begins. The Recipient must not contract or allow subcontracting with excluded parties. The Recipient must not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the Recipient must not contract with any individual or organization on the State Water Board's List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board's List of Disqualified Businesses and Persons is located at htto://www.waterboards.ca.aov/water issues/oroarams/enforcement/fwa/dbD.shtml C.3.28 Professionals. The Recipient agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, architectural, or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 5536.1, 6735, 7835, and 7835.1. To demonstrate compliance with California Code of Regulations, title 16, sections 415 and 3065, all technical reports must contain a statement of the qualifications of the responsible registered profess ional(s). As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work. City Council Exhibit 24 — 46 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 35 of 49 C.3.29 Prevailing Wages. The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. The Recipient must monitor all agreements subject to reimbursement from this Agreement to ensure that the prevailing wage provisions of the State Labor Code are being met. In addition, the Recipient agrees to comply with the Davis -Bacon provisions incorporated by reference in Section 3 of this Agreement. C.3.30 Public Funding. This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. C.3.31 Recipient's Responsibility for Work. The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for performance of work. C.3.32 Related Litigation. Under no circumstances may the Recipient use funds from any reimbursement under this Agreement to pay costs associated with any litigation the Recipient pursues against the State Water Board or any Regional Water Quality Control Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Recipient agrees to repay all of the disbursed funds plus interest in the event that Recipient does not complete the project. C.3.33 Rights in Data. The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request. C.3.34 State Water Board Action; Costs and Attorney Fees. Any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Recipient, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees. City Council Exhibit 24 — 47 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 36 of 49 C.3.35 Timeliness. Time is of the essence in this Agreement. C.3.36 Unenforceable Provision. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. C.3.37 Venue. Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California. C.3.38 Waiver and Rights of the State Water Board. Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law. CA MISCELLANEOUS STATE AND FEDERAL REQUIREMENTS C.4.1 [Reserved] C.4.2 State Cross -Cutters. Recipient represents that, as applicable, it complies and covenants to maintain compliance with the following for the term of the Agreement: The California Environmental Quality Act (CEQA), as set forth in Public Resources Code 21000 et seq. and in the CEQA Guidelines at Title 14, Division 6, Chapter 3, Section 15000 et seq. Water Conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations. iii. Monthly Water Diversion Reporting requirements, including requirements set forth in Water Code section 5103. iv. Public Works Contractor Registration with Department of Industrial Relations requirements, including requirements set forth in Sections 1725.5 and 1771.1 of the Labor Code. Volumetric Pricing & Water Meters requirements, including the requirements of Water Code sections 526 and 527. vi. Urban Water Management Plan requirements, including the Urban Water Management Planning Act (Water Code, § 10610 et seq.). vii. Urban Water Demand Management requirements, including the requirements of Section 10608.56 of the Water Code. City Council Exhibit 24 — 48 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 37 of 49 viii. Delta Plan Consistency Findings requirements, including the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. ix. Agricultural Water Management Plan Consistency requirements, including the requirements of Water Code section 10852. Charter City Project Labor Requirements, including the requirements of Labor Code section 1782 and Public Contract Code section 2503. C.4.3 Federal Requirements and Cross -Cutters for SRF Funding. The Recipient acknowledges, warrants compliance with, and covenants to continuing compliance with the following federal terms and conditions for the Useful Life of the Project: Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase "iron and steel products" produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient hereby certifies that all "iron and steel products" used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. ii. The Recipient must include in full the Wage Rate Requirements (Davis -Bacon) language incorporated by reference in Section 3 of this Agreement in all construction contracts and subcontracts. iii. The Recipient must comply with the signage requirements set forth in Exhibit A. iv. The Recipient shall notify the State Water Board and the USEPA contact of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days' notice. V. The Recipient shall comply with applicable EPA general terms and conditions found at http://www.epa.gov/. vi. No Recipient may receive funding under this Agreement unless it has provided its Unique Entity Identifier, assigned by the System for Award management, to the State Water Board. vii. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient's exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board's performance of its obligations under this Agreement. When entering into a covered transaction as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the City Council Exhibit 24 — 49 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 38 of 49 covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. viii. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA's Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/qrants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs. ix. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid -up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed. xi. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the Disclosure statement set forth in Exhibit A. xii. The Recipient acknowledges that it is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. xiii. The Recipient, its employees, contractors and subcontractors and their employees warrants that it will not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing. xiv. The Recipient certifies to the best of its knowledge and belief that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and notify the State Water Board. City Council Exhibit 24 — 50 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 39 of 49 The Recipient shall require this certification from all parties to any contract or agreement that the Recipient enters into and under which the Recipient incurs costs for which it seeks reimbursements under this Agreement. xv. The Recipient must comply with the following federal non-discrimination requirements: a. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). b. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities. c. The Age Discrimination Act of 1975, which prohibits age discrimination. d. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex. e. 40 CFR Part 7, as it relates to the foregoing. xvi. Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions: "During the performance of this contract, the contractor agrees as follows: "(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, 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 by the contracting officer setting forth the provisions of this nondiscrimination clause. "(b) The contractor will, 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, creed, color, or national origin. "(c) The contractor will 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 by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(0 In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. City Council Exhibit 24 — 51 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 40 of 49 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include 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 No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a 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 contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. " xvii. The Recipient agrees to comply with the requirements of USEPA's Program for Utilization of Small, Minority and Women's Business Enterprises. xviii. Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: httg://www.sam.gov/ . xix. Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act's implementing regulations at 49 CFR 24.101 through 24.105. xx. The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA's Central Data Exchange, it will ensure that any connections are secure. xxi. All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fqdc.gov. xxii. If the Recipient is a water system that serves 500 or fewer persons, the Recipient represents that it has considered publicly -owned wells as an alternative drinking water supply. xxiii. The Recipient represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and it is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. xxiv. The Recipient agrees to immediately notify the Project Manager in writing about any allegation of research misconduct involving research activities that are supported in whole or in part with EPA funds under this Project, including fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results, or ordering, advising, or suggesting that subordinates engage in research misconduct. City Council Exhibit 24 — 52 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 41 of 49 xxv. The Recipient agrees to comply with, and require all contractors and subcontractors to comply with, EPA's Scientific Integrity Policy, available at https://www.epa.gov/osa/policy-epa-scientific- integrity, when conducting, supervising, and communicating science and when using or applying the results of science. For purposes of this condition scientific activities include, but are not limited to, computer modelling, economic analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical analysis, and writing a review article on a scientific issue. The Recipient shall not suppress, alter, or otherwise impede the timely release of scientific findings or conclusions; intimidate or coerce scientists to alter scientific data, findings, or professional opinions or exert non -scientific influence on scientific advisory boards; knowingly misrepresent, exaggerate, or downplay areas of scientific uncertainty; or otherwise violate the EPA's Scientific Integrity Policy. The Recipient must refrain from acts of research misconduct, including publication or reporting, as described in EPA's Policy and Procedures for Addressing Research Misconduct, Section 9.C, and must ensure scientific findings are generated and disseminated in a timely and transparent manner, including scientific research performed by contractors and subcontractors. xxvi. The Recipient agrees to comply with the Animal Welfare Act of 1966 (7 USC 2131-2156). Recipient also agrees to abide by the "U.S. Government Principles for the Utilization and Care of Vertebrate Animals used in Testing, Research, and Training," available at http://grants.nih.gov/qrants/olaw/references/phspol.htm#USGovPrinciples. xxvii. The Recipient certifies that no Project Funds will be used on: a. Video surveillance or telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); b. Telecommunications or video surveillance services produced by such entities; c. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; or d. Other telecommunications or video surveillance services or equipment in violation of 2 CFR 200.216. xxviii. BABA. The Recipient acknowledges that funds received under this Agreement are subject to federal requirements, including the Build America Buy America (BABA) provisions of Public Law 117-58 (the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL), signed into law on November 15, 2021). Specifically, the Recipient shall ensure that, as these terms are defined within and made applicable by Public Law 117-58: (a) all iron and steel used in the Project are produced in the United States; (b) the manufactured products used in the Project are produced in the United States; and (c) the construction materials used in the Project are produced in the United States. Recipient represents that it has consulted with its counsel with respect to the application of these federal provisions. City Council Exhibit 24 — 53 11/15/2022 EXHIBIT D — SPECIAL CONDITIONS Technical: City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 42 of 49 Recipient shall submit a permit amendment application to the DDW Santa Ana District Office prior to operation no later than thirty (30) days prior to placing Well#32, associated Project's facilities, and equipment into service. Environmental: The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein: a. The Mitigation Monitoring and Reporting Program adopted by the City of Santa Ana on May 19, 2020 for the Project. The Recipient shall implement all mitigation measures therein. In the Recipient's Quarterly Reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient's compliance. In the Recipient's Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient's compliance. Executive Order N-6-22 — Russian Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State Water Board determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State Water Board shall provide Recipient advance written notice of such termination, allowing Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State Water Board. The Recipient represents that the Recipient is not a target of economic sanctions imposed in response to Russia's actions in Ukraine imposed by the United States government or the State of California. The Recipient is required to comply with the economic sanctions imposed in response to Russia's actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia- Ukraine-Executive-Order.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and- country-information/ukraine-russia-related-sanctions). The Recipient is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any other provision in this Agreement, failure to comply with the economic sanctions and all applicable reporting requirements may result in termination of this Agreement. For Recipients with an aggregated agreement value of Five Million Dollars ($5,000,000) or more with the State of California, reporting requirements include, but are not limited to, information related to steps taken in response to Russia's actions in Ukraine, including but not limited to: City Council Exhibit a4 — 54 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 43 of 49 1. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia; 2. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and 3. Direct support to the government and people of Ukraine. City Council Exhibit a4 — 55 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 44 of 49 EXHIBIT E — PAYMENT SCHEDULE See the attached preliminary Payment Schedule. The final Payment Schedule will be forwarded to the Recipient after all disbursements have been paid and construction of the Project has been completed. City Council 24 — 56 11/15/2022 Exhibit E EXHIBIT F — TAX CERTIFICATE F.1 Purpose. City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 45 of 49 The purpose of this Exhibit F is to establish the reasonable expectations of the Recipient regarding the Project and the Project Funds, and is intended to be and may be relied upon for purposes of Sections 103, 141 and 148 of the Code and as a certification described in Section 1.148-2(b)(2) of the Treasury Regulations. This Exhibit F sets forth certain facts, estimates and circumstances which form the basis for the Recipient's expectation that neither the Project nor the Bond Funded Portion of the Project Funds is to be used in a manner that would cause the Obligation to be classified as "arbitrage bonds" under Section 148 of the Code or "private activity bonds" under Section 141 of the Code. F.2 Tax Covenant. The Recipient agrees that it will not take or authorize any action or permit any action within its reasonable control to be taken, or fail to take any action within its reasonable control, with respect to the Project which would result in the loss of the exclusion of interest on the Bonds from gross income for federal income tax purposes under Section 103 of the Code. F.3 Governmental Unit. The Recipient is a state or local governmental unit as defined in Section 1.103-1 of the Treasury Regulations or an instrumentality thereof (a "Governmental Unit") and is not the federal government or any agency or instrumentality thereof. FA Financing of a Capital Project. The Recipient will use the Project Funds to finance capital expenditures it has incurred or will incur for the construction, reconstruction, installation or acquisition of the Project in accordance with the terms of this Agreement. Such expenditures shall not have previously been financed with the proceeds of any other issue of indebtedness except for interim financing by the Recipient, the date of maturity, prepayment or redemption of which is within thirty (30) days of the date of disbursement of Project Funds under this Agreement. All Project Funds shall be allocated to expenditures by the Recipient within thirty (30) days of the date of disbursement, including (if at all) Project Funds allocated to repay interim financing of the Recipient. For purposes of this Section F.4, "interim financing" means notes, commercial paper, loans, lines of credit and other forms of short- term borrowing. F.5 Ownership and Operation of Project. The Recipient exclusively owns and, except as provided in Section F.12 hereof, operates the Project F.6 Temporary Period. The Recipient reasonably expects that at least eighty-five percent (85%) of the Bond Funded Portion of the Project Funds will be allocated to expenditures for the Project within three (3) years of the earlier of the effective date of this Agreement or the date the Bonds are issued ("Applicable Date"). The Recipient has incurred, or reasonably expects that it will incur within six (6) months of the Applicable Date, a substantial binding obligation (i.e., not subject to contingencies within the control of the Recipient or a related party) to a third party to expend at least five percent (5%) of the Bond Funded Portion of the Project Funds on Project Costs. The completion of