HomeMy WebLinkAbout FULL PACKET_2020-10-06DRAFT MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
August 18, 2020
CLOSED SESSION MEETING
5:00 P.M.
CALL TO ORDER - Mayor PULIDO Joe
Mayor Pulido called the Closed Session meeting to order` at'5:04 p.m.
Councilmembers, BACERRA, MENDOZA, PENALOZA, SARMIENTO, SOLORIO AND
VILLEGAS
PUBLIC COMMENTS — None.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss
certain matters without members of the public present. The City Council finds, based on
advice from the City Attorney, that discussion in open session of the following matters
will prejudice the position of the City in existing and anticipated litigation:
CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
A. City of Santa Ana v. County of Orange, et al, United States District Court
Case No. SA CV 20-0069-DOC (DFMx)
B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S.
District Court (Central District of California), Case No. SA CV 18-0155-DOC
(KESx)
C. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S.
District Court (Central District of California), Case No. SA CV 18-0155-DOC
(KESx)
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED INITIATION OF
LITIGATION PURSUANT TO SECTION 54956.9(d) OF THE GOVERNMENT
CODE: One (1) case
Request to file civil nuisance abatement lawsuit against property located at 2710
W. Edinger Avenue - Property Owner: Mary C. Axelson Trust
DRAFT CITY COUNCIL MINUTES 104-1 AUGUST 18, 2020
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to
Government Code Section 54956.8:
Address of Property: APN # 005-184-25; 203-205 West Civic Center Drive;
27,331 square feet (0.63 acres)
Negotiators: City Manager Kristine Ridge and Acting Assistant City Manager
Steven Mendoza
Negotiating with: Caribou Industries Inc.
Terms: Conditions of potential sale of City -owned property
CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be
taken at the Regular Meeting which will begin immediately following the Closed Session
Meeting.
4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6(a):
Agency Negotiators: City Manager, Kristine Ridge
Employee Organizations: Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be
taken at the Regular Meeting which will begin immediately following the Closed Session
Meeting.
ADJOURN CLOSED SESSION AND CONVENE TO THE REGULAR OPEN SESSION.
Mayor Pulido adjourned Closed Session meeting at 6:35 p.m. and convened to the
Regular Open Session.
AW
DRAFT CITY COUNCIL MINUTES 1 O z _w AUGUST 18, 2020
REGULAR OPEN MEETING - 5:45 p.m. (Immediately following the Closed Session
Meeting)
CALL TO ORDER - MAYOR PULIDO
Mayor Pulido adjourned the Closed Session at 6:35 p.m. and called the Regular Open
Session to order at 6:41 p.m
COUNCILMEMBERS BACERRA, MENDOZA, PENALOZA, SARMIENTO, SOLORIO,
AND VILLEGAS
PLEDGE OF ALLEGIANCE - MAYOR PULIDO
INVOCATION - DOUG HARDIN, Police Chaplain
COUNCILMEMBERS Present:
Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember
Sarmiento, Councilmember Solorio, Councilmember Bacerra, and Councilmember
Mendoza
COUNCILMEMBERS Absent: None
CEREMONIAL PRESENTATIONS
SPECIAL PRESENTATION of the Orange County Registrar of Voters Update on
the November 2020 Election by Justin Berardino, Operations Manager.
Council discussion ensued and direction provided to Orange County Registrar of
Voters representative and city staff.
Councilmember Bacerra thanked Orange County Registrar of Voters for the
additional voting sites.
Councilmember Penaloza requested an additional drop off ballot be included in the
area of Standard and Bristol, North of Edinger.
Councilmember Sarmiento encourages public outreach by the Orange County
Registrar of Voters and Clerk of the Council in notifying the community of the new
available voting drop off -sites.
Councilmember Solorio spoke regarding the need in equity and distribution
throughout the County.
Mayor Pro Tern Villegas inquired about the frequency in which the voting boxes
will be emptied by the Registrar of Voters.
DRAFT CITY COUNCIL MINUTES 1 Off,-3 AUGUST 18, 2020
Mayor Pulido thanked the Registrar of Voters for their effort and encourages an
educational outreach.
2. PROCLAMATION presented by COUNCILMEMBER MENDOZA recognizing the
late Lydia Romero Cruz for her Outstanding Contributions to the Community.
On behalf of Sam Romero, Clerk of the Council Daisy Gomez provided comments.
3. PRESENTATION by the Planning & Building Agency on the status of the
Comprehensive General Plan Update.
Planning and Building Agency Planning Manager, Vince Fregoso, provided a brief
presentation.
Council discussion ensued and direction provided to staff.
Councilmember Bacerra requested that staff meet with planning commissioners
and councilmembers.
Councilmember Solorio commended Vince Fregoso for the presentation, spoke on
the inclusion of environmental justice in the general plan, and economic prosperity.
Councilmember Penaloza spoke regarding outreach.
Councilmember Sarmiento spoke regarding outreach, public engagement, dead
hand control and affordable housing element.
CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent
Calendar Item 19A from the Closed Session meeting.
PUBLIC COMMENTS
Daisy Gomez City Clerk of the Council made an announcement regarding a possible
outage.
Janine spoke in opposition to item 22B and encourages council to consider changes
Santa Ana Municipal Code on the proposed charter amendments.
Speaker spoke regarding Item 85B requesting council support the extension to circulate
the initiative petition.
David Carbajal spoke in support of Item 85B and rental protection.
Kelly Krause spoke regarding Item 25A and expressed support of allowing residents' use
of the amenities due to the lack of recreational space, support of Item 85B to extend the
time to circulate the initiative petition, spoke in opposition to Item 22B and other topics.
DRAFT CITY COUNCIL MINUTES 1 O Q _4 AUGUST 18, 2020
Carla Juarez spoke regarding the public comment process, expressed support of
Item 85B, opposition to Item 22B, and commented on the General Plan.
Tanya Navarro spoke in opposition to Item 22B and encourages funding to be placed in
other areas. Spoke in opposition to the property sale price in Item 25A and in opposition
to 75B because it will decrease affordable housing funds.
Alejandra Luciano spoke regarding Item 85B and requests assistance with rent control.
Yoselinda spoke regarding support of Item 85B to extend the time to circulate the rent
control initiative, rent increases and other topics.
Sarai Arpero spoke in support of Item 85B and encourages council to place referendum
in the ballot and extend the time to circulate the initiative petition.
Manny Escamilla spoke regarding Item 22B and Item 25A and other topics.
Olivia spoke in opposition to Item 22B and opined that the funds need to be effectively
allocated in other areas, expressed the need for housing, spoke in support of Item 85B
and encouraged council to place the initiative on the ballot.
Araceli Robles spoke in opposition of Item 75B and other topics.
Melissa Palmerin expressed support of people who specialize in mental illness disorder
to interact with people with said disorder; supports use funds to implement a hotline and/or
program to assist those with mental illness. Stated opposition to Item 22B, Item 25A
regarding the YMCA property located at 203-205 W. Civic Center Drive, Item 20B, Item
60B and spoke on various other topics.
Hector spoke regarding the public comment process, urges council to vote no on Item
22B and various other topics.
Speaker spoke in support of Item 75B, urged council to assist, Expressed support for rent
control, and asked council to extend the time to allow additional time to circulate the
initiative petition.
Steve Gallegos asked council to vote no on Item 22B and to allocate funds
towards emergency preparedness, and spoke on the public comment process.
Laura Pantoja, housing advocate, spoke regarding support of Item 85B to extend the time
to circulate the initiative petition to place rent control on the ballot.
Maria Ceja spoke in support of Item 85B, asked council to extend time to circulate the
initiative petition or to consider placing the initiative on the ballot.
DRAFT CITY COUNCIL MINUTES 1 O $, _5 AUGUST 18, 2020
Jonah with Los Angeles Alliance for a New Economy (LAANE) spoke regarding use of
public land and expressed opposition to Item 25A.
Nathaniel Greenside spoke regarding park closure, expressed opposition to Item 25A,
spoke in support 20A, spoke in opposition to 22B, and expressed support of Item 85B.
Dan S. noted his availability to provide comments for public hearing Item 75C.
Gary spoke in support of the Bowery Redhill/Warner initiative.
Dale Helvig spoke regarding the General Update.
Barbara Lichman noted that she is available for Item 75C.
Manuel Torres spoke regarding Item 75C and the opportunities granted as a union worker
and as a resident.
Danielle W. spoke in opposition to the sale of the YMCA property, Item 25A, and ask
council to enter into a revenue lease agreement to generate on -going long-term revenue.
Naul Palomino spoke in opposition to the sale of public land as it relates to Item 25A and
regarding the public comment process.
Michael Harrah spoke regarding Item 25A, as it relates to employment opportunities,
beautification of site, the cost of seismic retrofit, and the various taxes that will benefit the
city.
Clerk of the Council Daisy Gomez provided a summary of the eComments received.
CONSENT CALENDAR
MOTION: Approve staff recommendations on the following Consent Calendar
items: with the exception of 20A, 22B, 23A, 25A and 25E. Councilmember
Sarmiento abstained from 25F due to a real property interest in close proximity to
site.
Motion to Approve the Consent Calendar items 10A through 55C with the exception of
20A, 22B, 23A, 25A and 25E. Councilmember Sarmiento abstained from 25F due to a
real property interest in close proximity to site.
Councilmember Bacerra motioned to approve the consent calendar items, seconded by
Mayor Pro Tern Villegas.
DRAFT CITY COUNCIL MINUTES 1 O fj, _6 AUGUST 18, 2020
MOTION: Councilmember SECOND: Mayor Pro Tern Villegas
Bacerra
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF JUNE 16, 2020 — Clerk of the
Council Office 'N
MOTION: Approve Minutes. X744�
10B. MINUTES FROM THE ADJOURNED MEETING OF JUNE 18, 2020 — Clerk of the
Council Office
MOTION: Approve Minutes.
10C. MINUTES FROM THE REGULAR MEETING OF JULY 7, 2020 — Clerk of the
Council Office
MOTION: Approve Minutes.
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
City Attorney Sonia Carvalho reported out on Closed Session Item 2 to file a
lawsuit on a civil nuisance abatement by a unanimous vote on the property held
by Mary C. Axelson Trust adjacent to the Stater Brothers Market:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED INITIATION OF
LITIGATION PURSUANT TO SECTION 54956.9(d) OF THE GOVERNMENT
DRAFT CITY COUNCIL MINUTES 1 U z _7 AUGUST 18, 2020
CODE: One (1) case. Request to file civil nuisance abatement lawsuit against
property located at 2710 W. Edinger Avenue. Property Owner: Mary C. Axelson
Trust
In addition, reported out from the Special Closed Session meeting of August 4,
2020, the City Council by unanimous vote authorized the filing of litigation against
the Red Roof Inn and nuisance abatement conditions.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED INITIATION OF
LITIGATION PURSUANT TO SECTION 54956.9(d) OF THE GOVERNMENT
CODE: One case - Request to file civil nuisance abatement lawsuit against
property located at 2600 N. Main Street (doing business as Red Roof
Inn). Property Owner: RR Santa Ana LP, a California Limited Partnership
19C. RECEIVE AND FILE QUARTERLY REPORT OF CONTRACTS COVID-19 AND
NON-COVID-19 RELATED UP TO $50,000 FOR NON-PUBLIC WORKS AND
UP TO $250,000 FOR PUBLIC WORKS AUTHORIZED BY THE CITY
MANAGER AS PERMITTED BY CHARTER SECTION 421 — Finance and
Management Services Agency
MOTION: Receive and file Quarterly Report of Contracts (COVID-19 AND NON
COVID-19) entered into between April 1, 2020 to June 30, 2020 valued at up to
$50,000 for non-public works contracts and agreements and up to $250,000 for
public works contracts and agreements.
19D. RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF JUNE
30, 2020 — Finance and Management Services Agency
MOTION: Receive and file Quarterly Report of Investments as of June 30, 2020.
19E. AUTHORIZE RELEASE OF REQUEST FOR QUALIFICATIONS TO ESTABLISH
A LIST OF PRE -QUALIFIED CONSULTANTS PROVIDING AS NEEDED ON -
CALL ENVIRONMENTAL AND PLANNING SERVICES — Planning and Building
Agency
MOTION: Authorize the Planning and Building Agency to release the Request for
Qualifications to establish a list of pre -qualified professional consulting firms
providing as needed on -call environmental and planning services.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
DRAFT CITY COUNCIL MINUTES 1 O $ _8 AUGUST 18, 2020
20A. APPROVE A GRANT AGREEMENT ACCEPTING GRANT FUNDS FROM THE
CALIFORNIA STATE LIBRARY FOR THE KNOWLEDGE MOBILE "KNOW -MO":
BRINGING MOBILE LIBRARY SERVICES BACK TO SANTA ANA PROGRAM
IN THE AMOUNT OF $80,000 AND APPROVE AN APPROPRIATION
ADJUSTMENT AND A MEMORANDUM OF UNDERSTANDING WITH THE
SANTA ANA UNIFIED SCHOOL DISTRICT (NON -GENERAL FUND) - Library
Department
Authorize the City Manager to execute a grant agreement (SVBT-026)
accepting grant funds from the California State Library for the Knowledge
Mobile "Know-Mo": Bringing Mobile Library Services Back to Santa Ana
Program in the amount of $80,000, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2020-
XXX).
Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2020-009 - Recognizing $80,000 in
grant revenue from the California State Library and appropriate $80,000 into
the corresponding expenditure accounts (Public Library Grant Fund) to
implement the program.
3. Authorize the City Manager to execute a Memorandum of Understanding with
the Santa Ana Unified School District (SAUSD) to work collaboratively to
issue a Student Success Library Card to all students within SAUSD and
develop programming and activities that the bookmobile will conduct at
schools for a period of five (5) years, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2020-
XXX).
4. Authorize the City Manager and her designee, the Library Services Executive
Director, to sign any required documents as they relate to the Memorandum
of Understanding between the City of Santa Ana and SAUSD to implement
the Student Success Library Card Program along with a collaboration that
delivers quality bookmobile services to local schools.
Executive Director of Library Services, Brian Sternberg spoke regarding the pilot
program and grant funding related to mobile services and WiFi.
Motion to Adopt
1. Authorize the City Manager to execute a grant agreement (SVBT-026) accepting
grant funds from the California State Library for the Knowledge Mobile "Know-Mo":
Bringing Mobile Library Services Back to Santa Ana Program in the amount of $80,000,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-159).
DRAFT CITY COUNCIL MINUTES 1 Off,-s AUGUST 18, 2020
2. Approve an appropriation adjustment. (Requires five affirmative
votes). APPROPRIATION ADJUSTMENT NO. 2020-009 - Recognizing $80,000 in
grant revenue from the California State Library and appropriate $80,000 into the
corresponding expenditure accounts (Public Library Grant Fund) to implement the
program.
3. Authorize the City Manager to execute a Memorandum of Understanding with the
Santa Ana Unified School District (SAUSD) to work collaboratively to issue a Student
Success Library Card to all students within SAUSD and develop programming and
activities that the bookmobile will conduct at schools for a period of five (5) years,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-160).
AM
4. Authorize the City Manager and her designee, the Library Services Executive
Director, to sign any required documents as they relate to the Memorandum of
Understanding between the City of Santa Ana and SAUSD to implement the Student
Success Library Card Program along with a collaboration that delivers quality
bookmobile services to local schools. moved by Councilmember Penaloza seconded by
Councilmember Solorio.
Councilmember Penaloza motioned to adopt, seconded by Councilmember Solorio
MOTION
Councilmember SECOND: Councilmember Solorio
Penaloza
Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
None (0)
None (0)
None (0)
20B. APPROVE AN APPROPRIATION ADJUSTMENT AND AGREEMENT
ACCEPTING $22,950 IN STATE OF CALIFORNIA, BOARD OF STATE AND
COMMUNITY CORRECTIONS MENTAL HEALTH TRAINING GRANT (NON -
GENERAL FUND) - Police Department
1. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-012 - Accepting $22,950 in the
Police Special Revenue - General account and appropriate same in the
Police Special Revenue - General account.
DRAFT CITY COUNCIL MINUTES 1 O4_ 1 O AUGUST 18, 2020
2. Authorize the City Manager and to execute an agreement (BSCC-0180-18-
MH) with the State of California Board of State and Community Corrections
(BSCC), for the period of May 1, 2019 through September 30, 2021, in an
amount not to exceed $22,950, subject to non -substantive changes approved
by the City Manager and City Attorney (Agreement No. A-2020-XXX).
This Consent Item Agreement No. A-2020-161 was approved.
20C. APPROVE AN APPROPRIATION ADJUSTMENT TO RECEIVE BAY AREA
COUNCIL CALIFORNIA RESILIENCE GRANT FUNDING IN THE AMOUNT OF
$176,807 AND AWARD AN AGREEMENT TO TRC ENGINEERS, INC. FOR
SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) MICROGRID
FEASIBILITY STUDY IN THE AMOUNT OF $153,350 FOR A ONE YEAR TERM
(NON -GENERAL FUND) - Public Works Agency
Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-016 - Recognizing $176,807
Bay Area Council California Resilience grant funds into the Energy
Conservation Program, Grant -Other revenue account and appropriating the
same amount into the California Resiliency Challenge, Contract Services -
Professional and Internal Departments Personnel Charges expenditure
accounts.
Authorize the City Manager to execute an agreement with TRC Engineers,
Inc. in the amount of $153,350, for the term beginning August 18, 2020
through August 17, 2021, with provisions for a one-year extension exercisable
by the City Manager and City Attorney, for a Microgrid Feasibility Study at the
Santa Ana Regional Transportation Center, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. A-
2020-XXX).
This Consent Item Agreement No. A-2020-162 was approved.
20D. APPROVE AN APPROPRIATION ADJUSTMENT FOR $446,250 AND
AUTHORIZE A PURCHASE AGREEMENT IN THE AMOUNT OF $595,000 FOR
REAL PROPERTY ACQUISITION LOCATED AT 2246 S. KILSON DR. (APN
016-102-23) FOR WARNER AVENUE IMPROVEMENTS PHASE 2 (NON -
GENERAL FUND ) - Public Works Agency
Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-011 - Recognizing $446,250 in
Measure M2 Competitive, Arterial Capacity Enhancements grant funding from
the Measure M-Street Construction revenue account and appropriate the
DRAFT CITY COUNCIL MINUTES 1 O4_ 1 1 AUGUST 18, 2020
same amount to the Measure M2 Competitive Street, Land expenditure
account for the property acquisition referenced below.
2. Authorize the City Manager to execute a Purchase Agreement for the real
property full acquisition and goodwill (if any) for the property located at 2246
S. Kilson Dr., Santa Ana, CA 92707 (APN 016-102-23), with Santos Popoca
Bahena and Petra Popoca in the amount of $595,000, subject to non -
substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-XXX).
This Consent Item Agreement No. A-2020-163 was approved.
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
22A. AMEND THE BLANKET ORDER CONTRACT AWARD WITH 2ND GEAR, LLC
AND DELL COMPUTER CORP. FOR DESKTOP COMPUTERS, LAPTOPS,
MOBILE DEVICES AND RELATED EQUIPMENT DUE TO COVID-19 IN AN
ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $1,200,000
(SPECIFICATION NO. 18-074) (GENERAL FUND AND NON -GENERAL FUND) -
Finance and Management Services Agency and Information Technology
Department '
MOTION: Amend the contracts with 2nd Gear, LLC and Dell Computer Corp. for
desktop computers, laptops, mobile devices, and related equipment to increase
the annual agreement amount by an additional $600,000, for a revised annual
aggregate amount not to exceed $1,200,000, for the remainder of the current one-
year period and the first of the remaining three optional one-year renewals, if
exercised, subject to non -substantive changes approved by the City Manager and
City Attorney.
22B. APPROVE A PURCHASE ORDER IN THE AMOUNT OF $353,653 TO
TERRADYNE INC. FOR ONE SPECIALIZED RESPONSE VEHICLE FOR THE
POLICE DEPARTMENT (SPECIFICATION NO. 20-088) (NON -GENERAL
FUND)- Finance and Management Services Agency and Police Department
MOTION: Authorize a one-time purchase and payment of purchase order to
Terradyne Inc., for one specialized response vehicle in the amount of $353,653,
subject to non -substantive changes approved by the City Manager and City
Attorney.
Motion to Approve and authorize a one-time purchase and payment of purchase order
to Terradyne Inc., for one specialized response vehicle in the amount of $353,653,
subject to non -substantive changes approved by the City Manager and City Attorney.
Mayor Pro Tern Villegas motioned to approve, seconded by Councilmember Mendoza.
DRAFT CITY COUNCIL MINUTES 1 U4-12 AUGUST 18, 2020
MOTION: Mayor
Tern
Villegas
VOTE: AYES:
Pro SECOND: Councilmember Mendoza
NOES:
ABSTAIN
ABSENT:
Councilmember Bacerra, Councilmember
Mendoza, Councilmember Solorio, Mayor Pro
Tern Villegas, Mayor Pulido (5)
Councilmember
Sarmiento 10�
None (0)
None (0)
Penaloza, Councilmember
22C. AMEND THE BLANKET ORDER CONTRACT WITH HOME DEPOT FOR
CONSTRUCTION, MAINTENANCE AND REPAIR MATERIALS, AND
SUPPLIES FOR AN ADDITIONAL$127,000 (NEW ANNUAL AMOUNT TO NOT
EXCEED $252,000) (SPECIFICATION NO. 17-121) (GENERAL FUND AND
NON -GENERAL FUND) - Finance and Management Services Agency; Public
Works Agency; Parks, Recreation and Community Services Agency and Police
Department
MOTION: Amend the blanket order contract with Home Depot by $127,000, for a
new annual amount not to exceed $252,000, for the purchase of construction,
maintenance and repair materials, and supplies, for the remainder of this contract
term ending December 31, 2020, including the two one-year renewal options,
subject to non -substantive changes approved by the City Manager and City
Attorney.
22D. APPROVE AN INCREASE TO THE PURCHASE ORDER AGGREGATE
AMOUNT WITH ACCO ENGINEERED SYSTEMS, INC. BY $114,239 FOR AN
ANNUAL AMOUNT NOT TO EXCEED $714,239 FOR POLICE
ADMINISTRATION BUILDING HVAC UNIT INSTALLATION AND COOLING
TOWER MEDIA REPLACEMENT (SPECIFICATION NO. 20-049) (GENERAL
FUND) - Finance and Management Services Agency, Public Works Agency and
Police Department
MOTION: Approve an increase to the purchase order aggregate amount for
ACCO Engineered Systems, Inc. by $104,239, with a contingency amount of
$10,000, for an annual amount not to exceed $714,239, for a one-time purchase
order for Police Administration Building HVAC unit installation and cooling tower
media replacement, subject to non -substantive changes approved by the City
Manager and City Attorney.
DRAFT CITY COUNCIL MINUTES 1 U4-13 AUGUST 18, 2020
22E. APPROVE PURCHASE ORDER AMENDMENTS WITH ACCO ENGINEERING,
FM THOMAS, JOHNSON CONTROLS INC., AND TRANE, EXTENDING THE
TERM FOR EIGHT MONTHS AND INCREASING THE COMPENSATION IN A
COMBINED AMOUNT NOT TO EXCEED $385,000 FOR HEATING -
VENTILATION -AIR CONDITIONING REPAIR SERVICES (SPECIFICATION NO.
15-114) (GENERAL FUND) - Finance and Management Services Agency, Public
Works Agency and Police Department
MOTION: Authorize the City Manager to amend the purchase orders with ACCO
Engineering, FM Thomas, Johnson Controls Inc. and Trane for heating,
ventilation, and air conditioning (HVAC) repair services, including emergency on -
call services to extend the term for eight months, beginning October 1, 2020 and
expiring June 30, 2021, and increase the compensation by a shared amount not
to exceed $385,000, subject to non -substantive changes a proved by the City
Manager and City Attorney.
PROJECTS/CHANGE ORDERS
23A. AUTHORIZE A BUDGET REALLOCATION OF $92,084, AND AWARD A
CONSTRUCTION CONTRACT IN THE AMOUNT OF $711,682 TO ELECNOR
BELCO ELECTRIC, INC. FOR THE GRANT -FUNDED FLOWER STREET
BIKEWAY PROJECT (TOTAL ESTIMATED CONSTRUCTION DELIVERY COST
OF $865,587) (PROJECT NO. 17-6897) (NON -GENERAL FUND) - Public Works
Agency
Authorize reallocation of $92,084 in Measure M2 Local Fairshare funds,
$80,000 from the Bike Lane Project Development (Project No. 20-6904) and
$12,084 from the Traffic Safety Project Development (Project No. 20-6905),
to the Flower Street Bikeway Project (Project No. 17-6897) to complete the
funds needed for the construction delivery cost and matching funds
requirement.
Award a construction contract to Elecnor Belco Electric, Inc., the lowest
responsible bidder, in accordance with the base bid in the amount of
$711,682, for construction of the Flower Street Bikeway Project, for the term
beginning August 18, 2020 and ending upon project completion, and
authorize the City Manager to execute the contract subject to non -substantive
changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery
cost of $865,587, which includes $711,682 for the construction contract;
$100,700 for contract administration, inspection and testing; and a $53,205
project contingency for unanticipated or unforeseen work.
DRAFT CITY COUNCIL MINUTES 1 U }4_ 1 4 AUGUST 18, 2020
Councilmember Penaloza inquired if a portion of a bike trail along Warner and
Edinger can be included as part of project.
Executive Director of Public Works Agency Nabil Saba noted that they will look at
section of bike trail, from Warner to Segerstrom on Flower, and look for funding to
execute the project in current or following year.
Motion to Approve
1. Authorize reallocation of $92,084 in Measure M2 Local Fairshare funds, $80,000 from
the Bike Lane Project Development (Project No. 20-6904) and $12,084 from the Traffic
Safety Project Development (Project No. 20-6905), to the Flower Street Bikeway Project
(Project No. 17-6897) to complete the funds needed for the construction delivery cost
and matching funds requirement.
2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible
bidder, in accordance with the base bid in the amount of $711,682, for construction of
the Flower Street Bikeway Project, for the term beginning August 18, 2020 and ending
upon project completion, and authorize the City Manager to execute the contract subject
to non -substantive changes approved by the City Manager and the City Attorney.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$865,587, which includes $711,682 for the construction contract; $100,700 for contract
administration, inspection and testing; and a $53,205 project contingency for
unanticipated or unforeseen work.
Councilmember Penaloza motioned to approve, seconded by Councilmember Solorio.
MOTION
AGREEMENTS
Councilmember SECOND: Councilmember Solorio
Penaloza
.AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
NOES. None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25A. APPROVE PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF
$500,000 WITH CARIBOU INDUSTRIES FOR THE SALE OF CITY -OWNED
DRAFT CITY COUNCIL MINUTES 1 U } _ 1 5 AUGUST 18, 2020
REAL PROPERTY LOCATED AT 203-205 W. CIVIC CENTER DRIVE -
Community Development Agency
Authorize the City Manager to execute a Purchase and Sale Agreement with
Caribou Industries for the sale of City -owned property at 203-205 W. Civic
Center Drive, in the amount of $500,000, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2020-
XXX).
2. Authorize the City Manager to execute any and all agreements necessary to
convey the triangle driveway area south of the YMCA.
Council discussion ensued.
Councilmember Sarmiento spoke regarding the procurement process, community
benefit, and expressed that he is unsupportive of the sale because of lack of public
access. In favor of a long-term leasehold for the applicant or developer to develop
site and allow the city to incur a recurring investment.
Councilmember Sarmiento unsupportive of sale.
Motion to Approve
1. Authorize the City Manager to execute a Purchase and Sale Agreement with Caribou
Industries for the sale of City -owned property at 203-205 W. Civic Center Drive, in the
amount of $500,000, subject to non -substantive changes approved by the City Manager
and City Attorney (Agreement No. A-2020-164).
2. Authorize the City Manager to execute any and all agreements necessary to convey
the triangle driveway area south of the YMCA (Agreement No. A-2020-165).
Councilmember Solorio motioned to approve, seconded by Mayor Pulido.
MOTION: Councilmember SECOND: Mayor Pulido
Solorio
VOTE: AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Solorio, Mayor Pro Tern
Villegas, Mayor Pulido (6)
NOES: Councilmember Sarmiento (1)
ABSTAIN: None (0)
ABSENT: None (0)
DRAFT CITY COUNCIL MINUTES 1 U4-16 AUGUST 18, 2020
25B. APPROVE THIRD AMENDMENT TO THE SANTA ANA POLICE ASSOCIATION
MOU 2018-21 TO COMPLY WITH THE HOLIDAY PAY REPORTING OF
SPECIAL COMPENSATION REQUIREMENTS CONTAINED WITHIN THE
PUBLIC EMPLOYEES' RETIREMENT LAW — Human Resources Department
MOTION: Authorize the City Manager to execute a third amendment to the
Memorandum of Understanding (MOU) with the Santa Ana Police Association
(SAPOA) for the period July 1, 2018 through December 31, 2021, modifying and
delineating specific articles of the MOU to comply with the holiday pay reporting of
special compensation requirements contained within the Public Employees'
Retirement Law (PERL) subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-166 was approved.
25C. APPROVE FIRST AMENDMENT TO THE SANTA ANA POLICE
MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING 2018-
21 (GENERAL FUND) — Human Resources Department
MOTION: Authorize the City Manager to execute an amendment to the
Memorandum of Understanding (MOU) with the Santa Ana Police Management
Association (SAPMA) for the period July 1, 2018 through June 30, 2021,
modifying specific articles of the MOU and extending the term through December
31, 2021, subject to non -substantive changes approved by the City Manager and
City Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-167 was approved.
25D. APPROVE AN AGREEMENT WITH AMERICA ON TRACK TO PROVIDE DRUG
USE PREVENTION EDUCATION PROGRAMS IN AN AMOUNT NOT TO
EXCEED $60,000 (NON -GENERAL FUND) — Parks, Recreation and Community
Services Agency
MOTION: Authorize the City Manager to execute an agreement with America On
Track to provide drug use prevention education programs in an amount not to
exceed $60,000 from August 18, 2020 to June 30, 2021to be funded by the
Cannabis Public Benefit Fund, subject to non -substantive changes approved by
the City Manager and City Attorney. The term of the agreement may be extended
for an additional one (1) year extension upon writing executed by the City
Manager and City Attorney, as services and programs to be provided may not be
able to commence on September 1, 2020 due to the COVID 19 pandemic
(Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-168 was approved.
DRAFT CITY COUNCIL MINUTES 1 U4-17 AUGUST 18, 2020
25E. APPROVE AN AMENDMENT TO THE AGREEMENT WITH SERCO INC. IN
THE MOUNT OF $705,553.53 FOR PARKING ENFORCEMENT SERVICES
FOR THE POLICE DEPARTMENT (GENERAL FUND) — Police Department
MOTION: Authorize the City Manager to execute an amendment to the
agreement with Serco, Inc. for parking enforcement services, in the amount of
$705,553.53, including a 10% contingency of $64,141.23 for the period of July 1,
2020 through June 30, 2021, subject to non -substantive changes approved by the
City Manager and City Attorney (Agreement No. A-2020-XXX).
Motion to Approve and authorize the City Manager to execute an amendment to the
agreement with Serco, Inc. for parking enforcement services, in the amount of
$705,553.53, including a 10% contingency of $64,141.23 for the period of July 1, 2020
through June 30, 2021, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. A-2020-169).
Councilmember Sarmiento motioned to approve, seconded by Mayor Pro Tern
Villegas.
MOTION
VOTE:
Councilmember
Sarmiento
AYES:
SECOND: Mayor Pro Tern Villegas
Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
None (0)
None (0)
None (0)
25F. APPROVE AN AMENDMENT TO THE PURCHASE AND SALE OF REAL
PROPERTY AGREEMENT WITH IN-N-OUT BURGERS TO EXTEND THE TIME
FOR COMPLETION OF CONSTRUCTION BY AN ADDITIONAL 6 MONTHS —
Public Works Agency
MOTION: Authorize the City Manager to amend the agreement with In-N-Out
Burgers, a California corporation, for the sale of City -owned property located at
827, 829, and 907 North Bristol Street, by extending the construction completion
deadline from 18 months to 24 months due to COVID-19 concerns, subject to
non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-XXX).
DRAFT CITY COUNCIL MINUTES 1 U4-18 AUGUST 18, 2020
Councilmember Sarmiento abstained from 25F due to a real property interest in
close proximity to site.
This consent Item - Agreement No. 2020-170 was approved.
25G. APPROVE AGREEMENT WITH TAIT ENVIRONMENTAL SERVICES, INC.,
FOR A FIVE YEAR TERM FOR UNDERGROUND STORAGE TANK (UST)
MAINTENANCE, REPAIR AND TESTING, IN AN AMOUNT NOT TO EXCEED
$600,000 (NON -GENERAL FUND) — Public Works Agency and Police
Department
MOTION: Authorize the City Manager to execute an agreement with TAIT
Environmental Services, Inc., for maintenance, inspection and testing of
underground storage tanks, for period beginning September 1, 2020, and expiring
August 31, 2023. The agreement includes a provision for two one-year renewal
options exercisable by the City Manager and City Attorney, in an annual amount
of $100,000, with an additional annual contingency of $20,000, for an amount not
to exceed $120,000 annually. The total agreement amount is not to exceed
$600,000, including the renewal options, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-171 was approved.
18MOM W9»Yi1T/ W_10%ldi1:1►1QJi1:1►10ri11►1N :70:1w1:1►rrTaArr:Idi124
PRINTING FOR OFFSET PRINTING SERVICES BY $35,000 ANNUALLY PLUS
AN ADDITIONAL $40,000 FOR FY 20-21 FOR A TOTAL INCREASE OF
$215.000.00 (GENERAL FUND AND NON -GENERAL FUND) — Finance and
Management Services Agency
MOTION: Authorize the City Manager to execute an amendment to the
agreement with Mekong Printing, Inc., dba MK Printing, increasing the annual
amount for offset printing services up to $115,000 for an annual increase of
$35,000 plus an additional $40,000 for FY 20-21 for a total contract increase of
$215,000 for the three-year term ending June 3, 2022 and any renewal periods,
subject to non -substantive changes approved by the City Manager and City
Attorney (Agreement No. A-2020-XXX).
This consent Item - Agreement No. 2020-172 was approved.
MISCELLANEOUS - BUDGET
29A. APPROVE A SOLE SOURCE PURCHASE ORDER TO THE NATIONAL
FITNESS CAMPAIGN, LLC (NFC) FOR THE PURCHASE OF NFC FITNESS
COURTS AT EL SALVADOR PARK AND CABRILLO PARK FOR AN AMOUNT
NOT TO EXCEED $218,130 TO BE FUNDED BY THE CANNABIS PUBLIC
DRAFT CITY COUNCIL MINUTES 1 U4-19 AUGUST 18, 2020
BENEFIT FUND AND APPROVE AN AMENDMENT TO FISCAL YEAR 2020-21
CAPITAL IMPROVEMENT PROGRAM (NON -GENERAL FUND) - Parks,
Recreation and Community Services Agency and Public Works Agency
Approve a sole source purchase order to the National Fitness Campaign, LLC
(NFC) for NFC Fitness Courts at El Salvador Park and Cabrillo Park for an
amount not to exceed $218,130 to be funded by the Cannabis Public Benefit
Fund, subject to non -substantive changes approved by the City Manager and
City Attorney.
2. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement
Program to include the El Salvador Park Fitness Court and the Cabrillo Park
Fitness Court projects.
RESOLUTIONS - CONSENT
55A. ADOPT A RESOLUTION AUTHORIZING THE CITY TO APPLY FOR AND
ADMINISTER THE PERMANENT LOCAL HOUSING ALLOCATION PLAN —
Community Development Agency
MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AND
ADOPTING A PLAN AND AUTHORIZING THE SUBMISSION OF AN
APPLICATION FOR PERMANENT LOCAL HOUSING ALLOCATION ("PLHA")
FUNDS
This consent Item - Resolution No. 2020-062 was approved.
55B. ADOPT A RESOLUTION TO UPDATE AND CENTRALIZE THE CITY'S
MASTER PAY SCHEDULE FOR FISCAL YEARS 2016-2017, 2017-2018, AND
2018-2019 IN CONFORMANCE WITH TITLE 2 OF THE CALIFORNIA CODE
OF REGULATIONS SECTION 570.5 AND THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM — Human Resources Department
MOTION: Adopt a resolution. Resolution No. 2020-XXX -ADOPT A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO
UPDATE AND CENTRALIZE THE CITY'S MASTER SALARY SCHEDULE FOR
FISCAL YEARS 2016-2017, 2017-2018, AND 2018-2019 IN CONFORMANCE
WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS, SECTION
570.5 AND THE CALIFORNIA EMPLOYEES' RETIREMENT SYSTEM
(CALPERS)
This consent Item - Resolution No. 2020-063 was approved.
DRAFT CITY COUNCIL MINUTES 104-20 AUGUST 18, 2020
55C. ADOPT RESOLUTION APPROVING THE SANTA ANA SAFE ROUTES TO
SCHOOL PLAN (PROJECT NO. 17-6730) — Public Works Agency
MOTION: Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SANTA
ANA SAFE ROUTES TO SCHOOL PLAN
This consent Item - Resolution No. 2020-064 was approved.
BUSINESS CALENDAR
ADMINISTRATIVE MATTERS - BUSINESS
60A. ADOPT A FIRST AMENDMENT TO THE COVID-19 RESPONSE FUNDING
PLAN; AUTHORIZE APPROVAL OF AGREEMENTS TO IMPLEMENT THE
PLAN; APPROVE AN APPROPRIATION ADJUSTMENT RECOGNIZING
$11,598,442 OF EMERGENCY SOLUTIONS GRANTS PROGRAM COVID-19
FUNDS (NON -GENERAL FUNDS) - Community Development Agency
1. Adopt a First Amendment to the COVID-19 Response Funding Plan for the
allocation, administration and implementation of federal and state funding to
respond to the coronavirus (COVID-19) pandemic to add $11,598,442
Emergency Solutions Grant Coronavirus Funds, subject to adjustment by the
City Manager as needed in response to shifting needs and priorities not to
exceed the amount of funds available (First Amendment to COVID-19
Response Funding Plan).
2. Direct the City Attorney to finalize and authorize the City Manager to enter
into negotiations, execute agreements, and approve any other required
actions necessary with various service providers, contractors, and sub -
recipients, who will implement the First Amendment to the COVID-19
Response Funding Plan, subject to non -substantive changes approved by the
City Manager and City Attorney.
3. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-010 - Recognizing a second
allocation of Emergency Solutions Grants Program Coronavirus funds from
the U.S. Department of Housing and Urban Development in the amount of
$11,598,442 in revenue account and appropriating same to expenditure
account.
City Manager Kristine Ridge provided a brief presentation.
Motion to Approve
DRAFT CITY COUNCIL MINUTES 104-21 AUGUST 18, 2020
1. Adopt a First Amendment to the COVID-19 Response Funding Plan for the allocation,
administration and implementation of federal and state funding to respond to the
coronavirus (COVID-19) pandemic to add $11,598,442 Emergency Solutions Grant
Coronavirus Funds, subject to adjustment by the City Manager as needed in response
to shifting needs and priorities not to exceed the amount of funds available (First
Amendment to COVID-19 Response Funding Plan).
2. Direct the City Attorney to finalize and authorize the City Manager to enter into
negotiations, execute agreements, and approve any other required actions necessary
with various service providers, contractors, and sub -recipients, who will implement the
First Amendment to the COVID-19 Response Funding Plan, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. A-2020-
181).
3. Approve an appropriation adjustment. (Requires five affirmative votes).
APPROPRIATION ADJUSTMENT NO. 2021-010 - Recognizing a second allocation of
Emergency Solutions Grants Program Coronavirus funds from the U.S. Department of
Housing and Urban Development in the amount of $11,598,442 in revenue account and
appropriating same to expenditure account.
Councilmember Solorio motioned to approve, seconded by Councilmember Penaloza.
MOTION
Councilmember SECOND: Councilmember Penaloza
Solorio
Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
None (0)
None (0)
None (0)
60B. APPROVE FIRST READING OF ORDINANCE TO AMEND CHAPTER 2,
ARTICLES I AND IV OF THE SANTA ANA MUNICIPAL CODE AND
REPEALING SECTIONS 33-183 AND 33-184 - Clerk of the Council Office; City
Attorney's Office; Parks, Recreation & Community Services Agency and Public
Works Agency
MOTION: Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLES I AND IV
DRAFT CITY COUNCIL MINUTES 1 U4_22 AUGUST 18, 2020
AND REPEALING SANTA ANA MUNICIPAL CODE SECTIONS 33-183 AND
SECTIONS 33-184
City Manager Kristine Ridge provided a brief presentation and described the
substantial changes.
Motion to Adopt to place ordinance on first reading and authorize publication of title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING
SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLES I AND IV AND REPEALING
SANTA ANA MUNICIPAL CODE SECTIONS 33-183 AND SECTIONS 33-184.
Councilmember Solorio motioned to adopt, seconded by Councilmember Penaloza.
VOTE:
Councilmember
Solorio
AYES:
NOES:
FA- 1101 a
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Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
None (0)
None (0)
ABSENT: None (0)
PUBLIC HEARINGS
75A. PUBLIC HEARING - ADOPT AN ORDINANCE AMENDING CHAPTER 8,
ARTICLE X OF THE SANTA ANA MUNICIPAL CODE RELATING TO
REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT AND/OR
DEFAULTED MORTGAGE PROPERTIES TO ADD HISTORIC PROPERTIES
AND PROVIDE ADDITIONAL PROPERTY OWNER RESPONSIBILITIES AND
ENFORCEMENT BY CITY - Planning and Building Agency Legal Notice
published in the Orange County Reporter on August 7, 2020.
Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 8,
ARTICLE X OF THE SANTA ANA MUNICIPAL CODE RELATING TO
REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT
AND/OR DEFAULTED MORTGAGE PROPERTIES; ADDING HISTORIC
PROPERTIES; PROVIDING FOR ADDITIONAL PROPERTY OWNER
DRAFT CITY COUNCIL MINUTES 1 U4-23 AUGUST 18, 2020
RESPONSIBILITIES, AS WELL AS ADDITIONAL ENFORCEMENT
OPTIONS BY CITY; AND, PROVIDING FOR MONITORING PROGRAM BY
CITY
2. Authorize the City Manager and the Clerk of the Council to amend an existing
two-year agreement with Property Registration Champions LLC for the
administration and collection of the Citywide Foreclosure Program, to include
historic properties and additional vacant properties subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. A-
2020-XXX).
Mayor Pulido opened the public hearing at 10:13 p.m.
Clerk of the Council Daisy Gomez made an announcement regarding eComments
received.
Executive Director of Planning and Building Agency Minh Thai provided a brief
presentation.
Seeing there were no speakers, Mayor Pulido closed the public hearing at 10:19
p. M.
- X-
Council discussion ensued.
Councilmember Bacerra spoke, moved the item with amended language.
Councilmember Penaloza spoke and seconded the motion. To staff, expressed
the possibility of increasing Code Enforcement officers.
Executive Director of Planning and Building Agency Minh Thai spoke.
City Attorney Sonia Carvalho spoke. She noted the importance of having a plan of
action from City Attorney staff and obtain outside counsel to assist.
Councilmember Solorio expressed concern with lack of funding for staff.
City Manager Kristine Ridge noted that the fee is being increased to cover cost of
program and funds are deposited into the Foreclosure Abandoned and Vacant
Property Registration Program.
Councilmember Sarmiento expressed the importance of discerning a property
owner who is pursuing permitting and improvements to their property versus a
property owner who is not.
Executive Director of Planning and Building Agency Minh Thai spoke regarding a
registration requirement to ensure the property is secure and safe and that the
ordinance will apply when the city is unable to solicit compliance.
DRAFT CITY COUNCIL MINUTES 104-24 AUGUST 18, 2020
Councilmember Sarmiento requested staff to look into adding an independent
section in the recital that clarifies the purpose of the ordinance - to use it on
properties that are intentionally out of compliance.
Executive Director of Planning and Building Agency Minh Thai spoke and
expressed that he will work with the City Attorney's Office in preparation for the
second reading of the ordinance.
Motion to Adopt as amended:
In Section 8-1987(b) include a provision of on -site security guard services. In Section 8-1987(f)
include the local property management shall inspect the property on a weekly basis or more
frequently to determine if the property is in compliance with the requirements of this division. If it
is determined that the property is not incompliance, it is the company's responsibility to bring the
property in compliance; and strike the words, Property Management company.
1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING CHAPTER 8, ARTICLE X OF THE SANTA ANA
MUNICIPAL CODE RELATING TO REGISTRATION AND MAINTENANCE OF ABANDONED,
VACANT AND/OR DEFAULTED MORTGAGE PROPERTIES; ADDING HISTORIC
PROPERTIES; PROVIDING FOR ADDITIONAL PROPERTY OWNER RESPONSIBILITIES, AS
WELL AS ADDITIONAL ENFORCEMENT OPTIONS BY CITY; AND, PROVIDING FOR
MONITORING PROGRAM BY CITY
2. Authorize the City Manager and the Clerk of the Council to amend an existing two-year
agreement with Property Registration Champions LLC for the administration and collection of
the Citywide Foreclosure Program, to include historic properties and additional vacant
properties subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. A-2020-182).