acquisition, construction, improvement and equipping of the Project and the allocation of the Bond Funded Portion of the Project Funds to Project Costs will proceed with due diligence. F.7 Working Capital. City Council Exhibit?4 — 57 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 46 of 49 No operational expenditures of the Recipient or any related entity are being, have been or will be financed or refinanced with Project Funds. F.8 Expenditure of Proceeds. The Bond Funded Portion of the Project Funds shall be used exclusively for the following purposes: (i) Reimbursement Expenditures (as defined in Section F.20 below), (ii) Preliminary Expenditures (as defined in Section F.20 below) in an aggregate amount not exceeding twenty percent (20%) of the Bond Funded Portion of the Project Funds, (iii) capital expenditures relating to the Project originally paid by the Recipient on or after the date hereof, (iv) interest on the Obligation through the later of three (3) years after the Applicable Date or one (1) year after the Project is placed in service, and (v) initial operating expenses directly associated with the Project in the aggregate amount not more than five percent (5%) of the Bond Funded Portion of the Project Funds. F.9 Private Use and Private Payments. No portion of the Project Funds or the Project is being, has been or will be used in the aggregate for any activities that constitute a Private Use (as defined below). No portion of the principal of or interest with respect to the Payments will be secured by any interest in property (whether or not the Project) used for a Private Use or in payments in respect of property used for a Private Use, or will be derived from payments in respect of property used for a Private Use. "Private Use" means any activity that constitutes a trade or business that is carried on by persons or entities, other than a Governmental Unit. The leasing of the Project or the access by or the use of the Project by a person or entity other than a Governmental Unit on a basis other than as a member of the general public shall constitute a Private Use. Use by or on behalf of the State of California or any of its agencies, instrumentalities or subdivisions or by any local Governmental Unit and use as a member of the general public will be disregarded in determining whether a Private Use exists. Use under an arrangement that conveys priority rights or other preferential benefits is generally not use on the same basis as the general public. Arrangements providing for use that is available to the general public at no charge or on the basis of rates that are generally applicable and uniformly applied do not convey priority rights or other preferential benefits. For this purpose, rates may be treated as generally applicable and uniformly applied even if (i) different rates apply to different classes of users, such as volume purchasers, if the differences in rates are customary and reasonable; or (ii) a specially negotiated rate arrangement is entered into, but only if the user is prohibited by federal law from paying the generally applicable rates, and the rates established are as comparable as reasonably possible to the generally applicable rates. An arrangement that does not otherwise convey priority rights or other preferential benefits is not treated, nevertheless, as general public use if the term of the use under the arrangement, including all renewal options, is greater than 200 days. For this purpose, a right of first refusal to renew use under the arrangement is not treated as a renewal option if (i) the compensation for the use under the arrangement is redetermined at generally applicable, fair market value rates that are in effect at the time of renewal; and (ii) the use of the financed property under the same or similar arrangements is predominantly by natural persons who are not engaged in a trade or business. F.10 No Sale, Lease or Private Operation of the Project. The Project (or any portion thereof) will not be sold or otherwise disposed of, in whole or in part, to any person who is not a Governmental Unit prior to the final maturity date of the Obligation. The Project will not be leased to any person or entity that is not a Governmental Unit prior to the final maturity date of the Obligation. Except as permitted under Section F.12 hereof, the Recipient will not enter any contract or arrangement or cause or permit any contract or arrangement to be entered with persons or entities that are not Governmental Units if that contract or arrangement would confer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts. F.11 No Disproportionate or Unrelated Use. City Council Exhibit?4 — 58 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 47 of 49 No portion of the Project Funds or the Project is being, has been, or will be used for a Private Use that is unrelated or disproportionate to the governmental use of the Project Funds. F.12 Management and Service Contracts. The Recipient represents that, as of the date hereof, it is not a party to any contract, agreement or other arrangement with any persons or entities engaged in a trade or business (other than Governmental Units) that involve the management or operation of property or the provision of services at or with respect to the Project that does not comply with the standards of the Treasury Regulations, or Revenue Procedure 2017-13, as applicable. The Recipient represents that it will not be party to any such contract, agreement or arrangement with any person or entity that is not a Governmental Unit for the management of property or the provision of services at or with respect to the Project, while the Obligation (including any obligation or series thereof issued to refund the Obligation, as the case may be) is outstanding, except: (a) with respect to any contract, agreement or arrangement that does not constitute "private business use" of the Project under Code §141(b), or (b) with respect to any contract, agreement or arrangement that complies with (i) Revenue Procedure 97-13, 1997-1 C.B. 632, as amended by Revenue Procedure 2001-39, 2001-2 C.B. 38, and as amplified by Notice 2014-67, with respect to contracts entered into before August 18, 2017 and not materially modified or extended after August 18, 2017, or (ii) Revenue Procedure 2017-13, with respect to contracts entered into or materially modified or extended on or after August 18, 2017, or (c) with respect to any contract, agreement or arrangement that does not give rise to use of the Bond Funded Portion of the Project Funds or the Project by a non -Governmental Unit of more than the amount of such non -qualified use permitted by the Code, or (d) in the event that the Recipient receives an opinion of counsel, satisfactory to the State Water Board and the Bank and expert in the issuance of state and local government bonds the interest on which is excluded from gross income under Section 103 of the Code ("Nationally -Recognized Bond Counsel'), that such contract, agreement or arrangement will not adversely affect the exclusion of the interest on the Obligation from gross income for federal income taxation purposes. F.13 No Disposition of Financed Property. As of the date hereof, the Recipient does not expect to sell or otherwise dispose of any portion of the Project, in whole or in part, prior to the final maturity date of the Obligation. F.14 Useful Life of Project. As of the date hereof, the Recipient reasonably expects that the economic useful life of the Project, commencing at Project Completion, will be at least equal to the term of this Agreement, as set forth in Exhibit A hereto. F.15 Payments Payments generally are expected to be derived from assessments, taxes, fees, charges or other current Revenues of the Recipient in each year, and such current Revenues are expected to equal or exceed the Payments during each payment period. Any amounts accumulated in a sinking fund or bona fide debt service fund to pay Payments (whether or not deposited to a fund or account established by the Recipient) will be disbursed to pay Payments within thirteen months of the initial date of accumulation or deposit. Any such fund used for the payment of Payments will be depleted once a year except for a reasonable carryover amount not exceeding the greater of earnings on such fund or one -twelfth of the Payments in either case for the immediately preceding year. F.16 No Other Replacement Proceeds. The Recipient will not use any of the Bond Funded Portion of the Project Funds to replace or substitute other funds of the Recipient that were otherwise to be used to finance the Project or which are or will be used to acquire securities, obligations or other investment property reasonably expected to produce a yield that is materially higher than the yield on the Bonds. F.17 No Sinking or Pledged Fund. City Council Exhibit?4 — 59 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 48 of 49 Except as set forth in Section F.18 below, the Recipient will not create or establish any sinking fund or pledged fund which will be used to pay Payments on the Obligation within the meaning of Section 1.148-1(c) of the Treasury Regulations. If any sinking fund or pledged fund comes into being with respect to the Obligation before the Obligation has been fully retired which may be used to pay the Payments, the Recipient will invest such sinking fund and pledged fund moneys at a yield that does not exceed the yield on the Bonds. F.18 Reserve Amount. The State Water Board requires that the Recipient maintain and fund a separate account in an amount equal to one (1) year of debt service with respect to the Obligation (the "Reserve Amount") as set forth in Exhibit B. The Recipient represents that the Reserve Amount is and will be available to pay debt service with respect to the Obligation, if and when needed. The Reserve Amount consists solely of revenues of the Recipient and does not include any proceeds of any obligations the interest on which is excluded from gross income for federal income tax purposes or investment earnings thereon. The aggregate of the Reserve Amount, up to an amount not exceeding the lesser of (i) ten percent of the aggregate principal amount of the Obligation, (ii) the maximum annual debt service with respect to the Obligation, or (iii) 125 percent of the average annual debt service with respect to the Obligation, will be treated as a reasonably required reserve fund. F.19 Reimbursement Resolution. The "reimbursement resolution" adopted by the Recipient is incorporated herein by reference F.20 Reimbursement Expenditures. Reimbursements are disallowed, except as specifically authorized in Exhibit B or Exhibit D of this Agreement. To the extent so authorized, a portion of the Bond Funded Portion of the Project Funds may be applied to reimburse the Recipient for Project Costs paid before the date hereof, so long as the Project Cost was (i) not paid prior to sixty (60) days before the Recipient's adoption of a declaration of official intent to finance the Project, (ii) not paid more than eighteen (18) months prior to the date hereof or the date the Project was placed -in-service, whichever is later, and (iii) not paid more than three (3) years prior to the date hereof (collectively, "Reimbursement Expenditures"), unless such cost is attributable to a "preliminary expenditure." Preliminary expenditure for this purpose means architectural, engineering, surveying, soil testing and similar costs incurred prior to the commencement of construction or rehabilitation of the Project, but does not include land acquisition, site preparation and similar costs incident to the commencement of acquisition, construction or rehabilitation of the Project. Preliminary expenditures may not exceed 20% of the Bond Funded Portion of the Project Funds. F.21 Change in Use of the Project. The Recipient reasonably expects to use all of the Bond Funded Portion of the Project Funds and the Project for the entire stated term to maturity of the Obligation. Absent an opinion of Nationally -Recognized Bond Counsel to the effect that such use of the Bond Funded Portion of the Project Funds will not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to Section 103 of the Code, the Recipient will use the Bond Funded Portion of the Project Funds and the Project solely as set forth in this Agreement. F.22 Rebate Obligations. If the Recipient satisfies the requirements of one of the spending exceptions to rebate specified in Section 1.148-7 of the Treasury Regulations, amounts earned from investments, if any, acquired with the Bond Funded Portion of the Project Funds will not be subject to the rebate requirements imposed under Section 148(f) of the Code. If the Recipient fails to satisfy such requirements for any period, it will notify the State Water Board and the Bank immediately and will comply with the provisions of the Code and the Treasury Regulations at such time, including the payment of any rebate amount calculated by the State Water Board or the Bank. F.23 No Federal Guarantee. City Council Exhibit?4 — 60 11/15/2022 City of Santa Ana Agreement No.: D2202003 Project No.: 3010038-003C Page 49 of 49 The Recipient will not directly or indirectly use any of the Bond Funded Portion of the Project Funds in any manner that would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code, taking into account various exceptions including any guarantee related to investments during an initial temporary period until needed for the governmental purpose of the Bonds, investments as part of a bona fide debt service fund, investments of a reasonably required reserve or replacement fund, investments in bonds issued by the United States Treasury, investments in refunding escrow funds or certain other investments permitted under the Treasury Regulations. F.24 Amendments. The provisions in this Exhibit may be amended, modified or supplemented at any time to reflect changes in the Code upon obtaining written approval of the State Water Board and the Bank and an opinion of Nationally - Recognized Bond Counsel to the effect that such amendment, modification or supplement will not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to Section 103 of the Code. F.25 Reasonable Expectations. The Recipient warrants that, to the best of its knowledge, information and belief, and based on the facts and estimates as set forth in the tax covenants in this Exhibit, the expectations of the Recipient as set forth in this Exhibit are reasonable. The Recipient is not aware of any facts or circumstances that would cause it to question the accuracy or reasonableness of any representation made in the provisions in this Exhibit. F.26 Assignment The Recipient consents to any pledge, sale, or assignment to the Bank or a trustee for the benefit of the owners of the Bonds, if any, at any time of any portion of the State Water Board's estate, right, title, and interest and claim in, to and under this Agreement and the right to make all related waivers and agreements in the name and on behalf of the State Water Board, as agent and attorney -in -fact, and to perform all other related acts which are necessary and appropriate under this Agreement, if any, and the State Water Board's estate, right, title, and interest and claim in, to and under this Agreement to Payments (but excluding the State Water Board's rights to Additional Payments and to notices, opinions and indemnification under each Obligation). City Council Exhibit?4 — 61 11/15/2022 California DWSRF Payment Schedule Project No. 3010038-003C - Santa Ana, City of Agreement: D2202003 - based on Actual + Projected Disbursements Well 32 Nitrate Treatment & Rehabilitation Ref Due Date Interest Num Date Received Principal Payment Rate% Interest Total P and I Total Ending CPI Payment Payment Payment Balance Interest Principal is paid over: 30 Years Interest rate: 1.10000% 6/30/2023 0.00 1.100 9,552.97 9,552.97 9,552.97 2,382,462.00 0.00 6/30/2024 0.00 1.100 0.00 0.00 0.00 4,161,473.00 0.00 6/30/2025 0.00 1.100 0.00 0.00 0.00 5,290,000.00 0.00 6/30/2026 149,795.04 1.100 58,190.00 207,985.04 207,985.04 5,140,204.96 0.00 6/30/2027 151,442.79 1.100 56,542.25 207,985.04 207,985.04 4,988,762.17 0.00 6/30/2028 153,108.66 1.100 54,876.38 207,985.04 207,985.04 4,835,653.51 0.00 6/30/2029 154,792.85 1.100 53,192.19 207,985.04 207,985.04 4,680,860.66 0.00 6/30/2030 156,495.57 1.100 51,489.47 207,985.04 207,985.04 4,524,365.09 0.00 6/30/2031 158,217.02 1.100 49,768.02 207,985.04 207,985.04 4,366,148.07 0.00 6/30/2032 159,957.41 1.100 48,027.63 207,985.04 207,985.04 4,206,190.66 0.00 6/30/2033 161,716.94 1.100 46,268.10 207,985.04 207,985.04 4,044,473.72 0.00 6/30/2034 163,495.83 1.100 44,489.21 207,985.04 207,985.04 3,880,977.89 0.00 6/30/2035 165,294.28 1.100 42,690.76 207,985.04 207,985.04 3,715,683.61 0.00 6/30/2036 167,112.52 1.100 40,872.52 207,985.04 207,985.04 3,548,571.09 0.00 6/30/2037 168,950.76 1.100 39,034.28 207,985.04 207,985.04 3,379,620.33 0.00 6/30/2038 170,809.22 1.100 37,175.82 207,985.04 207,985.04 3,208,811.11 0.00 6/30/2039 172,688.12 1.100 35,296.92 207,985.04 207,985.04 3,036,122.99 0.00 6/30/2040 174,587.69 1.100 33,397.35 207,985.04 207,985.04 2,861,535.30 0.00 6/30/2041 176,508.15 1.100 31,476.89 207,985.04 207,985.04 2,685,027.15 0.00 6/30/2042 178,449.74 1.100 29,535.30 207,985.04 207,985.04 2,506,577.41 0.00 6/30/2043 180,412.69 1.100 27,572.35 207,985.04 207,985.04 2,326,164.72 0.00 6/30/2044 182,397.23 1.100 25,587.81 207,985.04 207,985.04 2,143,767.49 0.00 6/30/2045 184,403.60 1.100 23,581.44 207,985.04 207,985.04 1,959,363.89 0.00 6/30/2046 186,432.04 1.100 21,553.00 207,985.04 207,985.04 1,772,931.85 0.00 6/30/2047 188,482.79 1.100 19,502.25 207,985.04 207,985.04 1,584,449.06 0.00 6/30/2048 190,556.10 1.100 17,428.94 207,985.04 207,985.04 1,393,892.96 0.00 6/30/2049 192,652.22 1.100 15,332.82 207,985.04 207,985.04 1,201,240.74 0.00 6/30/2050 194,771.39 1.100 13,213.65 207,985.04 207,985.04 1,006,469.35 0.00 6/30/2051 196,913.88 1.100 11,071.16 207,985.04 207,985.04 809,555.47 0.00 6/30/2052 199,079.93 1.100 8,905.11 207,985.04 207,985.04 610,475.54 0.00 6/30/2053 201,269.81 1.100 6,715.23 207,985.04 207,985.04 409,205.73 0.00 6/30/2054 203,483.78 1.100 4,501.26 207,985.04 207,985.04 205,721.95 0.00 6/30/2055 205,721.95 1.100 2,262.94 207,984.89 207,984.89 0.00 0.00 5,290,000.00 959,104.02 6,249,104.02 6,2499104.02 0.00 City Council 24 - 62 11/15/2022 Page 1 of 1 9/14/2022 Clerk of the Council Office www.santa-ana.org/clerk-of-the-council Item # 25 o`er City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Assembly Bill 361 AGENDA TITLE: Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 RECOMMENDED ACTION Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. DISCUSSION