Councilmember Bacerra motioned to adopt as amended, seconded by Councilmember
Penaloza.
MOTION: Councilmember SECOND: Councilmember Penaloza
Bacerra
VOTE- AYES:
NOES:
ABSTAIN
ABSENT:
Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio, Mayor Pro Tern Villegas, Mayor
Pulido (7)
None (0)
None (0)
None (0)
DRAFT CITY COUNCIL MINUTES 1 U4-25 AUGUST 18, 2020
75B. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2020-03 TO
AMEND CHAPTER 41 (ZONING) RELATING TO THE HOUSING
OPPORTUNITY ORDINANCE AND ADOPT AN AMENDMENT TO THE
AFFORDABLE HOUSING FUNDS POLICIES AND PROCEDURES - CITY OF
SANTA ANA, APPLICANT - Planning and Building Agency Planning
Commission approved recommended action on August 3, 2020 by a vote of 7-
0. Legal Notice published in the Orange County Reporter on August 7, 2020.
1. Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 41,
ARTICLE XVIII.I (HOUSING OPPORTUNITY ORDINANCE) OF THE SANTA
ANA MUNICIPAL CODE TO MODIFY APPLICABILITY AND VARIOUS
IMPLEMENTATION PROVISIONS OF THE ORDINANCE
2. Adopt an amendment to the City's Affordable Housing Funds Policies and
Procedures, subject to non -substantive changes approved by the City
Manager and City Attorney.
Mayor Pulido opened the public hearing at 10:40 p.m.
Isuri Ramos spoke in opposition to item 75B.
Jessie Lopez stated that the Housing Opportunity Ordinance is a good thing,
however, expressed concern with Item 75B.
Manny Escamilla expressed concern with lack of affordable housing
Christopher Pardon with Santa Ana Active Streets spoke in opposition to the
proposed amendment.
Melissa Palmerin spoke in opposition to Item 75B and expressed concern with lack
of affordable housing.
Speaker Delgado spoke in opposition of item 75B and urges council not to make
changes to the Housing Opportunity Ordinance.
Tommy spoke in opposition to Item 75B, expressed support for affordable housing
and spoke on other topics.
John Hanna with Southwest Regional Council of Carpenters spoke regarding the
proposed amendment in Item 75B and use of local trained and skilled workforce.
Ugochi Nicholson spoke in support of affordable housing and expressed opposition
in adopting the proposed changes at this time.
Hairo Cortes Director of Chispa spoke in opposition to the proposed amendments
in Item 75B.
DRAFT CITY COUNCIL MINUTES 1 U4-26 AUGUST 18, 2020
Carla Juarez spoke in opposition to Item 75B and expressed concern with the lack
of affordable housing in the city.
Diego spoke in support of the amendment to the Housing Opportunity Ordinance.
Brian Hendricks spoke in support of Item 75B.
Speaker Flores spoke in opposition of Item 75B, expressed concern with a higher
rent burden and urges council to vote no.
Ernesto Madrano with the Los Angeles/Orange Counties Building and
Construction Trades Council expressed the importance of the housing needs and
use of a local trained and skilled workforce.
Luis Andres Perez representing UA Local 582 Plumbers and Steamfitters spoke in
support of the amended language in Item 75B, the importance of local
apprenticeships perpetuating local buyers, and urges council to support the
amendments.
Steve Gallegos expressed concern with Item 75B and expressed concern with
public comment input.
Lindsey Anderson expressed concern with lack of affordable housing and various
other topics. ,
-
Casey Hydler with Tom's Truck Center, spoke regarding reasonable fees.
Hilda Ortiz with Latino Health Access spoke in opposition to the proposed changes
in the Housing Opportunity Ordinance, expressed concern with the lack of
affordable housing, asked council to prioritize the needs of residents and urges
council to vote no on the item.
Tim O'Brien with Legacy Partners, spoke in support of the reduction of fees.
Sunti Kumjim with the Building Industry Association Orange County Chapter spoke
in support of the reduction of fees, and cautions against mandating any type of
labor in connection with the reduced fee.
Cesar Covarubias with the Kennedy Commission spoke regarding the need for
affordable housing, expressed concern with the proposal that is in contradiction
with the general plan and housing element and other matters.
Eric Nelson Vice President with the Building Industry Association Orange County
Chapter, spoke in support of item 75B but expressed concern with mandating any
type of labor in connection with the reduced fee.
DRAFT CITY COUNCIL MINUTES 1 U -27 AUGUST 18, 2020
Nathaniel Greenside spoke in opposition to Item 75B, expressed concern that the
reduced in lieu fees will create immediate de -stabilization of the housing market in
the city, asked council to work with community -based entities, and urged council
to vote no.
Steve LaMotte with Building Industry Association spoke in support of item 75B.
Clerk of the Council Daisy Gomez reported out on eComments received.
Mayor Pulido closed the public hearing at 12:00 p.m. after the last speaker spoke.
Council discussion ensued.
Councilmember Bacerra expressed that the Housing Opportunity Ordinance has
failed to deliver on its promises. Believes that the proposed revisions will do much
more to help generate revenue for the Inclusionary Housing fund and encourage
the building of housing units at all income levels.
Councilmember Mendoza spoke, regarding the labor unions not having a fair
opportunity to hash out the proposed mandated language with the skilled
workforce early on. Expressed support of a compromise.
Motion to adopt as amended to take it from 6 months to a year for those projects that are
in the pipeline. moved by Mayor Pulido seconded by Mayor Pro Tem Villegas.
Councilmember Penaloza expressed concerns regarding the in lieu fees. Offer a
friendly amendment to make it $5 in lieu fees across the board.
Councilmember Solorio expressed support of the financing changes as
recommended or going to $5. Request staff to meet with building trade leaders,
private sector and affordable housing partners. Spoke regarding inclusion of an
apprenticeship program, local hire program and use of the in -lieu funds.
Mayor Pro Tern Villegas is supportive of the friendly amendment made by
Councilmember Penaloza as to the 5 and 5.
Mayor Pulido accepted Penaloza's friendly amendment.
Councilmember Solorio requesting staff to meet with the labor leaders to consider
options.
Councilmember Sarmiento expressed concern regarding the 80% of the residents
that live below the poverty level.
Mayor Pro Tern Villegas spoke regarding affordable housing. Noted that affordable
housing cannot be restricted to current Santa Ana residents and noted that all cities
in the county need to provide affordable housing.
DRAFT CITY COUNCIL MINUTES 1 U4_28 AUGUST 18, 2020
Councilmember Mendoza made a substitute motion to continue the item, but died
due to a lack of a second.
Councilmember Penaloza spoke regarding mandatory skilled workforce labor.
Councilmember Penaloza spoke regarding an annual review period of the fee.
Mayor Pulido spoke and called for the vote.
City Manager Kristine Ridge read the amended motion:
Introduced the first reading of the amendment to the Housing Opportunity
Ordinance (HOO) with the two amendments as follows:
1) Make it $5 across the board for both new developers and those that are
entitled but not permitted, and
2) Provide those that are entitled but not permitted a time -period of 12 months
as opposed to 6 months to pull permits for those that are already in the pipeline.
If they do not permit within 12 months, it will go back to $15.
Councilmember Bacerra expressed support of Councilmember's Solorio request
for staff to meet with the labor leaders to consider options.
Mayor Pulido in support of adding to the motion for staff to meet with labor leaders
and bring back recommendations to council.
Motion to Adopt as amended to introduced the first reading of the amendment to the Housing
Opportunity Ordinance (HOO) with the amendments as follows:
1) Make it $5 across the board for both new developers and those that are entitled but not
permitted, and
2) Provide those that are entitled but not permitted a time -period of 12 months as opposed to 6
months to pull permits for those that are already in the pipeline. If they do not permit within 12
months, it will go back to $15.
Staff to meet with labor leaders and bring back recommendations to council.
1. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE
CITY OF SANTA ANA AMENDING CHAPTER 41, ARTICLE XVIII.I (HOUSING
OPPORTUNITY ORDINANCE) OF THE SANTA ANA MUNICIPAL CODE TO MODIFY
APPLICABILITY AND VARIOUS IMPLEMENTATION PROVISIONS OF THE ORDINANCE
2. Adopt an amendment to the City's Affordable Housing Funds Policies and Procedures,
subject to non -substantive changes approved by the City Manager and City Attorney.
Mayor Pulido motioned to adopt as amended, seconded by Councilmember Solorio.
DRAFT CITY COUNCIL MINUTES 1 U4-29 AUGUST 18, 2020
MOTION: Mayor SECOND: Councilmember Solorio
Pulido
VOTE: AYES: Councilmember Bacerra, Councilmember
Penaloza, Councilmember Solorio, Mayor Pro
Tern Villegas, Mayor Pulido (5)
NOES: Councilmember Mendoza, Councilmember
Sarmiento (2)
ABSTAIN: None (0)
ABSENT: None (0)
75C. PUBLIC HEARING -ADOPT A RESOLUTION CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT NO. 2020-02, GENERAL PLAN
AMENDMENT NO. 2020-01, AMENDMENT APPLICATION NO. 2020-01, AND
OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION
INCONSISTENCY ACTION FOR A MIXED USE DEVELOPMENT PROJECT
PROPOSED AT 2300, 2310, AND 2320 SOUTH REDHILL AVENUE - Planning
and Building Agency Planning Commission approved recommended action on
May 26, 2020 by a vote of 5-0 (Phan abstained and Contreras -Leo
absent). Legal Notice published in the Orange County Reporter on August 7,
2020, and notices mailed on August 6, 2020.
1. Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA (1) ADOPTING
ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF
OVERRIDING CONSIDERATIONS FOR THE PROPOSED PROJECT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2)
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (STATE
CLEARINGHOUSE NO. 2019080011), (3) ADOPTING THE MITIGATION
MONITORING AND REPORTING PROGRAM, AND (4) APPROVING THE
PROPOSED MIXED -USE COMMERCIAL AND RESIDENTIAL
DEVELOPMENT LOCATED WITHIN THE CITY OF SANTA ANA LOCATED
AT 2300, 2310, AND 2320 SOUTH REDHILL AVENUE
2. Adopt a resolution. Resolution No. 2020-XXX - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL
PLAN AMENDMENT NO. 2020-02 AMENDING THE LAND USE ELEMENT
TO DISTRICT CENTER FOR THE PROPERTY LOCATED AT 2300, 2310,
AND 2320 SOUTH REDHILL AVENUE
3. Place ordinance on first reading and authorize publication of title. AN
ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT
APPLICATION NO. 2020-01 REZONING THE PROPERTY LOCATED AT
2300, 2310, AND 2320 SOUTH REDHILL AVENUE FROM LIGHT
DRAFT CITY COUNCIL MINUTES 1 U 30_3O AUGUST 18, 2020
INDUSTRIAL (M-1) TO SPECIFIC DEVELOPMENT NO. 96 (SD-96) AND
ADOPTING SD-96 FOR SAID PROPERTY
4. Adopt a resolution. (Requires five affirmative votes). Resolution No. 2020-
XXX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE
COMMISSION'S DETERMINATION OF INCONSISTENCY FOR A MIXED -
USE DEVELOPMENT PROJECT LOCATED 2300, 2310 AND 2320 SOUTH
REDHILL WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN
WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS
Mayor Pulido opened the public hearing at 12:43 p.m.
City Clerk of the Council Daisy Gomez spoke on behalf of Austin Lombard. In
addition, reported out on eComments received for the record.
Dale Helving spoke in opposition to Item 75C and expressed potential liability the
City would incur.
Tim Rush spoke in opposition to Item 75C and expressed concerns with developer.
John Hanna with Southwest Regional Council of Carpenters supports item,
developer and noted the project will create revenue for the city.
Steve LaMotte with Building Industry Association spoke in support of item, and
noted the project will add housing units and revitalize open space.
Nathaniel Greenside expressed concern with the lack of affordable housing units
in the project.
Speaker Jim spoke in support of the project.
Carla Juarez spoke regarding affordable housing availability.
Will Winkenhofer representing the applicant introduced himself.
Mayor Pulido closed the public hearing at 1:11 AM.
Executive Director of Planning and Building Agency Minh Thai spoke regarding
liability and condition of indemnification requirement.
Motion to Adopt
1. Adopt a resolution. Resolution No. 2020-065 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA (1) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND
A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPOSED PROJECT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (2) CERTIFYING THE
DRAFT CITY COUNCIL MINUTES 1 U -3 1 AUGUST 18, 2020
FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2019080011),
(3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, AND (4)
APPROVING THE PROPOSED MIXED -USE COMMERCIAL AND RESIDENTIAL
DEVELOPMENT LOCATED WITHIN THE CITY OF SANTA ANA LOCATED AT 2300, 2310,
AND 2320 SOUTH REDHILL AVENUE
2. Adopt a resolution. Resolution No. 2020-066 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2020-02
AMENDING THE LAND USE ELEMENT TO DISTRICT CENTER FOR THE PROPERTY
LOCATED AT 2300. 2310. AND 2320 SOUTH REDHILL AVENUE
3. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE
CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2020-01 REZONING THE
PROPERTY LOCATED AT 2300, 2310, AND 2320 SOUTH REDHILL AVENUE FROM LIGHT
INDUSTRIAL (M-1) TO SPECIFIC DEVELOPMENT NO. 96 (SD-96) AND ADOPTING SD-96
FOR SAID PROPERTY
4. Adopt a resolution. (Requires five affirmative votes). Resolution No. 2020-067- A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE
ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF
INCONSISTENCY FOR A MIXED -USE DEVELOPMENT PROJECT LOCATED 2300, 2310
AND 2320 SOUTH REDHILL WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN
WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS moved by Councilmember Solorio
seconded by Councilmember Sarmiento.
Councilmember Solorio motioned to adopt, seconded by Councilmember Sarmiento.
MOTION: Councilmember SECOND: Councilmember Sarmiento
Solorio
VOTE:, AYES: Councilmember Bacerra, Councilmember
Mendoza, Councilmember Penaloza,
Councilmember Sarmiento, Councilmember
Solorio (5)
NOES`:_ Mayor Pro Tern Villegas, Mayor Pulido (2)
ABSTAIN: None (0)
NT: None (0)
COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member
of the City Council may place items on the City Council Agenda to be considered by the
City Council. Only action available to City Council is to provide direction to City
Manager.
85A. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO DIRECT
STAFF TO PREPARE A RESOLUTION ON BEHALF OF THE SANTA ANA
CITY COUNCIL ENDORSING PROPOSITION 20 WHICH WILL RESTORE THE
DRAFT CITY COUNCIL MINUTES 1 U 3 _32 AUGUST 18, 2020
ABILITY TO AUTHORIZE FELONY SENTENCES FOR CERTAIN OFFENSES
CURRENTLY TREATED AS MISDEMEANORS - Councilmembers Bacerra and
Penaloza
Councilmember Bacerra requested to pull the item and bring it back at the next
meeting.
85B. DISCUSS AND CONSIDER WHETHER TO DIRECT STAFF TO PREPARE AND
PRESENT TO THE COUNCIL DOCUMENTS NECESSARY TO EXTEND THE
TIME TO CIRCULATE ALL CITIZEN INITIATIVE PETITIONS FILED IN 2020
PAST THE USUAL 180-DAY PERIOD UNDER AUTHORITY OF THE CITY
CHARTER AND CONSISTENT WITH THE SANGIACOMO V. ALEX PADILLA,
SECRETARY OF STATE DECISION - Councilmember Sarmiento
Item continued to the next meeting.
85C. DISCUSS AND CONSIDER DIRECTING THE CITY MANAGER TO DISCUSS
POLICE DEPARTMENT'S JULY 25, 2019 PLAN ADDRESSING
ENFORCEMENT OF ANTI -CAMPING AND PANHANDLING LAWS, AND
PROVIDE DIRECTION TO CITY MANAGER AS APPROPRIATE RELATED TO
ENFORCEMENT OF THESE LAWS AND OTHER COMMUNITY POLICING
PRIORITIES FOR THE 2020-21 FISCAL YEAR - Councilmember Solorio
Item continued to the next meeting.
COMMENTS
90A. CITY MANAGER'S COMMENTS — None.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Mendoza announced that City Manager Kristine Ridge will
provide an update on COVID-19 testing by email.
ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday,
September 1, 2020 at 5:00 p.m. for the Closed Session Meeting immediately followed
by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic
Center Plaza, Santa Ana, California.
Adjourn the City Council meeting at 1:20 a.m. on Wednesday, August 19, 2020 in honor
of Lydia Romero Cruz.
DRAFT CITY COUNCIL MINUTES 1 U 3 _33 AUGUST 18, 2020
jmf 8/27/20
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADDING ARTICLE XV
(SYRINGE EXCHANGE PROGRAMS) TO
CHAPTER 18 OF THE SANTA ANA MUNICIPAL
CODE (HEALTH AND SANITATION) PROHIBITING
SYRINGE EXCHANGE PROGRAMS FROM
OPERATING IN THE CITY OF SANTA ANA
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
WHEREAS, the state of California, acting through the California Department of
Public Health (CDPH), regulates the operation of Syringe Exchange Programs (SEPs),
which serve to provide sterile syringes, collect used ones, and dispense health education
for people who inject intravenous drugs; and
WHEREAS, according to the CDPH, there are more than 50 SEPs operating in
California: and
WHEREAS, sections 121349 through 121349.3 of the California Health and Safety
Code, and Title 17 (Division 1, Chapter 4, Subchapter 15) of the California Code of
Regulations, collectively govern the operation of SEPs, which may be authorized by the
state or localities under the standards enumerated therein: and
WHEREAS, since 2015, licensed pharmacies throughout California have been
authorized to sell syringes to adults without a prescription with no limits on the number of
syringes that may be sold, and California law further allows adults to purchase and
possess an unlimited number of syringes for personal use when acquired from a
pharmacy, physician, or authorized SEP; and
WHEREAS, among the operational requirements is that an SEP "shall operate and
furnish services in compliance with all applicable state laws, regulations and local
ordinances," 17 CCR section 7014; and
WHEREAS, from 2016 to 2018, the Orange County Needle Exchange Program
(OCNEP) was certified by CDPH to operate a SEP in the Santa Ana Civic Center,
functioning regularly on City -owned premises under a Memorandum of Understanding
with Santa Ana; and
WHEREAS, on a sustained basis, and despite the City's pleas, OCNEP failed to
properly recover and safely dispose of used hypodermic needles and syringes distributed
at the Civic Center, resulting in thousands of used hypodermic needles being discarded
in or on the adjacent public buildings, libraries, streets, sidewalks, parks, and waterways
Ordinance No. NS-XXX
Page 1 of 6
11 A-1
both in Santa Ana and elsewhere in Orange County, as documented by the City of Santa
Ana in a letter to OCNEP dated December 8, 2017; and
WHEREAS, on this basis, the City terminated its Memorandum of Understanding
with OCNEP effective January 5, 2018, thereby withdrawing its permission to operate on
City premises; and
WHEREAS, OCNEP subsequently applied to the CDPH to operate a new, mobile -
based SEP that would operate in Costa Mesa, Santa Ana, Anaheim, and Orange, and
was given approval by CDPH in mid-2018 over written objection by Santa Ana and these
other jurisdictions; and
WHEREAS, California law does not explicitly require the City to authorize the
establishment and/or operation of mobile or fixed site SEPs, and SEPs are not an
enumerated use under the Santa Ana Municipal Code, and no provision of the City's Code
specifically addresses SEPs; and
WHEREAS, the County of Orange, and the cities of Costa Mesa, Anaheim and
Orange took legal action to block OCNEP's mobile SEP from operating, contending that
the CDPH's approval of the mobile needle exchange violated the California
Environmental Quality Act (CEQA) on the basis that the needle exchange program had
resulted in syringe litter, which created environmental impacts to public health and safety
that had not been addressed through CEQA environmental review; and
WHEREAS, the City of Santa Ana supported this litigation; and
WHEREAS, on October 25, 2019, following the earlier issuance of a preliminary
injunction, the San Diego County Superior Court ruled in favor of the County and the other
plaintiff cities, finding that the mobile SEP approved through the CDPH authorization was
a "project" subject to CEQA review; and
WHEREAS, while the City of Santa Ana recognizes that properly located and
regulated SEPs may help prevent the spread of blood -borne diseases, the demonstrated
negative impacts of SEPs, including but not limited to the improper disposal of syringes
and congregation of persons addicted to drugs near schools, libraries, parks and
playgrounds, pose a grave threat to the public health, safety and welfare in Orange
County that cannot be adequately mitigated; and
WHEREAS, syringe and needle waste represents a public health hazard for
children, adults, and public employees, including City staff in the Police, Code
Enforcement, and Public Works Departments, through unnecessary exposure and risk of
injury due to improper disposal of syringes; and
WHEREAS, according to the CDPH, SEPs operate in a variety of settings from
fixed sites or storefronts to mobile services, which may consist of a van or bus parked on
a public street or on private property; and
Ordinance No. NS-XXX
Page 2 of 6
11 A-2
WHEREAS, absent local regulation, an SEP authorized by the CDPH may be
operated in locations where the impact of such operations has greater negative impacts
on the public health and welfare than other locations; and
WHEREAS, pursuant to the City's police power, as granted broadly under Article
XI, Section 7 of the California Constitution and Section 200 of the City Charter, the City
Council has the authority to enact and enforce ordinances and regulations for the public
peace, health, and welfare of the City and its residents; and
WHEREAS, the City desires to exercise its local power and authority to prohibit
SEPs from operating in Santa Ana pursuant to Chapter 18 of the Santa Ana Municipal
Code (Health and Sanitation); and
WHEREAS, based on the findings above, the City Council has determined that
there exists a threat to public health, safety, and welfare if the City does not add Article
XV to Chapter 18 of the Municipal Code to prohibit SEPs from operating in Santa Ana;
and
WHEREAS, all of the aforementioned findings, reports, and evidence shall be
included as part of the record before the City in this matter, and are hereby incorporated
into the City Council's record and findings related to this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject
to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines
because it will not result in a direct or reasonably foreseeable indirect physical change in
the environment as there is no possibility it will have a significant effect on the
environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines.
SECTION 1. New Article XV (Syringe Exchange Programs) is hereby added to
Chapter 18 of the Santa Ana Municipal Code (Health and Sanitation) to read in full as
follows:
ARTICLE XV. — SYRINGE EXCHANGE PROGRAMS
Sec. 18-663. - Purpose and Intent.
The purpose and intent of this Article is to prohibit Syringe Exchange Programs
from operating in the City of Santa Ana in order to protect the public from the health and
safety risks associated with such programs and with the improper disposal of syringes,
needles, and related waste. For purposes of this Article, "Syringe Exchange Program"
means a program authorized by the County of Orange or the California Department of
Public Health and operating within the jurisdictional boundaries of the City of Santa Ana
that acts as a point of access to health education and care for people who inject drugs,
where hypodermic needles and/or syringes are dispensed, or where used syringes are
collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California
Ordinance No. NS-XXX
Page 3 of 6
11 A-3
Health and Safety Code, or successor section or chapter thereof, such that persons
participating in and/or operating such programs are exempt from criminal prosecution for
acts related to the possession of needles and/or syringes.