On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20, suspending certain provisions of the Brown Act to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom, with councilmembers and staff joining from remote locations when necessary. The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021. In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021. It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The City of Santa Ana's current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual legislative bodies can make their own findings for the AB 361 teleconferencing City Council 25 — 1 11/15/2022 Assembly Bill 361 November 15, 2022 Page 2 resolution for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re -visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually. Most recently, on November 1, 2022, the City Council adopted Resolution No. 2022- 087, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Norma Orozco, Acting Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 25 — 2 11/15/2022 RESOLUTION 2022-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361) WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the City Council of the City of Santa Ana, consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2022-004, 2022-015, 2022-021, 2022-026, 2022-033, 2022-037; 2022-043; 2022-050; 2022-063; 2022-070; 2022-073; 2022-077; and 2022-087 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19-1 and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e). Resolution 2022-XXX of 3 City Council 25 — 3 11/15/ NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows: SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana's City Council and each and every other legislative body of the City. SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361. SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council. SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval. ADOPTED this day of November, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By - John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution 2022-XXX Pag Clty ouncil 25 — 4 11/15/2022 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- to be the original Resolution adopted by the City Council of the City of Santa Ana on 12022. Date: Clerk of the Council City of Santa Ana Resolution 2022-XXX of 3 City Council 25 — 5 11/15/ Community Development Agency www.santa-ana.org/cd Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Downtown Santa Ana Business Improvement District 2023 Assessment Report and Budget to Levy an Annual Business License Tax Assessment AGENDA TITLE: Discuss and Provide Direction Regarding the Recommendation of the Community Development Commission to Dissolve the Downtown Santa Ana Business Improvement District or Adopt the Resolution of Intention to Levy 2023 Assessment for Downtown Santa Ana Business Improvement District RECOMMENDED ACTION Discuss the Downtown Santa Ana Business Improvement District and direct staff to either: 1. Approve the recommendation of the Community Development Commission (Commission) to dissolve the Downtown Santa Ana Business Improvement District (BID) and establish a time and place for a public hearing to be held by the City Council on December 20, 2022; or 2. Adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and establish a time and place for a public hearing to be held by the City Council on December 6, 2022. Community Development Commission At its regular meeting on October 26, 2022, by a vote of 6:0 (a Commissioner recused themself from voting on the matter and was not present in the Council Chamber during the vote), the Commission recommended to the City Council to dissolve the BID. The Commission complied with its duty as the advisory board pursuant to Streets and Highways Code section 36530, which is to make a recommendation to the City Council regarding the levy of assessments. Accordingly, the City Council may consider the recommendation of the Commission or the City Council may adopt the resolution of intention to levy an annual business license tax assessment for the 2023 calendar year and continue with the BID. Approval of the resolution of intention to levy an annual business license tax assessment will still require a public hearing where downtown merchants can vote against or speak in favor of the BID renewal. City Council 26-1 11/15/2022 Downtown Santa Ana Business Improvement District 2023 Assessment Report and Budget to Levy an Annual Business License Tax Assessment November 15, 2022 Page 2 Discussion On February 6, 1984, the City Council adopted Ordinance No. NS -1715 pursuant to state law, creating a Business Improvement District (BID) in Downtown Santa Ana. The BID functions similar to other business improvement districts, which is to provide an increase in services such as security, maintenance, marketing, and capital improvements that can enhance economic activity within a business area. The BID has created opportunities for the downtown business community to promote events, create promotional materials, increase the security presence, enhance maintenance of common areas, and implement streetscape improvements in Downtown Santa Ana. The BID is funded through an additional charge on the business license tax for those businesses within the BID boundary (Exhibit 2). The 2023 Assessment Report contains the basis and method of levying the assessment, estimated activities, and budgets from the two business associations —the Santa Ana Business Council and Downtown Inc. — and a map of the BID boundaries (Exhibit 1A). The Assessment Report presented for consideration and recommended for approval has been reviewed and was determined to meet state law requirements. If the City Council approves the report, the next course of action is to conduct a public hearing where downtown merchants can vote in favor or against the BID renewal. The Public Hearing is scheduled for December 6, 2022. If the BID is successfully renewed, each organization will receive approximately $100,000 (collected from the business license tax fee) per calendar year (January through December) and may carry over unspent funds into the next year. Downtown Inc. and the Santa Ana Business Council, have reported that they have hosted successful events such as Savor Santa Ana, which included over 40 participating restaurants and over 2,000 attendees. The organizations also contributed $20,000 to a dozen event producers to bring events to the downtown and $10,000 in micro -grants for pop-up businesses and small events throughout the year. Both organizations continue to increase their social media presences and have over 50,000 followers. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no direct fiscal impact associated with this action. The City collects the BID revenue from businesses within the BID boundary and distributes funding to each organization, in accordance with approved operating agreements. Revenues will be deposited equally in the BID Trust and Agency Fund and distributions to each organization will be made from the same accounts as detailed in the following table: City Council 26 — 2 11/15/2022 Downtown Santa Ana Business Improvement District 2023 Assessment Report and Budget to Levy an Annual Business License Tax Assessment November 15, 2022 Page 3 Fiscal Year Accounting Fund Description Accounting Unit, Estimated Unit -Account Account Description Amount FY 22-23 09301001- Business Improvement Trust & Agency, $50,000 (Jan. — June) 24036 District Downtown Inc. FY 22-23 09301001- Business Improvement Trust & Agency, Santa $50,000 (Jan. — June) 24043 District Ana Business Council FY 23-24 09301001- Business Improvement Trust & Agency, $50,000 (July — Dec.) 24036 District Downtown Inc. FY 23-24 09301001- Business Improvement Trust & Agency, Santa $50,000 (July — Dec.) 24043 District Ana Business Council Total Amount $200,000 EXHIBIT(S) 1. 2023 Assessment Report a. Attachment A— Business Improvement District Boundary b. Attachment B — 2023 Annual Assessment Formula c. Attachment C — Proposed Budget Summary 2. List of Businesses within the BID 3. Resolution — Declaring Intention to Levy Assessment Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 26 — 3 11/15/2022 EXHIBIT 1 -ATTACHMENT A DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2023 ASSESSMENT REPORT Background On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36500, et seq., of the 1979 State of California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC, now known as the Community Development Commission (CDC) is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget). The BID was established as a means of providing the Downtown business community with the funding to promote the Downtown through events and advertising pieces; funding to increase security and enhance the overall aesthetics of the area; and also to maintain the downtown shopping corridors. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 500 retail, service, and professional members (see Exhibit 2). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and/or sales volumes of the business (see Attachment A). 2022 Budaet Plan Based on the feedback from the two Associations, Downtown Inc. and the Santa Ana Business Council, the 2023 BID Budget focuses on the continuation of promotions and marketing of the BID. Some of the promotion and marketing will be focused on Downtown events and advertising pieces, which are all designed to enhance the overall aesthetics of the area and also to maintain the downtown shopping corridors. Detailed breakdowns of the two groups' budgets are attached (Attachment B). The assessments from the 2023 BID are estimated at $200,000 to be split evenly by Downtown Inc. and the Santa Ana Business Council —the two business groups that have spearheaded this BID process. Any remaining funds from the previous year will be incorporated into a reserve fund for the groups' 2023 budgets. This reserve funding may be used for additional events and promotions throughout the year. In 2022, the two representative business associations are proposing to host several events, some special events may be virtual (pending COVID-19 regulations for special events), promotion of outdoor dining and retail sales, and general promotion and marketing of the Downtown, as well as some traditional annual events that will be safe for community members to attend, including: BID -FUNDED OR PARTLY BID -FUNDED ACTIVITIES ADMINISTRATION • Coordination of the BID including maintaining the interconnectivity and infrastructure, collectivizing downtown efforts, program and project management, and supporting downtown's role as a vital community, cultural and economic engine MARKETING PROGRAMS • Weekly Newsletter • Sp&AR�P&oi AFcounts san a na, a e ro 4 11 /15/2022 • Videos and Photos to catalogue and promote downtown ORGANIZATION • Business Meetings (Restaurant Assoc., Bridal Assoc., Board and Merchant Meetings) • Resident Mixers, Business and Arts Mixers • Membership and Training with National Downtown, Main Street and Placemaking Networks • Community Involvement/Engagement • Support for third -party event producers TECHNOLOGY • Downtown Websites • Software Licenses • Emailing Services • Online Forms/Storage/Media Services • Artists Registry SOME SUPPORT FOR THE FOLLOWING EVENTS • First Saturday Artwalk (10x-12x per year) • Boca de Oro: Festival of Arts and Literacy • Sponsorships for Downtown Businesses, Creatives and Residents to Activate Public Spaces ACTIVITIES WE PARTNER WITH, FUNDRAISE FOR, OR THAT REQUIRE ADDITIONAL FUNDING ANNUAL EVENTS • Boca de Oro: Literary, Visual and Performance Arts Festival • Annual Gathering and Mixer • Savor Santa Ana • OC Pride • Viva La Vida • Tamalada • Pozolada MONTHLY EVENTS • First Saturday Artwalk Expansion, Free Art Workshops and Music • Witches Brew (2nd St Promenade) • Kids Corner at Calle Cuatro Plaza • Sidewalk Sales (Bi-monthly: 1st and 3rd Weekend of the Month) • Amigas Social Club Business Mixers and Professional Development Workshops • Movies in the Park (Parks & Recreation) WEEKLY EVENTS • Dancing in the Streets (Salsa, Cumbia, Tango, Bachata) SEASONAL PROMOTIONS • Black Friday/Small Business Saturday • Turkey and Ham Giveaway (Thanksgiving) Other programming for the associations will include ongoing social media marketing, funding for the Downtown Restaurant Association, Bridal Association, Art Association, Professional Internship Programs, downtown stakeholder meetings, holiday promotions, website development and maintenance, and ongoing support for small businesses. City Council 26 — 5 11/15/2022 EXHIBIT 1 -ATTACHMENT A BUSINESS IMPROVEMENT DISTRICT BOUNDARY i i ❑=a ❑ CIVIC CENTER DR W � � �:4� a ago L3a NntM1 t S pvw art Cm4d Justice �p,QQ cm� 13 ^ CIVIC CEO t�Admn"�,ti� SWmical forty a� gnL 4sa Nr 0 W SANTAANABLVD E3ANTAANAHLVD EsrHsT W a 3 W 5TH ST E 5TH ST E STH ST �❑ ❑ 0�0 2 W SANTA ANA BLVD w 4TH sr E 4TH ST E 4TH ST w are o sT w aNv ST E aNv sr a a�❑ m wzxoST x ❑iD i W 1STST C E 15T ST v �g R!7 00 n w Santa Ana Business Improvement District OBIoBoundary City Council 26 - 6 11/15/2022 EXHIBIT 1 —ATTACHMENT B 2023 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District (BID), classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one -quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses within the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. City Council 26 — 7 11/15/2022 EXHIBIT 1 - ATTACHMENT C DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) 1 of 2 Budgets DOWNTOWN INC BID BUDGET 2023 Expenditure Plan Examples Corrtra=rs DireMr- Ryan Srndar Admin Staff- Jose Rant SE.&)') Instwance Crf ke SupplierdTee Communication Meeti Marke4ngfPramDUans! Dues & Subscriptions Audit Jfiinancial Reports Miser Expenses City ,§`EIMElURSEMENT GoApps Gmass Adobe NDunrpcject Maildrinp Drapbox Artists Registry.'Membership WDrlrs Jain by Text Web HDstingWeeblyKbJm dyn'AcUwe Doman Stack PhongraphyMeSigns Weekly NewslettEv- Sara Mar" Social Media - Raben Cxrittiffe Graphic DesigruVideosPhMoshoas TearmfCoordination Meetings Board Meetings Artist Mixers Resident Mixers and Comm&nrty Meer. -; Annual Business Lunch Artwalk Holiday Events & Festivals Santa Ana Media Summit Branded Materials District Banners 3 S�pnage CDnkterr*s UnI ire nte^Lational Downb wn Asscd3ftn Usher Professional Assaciatians'Fees.'Membemhips AommRant Tax Retum Field Expenses, Contingencies- 4.'nexpecled Operational Costs, Maintenanve, Supplies Scissors, Tape, Yip Ties, Batteries, Stamps, Weights, Water for Volunteers, etc 9A—A SSv] $120 $60C $40 $1.200 $200 w0 040 $60C $150 $6.1000 $7,200 $3,000 S750 Sd00 $800 $700 $600 $10.000 12.000 11.500 $600 $90C $1.000 $210 Sd00 $600 $1,500 5750 022 EXHIBIT 1 - ATTACHMENT C DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) 2 of 2 Budgets SANTA ANA BUSINESS COUNCIL- BID Funds 2023 January 1 through December 31, 2023 Cate cries Projected txpenses BUDGET C�ntra�ihors _ Director -Madeleine Spenser 52,000_Q0 Diamond Heart Enterprises Marketing Social medio C-oordinator {Claudia Naffo� $ 28,600.00 Event Coordinator Procurement speci❑llist, Stock photogrophy Graphic Design Videos Photoshoots Administrative Staff Yolnndo Arallono (Bookeeping) 5,000m oricelo Vela $ 2.500-DO Event Space Curator Posters BisMbutions Mlscelaneous Reliance Payroll (Payroll taxes) $ 1,500-GAD Relionce Payroll (Poyroll Services) 400,00 Contracted Services -c)x RP -um AccovMont Services 2,500.00 City Everts Permits $ 5,000.00 lw,rance General $ 1,450.00 Office Adminlstrafian Web Domain & Hosting 400,00 Office Supplies $ 100.00 Bre-akfast with the Councilmen and $ 550.00 Downtown Merchants Meetings Toftl $ 1()Q,t]1]1DD City Council 26 — 9 11/15/2022 DATA AS OF 10/10/2022 Number Business Name Intent to Levy BID Assessment List Business Address EXHIBIT 2 BID Area BID Eligible Weighted Protest Value (% of 100% Total) 1 PEP BOYS, THE-MANNY/MOE/JACK 110 E 1ST ST Yes Yes 0.004639 2 ADVANCE AUTO PARTS #8789 120 E 1ST ST Yes Yes 0.000669 3 PEP BOYS AUTO SERVICES & TIRES 120 E 1ST ST Yes Yes 0.000811 4 SANTA ANA EXPRESS CAR WASH 202 E 1ST ST Yes Yes 0.003832 5 NUNEZ AUTO REPAIR 219 E 1ST ST Yes Yes 0.001001 6 PURPLE PENUMBRA LLC 224 E 1ST ST Yes Yes 0.000180 7 ABBA AUTOMOTIVE, LLC 224 E 1ST ST Yes Yes 0.001532 8 MCDONALDS RESTAURANT 301 E 1ST ST Yes Yes 0.012548 9 MCDONALD'S USA LLC 301 E 1ST ST Yes Yes 0.000573 10 SAINTS SOCCER CLUB (SANTA ANA HS GIRLS SOCCER) 301 E 1ST ST Yes Yes 0.000742 11 GO USED TIRES 302 E 1ST ST Yes Yes 0.002544 12 THEO HOLDINGS, LP 302 E 1ST ST Yes Yes 0.000175 13 ROIC SANTA ANA, LLC (301, 307, 407, 419, 423, 431) 307 E 1ST ST Yes Yes 0.001581 14 FARMACIA SANTA ANA 307 E 1ST ST UNIT# 1-D Yes Yes 0.003460 15 JUGOS ACAPULCO #2 INC 307 E 1ST ST UNIT# A Yes Yes 0.005453 16 KALI BOTANICA LATINA 312 E 1ST ST Yes Yes 0.000446 17 FOOD 4 LESS 382 315 E 1ST ST Yes Yes 0.057711 18 ACE AUTO CARE, LLC 401 E 1ST ST Yes Yes 0.001435 19 SUPER KIDS DENTAL 407 E 1ST ST UNIT# 2A Yes Yes 0.002075 20 CRICKET WIRELESS 407 E 1ST ST UNIT# 2C Yes Yes 0.000669 21 PROCESSING CENTER OF ORANGE COUNTY 407 E 1ST ST UNIT# 2E Yes Yes 0.001074 22 TACO BELL #3434 411 E 1ST ST Yes Yes 0.006430 23 MARSHALLS #1220 419 E 1ST ST Yes Yes 0.018266 24 PERONI PIZZA 200 W 1ST ST UNIT# 104 Yes Yes 0.003570 25 ANOTHER LEVEL SMOKE SHOP 200 W 1ST ST UNIT# 105 Yes Yes 0.000669 26 THE DMX MUSIC CENTER 200 W 1ST ST UNIT# 105 Yes Yes 0.000669 27 MOHALE, MICHA 210 W 1ST ST Yes Yes 0.000112 28 PROFESSIONAL SERVICES CENTER 210W1ST ST Yes Yes 0.000446 29 GONZALEZ AUTO INSURANCE SVCS 210 W 1ST ST Yes Yes 0.000980 30 BROADWAY FAMILY DENTISTRY 210 W 1ST ST Yes Yes 0.000816 31 NUTRITION TOTAL 210 W 1ST ST UNIT# 107 Yes Yes 0.001074 32 OMALEXA'S BEAUTY SALON 210 W 1ST ST UNIT# 108 Yes Yes 0.000575 33 HIMALAYAN THREADING SALON 210 W 1ST ST UNIT# 109 Yes Yes 0.000745 34 FLOR DE OAXACA 210 W 1ST ST UNIT# 111 Yes Yes 0.002249 35 COMERCIAL NUTRITION MEXICANA 210 W 1ST ST UNIT# 112-11 Yes Yes 0.000669 36 BEAUTY GLAM ACADEMY 210 W 1ST ST UNIT# 212 Yes Yes 0.000710 37 VHD CONSTRUCTION, INC. 210 W 1ST ST UNIT# 212 Yes Yes 0.000892 38 OASIS SPA 210 W 1ST ST UNIT# 213 Yes Yes 0.000742 39 TU CENTRO MOBILE 220 W 1ST ST UNIT# 101 Yes Yes 0.002764 40 CLINICA MEDICA MICHOACAN 220 W 1ST ST UNIT# 102 Yes Yes 0.000889 41 828 PHO 220 W 1ST ST UNIT# 103 Yes Yes 0.002139 42 BROADWAY ARCO/AFG HAN I FAMILY 302 W 1ST ST Yes Yes 0.009264 43 SANTA ANA SENIOR HOUSING LP 401 W 1ST ST Yes Yes 0.001953 44 MOHAMMAD, MOBIN & SINGH, DAVINDER 601 W 1ST ST UNIT# F101 Yes Yes 0.000056 45 GONZALEZ, ALFONSO & ALICIA 601 W 1ST ST UNIT# F105 Yes Yes 0.000056 46 TEKCHANDANI, NARAIN 601 W 1ST ST UNIT# F201 Yes Yes 0.000056 47 WU, HONG 601 W 1ST ST UNIT# F204 Yes Yes 0.000056 48 KIMBERLY ANNE LLC 611 W 1ST ST UNIT# E102 Yes Yes 0.000056 49 QIAO, LI Q (A109/E103) 611 W 1ST ST