Sec. 18-664. -Syringe Exchange Programs Prohibited.
The operation of any Syringe Exchange Program on public and/or private property,
including but not limited to a public street, alley, sidewalk or right-of-way, is prohibited in
all locations, areas, and/or zoning districts in the City of Santa Ana. No use permit,
variance, building permit, or any other entitlement, license or permit, whether
administrative or discretionary, shall be approved or issued for a Syringe Exchange
Program. Except as otherwise provided in California Health and Safety Code section
121349.1 or any successor statute, it shall be unlawful for any person or entity to own,
manage, conduct, or operate, or as a landlord or land owner (or as such landlord or land
owner's agent, property manager or similar person having control over real property on
behalf of its owner) to allow or permit to exist, or be established, conducted, operated,
owned or managed on or within real property owned or controlled by such person, any
Syringe Exchange Program, or to participate as a landlord, lessor, land owner, employee,
contractor, agent or volunteer, or in any other manner or capacity, in any Syringe
Exchange Program. Each day a violation of this provision of this Article is committed, or
permitted to continue, shall constitute a separate offense.
Sec. 18-655. - Penalty.
Except as otherwise provided by California Health and Safety Code section
121349.1, or any successor statute, any person violating or failing to comply with any of
the provisions of this Article is guilty of a misdemeanor and shall be punished by a fine
not to exceed one thousand dollars or by imprisonment not to exceed six months, or by
both such fine and imprisonment. Each such person is guilty of a separate offense for
each and every day during any portion of which any violation of the provisions of the
Article is committed.
Alternatively, any violation of this Article may be enforced by the City, the City's
Police Department, or a code enforcement officer in accordance with the procedures set
forth in Chapter 1 of this Code, relating to the issuance of citations, imposition of
administrative fines, right to appeal, and the right to an administrative hearing, and shall
be subject to the imposition and payment of administrative fine(s).
Sec. 18-656. - Conformance to Law.
The provisions of this Article shall be interpreted in accordance with otherwise
applicable state and federal law(s) and will not apply if determined by the City to be in
violation of any such law(s).
Ordinance No. NS-XXX
Page 4 of 6
11 A-4
SECTION 2. The City Council finds and determines that this ordinance is not
subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA
Guidelines because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment as there is no possibility it will have a significant effect on the
environment and it is not a "project," as defined in Section 15378 of the CEQA Guidelines.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentence, clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 4. Neither the adoption of this ordinance nor the repeal hereby of any
other ordinance shall in any manner affect the prosecution for violation of ordinances,
which violations were committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable to any violation thereof.
SECTION 5. This ordinance shall become effective thirty (30) days after its
adoption.
SECTION 6. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this day of 2020.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: (hK!ry, -f�L
J n M. Funk
Assistant City Attorney
Miguel A. Pulido
Mayor
Ordinance No. NS-XXX
Page 5 of 6
11 A-5
AYES: Councilmembers
NOES: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 6 of 6
11 A-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020,
TITLE:
RECEIVE AND FILE CERTIFICATION OF
APPROVAL BY CITY ENGINEER FOR FINAL
TRACT MAP 2018-08 (1102 NORTH KING
STREET)
/s/ Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1s' Reading
❑
Ordinance on 2n1 Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Receive and file certification of approval by City Engineer for final Tract Map 2018-08.
DISCUSSION
In California, the Subdivision Map Act vests regulation and control of the division of real property
in the legislative bodies of local agencies. In the City of Santa Ana, the regulations and processes
are provided in Chapter 34 of the Santa Ana Municipal Code (SAMC). The processes include an
approval of a tentative subdivision map by the Planning Commission, and notice of such approval
to the City Council. Following approval of a tentative map by the advisory agency, the property
subdivider prepares and submits a final map to the City Engineer for approval. If the final map is in
the correct form prescribed by the Subdivision Map Act and the SAMC, and all conditions set forth
in the tentative map are met, the final map shall be approved by the City Engineer.
The tentative map for the referenced subdivision was approved by the Planning Commission on
August 13, 2018. A staff report informing the City Council of the approval was provided at the
September 18, 2018 City Council meeting. The City Engineer has received Final Tract Map No.
17985 (City Tract Map No. 2018-08) for 1102 North King Street (Exhibit 1) from Ana Mesa
Investment Group, LLC, a California limited liability company. This final tract map subdivides the
existing property into five lots to facilitate development of five single-family residences. The
property is located in a Residential (R1) zone.
The City Engineer is in the process of reviewing the map 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 and the meeting of all 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 October 6, 2020.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency
Exhibit: 1. Map
17A-1
17A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
❑ As Recommended
RECEIVE AND FILE QUARTERLY REPORT
ElAmended
❑ OOrrdinance on 1 s' Reading
FOR HOUSING DIVISION PROJECTS AND
❑ Ordinance on 2od Reading
ACTIVITIES APRIL 2020 — JUNE 2020
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of
April 2020 - June 2020.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
All Community Redevelopment and Housing Commission meetings from April to June 2020 were
canceled due to the COVID-19 local emergency.
DISCUSSION
This report for the quarter ending June 30, 2020 provides statistics for all of the affordable housing
projects and activities for the Housing Division. The report is divided into four sections: Loan
Activity, Loan Portfolio Management and Monitoring, 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 loans for mobile homes, single-family, multi -family, and
historic 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
received and applications sent out, received, and approved, by type, for the quarter and for the
total fiscal year.
19C-1
Quarterly Report for Housing Division
October 6, 2020
Page 2
Table 1: Applications Sent Out, Received & Approved
Inquiries
Applications
Applications
Applications
Program
Sent Out
Received
Approved
Q4
Total FY
Q4
Total FY
Q4
otl
Total
Q4
Total FY
FY
Single -Family
g
37
9
34
2
9
0
4
Rehabilitation
Mobile Home
3
15
3
5
2
7
0
2
Rehabilitation
Multi -Family
0
1
0
0
0
0
0
0
Rehabilitation
Historic Home
0
1
0
0
0
0
0
0
Restoration
Homeownership/ DPAP
8
211
8
173
4
17
1
7
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. Due to the Coronavirus (COVID-
19), application processing for the Down Payment Assistance Program, Single -Family and Mobile
Home Rehabilitation Program were put on hold during most of the fourth quarter. There are
currently nine applications for the Single -Family Rehabilitation Program and four applications for
the Mobile Home Rehabilitation Program.
Rehabilitation Loan Underwritinq and Approval Progress
During this quarter, one (1) mobile home rehabilitation loan was funded.
Rehabilitation Program Construction Progress
During this phase, homeowners receiving rehabilitation loans are guided through an open selection
of contractors to complete the work on their homes. Each homeowner is given a list of contractors
that have been screened by staff for license and insurance requirements. However, homeowners
are allowed to select any contractor that meets these same requirements. Staff assists the
homeowners with the evaluation of bids and selection of a contractor. Staff also monitors the
construction work, approves payments to contractors, and tracks expenditures to ensure
compliance with the loan agreement and program guidelines. During this quarter, no rehabilitations
of single-family homes or mobile homes were completed.
Down Payment Assistance Loan Program (DPAP) Progress
In the Down Payment Assistance Loan Program, staff evaluates applicant eligibility and oversees
underwriting, to ensure compliance with program guidelines and requirements established by the
U.S. Department of Housing and Urban Development (HUD). During this quarter, staff conducted
two (2) down payment assistance virtual workshops via Zoom. Two (2) down payment assistance
loans closed escrow. One (1) was approved in March and closed in April and the second loan was
approved and closed in June.
19C-2
Quarterly Report for Housing Division
October 6, 2020
Page 3
Loan Portfolio Management & 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 Housing Successor
Agency. As of the end of the fourth quarter, the principal balance was $136,890,052. This is
comprised of 371 loans, of which 347 are deferred or residual receipt payment loans. As shown in
Table 2, the loan portfolio generated $178,271 in payments of principal and interest during the
second quarter. The amount of residual receipts payments changes every quarter.
Table 2: Portfolio Revenue
Funding Source
HOME
CDBG
Rede netlopme
NSP
CalHOME
Loan Payoffs
$73,393
$0
$0
$10,419
$67,890
Residual Receipts
$0
$0
$0
$0
$0
Payments
Amortized Loan Payments
$2,906
$6,989
$16,674
$0
$0
Total For Q3
$76,299
$6,989
$16,674
$10,419
$67,890
Monitoring
As part of the requirements for these funds, 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, 37 owner -occupancy recertification
letters were mailed and 36 were returned and processed. This number includes letters sent from
previous months.
On -site compliance monitoring of the tenant files was not conducted this quarter due to COVI D-19.
The U.S. Department of Housing and Urban Development (HUD) has temporarily waived the
requirement for ongoing periodic inspections of HOME -assisted rental housing through December
31, 2020.
Prior to all inspections being put on -hold due to COVID-19, staff conducted building code
compliance inspections for 113 units on seven (7) properties which represents a sampling of 36%
of the total units in the properties. Regulations require that only a sample of units be selected for
inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure
they also meet municipal code requirements. The grounds, common areas, and all of the inspected
units were found to be in compliance at the time of initial inspection.
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 (Exhibit 1) to promote and facilitate the
development of affordable housing as well as land assets (Exhibit 2) held by the Housing Authority.
19C-3
Quarterly Report for Housing Division
October 6, 2020
Page 4
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 $17,872,871 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. These fees were generated from a total of 12 projects that opted to pay the in -lieu fee
instead of building units on -site. If those 12 projects had instead built the inclusionary housing units
on -site, a total of 409 affordable housing units would have been created.
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 Collective
$ 4,775,000.00
57
1666 N. Main Street
La Placita Cinco
$ 1,300,000.00
50
2239 West 5th Street
The Link Interim Emergency
$ 3,152,940.00
N/A
2320 S Redhill
Shelter
Avenue
TOTAL
$ 9,227,940.00
107
19C-4
Quarterly Report for Housing Division
October 6, 2020
Page 5
Project
Inclusionary Housing
# of Units
Address
Funds Committed
Legacy Square
$ 3,170,547.00
92
609 North Spurgeon
Street
Habitat for Humanity "Lacy &
$ 231,494.00
2
416 Vance Street &
Vance"
826 N. Lacy Street
Westview House
$ 1,514,113.00
84
2530 and 2534
Westminster Avenue
WISE Place Steps to
Independence Public Service
$ 90,000.00
N/A
N/A
Program
Down Payment Assistance
$ 280,000.00
N/A
N/A
TOTAL
$ 5,286,154.00
178
Request for Proposals — RFP #19-063 for Affordable Housing Development
The City of Santa Ana and the Housing Authority of the City of Santa Ana issued a new Request
for Proposals (RFP # 19-063) on July 8, 2019 for the development of affordable housing in the City.
Following the issuance of this RFP, and a deliberative selection and review process, on February
19, 2020 the Community Redevelopment and Housing Commission recommended that the City
Council authorize the City Manager to execute a pre -commitment letter with Community
Development Partners and Mercy House Community Housing Development Organization for
$3,904,341 in affordable housing funds. These funds consist of $1,514,113 in Inclusionary
Housing funds, $2,003,705 in HOME Investment Partnerships Program funds and $386,523 in
Rental Rehabilitation Program funds for the development of the Westview House affordable
housing project located at 2530 and 2534 Westminster Avenue, Santa Ana, CA 92701, (APNs 198-
132-21 and 198-132-23). City Council authorized and approved the preliminary award of funds on
April 7, 2020.
Affordable Housing Development Projects
There are three (3) affordable housing developments under construction and six (6) affordable
housing projects in pre -development. An existing affordable housing development (Cornerstone
Apartments) is also being rehabilitated. Below are brief summaries for a recently completed project,
nine (9) projects under construction or in pre -development and the project under rehabilitation.
Additionally, a development timeline for the larger development projects exists (Exhibit 3).
Projects Completed
Santa Ana Arts Collective (1666 N. Main Street)
Developer
Meta Housing Corporation
Acquisition, adaptive reuse, and new construction project composed of 57
Description
affordable rental units designated for professional artists of all disciplines,
and 1 manager's unit. Permanent supportive housing for 15 units will be
funded by MHSA/SNHP funds from the County of Orange.
19C-5
Quarterly Report for Housing Division
October 6, 2020
Page 6
Inclusionary Housing ($4,775,000), HOME Investment Partnership
City Funds
Program (HOME) ($2,627,631), Community Development Block Grant
CDBG $500,000
The project received its certificate of occupancy on June 24, 2020. As of
Update
June 30, 2020 there are 16 units occupied and the building is anticipated to
be fully leased by the end of September 2020.
Projects under Construction
Heroes Landing - formerly Santa Ana Veterans Village (3312 W. First Street)
Developer
Jamboree Housing Corporation
New construction of an affordable multifamily apartment complex consisting
Description
of 75 units of permanent supportive housing with wrap -around supportive
services for HUD -Veterans Affairs Supportive Housing (VASH) eligible
homeless veterans and 1 manager's unit.
City Funds
Seventy-five (75) HUD-VASH Project -Based Vouchers, HOME-CHDO
$477,345.90
Update
Construction is complete and the project is fully leased.
Aqua Housing (317 E. 17t" Street)
Developer
Community Development Partners with Mercy House as the service
provider
Acquisition, demolition, and new construction of a former motel yielding 56
units of affordable permanent supportive housing with wrap -around
Description
supportive services for chronically homeless individuals and 1 manager's
unit. 28 of the 56 units will be funded by MHSA/SNHP funds from the
County of Orange.
City Funds
Fifty-six (56) Project -Based Vouchers (PBVs)
Construction is now approximately 66% complete with completion
targeted by end of December 2020. Framing is complete and roofs have
been installed. The rear residential building (segment C) is nearing
Update
completion. Steel work is in process for the connection bridges and rough
plumbing, electrical, air, drywall are going in on Segments A & B . Safety
measures are in place at the job site with PPE and social distancing being
enforced for all workers.
19C-6
Quarterly Report for Housing Division
October 6, 2020
Page 7
La Placita Cinco — formerly Tiny Tim Plaza (2239 West 5th Street)
Developer
Community Development Partners
New construction of an affordable multifamily apartment complex consisting
Description
of 50 units of rental housing serving very -low and extremely -low income
families, and 1 manager's unit.
City Funds
Inclusionary Housing ($1,300,000), Housing Successor Agency
$4,700,000
The project is currently under construction, at 65% complete. The retail
renovations are also under construction. Marketing and lease -up have
Update
begun, with the City's approval of Santa Ana preference notations. A new
name has been selected: La Placita Cinco, in consultation with the Artesia
Pilar Neighborhood Association. The project anticipates completion and
occu ancy at the end of 2020.
Projects in Pre -Development
Crossroads at Washin ton (1126 and 1146 E. Washington Avenue)
Developer
Related Companies of California with A Community of Friends (ACOF) as
the service provider
New construction of a 100% affordable multifamily apartment complex
Description
consisting of 85 units of rental housing and 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 Funds
Stabilization Program ($963,951), sixty-five (65) year ground lease
agreement for 1126 and 1146 E. Washington Avenue (Appraised Value as
of September 22, 2019: $4,108,136
The Project received its entitlements on February 24, 2020. The Project
received a formal commitment for 43 Project Based Vouchers from the
Orange County Housing Authority on March 5, 2020. In February, the City
and County approved the 65 year Ground Lease, Option Agreement for the
Ground Lease, Joint Powers Agreement and Quitclaims associated with the
JPA. The documents were approved by City Council on February 18, 2020.
The Option Agreement was executed shortly afterwards. Following these
approvals, the developer submitted a 9% Tax Credit application for the
Update
TCAC 9% Application 1 st Round on March 9 but did not receive an award.
Developer submitted an FCAA 9% Tax Credit application in July 2020
(Round 2). Funding awards for Round 2 will be announced at the
September 30, 2020 CTCAC Committee Meeting. The Project is pursuing
additional environmental assessments based on the conditions of the sites
(City and County parcels) identified in the Phase I Environmental Site
Assessment and the Phase II Environmental Site Assessment. Additional
assessment is required to determine the extent of contamination and scope
of future remediation activities.
19C-7
Quarterly Report for Housing Division
October 6, 2020
Page 8
FX Residences (801, 809, 809 % East Santa Ana Boulevard)
Developer
HomeAid Orange County, Inc. with Mercy House as the service provider
New construction of an affordable multi -family apartment complex
Description
consisting of 16 units of permanent supportive housing, and 1 manager's
unit.
Housing Successor Agency ($1,069,947), three (3) HUD-VASH PBVs, 99-
City Funds
year ground lease agreement for 801 E. Santa Ana Blvd. (Appraised Value
as of Oct 25, 2018: $788,000
The developer and Public Works staff are working to resolve design issues
prior to resubmittal of the package. HomeAid Orange County is in ongoing
Update
communication with state HCD and CAL HFA. Both entities will coordinate
the disbursement of capital funds to be used for the permanent financing of
the project. In May 2020, HomeAid Orange County was awarded $1.1 M
from the Orange County Housing Finance Trust for additional gap funding.
Habitat for Humanity (416 Vance Street & 826 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.
Inclusionary Housing ($231,494) and 99-year ground lease agreement for
City Funds
416 Vance Street and 826 N. Lacy Street (Appraised Value as of Oct 25,
2018: $578,000
The developer submitted architectural drawings to Jeff Dickman of the
Historic French Park Committee. They are currently under review by the
committee. The developer is currently finalizing the grading/engineering
plans and preparing for submittal. They are also working with SCE to
Update
abandon an easement that currently exists between the two parcels. After
they have substantial approval from the French Park Committee on the
architecture, the developer will enter the structural design phase and
complete the construction drawings for submittal. The Project and City are
working completion of the Ground Lease Agreement and Inclusionary Grant
Documents.
Leqacv Square (609 North Spurqeon Street)
Developer
National Community Renaissance with Mercy House as the service
provider
New construction of a 100% affordable multifamily apartment complex
Description
p
consisting of 92 units of rental housing and 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.
City Funds
Inclusionary Housing ($3,170,547) and eight (8) HUD-VASH PBVs
19C-8
Quarterly Report for Housing Division
October 6, 2020
Page 9
The developer was awarded $25,431,865 in Affordable Housing and
Sustainable Communities (AHSC) funding in June. The developer applied
Update for 4% tax credits and tax exempt bonds in June. The developer was
awarded a total of $6,013,134 for 16 No Place Like Home (NPLH) units -
$3,135,262 for capital and $2,887,872 for the capitalized operating subsidy
reserve.
North Harbor Villaae (1108 N. Harbor)
Developer
Jamboree Housing Corporation
New construction of a 100% affordable multifamily apartment complex
Description
consisting of 89 permanent supportive housing studio units for homeless
veterans.
City Funds
Eight -nine (89) HUD-VASH PBVs and CDBG ($1,687,047)
Multifamily Housing Program (MHP) funding awards were announced in
late December and the developer did not receive an MHP grant due to
extraordinary competition across the state. The developer submitted an
application to the Veterans Housing and Homelessness Prevention (VHHP)
Program on February 13, 2020. The developer also resubmitted an MHP
application on March 3, 2020 for the second round as an alternative
financing strategy. This award was highly competitive and the developer did
not receive MHP financing. Additionally, the developer applied on March
25, 2020 to the Orange County Housing Finance Trust fund for additional
Update
financing. On May 13, 2020, the developer received financing commitment
for $2,292,920 from OCHFT. On June 10, 2020, the developer received a
financing commitment for $10,000,000 from VHHP. On June 11, 2020, the
developer applied for tax exempt bond financing through CDLAC totaling
$24,000,000. This tax exempt bond financing will be used for the
construction loan. On July 1, 2020, the developer applied for 4%
competitive state and federal tax credits. Awards for these financing
sources should be announced in July and September respectively. If
awarded tax credits, construction would then likely begin early to late Q1
2021.
Westview House (2530 Westminster Avenue)
Developer
Community Development Partners
New construction of an affordable multifamily apartment development
Description
consisting of 85 units of both large family and permanent supportive
housing with 1 manager's unit. Twenty-six of the units will be funded by
MHSA funds and the NPLH program.
City Funds
Inclusionary Housing ($1,514,113), HOME Investment Partnerships
Program $2,003,705 and Rental Rehabilitation Program $386,523
19C-9
Quarterly Report for Housing Division
October 6, 2020
Page 10
The developer applied for the OC 2020 Supportive Housing NOFA on May
27th for both PBVs and MHSA funds and are awaiting a final response from
Update the County of Orange. The developer submitted for project entitlements to
the City of Santa Ana on June 16, 2020 and has a Sunshine Ordinance
meeting scheduled for July 20, 2020.
Existing Projects under Rehabilitation
Cornerstone Apartments (805, 810, 815, 816, 825, 835 and 904 S. Minnie Street)
Developer
Jamboree Housing
Description
Rehabilitation of a 126-unit affordable housing project originally built in
1961.
City Funds
HOME Investment Partnerships Program ($5,128,152) and Housing
Successor Agency $2,054,327 in existing affordable housing loans
Ten (10) existing HOME Program loans and thirty-three (33) existing
Housing Successor Agency loans were consolidated into two (2) Amended
and Restated Loan Agreements in order to enable the project to re -
syndicate and resubordinate existing affordable housing loans to a new
senior loan. Construction work started in October 2019 and is currently 59
percent complete. Exterior work is continuing as planned. Due to the
Update
circumstances of COVID19 and the shelter in place order, interior work
construction was temporarily halted in March. Jamboree Housing resumed
interior work on June 29, 2020. Assuming there are no further delays,
Jamboree Housing anticipates construction completion by the end of
October 2020. The project will then transition into stabilization and the
permanent loan conversion. The project anticipates converting to the
permanent loan by February 1, 2021.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By: Steven A. Mendoza, Executive Director - Community Development Agency
Exhibits: 1. Available Funds for Affordable Housing Development Projects
2. Available Land Assets for Affordable Housing Development
3. Project Timelines
19C-10
Exhibit 1
Available Funds for Affordable Housing Development Projects
As of May 31, 2020
Housing Successor Agency (Housing Authority)
$3,677,038 Cash on Hand
($24,306) First Street Apartments Project Costs
($1,069,947) Frances Xavier Residence Project Pre -Commitment Loan 1
($250,000) Administrative Costs Allowance 2
($2,332,784) Administrative Costs Allowance for Future Fiscal Years'
$0 Available Funds
Inclusionary Housing Funds
$7,266,508 Cash on Hand
($28,239) Santa Ana Arts Collective Project Costs 4
($250,000) Down Payment Assistance Program'
($3,170,547) Legacy Square Project Pre -Commitment Loan
($231,494) Lacy Street Project Pre -Commitment Loan
($56,914) Tiny Tim Plaza Project Costs 8
($1,514,113) Westview House Pre -Commitment Loan 9
($90,000) WISEPlace Steps to Independence Program Agreement 10
($175,844) Administrative Costs Allowance (CDA/PBA)
$1,749,357 Available Funds
HOME Program
$5,294,652 Funds to Drawdown
($3,007,489) Crossroads at Washington Pre -Commitment Loan 11
($2,003,705) Westview House Pre -Commitment Loan 9
$283,458 Available Funds to Drawdown
CDBG Program (Acquisition/Rehabilitation Projects Only)
$619,587 Funds to Drawdown
($1,687,047) North Harbor Village Project Pre -Commitment Loan 12
$0 Available Funds to Drawdown
NSP Program (Abandoned, Foreclosed or Vacant Properties Only)
$1,338,021 Funds to Drawdown
($963,951) Crossroads at Washington Pre -Commitment Loan n
($96,395) Crossroads at Washington Project Costs
($277,675) Transfer to CDBG in FY 20/21
$0 Available Funds to Drawdown
Rental Rehabilitation Grant Program
$389,685 Cash on Hand 13
($386,523) Westview House Pre -Commitment Loan 9
$3,162 Available Funds
$2,035,977 Total Available Funds
Approved by Housing Authority on January 15, 2019.
x The Housing Successor Agency relies on available casbtofundthe monitoring and compliance functions related to the former Redevelopment Agency's housing loans.
x Funds to be set aside for compliance and monitoring requirementstlueto uncertainty of future repayment revenues.