UNIT# E103 Yes Yes 0.000056 50 WU, HONG 611 W 1ST ST UNIT# E204 Yes Yes 0.000056 51 GAO, QUANYIN & YANG, ZUIRONG 621 W 1ST ST UNIT# D102 Yes Yes 0.000056 52 ALPHA STRUCTURAL, INC 104 W 2ND ST Yes Yes 0.000892 53 RUNNING WITH SCISSORS HAIR STUDIO 106 W 2ND ST Yes Yes 0.001362 54 SAINT CITY BARBERS LLC 151 W 2ND ST Yes Yes 0.000540 55 NOVEL IP 191 W 2ND ST Yes Yes 0.000742 56 JAY'S CATERING, INC. 207 W 2ND ST UNIT# A&B Yes Yes 0.003856 57 LOLA GASPAR RESTAURANT 211 W 2ND ST Yes Yes 0.002007 58 THE COURT AT ARTISTS VILLAGE 301 W 2ND ST Yes Yes 0.001915 59 CESAR MARTINEZ 301 W 2ND ST UNIT# 233 Yes Yes 0.000261 60 EVA'S BEAUTY SALON 103 E 3RD ST Yes Yes 0.000643 61 THE POINTE SHOP 200 E 3RD ST Yes Yes 0.003490 62 BUTTERFIELD, LEE C/ FESTIVAL 210 E 3RD ST Yes Yes 0.000221 63 TAPIA, CANDELARIO 216 E 3RD ST Yes Yes 0.000112 64 FESTIVAL HALL 220 E 3RD ST Yes Yes 0.002223 65 FESTIVAL HALL 220 E 3RD ST Yes Yes 0.000599 66 GILLY'S BARBERSHOP 109 W 3RD ST Yes Yes 0.000446 City Council 26 - 10 11/15/2022 67 CASA BLOOM STUDIOS 109 W 3RD ST Yes Yes 0.000452 68 FEATHER + MINK 170 W 3RD ST Yes Yes 0.000590 69 CAL TEAM CONSTRUCTION INC 190 W 3RD ST Yes Yes 0.000892 70 CALIFORNIA TEAM REALTY 190 W 3RD ST Yes Yes 0.000484 71 CEDELCO CONSTRUCTION 190 W 3RD ST Yes Yes 0.000892 72 ALFA INVESTMENTS & LOANS 190 W 3RD ST Yes Yes 0.001937 73 DOWNTOWN SUGAR 218 W 3RD ST Yes Yes 0.002031 74 SANDY'S BEAUTY SALON 305 W 3RD ST Yes Yes 0.000546 75 SANTOS PIZZA 307 W 3RD ST Yes Yes 0.000669 76 EL INDIO BOTANAS Y CERVEZA 309 W 3RD ST Yes Yes 0.007403 77 ACE MESSENGER & ATTORNEY SERVICE 310 W 3RD ST Yes Yes 0.000701 78 LAW OFFICES OFLOIDA D TELLEZ 315 W 3RD ST Yes Yes 0.000816 79 LAW OFFICES OF CHRISTOPHER P RUIZ 315 W 3RD ST Yes Yes 0.000816 80 HARRIS TAYLOR MANAGEMENT INC 315 W 3RD ST Yes Yes 0.001708 81 EAST SECOND STREET LLC 315 W 3RD ST Yes Yes 0.001309 82 MOJTAHEDI, MICHAEL LAW OFFICES 322 W 3RD ST Yes Yes 0.001476 83 REALSPEED 519 W 3RD ST Yes Yes 0.001177 84 CUSTOM FLOORING DESIGNED BY ARAEL 600 W 3RD ST UNIT# 117B Yes Yes 0.000596 85 G&R ELITE BUILDING MAINTENANCE 600 W 3RD ST UNIT# A1O1 Yes Yes 0.000487 86 CERRUTI-TIPITTO, PATRICIA 600 W 3RD ST UNIT# A118 Yes Yes 0.000056 87 J K L VICTORVILLE LLC 600 W 3RD ST UNIT# A210 Yes Yes 0.000056 88 LABRA, CLAUDIO 600 W 3RD ST UNIT# A216 Yes Yes 0.000056 89 CORDOVA, MARIANO (A219) 600 W 3RD ST UNIT# A219 Yes Yes 0.000056 90 PHAM, THOMAS 600 W 3RD ST UNIT# A305 Yes Yes 0.000056 91 CREEK ROSEDALE LLC 600 W 3RD ST UNIT# A306 Yes Yes 0.000056 92 DESAI M V (A310, C205) 600 W 3RD ST UNIT# A310 Yes Yes 0.000065 93 HX TOUZI SNA LLC 600 W 3RD ST UNIT# A311 Yes Yes 0.000056 94 MATINPOUR FAMILYTRUST 600 W 3RD ST UNIT# A318 Yes Yes 0.000056 95 SAN JUAN INVESTMENT CO, LLC (8106, B212) 600 W 3RD ST UNIT# B106 Yes Yes 0.000065 96 JIANG, YIHAI & SHI, RU 600 W 3RD ST UNIT# B108 Yes Yes 0.000056 97 FTI HOLDINGS, INC. (6109/6306) 600 W 3RD ST UNIT# B109 Yes Yes 0.000065 98 CHAHNOUI, MOHAMMED GHASSEMI 600 W 3RD ST UNIT# B113 Yes Yes 0.000056 99 ALAN MARTINEZ LAZARO 600 W 3RD ST UNIT# B114 Yes Yes 0.000261 100 HITCHENS, DEAN AND MARIA 600 W 3RD ST UNIT# B114 Yes Yes 0.000056 101 KATO, MAKOTO MARK 600 W 3RD ST UNIT# B201 Yes Yes 0.000056 102 WU, HONG (A122/A304/B208/C302) 600 W 3RD ST UNIT# B208 Yes Yes 0.000084 103 YANG, JENNY & YINGER, QIANG 600 W 3RD ST UNIT# B213 Yes Yes 0.000056 104 HANNA INTERPRETING SERVICES 600 W 3RD ST UNIT# B216 Yes Yes 0.000446 105 YANG, TONY & HOU, NANCY 600 W 3RD ST UNIT# B217 Yes Yes 0.000056 106 PACIFIC HEIGHT HOLDING CO, LLC 600 W 3RD ST UNIT# B221 Yes Yes 0.000056 107 HONG, ROBERTO 600 W 3RD ST UNIT# B3O1 Yes Yes 0.000056 108 DJ DEITII 600 W 3RD 5T UNIT# B3O9 Yes Yes 0.000299 109 JKL VICTORVILLE, LLC 600 W 3RD 5T UNIT# C103 Yes Yes 0.000056 110 HX TOUZI SNA LLC 600 W 3RD 5T UNIT# C202 Yes Yes 0.000056 111 JIANG, YIHAI 600 W 3RD ST UNIT# C206 Yes Yes 0.000056 112 KHORRAM, SHANIA/JAFERKHANI, MEHRI 600 W 3RD ST UNIT# C207 Yes Yes 0.000056 113 AZVES LLC 600 W 3RD ST UNIT# C304 Yes Yes 0.000056 114 CRYSTAL -MAKE UP STUDIO 102 E 4TH ST Yes Yes 0.000735 115 DORA ORLANDI VALUTA SANTA ANA 102 E 4TH ST Yes Yes 0.000678 116 ACAPULCO TRAVEL 102 E 4TH ST Yes Yes 0.000446 117 VALNER SERVICES 102 E 4TH ST UNIT# 2ND FL Yes Yes 0.001414 118 DENTAL4 102 E 4TH ST UNIT# 2ND FL Yes Yes 0.001262 119 YANEZ, RAUL 102 E 4TH ST UNIT# 2ND FL Yes Yes 0.000206 120 JOYERIA ACAPULCO 102 E 4TH ST UNIT# 2ND FL Yes Yes 0.000669 121 FOIGELMAN, NORBERT 104 E 4TH ST Yes Yes 0.000145 122 EL RINCON MEXICANO 104 E 4TH ST Yes Yes 0.001276 123 RASPADOS EL SUR 104 E 4TH ST UNIT# B-PE Yes Yes 0.002227 124 FRUTAS LA PLACITA 104 E 4TH ST UNIT# PE Yes Yes 0.002227 125 RHODES JEWELRY & LOAN 106 E 4TH ST Yes Yes 0.004454 126 YANEZ, RAUL & GILDA 108 E 4TH ST Yes Yes 0.000200 127 MI MODA 108 E 4TH ST Yes Yes 0.001602 128 HOLIDAY TRAVEL &TOURS 110E4TH ST Yes Yes 0.000558 129 NANA FASHION 110 E 4TH ST Yes Yes 0.002117 130 ANTIQUE TIME 110 E 4TH ST UNIT# 202 Yes Yes 0.000481 131 AV NAILS STUDIO & NAIL SUPPLIES 110 E 4TH ST UNIT# 203 Yes Yes 0.000446 132 ZULMA BEAUTY SALON 110 E 4TH ST UNIT# 205 Yes Yes 0.000467 133 VERONICA'S BRIDAL 110 E 4TH ST UNIT# 207 Yes Yes 0.000753 134 ATLAS JEWELRY 112E4TH ST Yes Yes 0.000709 135 ETERNA ILUSION 112 E 4TH ST Yes Yes 0.000673 136 NATURAL SUPPLEMENTS 112E4TH ST Yes I Yes 0.000770 137 R & Q ENTERPRISES, LLC 112 E 4TH ST Yes r Yes 0.000131 138 NINO'S BRIDAL COUTURE 114 E 4TH ST Yes Yes 0.000775 139 ITELASFABRIC 114 E4TH ST Yes Yes 0.000123 140 ITELASFABRIC 114 E4TH ST Yes Yes 0.000496 City Council 26 -11 11/15/2022 141 CEBALLOS, JOSE/AURORA 116 E 4TH ST Yes Yes 0.000142 142 ALVAREZ CHECK CASHING 116 E 4TH ST Yes Yes 0.000722 143 BOOST MASTER INC 116 E 4TH ST Yes Yes 0.001188 144 E.S. DOCUMENT SERVICES 116 E 4TH ST UNIT# F Yes Yes 0.000478 145 ORANGE GROVE LLC 116 E 4TH ST UNIT# H Yes Yes 0.000446 146 RUIZ PAWN SHOP 118 E 4TH ST Yes Yes 0.004454 147 STRAIGHT SHOT BARBERS 118 1/2 E 4TH ST Yes Yes 0.000513 148 YANEZ, RAUL (318 N BUSH) 120 E 4TH ST Yes Yes 0.000073 149 EL VAQUERO 120 E 4TH ST Yes Yes 0.002293 150 STUSSY 200 E 4TH ST Yes Yes 0.003407 152 EL PERRO PICANTE 201 E 4TH ST Yes Yes 0.000335 155 CZERO FOODS LLC 201 E 4TH ST Yes Yes 0.000502 151 K-BOP 201 E 4TH ST Yes Yes 0.000669 153 LEGGO'S KITCHEN 201 E 4TH ST Yes Yes 0.000335 154 FRESH N FIRE, LLC 201 E 4TH ST Yes Yes 0.000335 156 SNACK CHAMP 201 E 4TH ST Yes Yes 0.000669 157 BRYAN'S KITCHEN 201 E 4TH ST Yes Yes 0.000669 158 LA LA DUA 201 E 4TH ST Yes Yes 0.000669 159 LA VEGANA MEXICANA 201 E 4TH ST Yes Yes 0.001109 160 SALSA EL GUERO 201 E 4TH ST Yes Yes 0.000669 161 JUJU FOOD 201 E 4TH ST Yes Yes 0.000876 162 SEMILLA DE MAIS CATERING 201 E 4TH ST Yes Yes 0.000946 163 HERITAGE ROASTING COMPANY 201 E 4TH ST Yes Yes 0.000669 164 4th STREET MARKET 201 E 4TH ST Yes Yes 0.000669 165 RECESS BY PLAYGROUND 201 E 4TH ST Yes Yes 0.002011 166 DTSA SERVICES 201 E4TH ST Yes Yes 0.000918 167 CULTURE HOT SAUCE 201 E 4TH ST Yes Yes 0.000673 168 HUNGRY GOTYOU 201 E 4TH ST Yes Yes 0.000722 169 CULINARYLAB SPC 201 E 4TH ST Yes Yes 0.005132 170 OBLEA HUAUTLI 201 E 4TH ST Yes Yes 0.000669 171 ABBIE'S VEGAN PIZZA 201 E 4TH ST Yes Yes 0.000515 172 MIRACLE SOUL SPICE 201 E 4TH ST Yes Yes 0.000673 173 ALTA BAJA MARKET 201 E 4TH ST UNIT# 101 Yes Yes 0.002121 174 ELECTRIC CITY BUTCHER 201 E 4TH ST UNIT# 104 Yes Yes 0.000669 175 CHUNK-N-CHIP 201 E 4TH ST UNIT# 107 Yes Yes 0.001254 176 EAST END REALTY PARTNERS, LP 201 E 4TH ST UNIT# 109 Yes Yes 0.000687 177 DAILY KOMBUCHA 201 E 4TH ST UNIT# 109 Yes Yes 0.000938 178 GINA'S CREPES & WAFFLES 201 E 4TH ST UNIT# 121 Yes Yes 0.000502 179 DELI STATION 201 E 4TH ST UNIT# 126 Yes Yes 0.001369 180 IGOLDEN EATERY 201 E 4TH ST UNIT# 127 Yes Yes 0.002007 181 SHARINORI ON THE GO 201 E 4TH ST UNIT# 128 Yes Yes 0.000669 182 LOOSE LEAF BOBA COMPANY 201 E 4TH ST UNIT# 132 Yes Yes 0.000669 183 BURRITOS LA PALMA 201 E 4TH ST UNIT# 136 Yes Yes 0.001901 184 EAT GOOD FOOD MAR LLC 201 E 4TH ST UNIT# 137 Yes Yes 0.002504 185 FAKA'S ISLAND GRILL 201 E 4TH ST UNIT# 138 Yes Yes 0.002183 186 TUK TUK THAI STREET FOOD 201 E 4TH ST UNIT# 139 Yes Yes 0.001800 187 BANH XEO BOYS 201 E 4TH ST UNIT# 139 Yes Yes 0.000669 188 THE CHICKEN RICE 201 E 4TH ST UNIT# 139 Yes Yes 0.001373 189 NU NORMAL 202 E 4TH ST Yes Yes 0.000902 190 RIVAS FOOD 202 E 4TH ST UNIT# PE Yes Yes 0.002227 191 FGC EVENTS & MARKETING 204 E 4TH ST UNIT# A Yes Yes 0.000819 192 THE HEAVY 204 E 4TH ST UNIT# A8 Yes Yes 0.000446 193 GIANT WE TRUST 204 E 4TH ST UNIT# B Yes Yes 0.001097 194 M & H LATIN BUSINESS SERVICES 204 E 4TH ST UNIT# C Yes Yes 0.000446 195 DIJAN SKIN CARE 204 E 4TH ST UNIT# D Yes Yes 0.000857 196 CLUB DE NUTRICION DE HERBALIFE 204 E 4TH ST UNIT# G Yes Yes 0.000788 197 7:14 204 E 4TH ST UNIT# N Yes Yes 0.000560 198 HAIR BY COSMOGIRLL COLOR STUDIO 204 E 4TH ST UNIT# 0 Yes Yes 0.000335 199 THE GCS CLOTHING STORE 206 E 4TH ST UNIT# B Yes Yes 0.000742 200 RIF.00 208 E 4TH ST Yes Yes 0.000854 201 BAIT 210 E 4TH ST Yes Yes 0.000669 202 PHOUNSACK CHANTHAPANYA 216 E 4TH ST Yes Yes 0.000112 203 ALUMNI ADVOCATE ASSISTANCE 216 E 4TH ST UNIT# A Yes Yes 0.000446 204 CINCO ESTRELLAS SERVICES 216 E 4TH ST UNIT# A Yes Yes 0.000572 205 TOPAZ JEWELRY REPAIR 216 E 4TH ST UNIT# B Yes Yes 0.000519 206 THEMGOODS DISTRIBUTION, LLC 216 E 4TH ST UNIT# C Yes Yes 0.005068 207 COLLETIVE 219 E 4TH ST Yes Yes 0.000335 208 4TH STREET MARKET 219 E 4TH ST Yes Yes 0.000742 209 FAINBARG, ALLAN TR 219 E 4TH ST Yes Yes 0.000125 210 RIVAS FOOD 219 E 4TH ST UNIT# PE Yes I Yes 0.002227 211 DETENTION 220 E 4TH ST Yes r Yes 0.009340 212 SLUSHCULT 220E 4TH ST UNIT# 106 Yes Yes 0.002372 213 RANGEL, RAYMOND (300-308) 300 E 4TH ST Yes Yes 0.000255 214 LA MICHOACANA EXPRESS 1300 E 4TH ST UNIT# 101 Yes Yes 0.001840 City Council 26 - 12 11/15/2022 215 LOOSIES 300 E 4TH ST UNIT# 103 Yes Yes 0.001338 216 CONNATURA PRODUCTOS CAMACHO 300 E 4TH ST UNIT# 107 Yes Yes 0.000682 217 EAST END REALTY PARTNERS, LP 305 E 4TH ST Yes Yes 0.000500 218 TAQUERIAS GUADALAJARA REAL MEXICAN FOOD INC 305 E 4TH ST Yes Yes 0.004291 219 M. LOVEWELL LLC 305 E 4TH ST UNIT# 103 Yes Yes 0.001511 220 AS ISSUED/UNLISTED 305 E 4TH ST UNIT# 104 Yes Yes 0.003178 221 BIRD & BARREL 305 E 4TH ST UNIT# 105 Yes Yes 0.002227 222 FIN DU MONDE 305 E 4TH ST UNIT# 105 Yes Yes 0.000669 223 WURSTHAUS 305 E 4TH ST UNIT# 106 Yes Yes 0.003402 224 NATIVE SON ALEHOUSE 305 E 4TH ST UNIT# 200 Yes Yes 0.004560 225 RRWESTERNWEAR CASA DEL SOMBRERO INC 308 E 4TH ST Yes Yes 0.002861 226 RRANGO HATS 308 E 4TH ST Yes Yes 0.000669 227 COFFEE MUSE LLC 310 E 4TH ST Yes Yes 0.002210 228 QUERETARO CASTING & DESIGNER 312 E 4TH ST Yes Yes 0.001004 229 MEXICANA TRAVEL 312 E 4TH ST UNIT# A Yes Yes 0.000678 230 CATANO INSURANCE BROKERS 312 E 4TH ST UNIT# A Yes Yes 0.000719 231 AB COMPUTERS 312 E 4TH ST UNIT# B Yes Yes 0.000942 232 CEBALLOS, JOSE 314 E 4TH ST Yes Yes 0.000112 233 AMERICAN BROADBAND AND CABLE CORP. 314 E 4TH ST Yes Yes 0.000669 234 THEMIS MULTISERVICES 314 E 4TH ST Yes Yes 0.000631 235 JESSIKA ESTRADA 314 E 4TH ST UNIT# A Yes Yes 0.000197 236 DORA RODRIGUEZ 314 E 4TH ST UNIT# A Yes Yes 0.000132 237 GERARDO PADILLA 314 E 4TH ST UNIT# A Yes Yes 0.000132 238 SERVICENTRO 314 E 4TH ST UNIT# A Yes Yes 0.000446 239 MICELANIAS 314 E 4TH ST UNIT# B Yes Yes 0.000753 240 CHARLIE'S TATTOOS STUDIO INC. 316 E 4TH ST Yes Yes 0.000654 241 EAST END REALTY PARTNERS II, LP 316 E 4TH ST Yes Yes 0.000522 242 JUAN CARLOS BARRAGAN 316 E 4TH ST Yes Yes 0.000261 243 RYAN BROOME 316 E 4TH ST Yes Yes 0.000261 244 HENRY SANTOS 316 E 4TH ST Yes Yes 0.000261 245 ALEJANDRO BARRAGAN 316 E 4TH ST Yes Yes 0.000261 246 JAMES HAMPSHIRE 316 E 4TH ST Yes Yes 0.000261 247 CHARLIE'S TATTOO SUPPLIES CORP 318 E 4TH ST Yes Yes 0.001061 248 BARBER STRUT'S INC. 320 E 4TH ST UNIT# A Yes Yes 0.000446 249 AMERICAN BARBER SHOP DTSA / AMERICAN BARBER SHOP 320 E 4TH ST UNIT# A Yes Yes 0.000657 250 GON-REY LP 409 E 4TH ST Yes Yes 0.000112 251 NORTHGATE MARKET#8 409 E 4TH ST Yes Yes 0.033882 252 NORTHGATE FINANCIAL 409 E 4TH ST Yes Yes 0.002544 253 MERCADO, LYDIA MAE 410 E 4TH ST Yes Yes 0.000056 254 NGHIEM, MINH THU 450 E 4TH ST UNIT# 137 Yes Yes 0.000056 255 SAN JUAN INVESTMENT CO LLC (133, 134, 141,406,433) 450 E 4TH ST UNIT# 141 Yes Yes 0.000094 256 TAN, PAUL & JOYCE 450 E 4TH ST UNIT# 237 Yes Yes 0.000056 257 NGUYEN, HONORA 450 E 4TH ST UNIT# 240 Yes Yes 0.000056 258 RIJHWANI, ASHOK (242, 251, 311, 318) 450 E 4TH ST UNIT# 242 Yes Yes 0.000084 259 EONGRACIA LLC 450 E 4TH ST UNIT# 243 Yes Yes 0.000056 260 WILLIAMS, JOHN 450 E 4TH ST UNIT# 245 Yes Yes 0.000056 261 VAN VELDNE, LAMBERTUS & ELKE(247, 336) 450 E 4TH ST UNIT# 247 Yes Yes 0.000065 262 LEE, DR. YEE LEAN 450 E 4TH ST UNIT# 247 Yes Yes 0.000056 263 SHARMA, SUDHEEP 450 E 4TH ST UNIT# 337 Yes Yes 0.000056 264 501-511 ISIS LLC 450 E 4TH ST UNIT# 338 Yes Yes 0.000056 265 CHOUCHE, SILVANA 450 E 4TH ST UNIT# 347 Yes Yes 0.000056 266 PANDJI, EVELINA 450 E 4TH ST UNIT# 348 Yes Yes 0.000056 267 JAFARIMOJARROD, ELHAM LIVING TRUST 450 E 4TH ST UNIT# 438 Yes Yes 0.000056 268 OROZCO, JESUS A 450 E 4TH ST UNIT# 439 Yes Yes 0.000056 269 WAYY, BRIAN 450 E 4TH ST UNIT# 441 Yes Yes 0.000056 270 J K L VICTORVILLE LLC 450 E 4TH ST UNIT# 449 Yes Yes 0.000056 271 ADGER, JOHN THE JOHN ADGER TRUST 101 W 4TH ST Yes Yes 0.000282 272 FRUTAS LA PLACITA 101 W 4TH ST UNIT# PE Yes Yes 0.002227 273 SHOE PALACE #236 102 W 4TH ST Yes Yes 0.002645 274 MILLER-BURG-DUPONT, INC.(102-106) 106 W 4TH ST Yes Yes 0.000607 275 GLOBAL ENVIRONMENTAL NETWORK 106 W 4TH ST Yes Yes 0.000446 276 FAYE GEDIK PHOTOGRAPHY 106 W 4TH ST UNIT# 304 Yes Yes 0.000813 277 HANNAH MONROE PHOTOGRAPHY LLC 106 W 4TH ST UNIT# 304 Yes Yes 0.000446 278 RONIN MANAGEMENT GROUP, LLC 106 W 4TH ST UNIT# 510 Yes Yes 0.001784 279 PRETTY GREAT LLC 106 W 4TH ST UNIT# 515 Yes Yes 0.000669 280 CORTEZ CPA, P.C. 106 W 4TH ST UNIT# 600 Yes Yes 0.000742 281 VISIONEERING STUDIOS, INC 106 W 4TH ST UNIT# 600 Yes Yes 0.001775 282 VISIONEERING STUDIOS CONSTRUCTION, INC 106 W 4TH ST UNIT# 600 Yes Yes 0.000892 283 JR BEAUTY GURUS 108 W 4TH ST Yes Yes 0.002254 284 CHA, WON 108 W 4TH ST Yes Yes 0.000143 285 CONTINENTAL HALL 108 W 4TH ST UNIT# A Yes Yes 0.000519 286 BUFFCO INVESTMENTS, LLC. 109 W 4TH ST Yes Yes 0.000112 287 SOUTHWEST FAMILY 2004 TRUST 110 W 4TH ST Yes Yes 0.000145 288 LA MODA 110 W 4TH ST Yes Yes 0.001059 City Council 26 - 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INC 214 W 4TH ST Yes Yes 0.000172 360 ROBBINS, ROSALIND K (215-217) 21S W 4TH ST Yes Yes 0.000158 361 DISCREET LOVING 21S W 4TH ST Yes Yes 0.000669 362 MY DREAM BRIDAL BOUTIQUE 21S W 4TH ST Yes Yes 0.000687 363 THE NET BARBER SHOP 1217 W 4TH ST I Yes Yes 1 0.000575 City Council 26 - 14 11/15/2022 364 MKT.INC/METRO PCS 217 W 4TH ST Yes Yes 0.000669 365 THE HEAVEN SPOT 218 W 4TH ST Yes Yes 0.000669 366 CELENE'S BRIDAL 218 W 4TH ST UNIT# A Yes Yes 0.000753 367 THE PERFECT DAY 219 W 4TH ST Yes Yes 0.000968 368 FUR FRIENDS 219 W 4TH ST Yes Yes 0.000669 369 219 W 4TH ST TRUST 219 W 4TH ST Yes Yes 0.000114 370 HWANG, THOMAS D 220 W 4TH ST Yes Yes 0.000147 371 SHELSYES BRIDAL & PARTY PLANNERS 220 W 4TH ST Yes Yes 0.000788 372 AVA ENTERPRISES, LLC 221 W 4TH ST Yes Yes 0.000018 373 BARBERIA EL CATRIN 221 W 4TH ST Yes Yes 0.000555 374 CONSTANCIO SANCHEZ 221 W 4TH ST Yes Yes 0.000534 375 NIKOLAUS CORTEZ 221 W 4TH ST Yes Yes 0.000575 376 ABRAHAM ISRAEL GARCIA 221 W 4TH ST Yes Yes 0.000578 377 HOLIDAY TRAVEL & TOURS II 222 W 4TH ST Yes Yes 0.000590 378 BOTANICA LATINA 222 W 4TH ST Yes Yes 0.001056 379 ALFA INSURANCE SERVICES 222 W 4TH ST UNIT# A Yes Yes 0.000446 380 YESENIA ROCIO CASTRO FLORES 222 W 4TH ST UNIT# A Yes Yes 0.000261 381 MEDUSA'S BY JULIET BEAUTY SALON 222 W 4TH ST UNIT# A Yes Yes 0.000560 382 MY SPECIAL DAY 222 W 4TH ST UNIT# B Yes Yes 0.000709 383 FRUTAS ACAPULCO 222 W 4TH ST UNIT# PE Yes Yes 0.002227 384 TERESA'SJEWELERS 223 W 4TH ST Yes Yes 0.000669 385 VALLEJO, ANTONIO(223 W 4TH ST & 409 N BROADWAY ST) 223 W 4TH ST Yes Yes 0.001557 386 STARBUCKS COFFEE #8941 301 W 4TH ST Yes Yes 0.005581 387 PHILLIPS HUTTON PARTNERS LLC 301 W 4TH ST Yes Yes 0.000337 388 4TH & BROADWAY OZ SPE LLC (302-308) 302 W 4TH ST Yes Yes 0.000192 389 CARTER BOWL 302 W 4TH ST UNIT# PE Yes Yes 0.002227 390 PEER MENTAL WELLNESS 305 W 4TH ST Yes Yes 0.001188 391 KEBAB PLACE 306 W 4TH ST Yes Yes 0.001879 392 CERVECERIA SANTA ANA 307 W 4TH ST Yes Yes 0.002104 393 CHA, WON (310-318) 312 W 4TH ST Yes Yes 0.000125 394 U.S. FINANCING 314 W 4TH ST Yes Yes 0.000543 395 DOWNTOWN JEWELRY AND LOAN 314 W 4TH ST Yes Yes 0.004454 396 I -DELTA 316 W 4TH ST UNIT# 232 Yes Yes 0.000596 397 MONTE DE PIEDAD 318 W 4TH ST Yes Yes 0.000823 398 4th STREET THEATRE BLDG, LLC 324 W 4TH ST Yes Yes 0.000239 399 CAFE CULTURA: CONTERMPORARY MEXICAN CAFETERIA(A&B) 324 W 4TH ST UNIT# A Yes Yes 0.005440 400 GUNTHER'S 324 W 4TH ST UNIT# E Yes Yes 0.005731 401 MDL MARKETING 400 W 4TH ST Yes Yes 0.000335 402 PERLA MEXICAN CUISINE 400 W 4TH ST Yes Yes 0.001070 403 CAFE CITO 400 W 4TH ST Yes Yes 0.000669 404 THE COMB SALON 402 W 4TH ST Yes Yes 0.000675 405 BROADWAY IMPROVEMENT CO INC 404 W 4TH ST Yes Yes 0.000315 406 CAMPSITE MEDIA HOUSE 404 W 4TH ST UNIT# A Yes Yes 0.000446 407 ASAP LEGAL SOLUTION 404 W 4TH ST UNIT# B Yes Yes 0.004489 408 LOCKOUT MUSIC STUDIOS 404 W 4TH ST UNIT# B Yes Yes 0.000654 409 HAIR ATELIER BY KARLY GISELLE 404 W 4TH ST UNIT# E Yes Yes 0.000446 410 REED, KENNETH ALAN ATTY AT LAW 406 W 4TH ST Yes Yes 0.001335 411 YV DENTAL PRACTICE OF ORANGE COUNTY INC. 408 W 4TH ST Yes Yes 0.000889 412 CRAVE 410 W 4TH ST Yes Yes 0.004129 413 SIMPLE VENTURE LLC (410-412) 410 W 4TH ST Yes Yes 0.000368 414 SHOWTIME DANCE, INC. 410 W 4TH ST Yes Yes 0.000575 415 THE TOOTH TAILOR 412 W 4TH ST UNIT# 202 Yes Yes 0.000613 416 MIRIAM CARAVEO, RDHAP 412 W 4TH ST UNIT# 202 Yes Yes 0.000065 417 LIFT PROPERTY MANAGMENT, LLC 414 W 4TH ST Yes Yes 0.000370 418 I CAN BARBECUE SANTA ANA 414 W 4TH ST Yes Yes 0.002777 419 SHOFFNER, GARY E 414 W 4TH ST UNIT# A Yes Yes 0.000742 420 GOOD DAZE TATTOO 414 W 4TH ST UNIT# L Yes Yes 0.000555 421 PREMIERE ASSOCIATION MGMT 414 W 4TH ST UNIT# 0 Yes Yes 0.000446 422 LAVA KITCHEN AND BAR 416 W 4TH ST Yes Yes 0.001466 423 RAMONA BUILDING LLC (118-120) 118 W 5TH ST Yes Yes 0.000361 424 HIDDEN HOUSE COFFE HOUSE LLC 120 W 5TH ST UNIT# 100 Yes Yes 0.000669 425 SVN / VANGUARD 120 W 5TH ST UNIT# 210 Yes Yes 0.000446 426 FINANCIAL ADVOCATES, INC. 120 W 5TH ST UNIT# 220 Yes Yes 0.001781 427 LIBROMOBILE 222 W 5TH ST Yes Yes 0.000508 428 LOCKOUT MUSIC STUDIOS 224 W 5TH ST Yes Yes 0.000581 429 BROADWAY IMPROVEMENT CO (300-322) 306 W 5TH ST Yes Yes 0.000233 430 LOCKOUT MUSIC STUDIOS 310 W 5TH ST Yes Yes 0.001538 431 LOCKOUT MUSIC STUDIOS 312 W 5TH ST Yes Yes 0.000335 432 GYRO GUYS 318 W 5TH ST Yes Yes 0.000669 433 MILJUGOS 320 W 5TH ST Yes Yes 0.001646 434 THE ARMORY HALL 313 N BIRCH ST Yes Yes 0.000112 435 SHAFIR LAW, APC 313 N BIRCH ST UNIT# 100 Yes Yes 0.001262 436 GO RN, LLC 313 N BIRCH ST UNIT# 102 Yes Yes 