Pro ect costs only; $4 Mid In loans appmvetl by Clty Council paid on J my 26, 2017.
$400000 onginallyappmvetl by Clty Council on Mach 6, 2018. Fourloans paidthrough end of May2020.
a Approved by City Council/Housing Aulhohtyon January 15, 2019.
r Approved by City Council/Housing Aulhohtyon March 5, 2019.
a Project costs only;$60M In loans appmvetl by City Council/Housing Autllotlty and paid on May 2,2019.
a Approved by City Council on April T, 2020.
r0 Appmvetl by City Council on Apnl 7,2020.
11 Appmvetl by City Council on July 2,2019.
rx Appmvetl by City Council/Housing Authobty on March. 5, 2019.
" Old program income available after close out of program with HUD.
19C-11
AVAILABLE LAND ASSETS FOR AFFORDABLE HOUSING DEVELOPMENT
(1) 302 E. Twenty -Second Street
a. APN:003-122-25
b. Lot Size: 27,817sf
c. Current Zoning: R1 Single -Family Residence, which allows one house per lot.
d. Parcel was acquired 10/30/2002 using Low and Moderate Income Housing Asset
Fund - 20% Set Aside.
e. Previous Use: Purchased from Cal Trans. It was a remnant parcel from the freeway
widening project. The site was vacant and undeveloped at the time it was acquired.
f. General Plan: Low Density Residential, which allows single-family residences and
ancillary uses.
g. Maximum du/ac: Seven units per acre.
h. Site Condition / Environmental Conditions: Property is irregular in shape, is below
the minimum lot size for a residential lot, and will most likely require the approval of
several variances from the zoning code in order to facilitate a residential unit.
19C-12
1WNIM11:311111111c]
Current Affordable Housing Development Project Timelines
Projects Completed
Santa Ana Arts Collective — 1666 N. Main St
Jun 15
RFP Issued
Nov 15
Approved HOME / CDGB Funds
Mar 16
Submitted application for AHSC (Cap & Trade Funds)
Sept 16
Awarded AHSC (Cap & Trade Funds)
Nov 16
9% Low -Income Housing Tax Credits Awarded
Dec 16
Relocation Plan Approved
Jul 17
Final loan approved / close of escrow
Jul 17
Planning Entitlements approved
Jul 17
Building permits pulled / construction intitiated
Jun 20
Construction completion
Projects Under Construction
Heroes Landing — 3312 W First St
Dec 16 RFP issued for PBVs
Apr 17 Approved HUD VASH PBVs
Jun 17 Awarded HOM CHDO Funds
Jun 17 Planning Entitlements Approved
Jan 18 Awarded County Special Needs Housing Funds
Feb 18 Submittal of 9% Low -Income Housing Tax Credit Application
Jun 18 Award of 9% Low -Income Housing Tax Credits
Dec 18 Close of escrow
Feb 19 Construction initiated
Mar 20 Construction completion
Aqua Housing — 317 E. 17t" Street
Dec 16 RFP Issued for PBVs
Apr 17 Approved PBVs
Jun 17 Planning entitlements approved
Jun 17 Approved additional PBVs
Jan 18 Awarded County Special Needs Housing Funds
Jan 18 Submitted application for HCD Infill Infrastructure Funds
Jun 18 Award of HCD Infill Infrastructure Funds
Aug 18 Submittal of 4% Low -Income Housing Tax Credit Application
Page 1 of 5
19C-13
1*0111:31111101
Oct 18
Allocation of 4% Low -Income Housing Tax Credits
Apr 19
Close of escrow
Jun 19
Construction initiated
Dec 20
Anticipated construction completion
La Placita Cinco — 2223 W. 5th Street
Dec 16 Developer submitted request for funds to CDA
Jun 17 Awarded City and Housing Successor Agency Funds
Jan 18 Planning entitlements approved
Jul 18 Submittal of 9% Low -Income Housing Tax Credit Application
Oct 18 Award of 9% Low -Income Housing Tax Credits
May 19 Anticipated close of escrow
Jun 19 Construction initiated
Oct 20 Anticipated construction completion
Projects in Pre -Development
The Crossroads at Washington — 1126 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 — 1st Round 2020
May 20 Assuming a 1st Round 2020 TCAC 9% Award Allocation, start design
development drawings
Jun 20 TCAC 9% award allocation
Jul 20 Submit for 1 st plan check
Dec 20 City issues permit ready letter
Dec 20 Construction loan closing
Dec 20 Start of construction
Feb 22 Construction complete
Jul 22 Full occupancy
Page 2 of 5
19C-14
IWOMM11:31111101
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)
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)
Jul 20 CDLAC Allocation
Sep 20 Ministerial Design Approval
Sep 20 TCAC Allocation
Oct 20 Start construction documents for rehab
Oct 20 Submit first plan check
Dec 20 Receipt of first plan check comments
Dec 20 Submit second plan check
Jan 21 Receipt of second plan check comments
Jan 21 Submit third plan check
Feb 21 Receipt of permit ready
Mar 21 Construction loan closing
Mar 21 Start of construction
Jan 22 Construction complete
Jan 22 Start of lease up
May 22 Full occupancy
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
Page 3 of 5
19C-15
1*0111:31111101
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
May 19 Board of Supervisors meeting for SNHP funding
Jul 19 Execute Development Agreement
Jul 19 Formal awards letters for NPLH funding to be issued
Aug 19 Initial planning submittal
Sept 19 Sunshine Ordinance Meeting
Nov 20 Planning Commission Meeting (ministerial approval of density bonus)
Dec 20 City Council Meeting (ministerial approval of density bonus)
Jan 21 Begin construction docs
Feb 21 Approval of grading plans
Mar 21 Begin construction (grading, weather permitting
Mar 22 Completion of construction
Habitat for Humanity — 416 Vance Street & 826 N. Lacy Street
May 20
DDA signed
June 20
Prepare grading plans
Aug 20
Submit grading/improvements
Jan 20
Prepare architectural plans
Sept 20
Submit architectural plans
Oct 20
Grading permit issued
Nov 20
Commence Grading
Dec 20
Building Permits issued
Jan 21
Begin construction
Dec 21
Anticipated construction completion
Jan 22
Certificate of Occupancy / Closings
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
Page 4 of 5
19C-16
IWOMM11:31111101
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)
Sept 20
Building permit issuance
Dec 20
Construction closing/syndication
Jan 21
Begin construction (18 months)
Jun 22
Construction complete
Aug 22
100% fully leased (2 months)
Westview House — 2530 Westminster Avenue
Oct 19
City of Santa Ana RFP submittal
Nov 19
Apply for Project Based Vouchers
Nov 19
City of Santa Ana Award
Dec 19
Construction/permanent debt commitments
Jan 20
No Place Like Home application
Jun 20
No Place Like Home commitment
Jul 20
CDLAC/TCAC 4% application
Dec 20
CDLAC/TCAC 4% award
May 21
Construction permits issued
May 21
Construction start
Sept 22
Construction complete
Dec 22
Lease -Up complete
Page 5 of 5
19C-17
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
❑ As Recommended
AUTHORIZATION TO FILE AND
ElAmended
❑ OOrrdinance on 1 sl Reading
PROSECUTE A RECEIVERSHIP PETITION
❑ Ordinance on 2od Reading
AND NUISANCE ABATEMENT ACTIONS
❑ Implementing Resolution
AGAINST OWNERS OF REAL PROPERTIES
❑ Set Public Hearing For_
LOCATED IN THE CITY OF SANTA ANA
/s/ Kristine
CITY MANAGER
CONTINUED TO
1�1��►U1�1:7q:7
RECOMMENDED ACTION
Authorize the filing and prosecution of a receivership petition and nuisance abatement actions
against the owners of the following real properties:
1.407 N. Laurel Street (Residential) — Receivership Petition
2. 938 E. 2nd Street (Commercial) — Nuisance Abatement Action
3. 936 E. 2nd Street (Commercial — Nuisance Abatement Action
4. 2600 N. Main St. (Commercial) — Red Roof Inn — Nuisance Abatement Action
DISCUSSION
The City of Santa Ana ("City") has successfully resolved numerous difficult code enforcement
matters through the use of civil litigation. Specifically, the City has brought receivership actions
pursuant to the California Health and Safety Code and nuisance abatement actions pursuant to
the California Code of Civil Procedure and the California Civil Code.
Health and Safety Code Receiverships
California Health and Safety Code section 17980.7 allows a city to seek the appointment of a
receiver over a substandard housing that has been previously cited for violations which pose health
and safety risks. The powers granted to a receiver are broad. The receiver may: (1) take full and
complete control of the property; (2) manage the property and pay expenses of the operation of
the property; (3) secure a cost estimate and construction plan from a licensed contractor for the
repairs necessary to correct the substandard conditions; (4) enter into contracts and employ a
licensed contractor as necessary to correct substandard conditions; (5) borrow funds to pay for
repairs necessary to correct substandard conditions; and (6) secure debt, with Court approval, with
a recorded first lien on the property, first in priority to all other liens. (Ibid., Code Civ. Proc. § 568.)
The use of the receivership option is a comprehensive process that can rehabilitate properties and
correct longstanding violations. If the City prevails, it may recover all attorney's fees and staff costs
incurred in the abatement of substandard conditions.
19D-1
Receivership Petition and Nuisance Abatement Actions Against Owners of Real Properties
October 6, 2020
Page 2
Civil Nuisance Abatement Lawsuit
In order to protect its residents, the City may abate a public nuisance by filing a civil nuisance action
for violations of the Santa Ana Municipal Code and/or conditions which are offensive or annoying
to the senses, detrimental to property values and community appearance, or injurious to the health,
safety or welfare of the general public in such ways as to be a nuisance, (California Code of Civil
Procedure sections 731; California Civil Code sections 3479 and 3480.). Civil Code section 3480
further explains, "A public nuisance is one which affects at the same time an entire community or
neighborhood, or any considerable number of persons, although the extent of the annoyance or
damage inflicted upon individuals may be unequal." Through the civil nuisance abatement
procedure, the City may seek temporary and permanent injunctions to prevent the property from
continuing to operate or exist as a public nuisance. If the City prevails, it may seek recovery of
attorney's fees and costs.
Attached are fact sheets concerning the real properties at 407 N. Laurel Street, 938 E. 2nd Street,
936 E. 2nd Street, and 2600 N. Main Street (Exhibit 1). The Code Enforcement Division has
identified these properties as candidates for a receivership petition and nuisance abatement
actions.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By: Sonia R. Carvalho, City Attorney
Exhibit: 1. Fact sheets regarding listed properties.
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
APPROVE APPROPRIATION
ADJUSTMENTS RECOGNIZING $730,891
OF HOUSING AUTHORITY
ADMINISTRATIVE FEE FUNDING AND
$18,373 IN MAINSTREAM VOUCHER
PROGRAM ADMINISTRATIVE FEES
(NON -GENERAL FUND)
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1s' Reading
❑
Ordinance on 2od Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Approve an appropriation adjustment recognizing additional Housing Choice Voucher Program and
Mainstream Voucher administrative funds in the amount of $749,264 in revenue account (No.
15718002-52000) and appropriating same to expenditure account (Nos. 15718760-various).
DISCUSSION
On August 6, 2020, the Housing Authority received an allocation of $730,891 in Housing Choice
Voucher (HCV) and $18,373 in Mainstream Voucher Program administrative fee funding to
prevent, prepare for, and respond to the Coronavirus (Exhibit 1) through the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act). The CARES Act provides funding to prevent,
prepare for, and respond to Coronavirus for public housing agencies by maintaining normal
operations and taking other necessary actions during the period the program is impacted by
Coronavirus (COVID-19). The total supplemental appropriation for the HCV Program nationally
was $1.25 billion, with $850 million allocated for administrative fees. This administrative fee
funding may be used by public housing agencies (PHAs) for administrative expenses and other
expenses related to the coronavirus.
Under the CARES Act, this supplemental administrative fee funding may be used only for two
purposes: (1) any currently eligible HCV (including Mainstream vouchers) administrative costs
during the period that the program remains impacted by COVID-19; and (2) new COVID-19-related
activities, including activities to support or maintain the health and safety of assisted individuals
and families, and costs related to the retention and support of participating owners. Staff intends
to use these fees for on -going eligible administrative expenses incurred by the Housing Authority
while the HCV and Mainstream Voucher programs remain impacted by COVID-19.
This is the second allocation (i.e. second award) of administrative fees received by the Housing
Authority through the CARES Act. The City Council approved an appropriation adjustment for the
first allocation of $598,916 on June 2, 2020.
20A-1
Housing Choice Voucher CARES Act Administrative Funds
October 6, 2020
Page 2
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $749,264 in the Housing Admin CARES
Act revenue account (No. 15718002-52000) for expenditure as follows:
Fiscal
Year
Accounting Unit-
Account
Fund Description
p
Accounting Unit, Account
Description
Amount
FY 20-21
(Oct—
15718760-various
Housing Admin
Housing Admin CARES Act
$749,264
June)
CARES Act
COVID-19, Various
Total Expenditures
$749,264
The expenditure spending plan is only an estimate and subject to change. Any amount unspent
in June 2021, from the projected amount, will be carried forward for expenditure in FY 21-22.
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and
Management Services Agency
Submitted By: Steven A. Mendoza, Executive Director — Community Development Agency
Exhibit: 1. Allocation Letter from HUD
20A-2
EXHIBIT 1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
,,J IIIIIIII WASHINGTON, DC 20410-5000
OFFICE OF PUBLIC AND INDIAN HOUSING
August 6, 2020
Dear Executive Director
Subject: Second Award of Administrative Fee Allocation from the Coronavirus Aid, Relief,
and Economic Security Act (CARES Act).
The Office of Housing Voucher Programs (OHVP) has allocated the second award of
administrative fee funding per the CARES Act (Public Law 116-136) to public housing agencies
(PHAs) administering the Housing Choice Voucher (HCV) Program and/or Mainstream
Vouchers. PHAs must use these funds to prevent, prepare for, and respond to coronavirus
(COVID-19),per guidance provided in PIHNotice 2020-18: CARESAct—HCVProgram
Administrative Fees Second Award
https://www.hud.gov/program offices/public indian housing/publications/notices
This initial administrative fee award provided to each agency through the CARES Act is
described in the attached Enclosure A. The calculation by multiplying the total unit months
leased (UML) reported in the Voucher Management System (VMS) for the month of May by the
CY 2020 administrative fee rates, times 2, prorated at approximately 117 percent to distribute the
remaining fends equally between all PHAs.
Finally, the OHVP guidance regarding the tracking and reporting of the CARES Act
funding is forthcoming. In the meantime, PHAs must follow the preliminary guidance provided
in section 9. Reporting Requirements, ofPIHNotice 2020-18.
Please direct any questions concerning this allocation to contact your Financial Analyst at
the Financial Management Center.
Thank you for your continued participation in the HCV Program and/or Mainstream
Vouchers to serve the needs of your community during this critical time.
Enclosure
Sincere ,
Mig el A. on " ez
Director
Housing Voucher Financial
Management Division
www.hud.g02 OA _Tn01*hud.nuv
IWOMMIMINS
CARES Act — HCV Program Administrative Fees - Second Award
Enclosure A
1 PHA Number CA093
2 PHA Name CITY OF SANTA ANA HSG AUTH
Regular Voucher Program
3 VMS UMLs- May 2020
2,557
4 Column A Rate
$128.02
5 Column B Rate
$119.49
6 Column A Units Leased
600
7 Column A Eligibility(Line 4 times Line 6)
$ 76,812
8 Column B Units Leased
1,957
9 Column B Eligibility (Line 5 times Line 8)
$ 233,842
10 Monthly Elibiligity (Line 7 plus Line 9)
$ 310,654
11 Two Months' (Line 10 times 2)
$ 621,308
One Month prorated @ 0.35275 (Line 10 times
1
12 0.35257)
$ 109,583
Regular Voucher Program Total Award-2.35 months'
13 (Line 11 plus Line 12) $ 730,891
Mainstream Voucher Program
14 VMS UMLs- May 2020
61
15 Column A Rate
$128.02
16 Column B Rate
$119.49
17 Column A Units Leased
61
18 Column A Eligibility (Line 15 times Line 17)
$ 7,809
19 Column B Units Leased
0
20 Column B Eligibility (Line 16 times Line 19)
$ -
21 Monthly Eligibility (Line 18 plus Line 20)
$ 7,809
22 Two Months' (Line 21 times 2)
$ 15,618
One Month prorated @ 0.35275 (Line 21 times
1
23 0.35257)
$ 2,755
Mainstream Voucher Program Total Award- 2.35
24 months' (Line 22 plus Line 23) $ 18,373
20A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
APPROVE APPROPRIATION
ADJUSTMENTS
TO CARRYOVER UNSPENT AMOUNTS
FROM FISCAL YEAR 2019-20 TO
FISCAL YEAR 2020-21
(GENERAL FUND AND NON -GENERAL
FUND)
/s/ Kristine
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1s' Reading
❑
Ordinance on 2od Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Approve an Appropriation Adjustment to reduce the FY 2019-20 budget for unspent
amounts to be carried over to FY 2020-21.
2. Approve an Appropriation Adjustment to increase the FY 2020-21 budget for amounts
carried forward from FY 2019-20.
Approve an Appropriation Adjustment to transfer the remaining unspent balance from the
2014-15 Addressing Maintenance Enhancing Services (AMES) fund to the General Fund
and appropriate the related encumbrances and carryforward budgets in FY 2020-21.
4. Approve a FY 2019-20 Appropriation Adjustment to shift budget from the Non -Departmental
Accounting Unit to the Fire Services Accounting Unit, to ensure budgetary compliance with
no net impact to the General Fund.
DISCUSSION
Carryover unspent budgets from FY 2019-20
It is common for a City to budget for non -recurring (one-time) expenditures, such as construction
projects, which are not completed by the close of the fiscal year on June 30. When this happens,
the City Council may approve "carryover" of the unspent budget from one fiscal year to the next to
provide resources for project completion. Staff typically does not request carryover for recurring
operating budget amounts unless projects have not begun, which include initial
maintenance/operating costs, as each annual budget already includes provisions for operational
expenses.
20B-1
Appropriation Adjustments to Carryover Unspent Amounts from FY 2019-20 to FY 2020-21
October 6, 2020
Page 2
The City Council adopts a budget one year at a time, and the City's Charter requires City Council
approval for appropriation adjustments. Increasing the current year budget for unspent amounts
carried over from the prior year constitutes an appropriation adjustment.
A list of requested carryovers is attached to this report (Exhibit 1). The list includes the account,
description, amount, and expenditure status. All requests on the list were discussed with City
departments and vetted to ensure the unspent budget is available and the allocation is non-
recurring.
Each request on the list includes the amount available one month after the end of FY 2019-20.
Staff continues to pay FY 2019-20 invoices through September, and will continue reconciling FY
2019-20 accounts through October. The FY 2019-20 ledger will not be final and closed until the
financial statements have been audited in November. Therefore, the requested carryovers are
"maximum" amounts. The actual amounts processed for carryover will be limited to the available
budget once the FY 2019-20 ledger is closed and are summarized by fund (Exhibit 2).
2014-15 AMES Fund
A list of projects has been attached (Exhibit 1) for unspent items in the 2014-15 AMES Fund. Staff
requests an appropriation adjustment to move the requested unspent project allocations from the
AMES fund to the General Fund, with any remaining unspent balance to be added to the
unassigned General Fund balance. If the City Council approves recommendation #3, the 2014-15
AMES Fund will be closed.
FY 2019-20 Fire Services Budget Amendment
Budgetary compliance is by department and fund. The FY 2019-20 Fire "Department" budget is
overspent by $1.2 million due to restoration of a one-time adjustment for fire services, increases to
emergency transport and medical billing services, and unanticipated vehicle and facility
maintenance charges. The FY 2019-20 Non -Departmental budget has sufficient availability to
cover the additional charges. Staff recommends shifting the budget from one accounting unit to
another, to maintain FY 2019-20 budgetary compliance.
FISCAL IMPACT
Carryover Appropriation FY 2019-20 to FY 2020-21
There is no net fiscal impact associated with recommendations #1 and #2 to carryover unspent
appropriations. The previously authorized expenditures will simply be spent in a later period, which
only affects the timing of cash flow.
2014-15 AMES Fund
Staff expects the available balance of the 2014-15 AMES fund may be approximately $2.2 million
of which $1.6 million is allocated for the listed projects. If recommendation #3 is approved, the
General Fund balance may increase by $0.6 million once the books are fully reconciled and closed
for the fiscal year.
20B-2
Appropriation Adjustments to Carryover Unspent Amounts from FY 2019-20 to FY 2020-21
October 6, 2020
Page 3
FY 2019-20 Fire Services Budget Amendment
There is no fiscal impact associated with recommendation #4 to shift the FY 2019-20 budget from
one accounting unit to another, within the General Fund.
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management
Services Agency
Submitted By: Kathryn Downs, CPA, Executive Director — Finance and Management Services
Agency
Exhibits: 1. List of requests to carryover unspent appropriations
2. List of requests to carryover unspent appropriations by fund
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F
EXHIBIT 2
Preliminary List of Carry Forwards By Fund
FY19-20 Balances to FY2O-21
As of August 31, 2020
FY19-20 Budget
Available
Balance as of
Fund
Fund Name
Budget
Expenditures
Carry Forward
August 31, 2020
011
General Fund - Non -Departmental
41,087,003
38,719,011
2,367,992
360,600
011
General Fund- Clerk Of The Council
2,407,420
1,720,280
687,140
102,000
011
General Fund - City Attorney
3,323,816
2,830,061
493,755
83,800
011
General Fund -HR/Risk Management
2,553,071
1,929,818
623,253
83,100
011
General Fund - Finance
9,910,234
8,562,960
1,347,274
114,700
011
General Fund - Library
5,498,724
4,448,316
1,050,408
70,000
011
General Fund - Parks, Rec, & Comm Sery
22,576,904
19,121,096
3,455,808
2,011,300
011
General Fund- Police Department
133,511,252
132,349,080
1,162,172
660,800
011
General Fund - Planning&Building
13,545,858
11,455,297
2,090,561
2,079,600
011
General Fund -PWA
17,883,266
15,696,326
2,186,940
1,825,200
011
General Fund- Community Development
4,124,650
2,409,102
1,715,548
617,700
012
Cannabis Set -Aside - Parks, Rec,&Comm Sery
4,076,650
4,341
4,072,309
4,072,400
012
Cannabis Set -Aside - Planning&Building
649,850
165,629
484,221
30,100
022
PRCSA FEES & DONATION
197,005
84,606
112,399
13,600
023
INMATE WELFARE FUND
1,193,800
552,577
641,223
6,100
025
IDB& EZ VOUCHER MONITORING
215,000
35,000
180,000
180,000
027
PARKING FUND
6,527,720
4,915,604
1,612,116
124,400
029
SPECIAL GASTAX
23,356,875
12,410,183
10,946,692
189,500 (A)
032
MEASURE M-STREET CONSTRUCTION
22,854,769
6,535,506
16,319,263
16,274,500 (B)
034
NEW TRANSPO SYS IMPR AREA E
216,000
83,771
132,229
132,300
035
NEW TRANSPO SYS IMPR AREA F
1,224,636
566,664
657,972
558,600
051
CAPITAL OUTLAY FUND
4,046,397
879,071
3,167,326
2,202,400
052
STRATEGIC PLAN PROJECTS
2,507,000
1,522,978
984,022
69,200
053
CITY SERVICES
3,789,700
1,701,850
2,087,850
99,400
054
SANITARY SEWER CAPITAL
8,830,010
1,493,167
7,336,843
7,216,400
055
SEWER CONNECTION FEE
14,070,591
2,561,249
11,509,343
10,142,900
056
SANITARY SEWER SERVICE
9,317,696
6,425,555
2,892,141
844,900
057
FED CLEAN WATER PROTECTION ENT
6,430,906
3,741,278
2,689,628
1,240,100
059
SELECT STREET CONSTRUCTION
32,063,303
6,242,533
25,820,771
21,428,500
060
WATER REVENUE
83,680,934
49,335,346
34,345,588
1,128,700
066
ACQUISITION & CONSTRUCTION
21,727,736
2,072,596
19,655,140
7,315,100
067
REGIONALTRANSP CENTER
1,874,633
1,094,318
780,315
487,500
068
SANITATION FUND
8,044,078
4,414,421
3,629,656
2,080,200
069
REFUSE COLLECTION SERVICE
29,228,130
26,999,825
2,228,305
223,700
070
EQUIPMENT REPLACEMENT
1,334,706
(88,357)
1,423,062
406,800
071
CENTRAL SERVICES
757,390
597,780
159,610
25,900
073
BUILDING MAINT FUND
4,958,800
4,887,789
71,011
3,100
074
CIVIC CENTER MAINTENANCE
8,682,400
5,953,145
2,729,255
20,000
075
FLEET MAINTENANCE
5,121,920
4,334,641
787,279
27,900
080
LIABILITY AND PROPERTY INS FND
18,305,140
9,507,646
8,797,494
1,242,100
082
WORKERS COMPENSATION FUND
9,481,420
8,902,964
578,456
56,800
088
QUALITY SERVICE TRAINING
255,000
23,688
231,312
177,500
101
PUB WKS-ADMIN & PLANNING
8,316,140
5,728,407
2,587,733
511,600
109
INFORMATION TECHNOLOGY
11,060,520
7,177,964
3,882,556
591,700
122
EMERGENCY AND HEALTH GRANTS
5,201,635
1,282,608
3,919,028
1,165,400
123
WORKFORCE INNOV AND OPP ACT
3,531,037
3,028,869
502,168
259,300
124
ORANGE COUNTY GRANTS
971,551
697,848
273,703
15,500
128
LAW ENFORCEMENT GRANTS
1,573,455
350,795
1,222,660
684,300
130
HOME PROGRAM FEDERAL GRANT
5,822,083
426,397
5,395,686
1,979,400
135
COMMUNITY DEV BLOCK GRANT
20,777,850
9,073,865
11,703,985
11,398,700
136
HOUSING AUTHORITY -VOUCHER HAP
34,884,850
32,606,804
2,278,046
1,456,400
138
HOUSING AUTHORITY-MS5
1,316,746
810,054
506,692
19,700
148
TRAFFIC SYSTEM MGMT GRANT
39,195,973
2,968,680
36,227,293
23,696,400
157
HSG ADMIN CARES ACT COVID-19
601,744
70,395
531,349
531,400
158
PLANNING GRANTS PROGRAM
625,000
28,063
596,938
597,000
161
PRCSA CAPITAL GRANTS
7,956,008
462,734
7,493,274
7,493,400
165
OFFICE OF SAFETY GRANT
825,095
549,247
275,848
95,300
164
PUB WKS-WTR QUALITY & CONTROL
5,050,000
518,326
4,531,674
4,070,700
166
US DOJ ASSET FORFEITURE FUND
1,648,990
517,261
1,131,729
785,000
167
US TREASURY ASSET FORFEITURE
586,847
285,036
301,811
250,000
20B-16
Preliminary List of Carry Forwards By Fund
FY19-20 Balances to FY2O-21
As of August 31, 2020
FY19-20 Budget
Available
Balance as of
Fund
Fund Name
Budget
Expenditures
Carry Forward
August 31, 2020
169
RECREATION GRANTS FUND
285,415
159,183
126,232
119,500
174
CARESACT-COUNTY
2,936,473
397,534
2,538,939
2,539,100
175
CARES Act-CESF DOJ
368,135
344,709
23,426
23,500
176
CARESACT-STATE
28,580,208
167,539
28,412,670
28,412,800
223
LOCAL DRAINAGE AREA III
100,000
58,945
41,055
41,100
224
LOCAL DRAINAGE AREA IV
250,000
72,339
177,661
177,700
301
REC/COMM SVS
196,190
40,445
155,745
140,700
311
RESIDENTIAL DEVELOP DISTRICT 1
2,880,106
368,034
2,512,072
2,104,300
312
RESIDENTIAL DEVELOP DISTRICT 2
3,301,404
758,152
2,543,252
2,193,000
313
RESIDENTIAL DEVELOP DISTRICT 3
1,777,000
76,501
1,700,499
1,513,300
314
RESIDENTIAL DEVELOP DISTRICT 4
1,215,660
593,465
622,195
476,600
403
SCAG GRANTS
365,465
199,824
165,641
22,300
Total 783,643,972
477,018,730
306,625,242
179,394,500
Notes:
(A) Actual Gas Tax expenditures includethe $56,848,731 payment ofthe 2007 Certificates of Participation, approved by City Council on
11/05/19, which was not included on this schedule to calculate budget availability for carryovers.
(B) Financial statements will include additional amount $1,655,390 of expenditures forstate condemnation payments authorized in
prior periods by City Council, but recognized in FY19-20 due to a delay in the state's timing of releasing payments.
20B-17
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
APPROVE AN APPROPRIATION
ADJUSTMENT TO APPROPRIATE $982,000
IN PARK ACQUISITION AND
DEVELOPMENT (DISTRICT 3) FUNDS
RECEIVED IN PRIOR YEARS FOR
IMPROVEMENTS ALONG THE FLOWER
STREET BIKE TRAIL AND AMEND THE
FISCAL YEAR 2020-2021 CAPITAL
IMPROVEMENT PROGRAM TO INCLUDE
NEW PROJECT FUNDS
(NON -GENERAL FUND)
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 s' Reading
❑ Ordinance on 2od Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CK�7►111►U1q�iC�.
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Approve an appropriation adjustment to appropriate $982,000 in Park Acquisition and
Development (District 3) funds received in prior years for improvements along the Flower
Street Bike Trail.
2. Approve an amendment to the Fiscal Year 2020-2021 Capital Improvement Program to
include the Flower Street Bike Trail Improvements.
DISCUSSION
The City is wishes to undertake improvements along the Flower Street Bike Trail between Warner
Avenue and Segerstrom Avenue. There is damage to this section of the trail caused by tree roots
cracking and uplifting the surface. Improvements include removal of the entire existing asphalt
trail, re -grade to capture onsite water, tree root maintenance, and installation of a three-inch layer
of asphalt concrete along with striping.
In order to complete the project, the City is requesting an appropriation adjustment to appropriate
funds received in prior years in park acquisition and development fees for District 3, the section of
the City that is South of First Street and East of Bristol Avenue. Additionally, an amendment to the
Fiscal Year 2020-2021 Capital Improvement Program would incorporate this project and related
funding source into the 7-year plan.
20C-1
Recognize funds and amend the Fiscal Year 2020-2021 Capital Improvement Program
October 6, 2020
Page 2
FISCAL IMPACT
The requested appropriation adjustment will appropriate revenue from prior years in the amount of
$982,000 to the Acquisition and Development (District 3) Account (No. 31313002-50001). Funds
will be expended in FY 2020-2021 as follows:
Fiscal
Accounting
Fund
Accounting Unit, Account
Amount
Year
Unit -Account #
Description
Description
FY 20-21
31313260-
PRCSA
Acquisition and Development,
$982,000
66220
Acquisition and
Improvements Other Than
Develo ment
Building
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management
Services Agency
Submitted By: Lisa Rudloff, Executive Director— Parks, Recreation, and Community
Services Agency
Nabil Saba, P.E., Executive Director— Public Works Agency
Exhibit: 1. FY 2020-2021 Capital Improvement Program Sheet
20Ci-2
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4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
APPROVE AN APPROPRIATION
ADJUSTMENT TO RECOGNIZE GRANT
REVENUE, APPROVE AN AGREEMENT
WITH THE STATE OF CALIFORNIA OFFICE
OF TRAFFIC SAFETY TO SECURE A
BICYCLE SAFETY GRANT IN AN AMOUNT
NOT TO EXCEED $100,000, AND
APPROVE AN AGREEMENT WITH
CHARITABLE VENTURES TO PROVIDE
BICYCLE SAFETY EDUCATION IN AN
AMOUNT NOT TO EXCEED $100,000
(NON -GENERAL FUND)
/s/ Kristine Ridge
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2od Reading
❑ Implementing Resolution
❑ Set Public Hearing For
K6301110111q�iC�7
FILE NUMBER
Approve an appropriation adjustment to recognize Office of Traffic Safety (OTS) Pedestrian and
Bicycle Safety grant funds in the amount of $100,000 in the OTS-PWA Traffic Safety Grants,
Federal Grants -Indirect and Reserve Appropriation revenue accounts and appropriate the same
amount to the OTS-Bicycle Safety PWA, Contract -Services Professional and Reserve
Appropriation expenditure accounts.
2. Authorize the City Manager to execute a one-year grant agreement (PS21042) with the State
of California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in an
amount not to exceed $100,000, for a one-year period beginning October 1, 2020 and ending
September 30, 2021 (timeframe consistent with the grant cycle), subject to non -substantive
changes approved by the City Manager and City Attorney.
3. Authorize the City Manager to execute an agreement with Charitable Ventures of Orange
County, Inc. to provide bicycle safety education services for a one-year period beginning
October 6, 2020 and ending October 31, 2021, in an amount not to exceed $100,000, subject
to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Public Works Agency partnered with Santa Ana Active Streets (SAAS) to develop
a custom Pedestrian and Bicycle Safety Program (Program) for the City of Santa Ana. The Program
was submitted by the Public Works Agency in partnership with SAAS to the State of California
Office of Traffic Safety (OTS) and has been awarded a $100,000 grant (Exhibit 1). These funds will
20D-1
Agreement for Pedestrian and Bicycle Safety Program
October 06, 2020
Page 2
be used to address pedestrian and bicycle safety through a series of safety education workshops
and events. The goal of the program is to reduce the number of deaths and injuries in traffic
collisions involving bicycles and pedestrians.
The bilingual education program is intended to reach a wide cross section of community members
and will include a series of comprehensive workshops. Some workshops consist of educating adults
about traffic safety and others consist of educating youth about bicycle safety and maintenance. At
the end of the adult series, community members will recommend improvements to the Public Works
Agency to guide the pursuit of future grant funds. At the end of the youth series, community youth
will earn a bicycle, which they will have repaired and maintained during the course of the classes.
The program includes family -friendly bicycle safety skills classes taught by the League of American
Bicyclists Certified Instructors, access to nighttime lights and helmets distributed to the community
during safety equipment events geared toward pedestrians and bicyclists, equipment
demonstration events, and youth pedestrian and bicycle traffic safety fairs at community events. All
tasks outlined in the Program scope of work will be delivered directly by SAAS and by Cal Walks
as a sub -consultant to SAAS, and will be paid by SAAS's fiscal agent Charitable Ventures of
Orange County, Inc. (Exhibit 2) utilizing the Office of Traffic Safety grant award.
FISCAL IMPACT
Approval of the requested appropriation adjustment will recognize Office of Traffic Safety
Pedestrian and Bicycle Safety grant funds in the amount of $100,000 as follows: $80,000 will be
recognized in the OTS-PWA Traffic Safety Grants, Federal Grants -Indirect revenue account (No.
16517002-52001), and $20,000 in the OTS-PWA Traffic Safety Grants, Reserve Appropriation
revenue account (No. 16517002-59011). The Appropriation Adjustment will also appropriate the
same amount of $100,000 as follows: $80,000 will be appropriated to the OTS-Bicycle Safety PWA,
Contract -Services Professional expenditure account (No. 16517611-62300) and $20,000 to the
OTS-Bicycle Safety PWA, Reserve Appropriation expenditure account (No. 16517611-69011).
The funds will be available for expenditure as follows:
Fiscal
Accounting
Unit-
Fund
Accounting Unit, Account No.
Amount
Year
Account No.
Description
Description
2020-21
(Oct-
16517611-62300
Office of
OTS-Bicycle Safety PWA,
$80,000
June
Safety Grant
Contract -Services Professional
2021-22
(July-
16517611-69011
Office of
OTS-Bicycle Safety PWA,
$20,000
Sept)
Safety Grant
Reserve Appropriation
TOTAL:
1 $100,000
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management
Services Agency
Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency
20D-2
Agreement for Pedestrian and Bicycle Safety Program
October 06, 2020
Page 2
Exhibits: 1. State of California, Office of Traffic Safety Grant Agreement
2. Charitable Ventures Agreement
20D-3
State of California — Office of Traffic Safety
GRANT AGREEMENT
Exhibit 1
GRANT NUMBER
PS21042
1. GRANT TITLE
Pedestrian and Bicycle Safety Program
2. NAME OF AGENCY
3. Grant Period
Santa Ana
From: 10/01/2020
To: 09/30/2021
4. AGENCY UNIT TO ADMINISTER GRANT
Santa Ana Public Works Agency
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes
involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos,
community events, presentations, and workshops. These countermeasures should be conducted in
communities with high numbers of pedestrian and/or bicycle related crashes including underserved
communities, older adults, and school -aged children. Coordinated efforts such as Safe Routes to School
initiatives, Vision Zero campaigns, and working with community based organizations are highly encouraged to
prevent fatalities and injuries of vulnerable non -motorized road users.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $100,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by
this reference made a part of the Agreement:
• Schedule A — Problem Statement, Goals and Objectives and Method of Procedure
• Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable)
• Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable)
• Exhibit A — Certifications and Assurances
• Exhibit B* — OTS Grant Program Manual
• Exhibit C — Grant Electronic Management System (GEMS) Access
*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if
attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.aov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we
are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR
B. AUTHORIZING OFFICIAL
NAME: Zed Kekula
NAME: Kristine Ridge
TITLE: Senior Civil Engineer
TITLE: City Manager
EMAIL: zkekula@santa-ana.org
EMAIL: kridge@santa-ana.org
PHONE: (714)647-5606
PHONE: (714)647-5200
ADDRESS: 20 Civic Center Plaza
ADDRESS: 20 Civic Center Plaza
Santa Ana, CA 92702
Santa Ana, CA 92702
(Signature) (Date)
(Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Kathryn Downs
NAME: Barbara Rooney
TITLE: Executive Director of Finance & Management
TITLE: Director
EMAIL: Services
EMAIL: barbara.rooney@ots.ca.gov
PHONE: kdowns@Santa-ana.org
PHONE: (916) 509-3030
ADDRESS: (714) 647-5420
ADDRESS: 2208 Kausen Drive Suite 300
20 Civic Center Plaza M-17
Elk Grove, CA 95758
Santa Ana, CA 92702
(Signature) (Date)
(Signature) (Date)
20D-4
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS INFORMATION
NAME: Carolyn Vu DUNS#: 083153247
ADDRESS: 2208 KauSen Drive, Suite 300 REGISTERED
Elk Grove, CA 95758 ADDRESS: 20 Civic Center Plaza Santa Ana, CA 92701-4058
CITY: City of Santa Ana
ZIP+4: 92701-4058
10. PROJECTED EXPENDITURES
FUND
CFDA
ITEM/APPROPRIATION
F.Y.
CHAPTER
STATUTE
PROJECTED
EXPENDITURES
AGREEMENT
$100,000.00
TOTAL
AMOUNT ENCUMBERED BYTHIS DOCUMENT
$100,000.00
1 CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
PRIOR AMOUNT ENCUMBERED FOR THIS
purpose of the expenditure stated above.
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER'S SIGNATURE
DATE SIGNED
TOTAL AMOUNT ENCUMBERED TO DATE
$100,000.00
APPROVED AS TO FORM:
,Whn M. Funk
Assistant City Attorney
RECOMMENDED FOR APPROVAL: ATTEST
Nabil Saba
Executive Director
Public Works Agency
Daisy Gomez
Clerk of the Council
20D-5
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PS21042
1. PROBLEM STATEMENT
With a population of just under 330,000; the City of Santa Ana is one of the fourteen highest population
cities in the State (Group A). The City is approximately 27.1 square miles. Santa Ana has a large volume of
motor vehicle traffic, with the arterials carrying 30,000 to 40,000 vehicles per day. There are also four
freeways that converge within the city and a total of 450 miles of streets.
Relative income and vehicle ownership levels within the City are significantly lower than statewide averages.
The City population's median age is the youngest of the seven largest cities in Orange County and the
residential density is one of the highest in the State. Transit ridership in Santa Ana is the highest in the
County with several of the busiest OCTA bus lines serving the City. As a result of climate and
demographics, bicycle dependent population is relatively high when compared to other communities in the
County or the State. Also, a significant portion of the adult bicyclists may not speak English or understand
the rules of the road.
In 2017 the City of Santa Ana ranked 3/15 for bicycle involved collisions and 3/15 in bicycle collisions (under
15).
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of pedestrians killed under age 15 in traffic crashes.
6. Reduce the number of pedestrians injured under age 15 in traffic crashes.
7. Reduce the number of pedestrians killed over age 65 in traffic crashes.
8. Reduce the number of pedestrians injured over age 65 in traffic crashes.
9. Reduce the number of bicyclists killed in traffic crashes.
10. Reduce the number of bicyclists injured in traffic crashes.
11. Reduce the number of bicyclists under age 15 killed in traffic crashes.
12. Reduce the number of bicyclists under age 15 injured in traffic crashes.
13. Increase bicycle helmet usage.
B. Objectives:
Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The
1
kick-off press releases and media advisories, alerts, and materials must be
emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to
your OTS Coordinator, for approval 14 days prior to the issuance date of the
release.
2. Work closely with community -based organizations at both the neighborhood and
2
community level with an effort to reach individuals.
3. Participate in the following campaigns, National Walk to School Day, National
3
Bicycle Safety Month and California's Pedestrian Safety Month.
4. Conduct pedestrian and/or bicycle safety presentations at community groups with
3
an effort to reach individuals.
5. Conduct pedestrian and/or bicycle safety classroom presentations with an effort to
4
reach students.
6. Conduct pedestrian and/or bicycle safety courses with an effort to reach
10
community members.
7. Distribute pedestrian safety equipment to children that may include reflective
4
armbands and/or zipper pulls.
8. Distribute bicycle headlights and tail lights during bicycle safety community events
4
or bicycle safety courses.
r10 .,
9. Develop bicycle and pedestrian safety educational materials to be distributed
1
during classroom presentations, workshops, and community events.
10. Participate in Safe Routes to School coalition meetings.
4
11. Conduct pedestrian Walking Field Trips with an effort to reach adults and senior
1
citizens.
12. Conduct community outreach events with an effort to reach adults and senior
10
citizens.
13. Distribute and properly fit bicycle helmets at bicycle rodeos, workshops, and
4
community events.
14. Conduct bicycle helmet inspections and make necessary adjustments at schools
4
and community events.
15. Conduct community bicycle rides promoting safe bicycling in the community with
3
an effort to reach bicyclists.
16. Hold quarterly meetings with countywide pedestrian and/or bicycle safety
4
stakeholders to collaborate on events, share best practices, and leverage
resources.
17. Collaborate with law enforcement agencies to increase knowledge and awareness
1
of pedestrian and bicycle safety.
3. METHOD OF PROCEDURE
A. Phase 1 — Program Preparation (1 St Quarter of Grant Year)
• Develop operational plans to implement the "best practice" strategies outlined in the objectives
section.
• All training needed to implement the program should be conducted this quarter.
• All grant related purchases needed to implement the program should be made this quarter.
Media Requirements
• Issue a press release announcing the kick-off of the grant by November 15, but no earlier than
October 1. If unable to meet the November 15 date, communicate reasons to your OTS
Coordinator. The kick-off press releases and any related media advisories, alerts, and materials
must be emailed for approval to the OTS Public Information Officer at pio(dots.ca.gov, and
copied to your OTS Coordinator, 14 days prior to the issuance date of the release.
B. Phase 2 — Program Operations (Throughout Grant Year)
• Task 1: Pedestrian and Bicycle Safety Education Workshops and Classes to help support
increased knowledge and understanding of safety.
• Host three (3) bilingual English/Spanish presentations at interactive workshops to provide
eduction to community members on safety for pedestrians and bicyclists.
• Conduct five (5) Bicycling Basics Classes in the City of Santa Ana. At least one (1) of
these classes will be taught in Spanish.