0.030957 437 MORRISSEY ASSOCIATES, INC. 313 N BIRCH ST UNIT# 103 Yes Yes 0.003190 City Council 26 - 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REDFEATHER 419 N BROADWAY ST Yes Yes 0.000261 507 AARON TORRES 419 N BROADWAY ST Yes Yes 0.000261 508 LINDSEYCARMICHAEL 419 N BROADWAY ST Yes Yes 0.000261 509 MATTHEW RYAN HIGGINS 419 N BROADWAY ST Yes I Yes 0.000261 510 CHRISTOPHER MAGANA 419 N BROADWAY ST Yes r Yes 0.000261 511 MILES GLEASON 419 N BROADWAY ST Yes Yes 0.000261 512 PORT CITY TATTOO 419 N BROADWAY ST Yes Yes 0.000742 City Council 26 - 16 11/15/2022 513 TRUTH & ADVERTISING 454 N BROADWAY ST Yes Yes 0.005153 514 KC OF BROADWAY 518 N BROADWAY ST Yes Yes 0.000669 515 DOWNTOWN TIRES AND AUTO REPAIR 119 N BUSH ST UNIT# A Yes Yes 0.001034 516 SPEEDFORCE AUTO REPAIR 119 N BUSH ST UNIT# Al Yes Yes 0.000446 517 STANDARD REBUILDERS 119 N BUSH ST UNIT# B Yes Yes 0.001136 518 HID.N 204 N BUSH ST Yes Yes 0.001805 519 IAES GLOBAL INC 205 N BUSH ST Yes Yes 0.000446 520 SPLITENDS SALON 207 N BUSH ST Yes Yes 0.000446 521 PARLOR TATTOO PRINTS 209 N BUSH ST Yes Yes 0.000823 522 KICKER FISHING BRAND LLC 213 N BUSH ST Yes Yes 0.000669 523 IMAGE LAB 216 N BUSH ST Yes Yes 0.000446 524 S.M. DESIGN ASSOC., INC. 220 N BUSH ST Yes Yes 0.000910 525 RESIDENT VINYL 222 N BUSH ST Yes Yes 0.000669 526 FABYS WIGS 232 N BUSH ST Yes Yes 0.002086 527 BARBARINO, RICHARD 265 N BUSH ST Yes Yes 0.000056 528 PARKING CO OF AMER CAL 300 N BUSH ST Yes Yes 0.000452 529 LA CASA BLANCA BEAUTY SALON 300 N BUSH ST Yes Yes 0.000496 530 PARKING CO OF AMERICA/CAL 302 N BUSH ST Yes Yes 0.000120 531 ELMA'S BEAUTY SALON 308 N BUSH ST Yes Yes 0.000810 532 ELISA RADILLO TRUST (308,310,& 312) 308 N BUSH ST Yes Yes 0.000112 533 JALISCO BRIDAL FOTO & VIDEO 310 N BUSH ST Yes Yes 0.000687 534 LAS CASUELAS 312 N BUSH ST Yes Yes 0.000669 535 MUNCHIES OC LLC 313 N BUSH ST Yes Yes 0.004916 536 URBAN LIVING PROPERTIES, LLC 712 N BUSH ST Yes Yes 0.000076 537 CUSTOM AUTO SERVICE 302 N FRENCH ST Yes Yes 0.002077 538 LOCKOUT MUSIC STUDIOS(see #365597 & #380989) 320 N FRENCH ST UNIT# 200 Yes Yes 0.000446 539 LOCKOUT MUSIC STUDIOS(see #365597 & #380988) 320 N FRENCH ST UNIT# A Yes Yes 0.001144 540 DTSA SMOKE SHOP INC. 320 N FRENCH ST UNIT# B Yes Yes 0.000469 541 CHASE HOLDINGS L.P. 501 N FRENCH ST Yes Yes 0.000112 542 M & A GABAEE, A CAL LTD PTNERSHIP 102 N MAIN ST Yes Yes 0.000481 543 CVS/PHARMACY #9583 102 N MAIN ST Yes Yes 0.027460 544 RITE AID #5759 111 N MAIN ST Yes Yes 0.013565 545 SWINERTON BUILDERS 200 N MAIN ST Yes Yes 0.004897 546 THE GORDON PROFESSIONAL GROUP 217 N MAIN ST Yes Yes 0.000742 547 LAW OFFICES OF ERNESTO BARRETO, APC 217 N MAIN ST Yes Yes 0.000742 548 217 N MAIN IVESTMENTS, LLC 217 N MAIN ST Yes Yes 0.000112 549 450 ATTORNEY, APC 217 N MAIN ST Yes Yes 0.001188 550 HYDROLOGY GROUP, INC. 217 N MAIN ST UNIT# 115 Yes Yes 0.000816 551 SERRATO LAW FIRM, APC 217 N MAIN ST UNIT# 300 Yes Yes 0.003468 552 MIX MIX KITCHEN BAR 300 N MAIN ST Yes Yes 0.002676 553 3211 E MANDEVILLE, LLC 300 N MAIN ST Yes Yes 0.000307 554 DUEL, EBRAHIM 301 N MAIN ST Yes Yes 0.000260 555 MISSION BAR 302 N MAIN ST Yes Yes 0.000669 556 MISSION BAR 302 N MAIN ST Yes Yes 0.000299 557 OMAKASE BY GINO 304 N MAIN ST Yes Yes 0.003068 558 QUAN M. TRAN, O.D. OPTOMETRY 305 N MAIN ST Yes Yes 0.001188 559 MADLINE TATTOO 307 N MAIN ST Yes Yes 0.000446 560 THE OC BEAUTY LOUNGE 315 N MAIN ST Yes Yes 0.000593 561 ABM PARKING SERVICES 420 N MAIN ST Yes Yes 0.002785 562 WESTERN DENTAL SERVICES INC 500 N MAIN ST Yes Yes 0.004384 563 LOCKOUT MUSIC STUDIOS 501 N MAIN ST Yes Yes 0.001896 564 CROSSFIT DOWNTOWN SANTA ANA 503 N MAIN ST Yes Yes 0.001080 565 MARCO AVILA 503 N MAIN ST Yes Yes 0.000132 566 S A CLINICA MEDICA GENERAL 505 N MAIN ST Yes Yes 0.001857 567 MAIN ST PHARMACY 510 N MAIN ST Yes Yes 0.005533 568 McFADDEN PUBLIC MARKET 515 N MAIN ST Yes Yes 0.004322 569 515 N MAIN LLC 515 N MAIN ST Yes Yes 0.000223 570 TACOMPADRE 515 N MAIN ST UNIT# A Yes Yes 0.000669 571 MONGIELLO'S PIZZA AND WINGS 515 N MAIN ST UNIT# B Yes Yes 0.000669 572 MYMEN 515 N MAIN ST UNIT# B Yes Yes 0.000669 573 DOKUDAI RAMEN 515 N MAIN ST UNIT# B Yes Yes 0.000669 574 WINGS & BOWLS 515 N MAIN ST UNIT# C Yes Yes 0.000669 575 PL3R SYSTEMS, INC. (CHEBA) 517 N MAIN ST Yes Yes 0.000788 576 CLINICA MEDICA FAMILIAR DE SANTA ANA 517 N MAIN ST Yes Yes 0.002154 577 CAMINO NUEVO FAMILY HEALTH CLINIC 517 N MAIN ST UNIT# 100 Yes Yes 0.001408 578 SOUTH GATE ROSE PHARMACY INC 517 N MAIN ST UNIT# 101 Yes Yes 0.003512 579 RAPLISA MEDICAL MANAGEMENT, INC. 517 N MAIN ST UNIT# 200 Yes Yes 0.002993 580 MAIN OPTICAL 517 N MAIN ST UNIT# 201 Yes Yes 0.000842 581 SO CAL AUTO REGISTRATION 517 N MAIN ST UNIT# 220 Yes Yes 0.000446 582 ALLIANCE OF LATINO HEALTH SERVICES MED GROUP, INC 517 N MAIN ST UNIT# 220 Yes Yes 0.000742 583 CACERES, JULIO DDS 517 N MAIN ST UNIT# 300 Yes Yes 0.000889 584 AGUILAR, SERGIO DDS 522 N MAIN ST Yes Yes 0.000889 585 AQUEVEQUE, JOSE (& 109 W CAMILE) 520 N MAIN ST Yes Yes 0.000075 586 NUVIEW OPTOMETRIC CENTER 1520 N MAIN ST UNIT# 120 Yes Yes 0.000742 City Council 26 - 17 11/15/2022 587 APEX HOME HEALTHCARE SERVICES 520 N MAIN ST UNIT# 200 Yes Yes 0.006426 588 NEW FOUNDATION MEDICAL GROUP 520 N MAIN ST UNIT# 220 Yes Yes 0.002521 589 AMERICAN WEST HEALTHCARE SOLUTION 520 N MAIN ST UNIT# 220 Yes Yes 0.001385 590 APEX HOSPICE CARE, INC. 520 N MAIN ST UNIT# 250 Yes Yes 0.005933 591 APEX HOME CARE LLC 520 N MAIN ST UNIT# 250 Yes Yes 0.004043 592 THE BNS FUND, LLC 601 N MAIN ST Yes Yes 0.000261 593 IJACK IN THE BOX #3180 601 N MAIN ST Yes Yes 0.006783 594 MAINSPOT 618 N MAIN ST Yes Yes 0.000669 595 OXFORD MAIN ST LLC (618-630) 618 N MAIN ST Yes Yes 0.000112 596 OXFORD CONSTRUCTION 620 N MAIN ST Yes Yes 0.000892 597 SOUL ON FIRE DANCE 622 N MAIN ST Yes Yes 0.000490 598 MUUU MEAT SOLUTIONS 631 N MAIN ST Yes Yes 0.001580 599 POLADIAN, JACQUELINE 700 N MAIN ST Yes Yes 0.000204 600 SUBWAY # 63685 700 N MAIN ST Yes Yes 0.000669 601 7-ELEVEN STORE #37101A 700 N MAIN ST UNIT# B Yes Yes 0.003253 602 BURGER KING 4309 4916 701 N MAIN ST Yes Yes 0.005872 603 OC CENTER OF LEGAL SVCS 711 N MAIN ST Yes Yes 0.000742 604 KOCO SUSHI 715 N MAIN ST Yes Yes 0.001611 605 SOMBRERO STREET 719 N MAIN ST Yes Yes 0.003138 606 SANTA ANA HIGH SCHOOL CROSS COUNTRY 100 S MAIN ST Yes Yes 0.000742 607 100 SOUTH MAIN STREET LLC 100 S MAIN ST Yes Yes 0.000250 608 701 RESTAURANT & BAR 100 S MAIN ST Yes Yes 0.000669 609 FIRESTONE COMPLETE AUTO CARE #016748 101 S MAIN ST Yes Yes 0.004683 610 WNC REAL ESTATE PARTNERS LP 100 N ROSS ST Yes Yes 0.001944 611 S & P SERVICES 100 N ROSS ST UNIT# B135 Yes Yes 0.000150 612 EMILIO GONZALEZ PAINTING 300 E SANTA ANA BLVD UNIT# 214 Yes Yes 0.000534 613 PRECIOUS BREATH CPR 300 E SANTA ANA BLVD UNIT# 325 Yes Yes 0.000150 614 SANTA ANA CA II SGF LLC 200 W SANTA ANA BLVD Yes Yes 0.001703 615 THE REEVES LAW GROUP 200 W SANTA ANA BLVD UNIT# 600 Yes Yes 0.001408 616 BAG BY, GAJ DOS & ZACHARY, LLP 200 W SANTA ANA BLVD UNIT# 950 Yes Yes 0.002154 617 JA INSTITUTE OF BARBERING AND COSMETOLOGY 518 W SANTA ANA BLVD Yes Yes 0.000446 618 SA ATHLATIC CLUB 518 W SANTA ANA BLVD Yes Yes 0.000446 619 BEST CONSTRUCTION SERVICES, INC. 520 W SANTA ANA BLVD Yes Yes 0.000892 620 OC CIVIC CENTER DEVELOLPMENT LLC 550 W SANTA ANA BLVD Yes Yes 0.000220 621 ORANGE COUNTY REPORTER 600 W SANTA ANA BLVD Yes Yes 0.003244 622 CIVIC CENTER LLC 600 W SANTA ANA BLVD Yes Yes 0.001514 623 DANTE'S COFFEE AND TEA 600 W SANTA ANA BLVD UNIT# 100 Yes Yes 0.000731 624 SANTA ANA LEGAL SUPPORT, INC 600 W SANTA ANA BLVD UNIT# 101 Yes Yes 0.006218 625 Y SQUARE STUDIO, SANTA ANA 600 W SANTA ANA BLVD UNIT# 102 Yes Yes 0.000446 626 TASTY DISH CAFE 600 W SANTA ANA BLVD UNIT# 103 Yes Yes 0.000968 627 ITECHMATICS INC 600 W SANTA ANA BLVD UNIT# 106 Yes Yes 0.000446 628 PES-EBS, INC. 600 W SANTA ANA BLVD UNIT# 107 Yes Yes 0.000446 629 PES-EBS, INC. 600 W SANTA ANA BLVD UNIT# 108 Yes Yes 0.002482 630 PES-EBS, INC. 600 W SANTA ANA BLVD UNIT# 110 Yes Yes 0.000446 631 FREEDOM MAILBOX 600 W SANTA ANA BLVD UNIT# 114 Yes Yes 0.000558 632 AZ-U-KNSI MUSIC GROUP 600 W SANTA ANA BLVD UNIT# 114 Yes Yes 0.000446 633 JOSEPH E MARQUEZ, PHD 600 W SANTA ANA BLVD UNIT# 1140 Yes Yes 0.000742 634 DANIEL NUNEZ PSYD 600 W SANTA ANA BLVD UNIT# 1140 Yes Yes 0.000742 635 OC BUILDERS GROUP 600 W SANTA ANA BLVD UNIT# 114A Yes Yes 0.000892 636 ELYSIAN & COMPANY INC 600 W SANTA ANA BLVD UNIT# 115 Yes Yes 0.003046 637 ORANGE CREW INC 600 W SANTA ANA BLVD UNIT# 1160 Yes Yes 0.000446 638 LAW OFFICES OF STEPHEN J RIGGS 600 W SANTA ANA BLVD UNIT# 202 Yes Yes 0.000742 639 ZOOGABOOG 600 W SANTA ANA BLVD UNIT# 206 Yes Yes 0.000469 640 SUNCITY SOLAR RENEWABLE INC 600 W SANTA ANA BLVD UNIT# 214K Yes Yes 0.000446 641 CLINIC FOR HIM 600 W SANTA ANA BLVD UNIT# 520 Yes Yes 0.000446 642 CHOLULA PSYCHOLOGICAL SERVICES 600 W SANTA ANA BLVD UNIT# 530 Yes Yes 0.001931 644 BLAST ATHLETICS, LLC 600 W SANTA ANA BLVD UNIT# 705 Yes Yes 0.000446 643 BLAST PRODUCTS LLC 600 W SANTA ANA BLVD UNIT# 705 Yes Yes 0.000669 645 SUNNY HILLS MANAGEMENT CO. INC. 600 W SANTA ANA BLVD UNIT# 800 Yes Yes 0.001039 646 BETTER HEALTH NETWORK MANAGEMENT, INC. 600 W SANTA ANA BLVD UNIT# 802 Yes Yes 0.001643 647 LEGAL SUPPORT NETWORK, LLC 600 W SANTA ANA BLVD UNIT# 810 Yes Yes 0.000569 648 LAW OFFICES OF VIVIAN N. SZAWARC 600 W SANTA ANA BLVD UNIT# 814 Yes Yes 0.000962 649 ROSEN, MARK S - ATTORNEY 600 W SANTA ANA BLVD UNIT# 814 Yes Yes 0.000816 650 COUNTYWIDE SMART HOMES 600 W SANTA ANA BLVD UNIT# 900 Yes Yes 0.000446 651 ENCHANTED SAGA LLC 600 W SANTA ANA BLVD UNIT# 900 Yes Yes 0.000446 652 SEXY PHYSIQUE 600 W SANTA ANA BLVD UNIT# 900 Yes Yes 0.000487 653 UNLEASHED ORGANICS 600 W SANTA ANA BLVD UNIT# 900 Yes Yes 0.000810 654 LAW OFFICE OF RENEE GARCIA 600 W SANTA ANA BLVD UNIT# 910 Yes Yes 0.000742 655 MUNOZ & ASSOCIATES 600 W SANTA ANA BLVD UNIT# 910 Yes Yes 0.000889 656 LAW OFFICES OF MARK S. MARTINEZ 600 W SANTA ANA BLVD UNIT# 925 Yes Yes 0.001403 657 H&H LAW 600 W SANTA ANA BLVD UNIT# 950 Yes Yes 0.001188 658 SCHULMAN, THOMAS L 600 W SANTA ANA BLVD UNIT# 955 Yes Yes 0.000816 659 LAW OFFICE OF DEBORAH M. VASQUEZ 600 W SANTA ANA BLVD UNIT# 955 Yes Yes 0.000742 660 WEB GROUP CLUB, INC 600 W SANTA ANA BLVD UNIT# 960 Yes Yes 0.000446 City Council 26 - 18 11/15/2022 661 SPEECH & STUTTERING THERAPY, INC. 600 W SANTA ANA BLVD UNIT# 960 Yes Yes 0.000742 662 PACIFIC TECHOLOGY INDUSTRIES CO 600 W SANTA ANA BLVD UNIT# 960 Yes Yes 0.000446 663 CHLOE M. STATON TRUST (219 E 1ST ST) 116 N SPURGEON ST Yes Yes 0.000131 664 EAST END REALTY PARTNERS, LP 301 N SPURGEON ST Yes Yes 0.000197 665 EL MERCADO MODERN CUISINE 301 N SPURGEON ST Yes Yes 0.003107 666 KAIZEN SHABU 303 N SPURGEON ST Yes Yes 0.003869 667 THE YOST -1912 305 N SPURGEON ST Yes Yes 0.002430 668 YOST VENTURES 307 N SPURGEON ST Yes Yes 0.000669 669 GUS'S WORLD FAMOUS FRIED CHICKEN 102 N SYCAMORE ST Yes Yes 0.004802 670 CIART SALON 205 N SYCAMORE ST Yes Yes 0.000669 671 WESTCLIFF PROPERTIES 211 N SYCAMORE ST Yes Yes 0.000446 672 LIVE SCAN FINGERPRINTING 211 N SYCAMORE ST Yes Yes 0.000446 673 HICHMAN, ALEXANDER B. (221, 223, & 223 1/2) 221 N SYCAMORE ST Yes Yes 0.000075 674 JMACH INC 231 N SYCAMORE ST Yes Yes 0.000737 675 THE MOSS AGENCY, LLC 261 N SYCAMORE ST Yes Yes 0.003037 676 FTRE CA, INC 281 N SYCAMORE ST Yes Yes 0.000335 677 FAIR TRADE REAL ESTATE, INC. 281 N SYCAMORE ST Yes Yes 0.007212 678 CREACIONES ALEJANDRA FOTO ESTUDIO Y BRIDAL SHOP 318 N SYCAMORE ST Yes Yes 0.000739 679 ARIES BEAUTY SALON AND SUPPLY 320 N SYCAMORE ST Yes Yes 0.000449 680 LOMELI, ARTURO DDS 415 N SYCAMORE ST Yes Yes 0.001403 681 DIAMOND PARKING SERVICES LLC #SA01 416 N SYCAMORE ST Yes Yes 0.000672 682 VITARELLI 511 N SYCAMORE ST Yes Yes 0.000678 683 ESCAPE VR LLC 515 N SYCAMORE ST Yes Yes 0.000669 684 SONI, NEIL (701-703) 701 N SYCAMORE ST Yes Yes 0.000084 100% City Council 26 — 19 11/15/2022 EXHIBIT 3 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR THE YEAR 2023 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. By Ordinance No. NS-1715, adopted February 6, 1984, the City Council of the City of Santa Ana established the Downtown Santa Ana Business Improvement Area pursuant to sections 36500 et seq. of the California Streets and Highways Code; and B. As provided in Ordinance No. NS-1715, the City Council is authorized to levy an assessment in the following amounts for the improvements and activities of the Downtown Santa Ana Business Improvement Area: (a) For amusement services, pawnbrokers, service stations, retail sales of goods, hotels, motels, theaters, food establishments: an assessment in an amount equal to one and one-half (1.5) the annual business license fee. (b) For commercial and residential rental property: an assessment in an amount equal to one-fourth (0.25) the annual business license fee. (c) For all other businesses: an assessment in an amount equal to the annual business fee. Section 2. The improvements and activities for which the assessment revenues may be used in the Downtown Santa Ana Business Improvement District pursuant to Ordinance No. NS-1715 are as follows: (a) Decoration of any public place. (b) Promotion of public events. (c) Furnishing of music in any public place. Resolution No. 2022-XXX Page 1 of 3 City Council 26 — 20 11/15/2022 EXHIBIT 3 (d) The general promotion of business activities. Section 3. The Downtown Santa Ana Business Improvement District is located as shown on Attachment A to the Assessment Report, attached hereto as Exhibit 1 and incorporated herein by reference. Section 4. The Assessment Report is also on file with the Clerk of the Council to which reference may be made for a full and detailed description of the improvements and activities to be provided for the year 2023, the boundaries of the area, and the proposed assessments to be levied upon the businesses within the area for the year 2023. Section 5. A public hearing shall be held by the City Council at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California at its regular meeting of December 6, 2022, at 5:45 p.m., or as soon thereafter as the matter may be heard, for the purpose of determining whether to impose the above said assessment for the year 2023 for the improvements and activities described in the report. Section 6. At the public hearing, written and oral protests may be made in accordance with sections 36524 and 36525 of the California Streets and Highways Code. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the Clerk of the Council at or before the time fixed for the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2022-XXX Page 2 of 3 City Council 26 — 21 11/15/2022 EXHIBIT 3 ADOPTED this 15t" day of November, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: /a - Rya6 b. Hodge Assistant City Attorney AYES: NOES: Councilmembers Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on November 15, 2022. Date: Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 3 of 3 City Council 26 — 22 11/15/2022 EXHIBIT 3 EXHIBIT 1 -ATTACHMENT A DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2023 ASSESSMENT REPORT Background On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36500, et seq., of the 1979 State of California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC, now known as the Community Development Commission (CDC) is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget). The BID was established as a means of providing the Downtown business community with the funding to promote the Downtown through events and advertising pieces; funding to increase security and enhance the overall aesthetics of the area; and also to maintain the downtown shopping corridors. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 500 retail, service, and professional members (see Exhibit 2). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and/or sales volumes of the business (see Attachment A). 2022 Budget Plan Based on the feedback from the two Associations, Downtown Inc. and the Santa Ana Business Council, the 2023 BID Budget focuses on the continuation of promotions and marketing of the BID. Some of the promotion and marketing will be focused on Downtown events and advertising pieces, which are all designed to enhance the overall aesthetics of the area and also to maintain the downtown shopping corridors. Detailed breakdowns of the two groups' budgets are attached (Attachment B). The assessments from the 2023 BID are estimated at $200,000 to be split evenly by Downtown Inc. and the Santa Ana Business Council —the two business groups that have spearheaded this BID process. Any remaining funds from the previous year will be incorporated into a reserve fund for the groups' 2023 budgets. This reserve funding may be used for additional events and promotions throughout the year. In 2022, the two representative business associations are proposing to host several events, some special events may be virtual (pending COVID-19 regulations for special events), promotion of outdoor dining and retail sales, and general promotion and marketing of the Downtown, as well as some traditional annual events that will be safe for community members to attend, including: BID -FUNDED OR PARTLY BID -FUNDED ACTIVITIES ADMINISTRATION • Coordination of the BID including maintaining the interconnectivity and infrastructure, collectivizing downtown efforts, program and project management, and supporting downtown's role as a vital community, cultural and economic engine MARKETING PROGRAMS • Weekly Newsletter City Council 26 — 23 11/15/2022 EXHIBIT 3 • Social Media Accounts (@DtsantaAna, @CalleCuatroDTSA) • Videos and Photos to catalogue and promote downtown ORGANIZATION • Business Meetings (Restaurant Assoc., Bridal Assoc., Board and Merchant Meetings) • Resident Mixers, Business and Arts Mixers • Membership and Training with National Downtown, Main Street and Placemaking Networks • Community Involvement/Engagement • Support for third -party event producers TECHNOLOGY • Downtown Websites • Software Licenses • Emailing Services • Online Forms/Storage/Media Services • Artists Registry SOME SUPPORT FOR THE FOLLOWING EVENTS • First Saturday Artwalk (10x-12x per year) • Boca de Oro: Festival of Arts and Literacy • Sponsorships for Downtown Businesses, Creatives and Residents to Activate Public Spaces ACTIVITIES WE PARTNER WITH, FUNDRAISE FOR, OR THAT REQUIRE ADDITIONAL FUNDING ANNUAL EVENTS • Boca de Oro: Literary, Visual and Performance Arts Festival • Annual Gathering and Mixer • Savor Santa Ana • OC Pride • Viva La Vida • Tamalada • Pozolada MONTHLY EVENTS • First Saturday Artwalk Expansion, Free Art Workshops and Music • Witches Brew (2nd St Promenade) • Kids Corner at Calle Cuatro Plaza • Sidewalk Sales (Bi-monthly: 1st and 3rd Weekend of the Month) • Amigas Social Club Business Mixers and Professional Development Workshops • Movies in the Park (Parks & Recreation) WEEKLY EVENTS • Dancing in the Streets (Salsa, Cumbia, Tango, Bachata) SEASONAL PROMOTIONS • Black Friday/Small Business Saturday • Turkey and Ham Giveaway (Thanksgiving) Other programming for the associations will include ongoing social media marketing, funding for the Downtown Restaurant Association, Bridal Association, Art Association, Professional Internship Programs, downtown stakeholder meetings, holiday promotions, website development and maintenance, and ongoing support for small businesses. City Council 26 — 24 11/15/2022 EXHIBIT 3 EXHIBIT 1 —ATTACHMENT A BUSINESS IMPROVEMENT DISTRICT BOUNDARY F CIVIC CENTER DR W z s F z q E815f 9T � ��p.