• Conduct three (3) Wrench and Ride programs in the City of Santa Ana. All classes will be
taught in English or Spanish, with Vietnamese as needed
• Task 2: Active Transportation Champions Cohort: Plan and deliver meetings, trainings,
and a community roundtable to cultivate a cohort of 10-20 residents who will identify and
develop pedestrian and bicycle safety education, encouragement, and engagement
activities to strengthen and advance the City's existing pedestrian and bicycle safety
infrastructure improvements and non -infrastructure strategies.
• Conduct two (2) workshops on quantitative and/or qualitative data collection and collision
data analysis
• Organize one (1) community -led walking and biking assessment or collection of
pedestrian/bicycle counts
• Conduct two (2) action planning sessions
• Host one (1) community roundtable
• Conduct two (2) stakeholder engagement meetings
• Task 3: Provide community encouragement activities to support increased use of walking
and biking in the City of Santa Ana.
• Conduct one(1) education and encouragement events in the City of Santa Ana, based on
recommendations from the "Active Transportation Cohort."
20D-7
Conduct three (3) family cycling education classes in the City of Santa Ana. At least two
(2) of these classes will be available in Spanish.
Conduct four (4) iLuces Vivas! Events to help encourage and provide education for
walking and riding safely at night.
Media Requirements
• Send all grant -related activity press releases, media advisories, alerts and general public
materials to the OTS Public Information Officer (PIO) at pio a( _ots.ca.goy, with a copy to your OTS
Coordinator. The following requirements are for grant -related activities and are different from
those regarding any grant kick-off release or announcement.
• If an OTS-supplied, template -based press release is used, there is no need for pre -approval,
however, the OTS PIO and Coordinator should be copied when at the same time as the release
is distributed to the press.
• If an OTS-supplied template is not used, or is substantially changed, a draft press release shall
be sent to the OTS PIO for approval. Optimum lead-time would be 10 days prior to the release
distribution date, but should be no less than 5 working days prior to the release distribution date.
• Press releases reporting the immediate and time -valued results of grant activities such as
enforcement operations are exempt from the recommended advance approval process, but still
should be copied to the OTS PIO and Coordinator when the release is distributed to the press.
• Activities such as warrant or probation sweeps and court stings that could be compromised by
advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media
coverage and to report the results.
• Use the following standard language in all press, media, and printed materials: Funding for this
program was provided by a grant from the California Office of Traffic Safety, through the National
Highway Traffic Safety Administration.
• Email the OTS PIO at pioaots.ca.goy and copy your OTS Coordinator at least 30 days in
advance, a short description of any significant grant -related traffic safety event or program so
OTS has sufficient notice to arrange for attendance and/or participation in the event.
• Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts,
artwork, trailer graphics, etc.) to the OTS PIO at pioaots.ca.gov and copy your OTS Coordinator
for approval 14 days prior to the production or duplication.
• Space permitting, include the OTS logo, on grant -funded print materials; consult your OTS
Coordinator for specifics and format -appropriate logos.
• Contact the OTS PIO or your OTS Coordinator, sufficiently far enough in advance of need, for
C. Phase 3 — Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30,
and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
• Provide a brief list of activity conducted, procurement of grant -funded items, and significant
media activities. Include status of grant -funded personnel, status of contracts, challenges, or
special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
• Collect. analvze and report statistical data relatina to the arant aoals and obiectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
of the grant's accomplishments, challenges and significant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities
after grant conclusion.
r1O
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PS21042
FUND NUMBER
CATALOG
FUND DESCRIPTION
TOTAL AMOUNT
NUMBER(CFDA)
402PS-21
20.600
State and Community Highway
$100,000.00
Safety
COST CATEGORY
FUND
NUMBER
UNIT COST OR
RATE
UNITS
TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Positions and Salaries
Straight Time
$0.00
Overtime
$0.00
Category Sub -Total
$0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub -Total
$0.00
C. CONTRACTUAL SERVICES
Task 1a: Pedestrian and Bicycle Safety
Workshops
402PS-21
$4,750.00
3
$14,250.00
Task 1b: Bici Basics
402PS-21
$4,100.00
5
$20,500.00
Task 1c: Wrench and Ride Program
402PS-21
$4,600.00
3
$13,800.00
Task 2a: Data Analysis Workshops
402PS-21
$1,800.00
2
$3,600.00
Task 2b: Walking and Biking Assessment
402PS-21
$2,000.00
1
$2,000.00
Task 2c: Action Planning Sessions
402PS-21
$1,600.00
2
$3,200.00
Task 2d: Community Roundtable
402PS-21
$2,100.00
1
$2,100.00
Task 2e: Stakeholder Engagement
Meetings
402PS-21
$1,800.00
2
$3,600.00
Task 3a: Education and Encouragement
Event
402PS-21
$11,000.00
1
$11,000.00
Task 3b: Family Cycling Education
Classes
402PS-21
$3,000.00
3
$9,000.00
Task 3c: Luces Vivas Events
402PS-21
$2,300.00
4
$9,200.00
Bicycle Helmets
402PS-21
$10.00
200
$2,000.00
Bicycle Safety Equipment
402PS-21
$5,750.00
1
$5,750.00
Category Sub -Total
$100,000.00
D. EQUIPMENT
$0.00
Category Sub -Total
$0.00
E. OTHER DIRECT COSTS
$0.00
Category Sub -Total
$0.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
20D-9
GRANT TOTAL $100,000.00
20D-10
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PS21042
BUDGET NARRATIVE
PERSONNEL COSTS
TRAVEL EXPENSES
CONTRACTUAL SERVICES
Task 1a: Pedestrian and Bicycle Safety Workshops -Host four (3) bilingual English/Spanish presentations at
interactive workshops to provide education to community members on safety for pedestrians and
bicyclists.SAAS will host three (3) presentations and interactive workshops that will educate residents on
bicycle and pedestrian safety strategies, including nationally recognized best practices and emerging
successes from localities across California. The presentations will be geared toward adults and young
adults, while the interactive workshops will be geared toward all ages. The target population will be for adults
and youth that have concerns about active transportation safety and would like to learn about strategies that
would improve safety for people walking and biking. The presentations and workshops will teach the basic
principles of active transportation and transit systems, including demystifying the rules of the road for when
driving, biking, skateboarding, or on foot.
3 Workshops at $4750 each
Task 1b: Bici Basics - Conduct five (5) Bicycling Basics Classes in the City of Santa Ana. At least one (1) of
these classes will be taught in Spanish. Bicycling Basics classes are geared towards new riders to teach
them basic skills and give them the confidence to begin riding a bicycle. All classes will be taught by trained
League Cycling Instructors (LCIs). The target students are people who have never ridden before and/or who
have not ridden since childhood. The class is designed to increase bicyclist's safety awareness of common
car/bike collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the importance
of helmet use when riding a bicycle. This class covers bicyclist rules of the road, basic principles of bicycling
in traffic, common hazards encountered by bicyclists and how to deal with them, simple steps to ensure your
bike is in good condition, and proper helmet fit and adjustment. Each participant will receive a certificate of
completion upon mastering the course.
Bicycling Basics 5 classes at $4100 each
Task 1c: Wrench and Ride Program - Conduct three (3) Wrench and Ride programs in the City of Santa
Ana. All classes will be taught in English or Spanish, with Vietnamese as needed.
Wrench and Ride is a program hosted at The Bicycle Tree in which participants learn about bicycle anatomy,
bike safety, and maintenance. As part of the program, people select a used bike, which they then repair
using the skills they have learned. Participants also receive a helmet, lock, and lights to go with their bike.
In addition to attending the Wrench and Ride classes, participants are required to take an ATLP Pledge,
attend two ATLP presentations or workshops, and volunteer four hours at an ATLP event. There will be a
wrench and ride offered to women, and one offered for youth.
3 Wrench and Ride Programs at $4600 each
Task 2a: Data Analysis Workshops - Conduct two (2) workshops on quantitative and/or qualitative data
collection and collision data analysis
2 workshops at $1800 each
Task 2b: Walking and Biking Assessment - Organize one (1) community -led walking and biking assessment
or collection of pedestrian/bicycle counts.
1 assessment at $2000
Task 2c: Action Planning Sessions - Conduct two (2) action planning sessions. Workshops will focus on
quantitative and/or qualitative data collection and collision data analysis for walking and biking
2 sessions at $1600 each
Task 2d: Community Roundtable - Host one (1) community round table. The community open house where
participants will share/present what they've learned in the program to their fellow residents and city staff.
1 community roundtable at $2100
20D-11
Task 2e: Stakeholder Engagement Meetings - Conduct two (2) stakeholder engagement meetings.
Engagement meetings with key city stakeholders responsible for traffic safety improvements where
participants will share their active transportation experiences, concerns, and needs.
2 meetings at $1800 each
Task 3a: Education and Encouragement Event - Conduct one (1) education and encouragement events in
the City of Santa Ana, based on recommendations from the "Active Transportation Cohort." SAAS will
conduct one pop up demonstrations of an active transportation project or program and provide safety
education and encouragement of walking and biking. The project team will help facilitate logistics and
leverage partnerships to ensure successful event implementation.
1 event at $11,000 each
Task 3b: Family Cycling Education Classes - Conduct three (3) family cycling education classes in the City
of Santa Ana. At least one (1) of these classes will be available in Spanish. The class will merge the
traditional Traffic Skills curriculum developed by the League of American Bicyclists with the basic skills
taught to youth in a bike rodeo. The target population for students is families that seek to ride as a family and
give them the confidence to begin riding a bicycle together. Riders will learn the rules of the road for entering
traffic at intersections and riding in the street. The class is designed to increase bicyclist's safety awareness
of common car/bike collisions, teach ways to prevent and avoid crashes and collisions, and emphasize the
importance of helmet use when riding a bicycle. Each participant will receive a certificate of completion upon
mastering the course. The on -bike training will consist of a family group riding exercise where participants
will have the opportunity to test their new skills in a fun, safe, and family -friendly setting.
3 classes at $3000 each
Task 3c: Luces Vivas Events - Conduct four (4) iLuces Vivas! Events to help encourage and provide
education for walking and riding safely at night. iLuces Vivas! is an education and night light distribution
program intended to provide education and encouragement for riding bikes and walking in Santa Ana safely
at night. Our goal is to seek out people riding or walking without lights for various reasons, especially those
who may not have the means or time to acquire lights on their own.
SAAS and community partners will organize iLuces Vivas! to meet for four (4) street distributions at
undisclosed locations throughout Santa Ana where night-time bicycle ridership and pedestrian activity is
expected to be high and where the City has seen a history of incidents involving bicyclists and pedestrians at
night. iLuces Vivas! members will provide bilingual education and encouragement activities to support the
safety of pedestrians and bicyclists. Additionally, cyclists who are not wearing helmets will be fitted and
provided a helmet.
SAAS will be responsible for procuring front and rear bike lights and bike helmets that meet the OTS Buy
America requirements. The number of units are reflected in the agreed upon budget. It is expected that 50-
100 light sets, and/or helmets will be distributed at each event, depending on expected bicyclist and
pedestrian volume. Our goal will be to distribute all the lights and helmets allocated for each event.
4 events at $2300 each
Bicycle Helmets - Helmets to be distributed during bicycle rodeos and other bicycle safety related events.
Bicycle Safety Equipment - Safety equipment such as bicycle headlights/taillights, reflectors, and reflective
arm and leg bands to be distributed during bicycle rodeos and other bicycle safety related events.
Additional items may be purchased if approved by OTS.
EQUIPMENT
OTHER DIRECT COSTS
INDIRECT COSTS
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
The California Office of Traffic Safety (OTS) recognizes the need for flexibility in response to the COVID-19
pandemic; its effect on public health and the need for potential changes of activities in the FFY 2021 grant -
funded projects. If there are COVID-19 impacts, the grantee must contact the OTS Coordinator immediately
to discuss the impacts on the grant -funded project. If it is determined an alternate work plan is needed, the
alternate work plan must substantially meet the goals and objectives of this grant and is subject to OTS
20D-12
approval. If an alternative work plan is not submitted, or submitted and not approved, no further claims will
be paid on the grant and the grant may be subject to cancellation.
20D-13
State of California - Office of Traffic Safety GRANT NUMBER
GRANT AGREEMENT PS21042
Exhibit A
CERTIFICATIONS AND ASSURANCES
HIGHWAY SAFETY GRANTS
(23 U.S.C. CHAPTER 4 AND SEC. 1906, PUB. L. 109-59, AS AMENDED)
Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee
Agency officials to civil or criminal penalties and/or place State in a high -risk grantee status in
accordance with 49 CFR 18.12.
The Officials named on the grant agreement signature page, that the Grantee Agency complies with
all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and
laws in effect with respect to the periods for which it receives grant funding. Applicable provisions
include but are not limited to the following:
GENERAL REQUIREMENTS
• 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended
• 2 CFR part 200 - Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
• 49 CFR Part 18- Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments.
• 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations
relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not
limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin) and 49 CFR part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on
the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits
discrimination on the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section
504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"
to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors,
whether such programs or activities are Federally -funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37
and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations (prevents discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations); and
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
(guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP)
by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access
to programs (70 FIR 74087-74100).
The State highway safety agency—
• Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race,
color, national origin, disability, sex, age, limited English proficiency, or membership in any other class
protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the
program is Federally -assisted;
• Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors,
subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non -Discrimination Authorities identified in this Assurance;
• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with
all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts,
documents, information, facilities, and staff, and to cooperate and comply with any program or compliance
reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising
under these Non -Discrimination Authorities and this Assurance;
• Agrees to insert in all contracts and funding agreements with other State or private entities the following
clause:
"During the performance of this contract/funding agreement, the contractor/funding recipient agrees —
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law
or regulation, as set forth in appendix B of 49 CFR part 21 and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by
the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this
contract/funding agreement, the State highway safety agency will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding
payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient
complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part;
and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in
every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The state will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political
activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
20D-15
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any
State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification
set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective primary tier participant shall submit an explanation of
why it cannot provide the certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such
person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or default or may
pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to
which this proposal is submitted if at any time the prospective primary tier participant learns its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
20D-16
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of
those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the
clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to
comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier Covered
Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local) terminated for cause or default.
20D-17
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all
lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower
tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transactions:
20D-18
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal
funds only steel, iron and manufactured products produced in the United States, unless the Secretary of
Transportation determines that such domestically produced items would be inconsistent with the public interest,
that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic
materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal
funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate
basis and justification for approval by the Secretary of Transportation.
1:1:101711-Ai[o7kite] k1l11);lIMON]:L1 lUb-111OZ6371x01:470]:4714liriI�i�);7_<<3
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet
usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997,
the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its
employees when operating company -owned, rented, or personally -owned vehicles. The National Highway
Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this
Presidential initiative. For information and resources on traffic safety programs and policies for employers,
please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to
improving the traffic safety practices of employers and employees. You can download information on seat belt
programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at
www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns,
and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving,
and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce
workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text
messaging while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, or
privately -owned vehicles when on official Government business or when performing any work on or behalf of
the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate
with the size of the business, such as establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees
about the safety risks associated with texting while driving.
20D-19
State of California — Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access
Exhibit C
GRANT NUMBER
����iGZya
INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users.
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly
Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director, Fiscal Official or Authorizing Official must sign and return it with the Grant Agreement.
Grant Details
Grant Number:
PS21042
Agency Name:
Santa Ana Public Works Agency
Grant Title:
Pedestrian and Bicycle Safety Program
Agreement Total:
$100,000.00
Authorizing Official:
Kristine Ridge
Fiscal Official:
Kathryn Downs
Grant Director:
Zed Kekula
Current GEMS User(s)
1. Ruben Castaneda
Title: Assistant Engineer
Phone: (714) 647-5621
Email: rcastaneda@santa-ana.org
Media Contact: Yes
Title: Senior Civil Engineer Media Contact: Yes
Phone: (714) 647-5606
Email: zkekula@santa-ana.org
3. Cory Wilkerson
Title: Active Transportation Coordinator Media Contact: No
Phone: 714-647-5643
Email: cwilkerson@santa-ana.org
20D-20
Complete the below information if adding, removing or editing a GEMS user(s)
GEMS User 1
Add as a media contact? Yes ❑
No 1K]
Add/Change ❑ Remove Access
Cory Wilkerson
Active Transportation Coordinator
Name
Job Title
cwilkerson@santa-ana.org
714 647-5643
Email address
Phone number
GEMS User 2
Add as a media contact? Yes X
No ❑
Add/Change ❑ Remove Access ❑
Paul Eakins
Public Affairs Information Officer
Name
Job Title
peakins@santa-ana.org
714 647-5224
Email address
Phone number
GEMS User 3
Add as a media contact? Yes IK]
No ❑
Add/Change ❑ Remove Access ❑
Michelle Micallef
Community Liaison, Public Works
Name
Job Title
mmicallef santa-ana.or
(714) 647-5091
Email address
Phone number
GEMS User 4
Add as a media contact? Yes ❑
No ❑
Add/Change ❑ Remove Access ❑
Name
Job Title
Email address
Phone number
GEMS User 5
Add as a media contact? Yes ❑
No ❑
Add/Change ❑ Remove Access ❑
Name
Job Title
Email address
Phone number
Form completed by:
Date:
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.
Signature
Name
Date
Title
20D-21
0m611VA
AGREEMENT TO PROVIDE BICYCLE AND
PEDESTRIAN SAFETY OUTREACH SERVICES
THIS AGREEMENT is made and entered into this 6 th day of October, 2020, by and between
Charitable Ventures of Orange County, Inc., as fiscal sponsor for Santa Ana Active Streets
("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized
and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The Santa Ana Public Works Agency has been awarded a $100,000 grant from the
State of California Office of Traffic Safety (OTS) for a program to address bicycle
and pedestrian safety through a series of bicycle safety education
workshops and events. The goal of the program is to reduce the number of persons
killed or injured in collisions involving bicycles.
B. The City desires to retain a consultant to provide such a program.
C. Consultant represents that it is able and willing to provide such services to the City.
D. In undertaking the performance of this Agreement, Consultant represents that it
is knowledgeable in its field and that any services performed by Consultant under
this Agreement will be performed in compliance with such standards as may
reasonably be expected from aprofessional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide bicycle and pedestrian safety education services that are
described in Exhibit A to this Agreement and incorporated by reference as though
fully set forth herein. Consultant may provide such services through the community -
based coalition known as "Santa Ana Active Streets" (SAAS).
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its
services, the rates and charges identified in Exhibit B. The total sum to be
expended under this Agreement shall not exceed $100,000.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting
procedures. Payment need not be made for work which fails to meet
the standards of performance set forth in the Recitals which may reasonably
be expected by City.
Page 1 of 10
20D-22
3. TERM
The term of this Agreement shall commence on the date stated above and continue
through October 31, 2021, unless earlier terminated as set forth in Section 14,
below.
4. INDEPENDENT CONTRACTOR
Consultant shall during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not
intended nor shall it be construed to create an employer -employee relationship, a
joint venture relationship, or to allow the City to exercise discretion or control over
the manner in which Consultant performs the services required by this Agreement.
However, the services to be provided by Consultant shall be provided in a manner
consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's Social Security taxes,
unemployment insurance, and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF REPORTS AND DOCUMENTS
Upon completion of all work under this Agreement, ownership and title to all
reports, documents, tracings, plans, specifications, estimates and maps prepared or
obtained under the terms of this Agreement shall be delivered to, and become the
property of City. Basic survey notes and sketches, charts, computations, and other data
prepared or obtained pursuant to this Agreement shall be made available upon request
of the City without restriction or limitation on their use. Consultant shall furnish the
City all necessary copies of data needed to complete the review and approval process.
6. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary,
Consultant agrees that it shall not use or disclose such information except in the
performance of this Agreement, and further agrees to exercise the same degree of
care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic
information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party
is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available
source; (c) is in rightful possession of the Consultant without an obligation of
confidentiality; (d) is required to be disclosed by operation of law; or (e) is
independently developed by the Consultant without reference to information disclosed
by the City.
Page 2 of 10
20D-23
7. 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.
8. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of
California, the City of Santa Ana and all other governmental agencies. Consultant shall
notify the City immediately and in writing of its inability to obtain or maintain such
permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for
termination of this Agreement.
9. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and
prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities or in connection with any
activities under this Agreement. Consultant affirms that it is an equal opportunity
employer and shall comply with all applicable federal, state and local laws and
regulations.
10. CONFLICT OFINTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services.
11. INSURANCE
Prior to undertaldng performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance
as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Consultant's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The
Page 3 of 10
20D-24
amounts of insurance shall be not less than the following: single limit coverage
applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence, with
$2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers,
employees, agents, volunteers and representatives as additional insured(s); (b)
be primary with respect to insurance or self-insurance programs maintained by
the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the California Labor
Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement,
Consultant agrees to obtain and maintain any employer's liability insurance
with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a
combined single limit of not less than $1,000,000 per claim with $2,000,000
in the aggregate.
e. The following requirements apply to the insurance to be provided by
Consultant pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution
of this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be
cancelled or reduced in coverage or changed in any other material
aspect, by consultant, without thirty (30) days prior written notice to the
City.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the City with required proof that
insurance has been procured and is in force and paid for, the City shall have the
right, at the City's election, to terminate this Agreement. Such termination shall
not affect Consultant's right to be paid for its time and materials expended
prior to notification of termination. Consultant waives the right to receive
Page 4 of 10
20D-25
compensation and agrees to indemnify the City for any work performed prior
to approval of insurance by the City.
12 INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its
officers, agents, employees, consultants, special counsel, and representatives from
liability: (1) for personal injury, damages, just compensation, restitution, judicial or
equitable relief arising out of claims for personal injury, including death, and claims
for property damage, which may arise from the operations of the Consultant or its
Consultants, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in section 1 of this Agreement; and (2) from
any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to
indemnify, hold harmless, and pay all costs for the defense of the City, including fees
and costs for special counsel to be selected by the City, regarding any action by a third
party challenging the validity of this Agreement, or asserting that personal injury,
damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement.
City may make all reasonable decisions with respect to its representation in any legal
proceeding. Notwithstanding the foregoing, to the extent Consultant's services are
subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the
extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the Consultant.
13. 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, 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
SantaAna, CA 92702-1988
Copies to: Public Works Agency -Executive Director
City Hall -Ross Annex -4th Floor
20 Civic Center Plaza (M-21)
SantaAna, California 92702
Page 5 of 10
20D-26
To Consultant: Charitable Ventures of Orange County
1505 E. 17th Street, Suite 101
Santa Ana, CA 92705
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. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
14. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice
of termination. In such event, Consultant shall be entitled to receive and the City
shall pay Consultant compensation for all services performed by Consultant prior to
receipt of such notice of termination, subject to the following conditions:
a. Asa condition of such payment, the Executive Director may require Consultant
to deliver to the City all work product completed as of such date, and in such
case such work product shall be the property of the City unless prohibited by
law, and Consultant consents to the City's use thereof for such purposes as the
City deems appropriate.
b. Payment need not be made for work which fails to meet the standard
of performance specified in the Recitals of this Agreement.