�E rm � pa„i trm Mm � � YF a c CIVIC CEO� Q F-1 . 0 W SANTAANABLVD E:SANTAANABtVD EiHS1-1 T;� v ee LU W 5TH ST F E STH ST E sTH IT m d7 2 = i - Ll Biitlng S U l W SANTA ANA BLVDz W 4TH ST E 4TH IT E 4TH ST w3RDST r W3RD 9T E3RD ST 3 °a Ie m I m IF W2NDST 0 H _ WISTST } EISTST Z 3 w x N q N q q m P� Santa Ana Business Improvement District =BID Boundary City Council 26 — 25 11/15/2022 EXHIBIT 3 EXHIBIT 1 —ATTACHMENT B 2023 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District (BID), classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one -quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses within the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. City Council 26 — 26 11/15/2022 EXHIBIT 3 EXHIBIT 1 - ATTACHMENT C DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) 1 of 2 Budgets City Council 26 — 27 11/15/2022 EXHIBIT 3 DOWNTOWN INC EWD BUDGET 3M Expenditure Plan Examples Contractors Direr -Ryan Snwlar $49.000 Admin Staff -Jose Rama $6.000 I nsurance S2.5oo Technalogy Goa* Apps 5360 Gmass $120 Adobe S600 NDunrpaject $40 Maild inp $1.200 Drapbax $200 Artis% Registry.'Membership WDrks S480 Jain by Text $240 Office Suppl ierdTechna1M Web Hastin&Wee 1pr-o Wdy!Auiwe Doman Koo COmmuni CatlOn Stack PhotagrwhyfDesgns $15C Weekly Newsletter- Sara k4wshal $6.1000 Social Media - Robert Guittienez $7,200 Graphic desigruVideosirPhatoshaats $3.06C MeetingsfStakehaider roups MarEeting PramauonsiEvents TeanJCcordinatm Meetings $750 Board Meetings S400 Artist Miners $800 Resident Mixers and C irn mm4 Meeti►gs $700 Annual Business Lunrh $600 Artwalk $10.000 Holiday Events & Festivals $2.000 Santa Ana Media Summit $1.500 Branded Materiih $600 District Bari nem.9 Signage $900 Training Conferences $1.000 OnI ne 5210 dues & Subsoriptions n%gnaimnal Downkmn Association $400 Other Professional AssDraitions'Fees'Membemhips $600 Audits.FinanoW Reports Miso Expenses Auxxntant $1.500 Tax Relum $750 Field Fxpenses, Contingencies, Unexpected Operational CDsr., Maintenance, Supplies Scissors, Tape, Zip Ties, Batteries, Stamps, Weights, Water for Volunteers, eta S67] -CITAL R=-IM6-R5Efti{ENT 1100.000 City Council 26 — 28 11/15/2022 EXHIBIT 3 EXHIBIT 1 - ATTACHMENT C DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) 2 of 2 Budgets SANTA ANA BUSINESS COUNCIL- BID Funds 202 January I through December 31, 2023 s Projected expenses BUDGET - C o nfrv# Director -Madeleine Spenser 52,000_00 Diamond Heart Enterprises _ Marketing Social Media Coordinator ICI❑udi❑ Naff❑ 28,600,00 Event Coofdir,oter Procurement speclolisi, Stock photography Graphic Design Videas PhotoS�+oots Administrative Staff Yolanda Areliano (Bookeepin ) ► ,000.00 maricelo vela 1500Z Event Space Curolol Posters Distil butyons Miscelansous Reliance Payroll (Payroll taxes) 1.500.00 Relionce Payroll (PoyraH Services) 400.00 Contracted Services Tax Refurn ,Account❑nt Services $ 2.MG.00 City Events Permits 5.000.00 insurance General $ 1.A50.00 Office Admin straffon Web Domain & Hosting $ 400.00 Office Supplies $ 100,00 Br akfast with the Councilmen and $ 550.04 Downtown Merchants Meetings Total 100,0w.0 City Council 26 — 29 11/15/2022 Police Department www.santa-ana.org/pd Item # 27 o`'r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Anti -Cruising Ordinance Informational Report AGENDA TITLE: Informational Report Relating to the City's Anti -Cruising Ordinance RECOMMENDED ACTION It is recommended that the City Council accept the informational report and consider one of the following options: 1. Direct staff to return to the City Council with additional information. 2. Leave the anti -cruising ordinance as is (i.e., make no changes to the Santa Ana Municipal Code relating to cruising).' 3. Direct staff to prepare an ordinance to repeal the anti -cruising ordinance. 4. Take no action. DISCUSSION At the July 19, 2022 meeting, Councilmembers Mendoza and Hernandez added the following councilmember requested item: Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Repealing the Anti -Cruising Ordinance and Establishing a Cruising Policy for Consideration by the City Council. There was consensus among the City Council to have the Police Department prepare an informational report relating to the City's anti -cruising ordinance, including options and a recommendation whether or not to repeal the City's regulations pertaining to motor vehicle cruising ("anti -cruising ordinance"). Overview of the City's Cruising Ordinance The City's anti -cruising ordinance (Exhibit 1) has been in place since 1989. Santa Ana has long been considered one of the most popular locations for cruising, attracting car clubs and enthusiasts from all over California. While cruising has been part of Santa Ana's rich history and culture, its effects have resulted in quality -of -life issues for residents and business owners alike —such as traffic congestion, noise, fighting, vandalism, damaging/defacing public streets, drinking, drug use, and violent crime. These issues are evidenced by complaints received by residents and businesses. City Council 27 — 1 11/15/2022 Anti -Cruising Ordinance Informational Report November 15, 2022 Page 2 Staff has observed that cruising escalates on major holidays, such as Easter Sunday, Cinco de Mayo, and other special days, such as days following major sporting events. The intensity of cruising and accompanying activities during major holidays and other special days exacerbate the adverse effects that accompany cruising. In response, the Santa Ana Police Department has historically staffed additional uniformed personnel on weekends for decades to keep cruising and related issues under control. Although the City's anti -cruising ordinance has been in place since 1989, cruising is still prevalent. Cruising and street takeovers share many characteristics and similarities. For example, cruising and takeovers often begin with meet -ups, also referred to as "park and chills" ("P/Cs"), at predetermined locations where the organizers might believe they will be met with the least amount of police presence and enforcement. At these P/Cs, attendees and spectators may take over parking lots and may often deface the surface with "burnouts", costing business owners repair costs and lost profits. The Police Department continues to experience problems with lowrider clubs that occupy shopping centers and parking lots where participants do "burnouts." In addition, it is common for participants to consume alcohol, litter, and loudly rev their engines to show off their exhaust systems, creating various problems for the area residents. These new types of events are typically promoted by social media platforms and the entertainment industry. Oftentimes, these events draw car enthusiasts and organizers from out of town. These effects are evidenced by observations by the Police Department and informed by complaints received by the public. During Intersection/Street Takeovers ("ITOs"), Street Racing ("S/R"), and Park and Chills ("P/Cs"), it is not uncommon to have significant intersections blocked by two to three hundred spectators watching vehicles doing "donuts." The spectators, often with violent behavior, serve as "blockers" to protect the drivers from the police while doing "donuts". These events often can have up to 500 vehicles that take over shopping centers and business complexes, with little to no benefit to surrounding businesses. These events often result in defaced surfaces with tire marks, along with numerous noise complaints from those activities. To the community's detriment, the transformation from cruising to the latest trend has intensified the same problems that communities have been experiencing for decades. To illustrate the effects of crusing and related activities, below is a sample list of recent, significant incidents that have occurred in Southern California: 1. "Two people were shot dead and five others wounded by gunfire at Los Angeles park on Sunday after shooting broke out at an informal car show in the community of San Pedro...." — Reuters 2. "Orange County Register editor killed in Santa Ana crash — Eugene Harbrecht was making a turn in his truck when a racing car slammed into it...." — Orange County Register City Council 27 — 2 11/15/2022 Anti -Cruising Ordinance Informational Report November 15, 2022 Page 3 3. "Driver gets one year in jail for Costa Mesa street takeover crash that killed cousin" — Orange County Register 4. "Woman injured in takeover crash on Anaheim Plaza Marketplace [Anaheim, CA]" — ABC7.com 5. "Teenager shot and killed during street takeover in Willowbrook" — Los Angeles Times 6. "Traffic deaths on the rise as pandemic eases; aggressive and distracted drivers on the road." — NHTSA Report For more information, these articles are attached to the staff report (Exhibits 2-7). Law Encorcement's Response to Cruising and Related Activities: STEARRD In response to this multi -faceted problem, Orange County's law enforcement agencies developed a comprehensive program, dubbed Strategic Traffic Enforcement Against Racing and Reckless Driving (or "STEARRD" for short). The Orange County District Attorney's Office has supported the program by being deeply involved and aggressively prosecuting violators engaged in this trend. As a result, these activities have reduced drastically. Since its inception in 2020, the STEARRD program has culminated in over 6,000 citations (2,575 issued by SAPD), nearly 300 vehicles impounded, 225 reckless driving and racing - related arrests, and 140 other arrests (10 gun arrests and 20 DUI arrests). These statistical data are not exclusive to intersections takeovers; they are extremely common at P/Cs as well. In addition, Police Department resources are often stretched to the limit to address a high volume of calls for service (CFS) for noise complaints, disturbance complaints, fighting, drug use, and other illegal -related acts attributable to ITOs, P/C, and S/R. Repeal of Cruising Laws in Other Cities: National City, CA Other municipalities that have similar anti -cruising ordinances have considered repealing the ordinance as well. In the case of National City in San Diego County, which also has an ordinance that bans cruising, their city recently implemented a pilot program to sanction cruising events for three months at the urging of lowrider groups. Below is an excerpt from the email response from a National City Police Department sergeant to the Police Department's request for feedback regarding their recent attempt to begin the repeal process (Exhibit 9): "The end result was the cruise was put on as planned and over 250 cars showed up to the event with more than 500 spectators. Businesses complained that spectators took over their parking lots without contributing to the business. Numerous vandalisms occurred to surrounding businesses, fights broke out, calls of 417 [firearms violations] came in and traffic was severely impacted well into 11 pm which was over 2 hours past the agreed upon time. City Council 27 — 3 11/15/2022 Anti -Cruising Ordinance Informational Report November 15, 2022 Page 4 The city council went back to the negotiation table with the low rider coalition and laid out a plan that would use police resources to provide extra security. There was a significant cost associated with the new permit rules up in the area of $15k. The coalition claimed the cost to put on a monthly cruise was too astronomical and went as far as reaching out to the media and making a statement that the City and the police department were trying to gouge the low rider coalition. " As observed in National City, the pilot program was not successful. Conclusion Legitimate and enjoyable social events, such as car shows, should be conducted in a permitted, lawful, and safe way. The Police Department's past experience, as informed by complaints from residents and businesses, has shown that cruising transforms into activities that adversely affect the quality -of -life of the community. The City's current anti - cruising ordinance, though infrequently used, has served as a policy that helps keep our streets safe. The Santa Ana Police Department advises strongly against the proposition to repeal the anti -cruising ordinance. 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. Santa Ana Ordinance Repealing SAMC Provisions regarding Cruising 2. ABC7.com article, dated July 24, 2022 3. Orange County Register article, dated July 30, 2020 4. Orange County Register article, dated August 10, 2021 5. Sweet Lawyers, Attorney at Law, dated October 22, 2020 6. LA Times article, dated August 16, 2022 7. NHTSA report dated 2021 8. Email from National City Police Department Sergeant 9. Draft Ordinance Repealing the anti -cruising ordinance for discussion only Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 27 — 4 11/15/2022 9119/22, 10:55 AM 2 dead, 5 injured after gunfire erupts near Peck Park in San Pedro - ABC7 Las Angeles ABC7 Eyewitness News 2 dead, 5 injured after gunfire erupts near Peck Park in San Pedro By ABC7,com staff via Sunday, July 24, 2022 EMBED — MORE VIDEOS Lq V a Two people were killed and five others injured when gunfire broke out at a park in San Pedro on Sunday, police say. SAN PEDRO, LOS ANGELES (KABC) -- Two people were killed and five others injured when WATCH Top Stories 1 shot during robbery in Encino, LAP.., 3 hours ago Queen Elizabeth II mourned by... 1 hour ago :- Mother shares warning after son overdos... OV4CA woman sentenced to 18 months f... 25 minutes ago How to watch 'DWTS' premiere... LOG IN https://abc7.com/sen-pedro-shooting-peck-park-car-show-lafdll 2070920/ 115 9119122, 10:55 AM 2 dead, 5 injured after gunfire erupts near Peck Park in San Pedro - Al Los Angeles Authorities later said two people had died at the hospital. The incident was reported at or near a car show at Peck Park, on N. Western Avenue just before 4 p.m. Police said although the shooting was in the vicinity of the show where hundreds of people had gathered, it did not appear the shooting happened at the show itself. Witnesses said hundreds of people were gathered for the car show and other activities around the park. When gunfire erupted, people immediately ran from the scene in terror. "All of a sudden we heard three shots - pow pow pow," said witness Dwayne Ellis. "Then we heard about 50 or too more -- pow pow, boom boom. All kinds of shots. People were running." Police say the incident began as a dispute between two people in the area of the baseball diamond at the park. They said it was not considered an active -shooter situation. Police are investigating the likelihood there was more than one shooter exchanging gunfire. The Los Angeles Fire Department said four males and three females were taken to local hospitals. Police cordoned off the area around the park as they investigated the shooting. Dramatic video shows powerful mudslide rushing past Forest Falls home 2 hours ago Pregnant Texas woman fatally shot 1 day before her baby shower 1 hour ago Jailed religious leader addresses followers from Los Angeles prison City Council 27 — 6 11 /15/2022 https:/Iabc7.com/san-pedro-shooting-peck-park-car-show-lafd/120709201 215 9/19/22, 10:55 AM 2 dead, 5 injured after gunfire erupts near Peck Park in San Pedro - ABC7 Los Angeles Information about the suspected shooters was not immediately available. Get ABC7 breaking news as it happens right in your inbox Sign up for our breaking newsletter Email Address* Name@emaildotcom Yes! I would like to receive the Breaking News/Live Video Alerts Newsletter. By creating an account, I agree to the Terms of Use and acknowledge that I have read the Privacy Policy and California Privacy Notice. Report A Correction Or Typo Cc tYhCb&kirABC Television, LLC. All rights reserved. 27 — 7 11 /15/2022 https:llabr-7.com/san-pedro-shooting-peck-park-car-show-Iafdl12070920/ 315 9/19/22, 11:51 AM Orange County Register editor killed in Santa Ana crash -- Orange County Register NEWS > CRIME AND PUBLIC SAFETY • News Orange County Register editor killed in Santa Ana crash Eugene Harbrecht was making a turn in his truck when a racing car slammed into it, police said. Two men were arrested on suspicion of vehicular manslaughter, one while being intoxicated. A man in his 60s died Thursday, July 30, after the truck he was driving was struck by a sedan racing another vehicle in Santa Ana. (Photo courtesy of the Santa Ana Police Department) • By ALMA FAUSTO I afausto@scng.com I Orange County Register • • RI 1R1 TCHFr)- liiiu -�n 7(19n nt -?•7ti n m I I IpnATFr)- Itik/ 7�1 7n?n at 7•R1 a m City Council 27 — 8 11 /15/2022 https://www.ocregister.com/2020107130/car-racing-in-santa-aria-street-strikes-passing-truck-killing-driver/ 1/7 9/19122, 11:51 AM Orange County Register editor killed in Santa Ana crash — Orange County Register A longtime Orange County Register editor died Thursday after his truck was hit by a BMW involved in a street race with another car, authorities said. Eugene Harbrecht, a Santa Ana resident, was 67 years old. He worked for the Register since March 1984, most recently as the national and international news ................ editor for the greater Southern California News Group. Gene Harbrecht The crash that resulted in his death happened at about 11:45 a.m. on Bristol Street and Santa Clara Avenue, said Santa Ana police Cpl. Anthony Bertagna. Related: Gene Harbrecht, a longtime Register editor, was a'newsman to his core` .............................................. -................... .......... Before the crash, witnesses reported that a silver BMW sedan and a dark colored Infiniti sedan were racing at high speeds northbound on Bristol Street. The BMW slammed into a Ford Ranger that was traveling southbound on Bristol and turning left on Santa Clara, Bertagna said. The impact pushed the truck about 60 feet into a fence where it started to catch fire. "There were two guys who live in the area that went and broke the window and pulled the victim out (of the truck)," Bertagna said. Officers arrived soon after and put out the fire with an extinguisher. Harbrecht was taken to UC Irvine Medical Center hospital, where he died. The Q) .d.- -C aL... ---:. nM1 Al AI....... :--I: --J ..-I,-_...- __-..JI-a.... City Council 27 — 9 11/15/2022 https://www.ocregister.coml2020107/30/car-racing-in-santa-ana-street-strikes-passing-truck-killing-driver/ 2/7 9/19/22, 11:51 AM Orange County Register editor killed in Santa Ana crash — Orange County Register Orange County Register editor Eugene Harbrecht. (Photo by Nick Koon, Orange County Register/SONG) The Infiniti involved in the race fled the scene, Bertagna said. A witness reported the sedan's license plate number to police, who found the car a few hours later and stopped it at a post office off First Street near Pacific Avenue. The driver was identified as Ricardo Tolento Navarro, 24, of Santa Ana, and taken into custody. He was booked into the Santa Ana Jail on suspicion of vehicular manslaughter. The crash knocked down wires and Bristol was closed from 17th Street to Memory Lane. Bertagna said police are seeing an uptick in street racing in recent months. This is the second fatality related to racing in the city this year. "We've always had street racing," he said. "We're seeing it more. People aren't working, they're at home, less cars on the road and I guess they decide to street race. But people lose their lives." d City Council 27 — 10 11 /15/2022 https:llwww.ocregister.com/2020107/3O/car-racing-in-santa-ana-street-strikes-passing-truck-killing-driver/ 317 9/19/22, 11:40 AM Driver gets 1 year in jail for Costa Mesa street takeover crash that killed cousin — Orange County Register NEWS CRIME AND PUBLIC SAFETY • News Driver gets 1 year in jail for Costa Mesa street takeover crash that killed cousin Costa Mesa Police Department Major Accident investigation Team (MATT) work scene of an early morning fatal accident at the intersection of Sunflower Avenue and Hyland Avenue in Costa Mesa Thursday morning ,October 22, 2020. (Photo by Richard Koehler, Contributing Photographer) By SEAN EMERY I semery@scng.cam i Orange County Register PUBLISHED: August 10, 2021 at 1:47 p.m. I UPDATED: August 10, 2021 at 2:07 p.m. Over objections from prosecutors, a driver who pleaded guilty to vehicular manslaughter for a crash that killed his cousin and injured two bystanders during a street takeover in Costa Mesa was sentenced to one year in jail and then quickly freed after receiving credit for time served while awaiting trial. Mynor Augusto Esquivelvalle spent less than a year behind bars following his arrest for the Oct. 22, 2020 rollover crash that took the life of his cousin, 23-year-old Sergio Marroquin, jr. Esquivelvalle last week agreed to a judge's offer requiring he plead guilty to felony vehicular manslaughter with gross negligence and reckless driving causing injury charges, as well as admit to a sentencing enhancement for inflicting great bodily injury, court records show. Orange County Superior Court judge Andre Manssourian sentenced Esquivelvalle to one year in jail and three years probation. After • • receiving more than a year's worth of credit for time served behind bars while awaiting trial, Esquivelvalle was immediately released, City Council 27 —11 11 /15/2022 httpsJlwww.ocregister.com/2021/08/10/driver-gets-1 -year-in jail -far -street -takeover -crash -that -killed -his -cousin/ 1 %6 9119122, 11:40 AM Driver gets 1 year in jail for Costa Mesa street takeover crash that killed cousin — Orange County Register Had he been convicted at trial, the vehicular manslaughter charge alone would have carried a potential six -year sentence. "This individual showed no regard for the safety of anyone at this illegal event or even anyone else on the road that day - and he ended up killing his own cousin as a result," Orange County District Attorney Todd Spitzer said in a statement about the sentence. "Street racers must be held accountable for their actions and a slap on the wrist court offer sends the wrong message. These are deadly and violent crimes and they must be treated that way," Esquivelvalle's cousin's family did not want him to serve a "severe punishment," prosecutors acknowledged in court filings, and the two other individuals struck in the crash reportedly did not want to be involved in the criminal case. Family members could not be reached for comment Tuesday. But prosecutors also contended that Esquivelvalle has "shown no remorse" for a death and injuries caused by his own "dangerous driving maneuvers" and allege during the investigation he repeatedly lied to police about the cause of the crash and his involvement in a large street takeover. Costa Mesa officers responding to Highland and Sunflower avenues just before 2:30 a.m. on Oct. 22 found a large group of between 60 and 70 cars and 100 to 150 pedestrians blocking off the intersection. A 2019 Chevrolet Colorado was on its side and a man was laying in the street. The man, later identified as Marroquin, was pronounced dead at the scene. Two other bystanders reportedly struck by the vehicle were later contacted by police at local hospitals. According to testimony by traffic investigators at a previous hearing, Esquivelvalle admitted to officers at the scene of the crash that he was the owner and driver of the pickup truck, but claimed that another car had struck his vehicle while he was driving through the intersection, dragging his cousin from the vehicle. Based on witness statements and surveillance interviews, detectives believe that Esquivelvalle was doing doughnuts in his pickup truck - driving in circles - while Marroquin was hanging on the outside of the truck on the passenger side door. The pickup struck the two bystanders, prosecutors allege, before rolling over and crushing Marroquin. The car meet that night was organized by an online group that had set up other street takeovers, spreading word of the gatherings through social media. The group first descended upon the Anaheim Plaza parking lot on Euclid Street at around 1:30 a.m. Witnesses told police that Esquivelvalle and Marroquin were among those at the Anaheim meetup and were watching when another vehicle doing doughnuts in the lot hit an 18-year-old woman. The two men, along with much of the rest of the group of car enthusiasts, then drove to the Costa Mesa intersection, according to court filings. Law enforcement officials across Southern California reported an uptick in streettake_overs a.nd street races during the pandemic, as .-..-._.._.............._......_....----...._...-..__...._._....__....-. ...._...--- -- — ._. _. ..- stay-at-home orders resulted in less congested roadways and work and street closures left car aficionados with more time to fill. The temporary closure of venues that play host to legitimate car shows also left some enthusiasts opting for less -than -legal alternatives to show off their tricked -out vehicles, With no barriers between vehicles driven by mostly young drivers and onlookers, a single mistake at the meetups could have deadly consequences, sending souped -up cars into a crowd of people. "Street takeovers are illegal, they are dangerous, and they are increasingly deadly," Spitzer said. "Inexperienced drivers speeding dangerously close to crowds of spectators is killing street racers, spectators, and innocent bystanders and it has to stop." Newsroom Guidelines News Tips Contact Us Report an Error OThe Trust Project Tags: court, Top Stories OCR ;;Author Sean Emery I Reporter Sean Emery is a crime and public safety reporter for the Register who covers state and federal courts and criminal justice issues. He • • City Council 27 — 12 11/15/2022 https:llwww.ocregister.com/2021108/101driver-gets-1-year-in-jail-for-street-takeover-crash-that-killed-his-cousin! 2;6 SWEET LAWYERS WOMAN INJURED IN TAKEOVER CRASH ON ANAHEIM PLAZA MARKETPLACE [ANAHEIM, CA] o By Jhnna Mri d October 22, 2020 Y rC SAMVOEPAWS • - 4 i X Woman Injured in Takeover Crash on Anaheim Plaza Marketplace [Anaheim, CA] a.m. on 430 North Euclid Street. Takeover Crash on Anaheim Plaza Marketplace Injured Woman Anaheim, CA (October 22, 2020)- On Thursday, a woman was injured in a takeover crash on Anaheim Plaza Marketplace. The incident took place at about 1:30 The woman was struck by a vehicle doing donuts in a shopping center parking lot. Apparently, several hundred cars took part in the takeover. Immediately, the rescuers took the victim to a hospital with stable vital signs. Meanwhile, the driver fled the scene after the crash. The authorities later arrested and took them into custody. Practice safe driving habits on the road at all times... even when it is empty, even when there is no police officer around to make sure you make a full and complete stop. What Crash Injury Victims Should Do For people injured in a crash, it is important to have an independent investigation held to better protect your rights. Moreover, hiring the right firm makes all the difference in getting the compensation you deserve. Finding the right lawyer to handle your personal injury case is essential to your success. If you or someone you love are in a similar accident, you do not have to face the aftermath alone. When you work with us, you will be provided with personalized assistance, aggressive representation, and compassion throughout the entire process. Police Report If you or your family are involved or affected by this accident and would like the official Police Report of this incident, Sweet Lawyers may be able to help. pleaseclick here to request the police report. We Can Help FREE CONSULTATION 24/7 (800)674-7852 er request a callback below indicates required fields First Name Last Name Phone # Email adds Tell us about your case ONLINE NOW H i! A live, real person is available 24/7 at nQ obligation. We do more than simply win cases; our purpose is to maximize your recovery and START CHAT grant you peace of mind, with your future at the forefront. During your initial call, We'll d'... �n„r naca at langth to rlotormina ynnr lagol Qptmon In arlrlitinn you won't �t/dGOIJIMIG Ore settle your case. Call us at (800) 674-7B52 6T A 31.ule a 11 /15/2022 (p free consultation with a legal expert near you. Furthermore, you can reach us iFK] 9122/22, 8:37 AM Teenager shot, killed during street takeover in Willowbrook - Los Angeles Times ADVERTISEMENT CALIFORNIA Teenager shot and killed during street takeover in Willowbrook t 1 � I -J By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy. Close httgs:llwww.latimes.com/califomia/story/2022-08-161teenager-fatally-shot-during-street-takeover-south-los-angeles 1/9 9/22122, 8:37 AM Teenager shot, killed during street takeover in Willowbrook - Los Angeles Times An investigation is underway after a teenage boy was shot to death Sunday during a street takeover in the 13400 block of Mettler Avenue in Willowbrook, (KTLA) Cos Angeles Cs imes M A teenage boy was shot to death Sunday night during a street takeover in Willowbrook, according to the Los Angeles County Sheriffs Department. Detectives responded to a report of a shooting and street racing in the 1340o block of Mettler Avenue at 11:57 p.m., according to a Sheriffs Department news release. Deputies found an unresponsive youth between the ages of 15 to 20, suffering from gunshot wounds, police said. CALIFORNIA 4 $20,000 reward offered for information on double homicide at Compton street takeover Aug. 12, 2022 The youth was pronounced dead at a hospital, according to authorities. Police don't believe the incident to be gang -related. No suspect or vehicle information is available. 0 Anyone with information is urged to contact the L.A. County Sheriff's Department Homicide Bureau at {323) 890-5500. By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by Los Angeles officials have been ahem reviewing our Privacy Policy. Close after seeing a surge during the pande City Council 27 — 15 11/15/2022 hUps:llwww.latimes.comlcalifornialstoryl2O22-08-161teenager-fatally-shot-during-street-takeover-south-los-angeles 219 9/22/22, 8:37 AM Teenager shot, killed during street takeover in Willowbrook - Los Angeles Times ordinance that would criminalize promoting, instigating or encouraging such events online. CALIFORNIA 6th Street bridge: A civic wonder that reflects L.A.'s promise and its simmering problems Aug. 2, 2022 PAID CON't'ENT Healthcare, Biotech, Lifesciences By LA Times Ian Thompson, Senior Vice President, U.S. Business Operations, Amgen Compton, near Willowbrook, spent $4,000 to install pavement markers called Botts Dots at popular intersections for street takeovers in hopes it would discourage the practice by making the road bumpy. Botts Dots were also installed at the 6th Street Bridge this week in Boyle Heights to discourage street racing. Botts Dots helped curb street racing in Lynwood and Paramount. CALIF�RNIA By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can fears more about how we use cookies by Ge reviewing our Privacy Policy. Close Life is stressful. Our we( City Council 27 — 16 11 /15/2022 https://www.latimes.com/californis/story/2022-08-16/teenager-fatally-shot-during-street-takeover-south-los-angeles 3/9 9/22/22, 8:31 AM 2020 Fatality Data Show Increased Traffic Fatalities During Pandemic i NHTSA United States Department of Transportation 4 Search REPORT A SAFETY PROBLEM F NEWS 2020 Fatality Data Show Increased Traffic Fatalities During Pandemic Risky Driving Behaviors Including Failure to Wear a Seatbelt, Speeding, and Drinking While Driving Identified as Contributing Factors Share: f V in Q June 3, 20211 Washington, DC The U.S. Department of Transportation's National Highway Traffic Safety Administration today released preliminary estimates of crash fatalities in 2020 involving motor vehicle occupants, motorcyclists, and people walking and biking. Alongside the release of the 2020 fatality projections, Early Estimate of Motor Vehicle Traffic Fatalities in 2020,. the agency issued two special reports, Early Estimates of Motor Vehicle Traffic Fatalities and Fatality Rate by Sub -Categories in 2020. and Update to Special Reports on Traffic Safety During the CDVID-7 9 Public Health Emergency Fourth Quarter Data. While Americans drove less in 2020 due to the pandemic, NHTSNs early estimates show that an estimated 38,680 people died in motor vehicle traffic crashes —the largest projected number of fatalities since 2007. This represents an increase of about 7.2 percent as compared to the 36,096 fatalities reported in 2019. Preliminary data from the Federal Highway Administration (FHWA) shows vehicle miles traveled (VMT) in 2020 decreased by about 430.2 billion miles, or about a 13.2-percent decrease. The fatality rate for 2020 was 1.37 fatalities per 100 million VMT, up from 1.11 fatalities per 100 million VMT in 2019. NHTSA's analysis shows that the main behaviors that drove this inrrrPAgP inrliirip• imnairpri driving Pn Prlinq And failiirp to \Arpar a -,Pat hPlt City Council 27 — 17 11/15/2022 https://www.rthtsa.gov/press-releases/2020-fatality-data-show-increased-traffic-fatalities-during-pandemic 1/4 9/22122, 8:31 AM 2020 Fatality Data Show Increased Traffic Fatalities during Pandemic I NHTSA "Safety is the top priority for the U.S. Department of Transportation. Loss of life is unacceptable on our nation's roadways and everyone has a role to play in ensuring that they are safe. We intend to use all available tools to reverse these trends and reduce traffic fatalities and injuries," said Dr. Steven Cliff, NHTSA's Acting Administrator. "The President's American Jobs Plan would provide an additional $19 billion in vital funding to improve road safety for all users, including people walking and biking. It will increase funding for existing safety programs and allow for the creation of new ones, with a goal of saving lives.,' NHTSA's projections show significant increases in fatalities during the third and fourth quarters of 2020 as compared to the corresponding quarters of 2019. NHTSA will continue to carefully analyze various data sources to understand how the risks to vulnerable road users might have changed during 2020 and the contributing factors for the increase. Preliminary finding show that traffic fatalities rose in most major categories over 2019: • Passenger vehicle occupants (23,395, up 5%) • Pedestrians (6,236* flat from 2019) • Motorcyclists (5,458,* up 9%) • Pedalcyclists (people on bikes) (891,* up 5%) Crash factors and demographics reviewed by NHTSA that showed the largest increases in 2020 as compared to 2019 included: • non -Hispanic Black people (up 23%); • occupant ejection (up 20%); • unrestrained occupants of passenger vehicles (up 15%); • on urban interstates (up 15%); • on urban local/collector roads (up 12%); • in speeding -related crashes (up 11 %); • on rural local/collector roads (up 11 • during nighttime (up 11 %); • during the weekend (up 9%); • in rollover crashes (up 90/0; • in single -vehicle crashes (up 9%) and; • in police -reported alcohol involvement crashes 9%). City Council 27 — 18 11/15/2022 https:ttwww.nhtsa.gov/press-raleases/2020-fatality-data-show-increased-traffic-Fatalities-during-pandemic 2/4 9122122, 8:31 AM 2020 Fatality Data show Increased Traffic Fatalities During Pandemic I NHTSA There are a few categories that are projected to have decreases in fatalities in 2020. Fatalities in crashes involving a large truck (commercial or non-commercial use) are projected to decline marginally (down 2%). Fatalities among older persons (65+ years of age) are projected to decline by about 9 percent. Special Reports: Last summer, recognizing the unique circumstances, NHTSA researchers began compiling additional data from a wide variety of sources to enhance understanding of what was happening on the roadways during the pandemic. This research led to a series of special reports, including two being issued today: Early Estimates of Motor Vehicle Traffic Fatalities and Fatality Rate by Sub - Categories in 2020 and Update to Special Reports on Traffrc Safety During the COVID-19 Public Health Emergency: Fourth Quarter Data. These update earlier reports released in October 2019, Drug and Alcohol Prevalence in Seriously and Fatally Injured Road Users Before and During the COVID-19 Public Health Emergency, and Examination of the Traffic Safety Environment During the Second Quarter of 2020. Special Report and January's Update to Special Reports on Traffic Safety_ During the COVID-19 Public Health Emergency-. NHTSA's research suggests that throughout the national public health emergency and associated lockdowns, driving patterns and behaviors changed significantly, and that drivers who remained on the roads engaged in more risky behavior, including speeding, failing to wear seat belts, and driving under the influence of drugs or alcohol. Traffic data indicates that average speeds increased throughout the year, and examples of extreme speeds became more common, while the evidence also shows that fewer people involved in crashes used their seat belts. * amended to reflect 2020 estimates Contact: NHTSA Media NHTSAmedia@dot.gov 202-366-9Uf� Council 27 — 19 11 /15/2022 https:ltwww.nhtsa.gov/press-releases/202O-fatality-data-show-increased-traffic-fatalities-during-pandemic 314 9/22122, 8:31 AM 2020 Fatality Data Show Increased Traffic Fatalities During Pandemic I NHTSA NHTSA Information - Information For. NHTSA Sites, Website Information National Highway Traffic Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 2.0590 1-888-327-4236 1-800-424-9153 (TTY) Submit Feedback City Council 27 - 20 11 /15/2022 https:llwww.nhtsa.gov/press-releases/202O-fatality-data-show-increased-traffic-fatalities-during-pandemic 414 Santa Ana PD 2022-20794 Report by Carrillo, Daniel 3155 1 of 2 POLICE Case Type: SANTA ANA Police Department 60 Civic Center Plaza Santa Ana CA, 92701 Crime Report TRAFFIC RELATED Incident Activity Summary: Offenses: 2800.1(a) - EVADING PEACE OFFICER Incident Date/Time: Occurred: 09/16/2022 21:33:04 Reported: 09/16/2022 21:33 Location Occurred: W 17TH ST 1 N COLLEGE AV, Santa Ana, CA 92706 Grid: Dist.: WE Case No, 2022-20794 Factual Synopsis: We attempted to stop a motorcycle for cvc violations, motorcyclist failed to yield and a pursuit ensued. The pursuit was cancelled in the area of the 1-5 and Jamboree. Stolen/Recovered: (Report -wide) $0.00 / $0.00 SAPD Personnel: Involvement: Carrillo, Daniel 3155 Reporting SAPD Personnel: Shin, Richard 2386 Involvement: Report Approver Narrative: Narrative City Council 27 — 21 11/15/2022 Santa Ana AD 2022-20794 Report by Carrillo, Daniel 3155 2 of 2 On September 16, 2022, at approximately 2133 hours, Officer N. Guijarro and I were working in full uniform in a marked black and white police vehicle. I was the driver and Officer Guijarro was my passenger. We were traveling south on Bristol Street and observed a motorcycle in the #2 lane traveling south. The motorcycle's license plate was tucked under the frame of his motorcycle which is in violation of CVC 5200(a). We attempted to stop the motorcyclist. activated my emergency lights which include a steady forward facing red light and chirped my siren to pull the motorcyclist over in the area of Bristol and 17th Street. The motorcyclist looked back at us and continued south on Bristol and then west on 17th Street. The motorcyclist failed to yield to our emergency lights and traveled west on 17th Street. The motorcyclist continued west on 17th Street at a high rate of speed, reaching speeds of over 75 miles per hour in a 40 mile per hour zone in violation of CVC 22350. The motorcyclist made a left turn on to English Street and traveled south on English and east on Washington towards Raitt. The motorcyclist made a right turn on to Raitt Street driving approximately 50 miles per hour in a 25 mile per hour zone. The motorcyclist continued east on Civic Center to Bristol Street where it made a left turn to travel north on Bristol. The motorcyclist continued north on Bristol Street to 17th Street, once we were at 17th Street the motorcyclist split lanes to get in front of the traffic. Once the light at 17th Street phased green the motorcyclist took off north on Bristol riding approximately 65 miles per hour in a 45 mile per zone. The motorcycle traveled on to the East 1-22 freeway and then on to the 1-5 South. Once the motorcycle traveled on to the freeway the motorcyclist traveled at high rates of speed cutting in and out of traffic at approximately 90 miles an hour plus. We lost sight of the motorcycle at the 1-5 South and Jamboree. Officer Guijarro cancelled the pursuit and we returned to the city. We were unable to obtain the plate of the motorcycle and there were no airships available to assist with the pursuit. The pursuit lasted approximately 6 minutes and traversed 10 miles over city streets and freeway. Corporal Daniel Carrillo Traffic Division Author: Carrillo, Daniel 3155 BWC Activated City Council 27 — 22 11/15/2022 Shin, Richard From: Miguel Lozano <MLozano@nationalcityca.gov> Sent: Thursday, September 15, 2022 12:10 To: Shin, Richard Subject: RE: Lifting Ban on Cruising Good morning, We do currently have an ordinance that bans cruising in our city. There has been push by the local low riding community to repeal the ordinance. They have gone as far as creating a "low rider coalition" that has been working with our city council to negotiate the repealing of the ordinance. Our city council came to an agreement back in May to do a test run of allowing cruising on Friday's as a test pilot to see what issues may arise. The lowrider coalition was granted a permit to cruise for a designated time frame during that day as well as one Friday each month for the next three months. The permit was supposed to cover approximately 50 cars and about 100 spectators. The temporary use permit did not have any police resources calculated into the permit. The end result was the cruise was put on as planned and over 250 cars showed up to the event with more than 500 spectators. Businesses complained that spectators took over their parking lots without contributing to the business. Numerous vandalisms occurred to surrounding businesses, fights broke out, calls of 417 came in and traffic was severely impacted well into 11 pm which was over 2 hours past the agreed upon time. The city council went back to the negotiation table with the low rider coalition and laid out a plan that would use police resources to provide extra security. There was a significant cost associated with the new permit rules up in the area of $15k . The coalition claimed the cost to put on a monthly cruise was too astronomical and went as far as reaching out to the media and making a statement that the city and the police department were trying to gouge the low rider coalition. National City has historically had issues with low rider back in the 90s. Since that time there have been measures taken to curb the cruising by changing the environmental design as well as implementing the cruising. Some of the issues that plagued the last event that was put on are similar to the ones that plagued the events in the 90s. We had a certain member of local car club try to put on unauthorized cruising events back in 2020 at the peak of Covid. Those events were put on in our Mile of Cars area where all the car dealerships are located. The event drew large crowds as well as hundreds of vehicles that impacted the car dealerships and traffic well into our neighboring city. We saw numerous issues with drinking in public, dui drivers and recreational marijuana use by the spectators. One of the challenges we as a department face is that there are members on our city council that are making the push for the repeal of the cruising ordinance and given its an election year the push has been a strong one in order to garner votes. I hope this helps you out. Please let me know if there is any other info I. can provide to you. Miguel Lozano From: Shin, Richard [mailto:RShin@santa-ana.org] Sent: Thursday, September 15, 2022 9:03 AM To: Miguel Lozano <MLozano@nationalcityca.gov> Subject: Lifting Ban on Cruising City Council 27 — 23 11/15/2022 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello sir, SAPD Sgt. Minter gave me your email address. I have been tasked with researching the issue of possibly repealing our existing anti -cruising ordinance at the request of our City Council. Can you please provide answers to the following questions? Does your City have any ordinance(s) banning cruising in any way? If so, is there any push to repeal such ordinance(s)? Do you have any general feedback regarding cruising? Richard Shin SERGEANT -) TRAFFIC DIVISION Santa Ana Police Department COMMUNITY 60 Civic Center Plaza, P.O. Box 1981, Santa Ana, CA 92701 FIRST rshinCcDsanta-ana.org 1 (714) 245-8294 City Council 27 — 24 11/15/2022 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING ARTICLE XII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO REMOVE REGULATIONS PERTAINING TO MOTOR VEHICLE CRUISING IN THE CITY WHEREAS, in 1989, the City Council of the City of Santa Ana adopted an ordinance making it a misdemeanor to engage in motor vehicle cruising on city streets; and WHEREAS, the City Council now desires to repeal those provisions related to cruising as set forth in Article XII of Chapter 36 of the Santa Ana Municipal Code; THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Article XII of Chapter 36 of the Santa Ana Municipal Code is hereby repealed in its entirety. Section 2. The City Council finds that this ordinance is not subject to the California Environmental Quality Act under California Code of regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. Section 3. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared invalid or unconstitutional. Section 4. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 5.This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. ADOPTED this day of 2022. Vicente Sarmiento Mayor City Council 27 — 25 11/15/2022 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2022 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana City Council 27 — 26 11 /15/2022 2 City Council www.santa-ana.org/city-council Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Councilmember Requested Item: Community Historical Marker TITLE Discuss and Consider Directing the City Manager to Direct Staff to Develop a Community Historical Marker Policy and to Install a Community Historical Marker on the Corner of Sycamore and Fourth Streets to Honor, Remember, and Memorialize the Story of Francisco Torres DISCUSSION Councilmember Hernandez added the following councilmember requested item: Historical Analysis: Lynchinq of Francisco Torres Francisco Torres was a Mexican farm laborer of the Modjeska Ranch in Santiago Canyon during the summer of 1892. The 400-acre ranch belonged to the Polish actress Helena Modjeska and her husband Karol Bozenta Chlapowski. Those close to Mr. Torres described him as a good worker and a quiet man who kept to himself. Standing at five -foot -two, Mr. Torres was given the nickname "Shorty." On the morning of July 30, 1892, Chlapowski learned the county road overseer had been unable to collect the annual road poll tax of $2.50 from Torres, who had worked at the ranch for less than a month. William McKelvey, 55, a former sea captain and ranch foreman, was instructed by Chlapowski to withhold the $2.50 from Mr. Torres' $9 salary as a "poll tax" owed to the county. During this era, deep racial hostility lurked in Orange County, oftentimes fueling tensions between Anglo and Latino communities. Additionally, the language and cultural barriers played a vital role in this incident. McKelvey was unable to explain to Torres why his pay had been docked, causing Torres to leave without his pay in frustration. As Mr. Torres protested, he returned to the ranch to demand his money. A fight ensued and Mr. McKelvey was found dead by a housekeeper. Due to McKelvey's popularity, there was a public outrage, protests were organized, and rewards were offered for Torres' capture. Through a cell window, Torres claimed he had acted in self-defense and that McKelvey had attacked him first and had drawn a pistol. City Council 28 — 1 11/15/2022 Councilmember Requested Item: Closed Session Discussions Relating to Labor Negotiations October 4, 2022 Page 2 On August 20, 1892, a mob of men wearing white cloths over their heads with eye cut- outs, including many "prominent citizens", broke into the Sycamore Street Jail, dragged Francisco Torres out, and lynched him by hanging him from a telegram pole on the corner of Sycamore and Fourth streets. Mr. Torres' lawyers had asked for a change of venue, claiming that their client's life was in danger. When his body was found at dawn a place card was pinned to Mr. Torres's chest, which read "Change of venue." No one was ever held accountable for the lynching of Torres. This lynching has been considered the county's darkest moment, the only lynching to ever occur in Orange County and the last in California state history. This historical marker will serve as a testament to Fernando Torres to condemn the vigilante justice that occurred, the lack of action taken to bring Torres' murderers to justice, and education to our community about this heinous act of racism within our city. Only when we acknowledge our downfalls as a whole can we move to right our wrongs and deconstruct the racial and cultural barriers that led to the loss of lives. Everyone has the right to due process and no one should fall victim at the hands of a mob motivated by racist vigilante justice. City Council 28 — 2 11/15/2022 Community Development Agency .; santa-ana.org/cd Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 15, 2022 TOPIC: Housing Authority Quarterly Report AGENDA TITLE: Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022 RECOMMENDED ACTION Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of July 1, 2022 to September 30, 2022. DISCUSSION The July 1, 2022 to September 30, 2022 Quarterly Report for the Housing Choice Voucher (HCV) Program provides statistics for the day-to-day activities of the Santa Ana Housing Authority. The report is divided into three (3) sections: Applicants, Participants, and Production. Applicants The Santa Ana Housing Authority accepted applications from May 2, 2022 through May 31, 2022 and received a total of 20,759 applications. A random lottery procedure was applied and the Santa Ana Housing Authority accepted 7,500 of the 20,759 applications to establish a 2022 HCV Waiting List. Charts 1 and 2 depict the characteristics of those applicants currently on the Waiting List. As of September 30, 2022, the Housing Authority has not selected any applicants from the 2022 HCV Waiting List. Chart 1 illustrates the percentage of applicants on the 2022 HCV Waiting List who live or work in Santa Ana. These applicants are given a preference on the Waiting List together with U.S. Military Veterans. 1. Residency Preference Veterans Live or Work In Santa Ara 5% Live or Work in 460 Santa Ana 95% City Council 2-1 11/15/2022 Housing Authority Quarterly Report November 15, 2022 Page 2 Chart 2 illustrates the number of applicants by total household size. The majority of applicants on the Waiting List consist of only one (1) or two (2) household members. Over half of all applicants (4,685 of the 7,500 applicants or 62%) have one (1) or two (2) member households and would qualify for a one -bedroom voucher. The Santa Ana Housing Authority's occupancy standard is one (1) bedroom for every two (2) family members. Participants At the end of the reporting period, there were 2,995 households receiving rental assistance from the Housing Authority. Chart 3 illustrates participating families, sorted by number of family members. Over three -fourths (86%) of families receiving assistance have three (3) or fewer members. Chart 4 illustrates the family type for program participants. Over half (66%) of participating households have elderly and/or disabled members. ["Other" consists of households that are non -elderly, non -disabled, with no minor children.] 2. Household Size 3500 2888 3000 u 2500 — 2000 — 1797 0 1500 — — - 1090 906 Z1000 — — 490 500 — 200 S0 29 11 9 0 — — 1 2 3 4 5 6 7 8 9 10+ People per Houshold 3. Family Size 6 People 5 People r 2% 3 Peop%. 13% I4 People 6% 1 Person 2 People 48% 25% 4. Family Type Other 15% Disabled 10404q 41% Family 19% Elderly 25% City Council 2-2 11/15/2022 Housing Authority Quarterly Report November 15, 2022 Page 3 Chart 5 depicts participants by percentage of Orange County median income. As of September 30, 2022, the County's median income is $119,100 per year for a family of four (4). Approximately 90% of families on the program earn less than 30% of the median income, which is $40,650 per year for a family of four (4). Participants' incomes come from a variety of sources, as illustrated in Chart 6. A total of 35% of participating families have income from employment. Participating families pay a portion of their monthly rent based upon their income and the payment standard for their unit. The Housing Authority pays the difference between the tenant's portion and the contract rent. This payment is the Housing Assistance Payment (HAP). The average HAP for July 1, 2022 to September 30, 2022 was $1,395. 5. Income as Percentage of Median Below 50% Below 80% Median of Median 9% 196 4j4B.Iow 30% of Median 90% 6. Source of Income 70% 63% 60% 50% 40% 35% 30% 20% 15% — 7% ■10% 0% With Any With any With any With any Wages Welfare SSI/SS other Income Production HQS Inspections At least once every two (2) years, the Housing Authority must inspect each assisted -unit to ensure it meets 200 HUD's Housing Quality Standards (HQS) in compliance 150 with the federal regulations. From July 1, 2022 to too September 30, 2022 a total of 386 inspections and re- 50 inspections of our assisted -units were performed of o which 139 inspections failed. Chart 7 illustrates the number of inspections performed on a monthly basis during the reporting period. 7. HQS Inspections 172 104 110 July Aug Sept Inspection Months City Council 2-3 11/15/2022 Housing Authority Quarterly Report November 15, 2022 Page 4 Recertifications / Interims Each year, the Housing Authority must re -certify 8. Re -exams and Interims every assisted -family to verify the family is still 300 eligible for assistance. In addition, when a 200 97 §, 104 participant's income changes, an interim examination must be performed. During the reporting period, a 100 L m total of 778 recertifications and interims were 0 ,ply Aug Sept conducted. Chart 8 illustrates the number of • Re -exams •Interims recertifications and interims performed. Other Change of Unit These actions are completed when a family moves to a different rental unit. Eleven (11) change of unit actions were processed during the reporting period. New Admissions This action is completed when a family is admitted to the HCV Program. Ninety-eight (98) new admissions were processed during the reporting period. End of Participation This action is completed when the family is no longer interested in participating in the program, the family becomes deceased, the family is no longer eligible for the program, or the family is terminated from the program due to program violations. Thirty-three (33) end -of -participations were processed during the reported period. Expired Vouchers This action is completed when an applicant is unable to locate a unit within the timeframe of the voucher, and all extensions have been exhausted or no extension is requested. There were thirty-seven (37) expired vouchers processed during the reporting period. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager City Council 2-4 11/15/2022