15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
a. Consultant shall perform all requirements under this Agreement in strict
observance and in compliance with all applicable environmental, traffic, safety
and any other laws, regulations, ordinances, codes and any other legislative or
statutory requirements.
b. Consultant warrants that the performance of services under this Agreement
shall be compliant with the current requirements of the Highway Safety
Grant Management Manual and as it maybe amended or updated throughout the
term of this Agreement.
C. Consultant certifies that it shall comply with the following regulations, as
required by the State of California Office of Traffic Safety:
d Audit Records - With respect to all matters covered by this agreement all
records shall be made available for audit and inspection by the City, the
grant agency and/or their duly authorized representatives for a period of four
(4) years from the termination of this Agreement. For a period of three
years after final delivery hereunder or until all claims related to this
Page 6 of 10
20D-27
Agreement are finally settled, whichever is later, Consultant shall preserve
and maintain all documents, papers and records relevant to the services
provided in accordance with this Agreement, including the Attachments
hereto. For the same time period, Consultant shall make said documents,
papers and records available to City and the agency from which City received
grant funds or their duly authorized representative(s), for examination,
copying, or mechanical reproduction on or off the premises of Consultant,
upon request during usual working hours.
e. Consultant shall provide to City all records and information requested by City
for inclusion in quarterly reports and such other reports or records as City
may be required to provide to the agency from which City received grant
funds or other persons or agencies.
f. Section 504 of the Rehabilitation Act of 1973 - All recipients of
federal funds must comply with Section 504 of the Rehabilitation Act
of 1973 (The Act). Therefore, the federal funds recipient pursuant to the
requirements of The Act hereby gives assurance that no otherwise qualified
handicapped person shall, solely by reason of handicap be excluded from the
participation in, be denied the benefits of or be subject to discrimination,
including discrimination in employment, in any program or activity that
receives or benefits from federal financial assistance. The Consultant agrees it
will ensure that requirements of The Act shall be included in the agreements
with and be binding on all of its contractors, subcontractors, assignees or
successors.
g. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply
with all requirements of the Americans with Disabilities Act of 1990 (ADA),
as applicable.
h. Political Activity - None of the funds, materials, property, or services
provided directly or indirectly under this Agreement shall be used for any
partisan political activity, or to further the election or defeat of any candidate
for public office, or otherwise in violation of the provisions of the "Hatch
Act".
i. Civil Rights Compliance and Notification of Findings - Consultant, and all its
contractors (or sub -recipients) will comply with the nondiscrimination
requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title
VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans
with Disabilities Act (ADA) (1990); Title IX of the Education Amendments
of 1972; the Age Discrimination Act of 1975; Department of Justice Non -
Discrimination Regulations, 28 CPR Part 42, Subparts C, D, E, and G; and
Department of Justice regulations on disability discrimination, 28 CPR Part 35
and 39. In the event a Federal or State court, Federal or State administrative
Page 7 of 10
20D-28
agency, or the Consultant makes a finding of discrimination after a due process
hearing on the grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the Consultant will forward a copy of
the findings to the City which will, in turn, submit the findings to the Office
of Civil Rights, Office of Justice Programs, U.S. Department of Justice.
j. Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of the Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations
(41 CPR chapter 60), as applicable.
k. Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CPR Part 3), as
applicable.
1. Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented by Department of Labor regulations (29 CPR Part 5), as
applicable.
M. Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of Sections 103 and 107 of the Contract Work and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CPR Part 5), as applicable.
n. Consultant, and all its contractors (or sub -recipients) will comply with all
applicable standards, orders or requirements issued under s e ction 306 of the
Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and the Environmental Protection
Agency regulations (40 CPR part 15), as applicable.
o. Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89
Star. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639,
19645, Apr. 19, 1995), as applicable.
p. Consultant, and all its contractors (or sub -recipients) will comply with all
requirements of the Department of Housing and Urban Development,
Community Development Block Grant Regulatory Code 24 CPR Part 570.
q. Consultant agrees that the State of California Office of Traffic Safety shall
have the authority to seek patent rights for any process, product, invention or
discovery developed and paid for with funding through this Agreement.
Page 8 of 10
20D-29
r. Consultant may not copyright any books, publications or other materials
developed in the course of or under this Agreement. The federal awarding
agency, State Administrative Agency (SAA) and City reserve any rights to
copyright, reproduce, publish or otherwise use, and to authorize others to use,
for federal government, SAA or City purpose any work developed through this
Agreement.
16. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter therein, and supersedes any and all other
agreements, oral or written, between the parties. In the event of a conflict between the
terms of this Agreement and any attachments hereto, the terms of this Agreement shall
prevail. This Agreement may not be modified except by written instrument signed by the
City and by an authorized representative of Consultant. The parties agree that any terms
or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the
City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which are not embodied herein.
17. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered
null and void. Nothing in this Agreement shall be construed to limit the City's ability
to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
18. 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.
19. FINES
The Consultant shall be liable for all violation fines levied against the City by federal,
state, or local agencies with regulatory authority related to Consultant provided services.
Page 9 of 10
20D-30
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. All Attachments referenced herein and attached hereto shall be incorporated
as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: '�'. -f..
HN M. FUNK
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Nabil Saba, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONSULTANT
11111i4�(-
NAME: Ted Kim
TITLE: COO
Page 10 of 10
20D-31
Exhibit A
City of Santa Ana - Pedestrian and Bicycle Safety Program - Scope of Work
Task 1: Pedestrian and Bicycle Safety Education Workshops and Classes to help support
increased knowledge and understanding of safety. Workshop and classes may be in -person or
virtual to account for applicable health and safety restrictions.
Task 1a. Pedestrian and Bicycle Safety Workshops - Host four (3) bilingual English/Spanish
presentations at interactive workshops to provide education to community members on safety for
pedestrians and bicyclists.
SAAS will host three (3) presentations and interactive workshops that will educate residents on bicycle
and pedestrian safety strategies, including nationally recognized best practices and emerging successes
from localities across California. The presentations will be geared toward adults and young adults, while
the interactive workshops will be geared toward all ages. The target population will be for adults and youth
that have concerns about active transportation safety and would like to learn about strategies that would
improve safety for people walking and biking. The presentations and workshops will teach the basic
principles of active transportation and transit systems, including demystifying the rules of the road for
when driving, biking, skateboarding, or on foot.
Task 1 b: Bici Basics - Conduct five (5) Bicycling Basics Classes in the City of Santa Ana. At least
one (1) of these classes will be taught in Spanish.
Bicycling Basics classes are geared towards new riders to teach them basic skills and give them the
confidence to begin riding a bicycle. All classes will be taught by trained League Cycling Instructors (LCIs).
The target students are people who have never ridden before and/orwho have not ridden since childhood.
The class is designed to increase bicyclist's safety awareness of common car/bike collisions, teach ways
to prevent and avoid crashes and collisions, and emphasize the importance of helmet use when riding a
bicycle. This class covers bicyclist rules of the road, basic principles of bicycling in traffic, common
hazards encountered by bicyclists and how to deal with them, simple steps to ensure your bike is in good
condition, and proper helmet fit and adjustment. Each participant will receive a certificate of completion
upon mastering the course.
Task 1c: Wrench and Ride Program - Conduct three (3) Wrench and Ride programs in the City of
Santa Ana. All classes will be taught in English or Spanish, with Vietnamese as needed.
Wrench and Ride is a program hosted at The Bicycle Tree in which participants learn about bicycle
anatomy, bike safety, and maintenance. As part of the program, people select a used bike, which they
then repair using the skills they have learned. Participants also receive a helmet, lock, and lights to go
with their bike.
In addition to attending the Wrench and Ride classes, participants are required to take an ATLP Pledge,
attend two ATLP presentations or workshops, and volunteer four hours at an ATLP event. There will be
a wrench and ride offered to women, and one offered for youth.
Task 2: Active Transportation Champions Cohort: Plan and deliver meetings, trainings, and a
community roundtable to cultivate a cohort of 10-20 residents who will identify and develop
pedestrian and bicycle safety education, encouragement, and engagement activities to
strengthen and advance the City's existing pedestrian and bicycle safety infrastructure
improvements and non -infrastructure strategies. Cohort activities may be in -person or virtual to
account for applicable health and safety restrictions.
SAAS will coordinate and facilitate a series of community meetings for participants to identify education,
encouragement, and engagement activities thatwould help inform and advance the City's pedestrian and
bicycle safety improvement efforts. Community workshops will include two (2) workshops on quantitative
and/or qualitative data collection and collision data analysis for walking and biking; one (1) community -
led walking and biking assessments or collection of pedestrian/bicycle counts; two (2) action planning
11 P 0 g e
20D-32
Exhibit A
sessions where participants will identify their desired infrastructure and non -infrastructure solutions to
address their pedestrian and bicycle safety concerns; one (1) community open house where participants
will share/present what they've learned in the program to their fellow residents and city staff; and two (2)
engagement meetings with key city stakeholders responsible for traffic safety improvements where
participants will share their active transportation experiences, concerns, and needs.
Task 2a: Data Analysis Workshops - Conduct two (2) workshops on quantitative and/or qualitative
data collection and collision data analysis.
Task 2b: Walking and Biking Assessment - Organize one (1) community -led walking and biking
assessment or collection of pedestrian/bicycle counts.
Task 2c: Action Planning Sessions - Conduct two (2) action planning sessions. Workshops will
focus on quantitative and/or qualitative data collection and collision data analysis for walking and
biking.
Task 2d: Community Roundtable - Host one (1) community round table. The community open
house where participants will share/present what they've learned in the program to their fellow
residents and city staff.
Task 2e: Stakeholder Engagement Meetings - Conduct two (2) stakeholder engagement
meetings. Engagement meetings with key city stakeholders responsible for traffic safety
improvements where participants will share their active transportation experiences, concerns, and
needs.
Task 3: Provide community encouragement activities to support increased use of walking and
biking in the City of Santa Ana. Community encouragement activites may be in -person or virtual
to account for applicable health and safety restrictions.
Task 3a: Education and Encouragement Event - Conduct one (1) education and encouragement
events in the City of Santa Ana, based on recommendations from the "Active Transportation
Cohort."
SAAS will conduct one pop up demonstrations of an active transportation project or program and provide
safety education and encouragement of walking and biking. The project team will help facilitate logistics
and leverage partnerships to ensure successful event implementation.
Task 3b: Family Cycling Education Classes - Conduct three (3) family cycling education classes
in the City of Santa Ana. At least one (1) of these classes will be available in Spanish.
The class will merge the traditional Traffic Skills curriculum developed by the League of American
Bicyclists with the basic skills taught to youth in a bike rodeo. The target population for students is families
that seek to ride as a family and give them the confidence to begin riding a bicycle together. Riders will
learn the rules of the road for entering traffic at intersections and riding in the street. The class is designed
to increase bicyclist's safety awareness of common car/bike collisions, teach ways to prevent and avoid
crashes and collisions, and emphasize the importance of helmet use when riding a bicycle. Each
participant will receive a certificate of completion upon mastering the course. The on -bike training will
consist of a family group riding exercise where participants will have the opportunity to test their new skills
in a fun, safe, and family -friendly setting.
Task 3c: Luces Vivas Events - Conduct four (4) ILuces Vivas! Events to help encourage and
provide education for walking and riding safely at night.
ILuces Vivas! is an education and night light distribution program intended to provide education and
2 1 P a g e
20D-33
Exhibit A
encouragement for riding bikes and walking in Santa Ana safely at night. Our goal is to seek out people
riding or walking without lights for various reasons, especially those who may not have the means or time
to acquire lights on their own.
SAAS and community partners will organize iLuces Vivas! to meet for four (4) street distributions at
undisclosed locations throughout Santa Ana where night-time bicycle ridership and pedestrian activity is
expected to be high and where the City has seen a history of incidents involving bicyclists and pedestrians
at night. iLuces Vivas! members will provide bilingual education and encouragement activities to support
the safety of pedestrians and bicyclists. Additionally, cyclists who are not wearing helmets will be fitted
and provided a helmet.
SAAS will be responsible for procuring front and rear bike lights and bike helmets that meet the OTS Buy
America requirements. The number of units are reflected in the agreed upon budget. It is expected that
50-100 light sets, and/or helmets will be distributed at each event, depending on expected bicyclist and
pedestrian volume. Our goal will be to distribute all the lights and helmets allocated for each event.
3 1 P a g e
20 D-34
EXHIBIT B
Task # Task Item Quantity Unit Cost Total Cost
la
Pedestrian and Bicycle Safety Workshops
3
$4,750.00
$14,250.00
1b
Bici Basics
5
$4,100.00
$20,500.00
1c
Wrench and Ride Program
3
$4,600.00
$13,800.00
2a
Data Analysis Workshops
2
$1,800.00
$3,600.00
2b
Walking and Bike Assessment
1
$2,000.00
$2,000.00
2c
Action Planning Sessions
2
$1,600.00
$3,200.00
2d
Community Roundtable
1
$2,100.00
$2,100.00
2e
Stakeholder Engagement Meetings
2
$1,800.00
$3,600.00
3a
Education and Encouragement Event
1
$11,000.00
$11,000.00
3b
Family Cycling Education Classes
3
$3,000.00
$9,000.00
3c
Luces Vivas Events (Helmet and Light Distribution)
4
$2,300,00
$9,200,00
Materials
Bicycle Helmets
200
$10.00
$2,000.00
Bicycle Safety Equipment
1
$5,750.00
$5,750.00
TOTAL:
$100,000.00
20D-35
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
APPROVE AN APPROPRIATION
ADJUSTMENT TO CARRY FORWARD
FUNDS IN THE AMOUNT OF $275,000
AND AN AMENDMENT TO THE
CONSTRUCTION CONTRACT WITH EBS
GENERAL ENGINEERING, INC. BY
$600,000 TO PERFORM ADDITIONAL
SIDEWALK CONCRETE REPAIRS, FOR A
NEW ESTIMATED TOTAL PROJECT
DELIVERY COST OF $850,470
(PROJECT NO. 20-6970)
(GENERAL FUND AND NON -
GENERAL FUND)
/s/ Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
Recommended
❑
As Amended
❑
Ordinance on 1s' Reading
❑
Ordinance on god Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Approve an appropriation adjustment to carry forward Fiscal Year 2019-20 Special Gas Tax
funds in the amount of $275,000 in the Special Gas Tax, Prior Year Carry Forward revenue
account and appropriate the same amount to the Special Gas Tax, Contract Services -
Professional expenditure account.
2. Authorize the City Manager to amend the construction contract with EBS General
Engineering Services Inc., via change order, by an increase of $600,000, to perform
additional sidewalk concrete improvements, for a new estimated project delivery cost of
$850,470.
3. Approve a revised Project Cost Analysis increasing construction administration by $50,000
and project contingencies by $550,000, for a new estimated project delivery cost of
$850,470.
DISCUSSION
The Public Works Agency Maintenance Services Division is responsible for maintaining 400 miles
of streets and 800 miles of sidewalks located within the City of Santa Ana. Staff evaluates the
condition of damaged sidewalks, curbs, gutters, and driveways, to identify uneven surfaces and
cracks that may pose a risk to pedestrians. The goal is to improve safe walking accessibility for
pedestrians and increase active modes of transportation, such as walking and biking. Additionally,
20E-1
Amend Construction Contract with EBS General Engineering Services, Inc. for Concrete Repairs
October 6, 2020
Page 2
this reduces the potential of liability claims and assists in complying with regulations set forth by
the Americans with Disabilities Act. Procedures to mitigate these conditions include, offset
grinding, temporary asphalt ramping, and removal/replacement of damaged concrete areas.
On June 30, 2020, the City Manager authorized the award of a contract to EBS General
Engineering Services Inc. (EBS) for a concrete replacement project of various damaged sidewalks,
curbs, gutters, and driveway approaches. Prioritization of work is focused on areas with the highest
concentration of needed repairs, with the intent of providing a proportionate level of service in each
of the City's six Council wards. The most recent concrete work was completed in the Heninger
and French Park neighborhoods with upcoming projects slated for North Windsor Park, Windsor
Park, West Grove Valley, Thornton Park, Fairbridge Square, and Park Santiago neighborhoods
(Exhibit 1).
In order to deliver these additional sidewalk concrete improvements promptly, capitalize on the
existing favorable pricing of the existing contract with EBS (Project No. 20-6970), and assist the
City in meeting its annual Maintenance of Effort obligation, staff recommends increasing the
construction administration amount by $50,000 and project contingencies by $550,000 for a new
estimated project delivery cost of $850,470 (Exhibit 2). The $500,000 allocated to sidewalk
improvements during the budget process will be programmed to complete additional projects.
Following the completion of these improvements, a similar sidewalk replacement project will be
developed in accordance with the Public Works Agency, Maintenance Services Division, Omnibus
Concrete / Sidewalk Improvement Program, with a construction completion goal of Spring 2021
(Exhibit 3).
FISCAL IMPACT
Approval of the requested Appropriation Adjustment will carry forward Fiscal Year 2019-20 Special
Gas Tax funds in the amount of $275,000 in the Special Gas Tax, Prior Year Carry Forward
revenue account (No. 02917002-50001) and appropriate the same amount to the Special Gas Tax,
Contract Services -Professional expenditure account (No. 02917660-62300). Funds are budgeted
and available for expenditure as follows:
Accounting
Fund
Accounting Unit,
Fiscal Year
Unit -Account #
Description
Account Description
Amount
(Project No.)
ORIGINAL CONSTRUCTION DELIVERY COST
Roadway Maintenance,
FY 2020-21
029 17660-6
17660-62300
Special Gas Tax
Contract Services -
$250,470
Professional
ADDITIONAL FUNDS
01117626-66220
Public Works -Sidewalks,
FY 2020-21
(20-6970)
General Fund
Improvements Other
$500,000
Than Building
20E-2
Amend Construction Contract with EBS General Engineering Services, Inc. for Concrete Repairs
October 6, 2020
Page 3
02917660-62300
Roadway Maintenance,
(20-6970)
Special Gas Tax
Contract Services -
$100,000
Professional
NEW PROJECT COST
$850,470
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management
Services Agency
Submitted By: Nabil Saba, P.E., Executive Director, Public Works Agency
Exhibits: 1. Location Maps
2. Cost Analysis
3. Public Works Agency Maintenance Services Division Omnibus
Concrete/Sidewalk Improvement Program
20E-3
LOCATION MAPS
EXHIBIT 1
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20E-4
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20E-5
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20E-6
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COST ANALYSIS
PROJECT NO.20-6970: OMINUS SIDEWALK CONCRETE REPAIRS
EXPENDITURE CATEGORY
ORIGINAL
AMOUNT
CHANGE
NEW TOTAL
Construction Contract
$200,470
$200,470
Construction Administration
$9,750
$50,000
$59,750
Inspection and Testing
$15,250
$15,250
Contingencies
$25,000
$550,000
$575,000
TOTAL
$250,470
$600,000
$850,470
20E-7
_ CITY OF SANTA ANA EXHIBIT 3
r`
PUBLIC WORKS AGENCY -MAINTENANCE SERVICES DIVISION
OMNIBUS CONCRETE/SIDEWALK IMPROVEMENT PROGRAM
PROJECT SUMMARY and LOCATION
Citywide replacement of various damaged concrete sidewalks, curbs, gutters and driveways.
DESCRIPTION
The Maintenance Services Division assumed responsibility of the Omnibus Program in 2019-20. The
Program goal is to improve safe walking accessibility for pedestrians and increase active modes of
transportation, such as walking and biking.
11111.1I]I.[H.14=I11.1
The total Citywide service need is estimated at $8 million. Current funding originates from savings
of existing Division Roadway Maintenance programs funded by Gas Tax and total approximately
$200,000 annually. No additional funding source is currently available for the Omnibus Program.
Annual General Fund support is requested of $1.4 million over five years to complete all of the
existing repairs within five years as indicated in the table below. Thereafter, $500,000 is requested
annually on an on -going basis.
The absence of General Fund support would maintain the annual funding level at approximately
$200,000, derived from Division Gas Tax Operations savings, if available.
PRIORITIZATION CRITERIA I
Prioritization of work will be based on remediating highest risks and mitigating ADA safety concerns,
followed by prioritizing the highest volume of service areas in the six Council Wards with the goal of
providing a proportionate level of service improvements in each Ward annually.
If additional funding is unavailable, services will be focused in highest concentration areas only.
FUNDING SOURCE
2020-21
2021-22*
2022-23*
2023-24*
2024-25*
REQUIRED
TOTAL
General Fund*
$1,000,000
$1,500,000
$1,500,000
$1,500,000
$1,500,000
$7,000,000
Gas Tax
$200,000
$200,000
$200,000
$200,000
$200,000
$1,000,000
(Existing Funding)
TOTAL
$1,200,000
$1,700,000
$1,700,000
$1,700,000
$1,700,000
$8,000,000
*Funding approval required for future years.
20E-8
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
AWARD A PURCHASE ORDER IN AN
AMOUNT NOT TO EXCEED $407,540
TO PLUMBERS DEPOT INC. FOR
ONE COMPRESSED NATURAL GAS
JETTER TRUCK
(SPECIFICATION NO. 20-120)
(NON -GENERAL FUND)
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 sl Reading
❑ Ordinance on 2od Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CK�7►111►1�1q�iC�.
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize a one-time purchase and payment of a purchase order to Plumbers Depot Inc. for the
purchase of one compressed natural gas fetter truck, in the amount of $397,540, plus a contingency
of $10,000, for a total amount not to exceed $407,540, subject to non -substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency, Water Resources Division oversees and maintains the daily operations
of the water system and sanitary sewer system. The City's sanitary sewer system has
approximately 8,000 maintenance holes, 390 miles of sewer mains, and two lift stations. The sewer
system collects all sewage and transports it to the Orange County Sanitation District for treatment.
The Water Resources Division is in need of one jetter truck to replace an aging vehicle utilized
daily in the maintenance and repair of the sanitary sewer system. The existing vehicle is a model
year 2003 that has exceeded the Equipment Lifecycle Guidelines recommended by the City's Fleet
Services Division, who is responsible for the acquisition, maintenance, repair, and replacement of
vehicles, trucks, and maintenance equipment. Replacing this vehicle with a more reliable and
efficient vehicle is essential to ensure the continued delivery of high quality sanitary sewer services
to the customers in the City of Santa Ana.
Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts from any public
agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance),
awarded a contract to GapVax Inc., (Contract No. 122017-GPV) for procurement of sewer cleaning
and hydro -excavation equipment as a result of open competitive bidding on behalf of its members,
which includes government agencies. Plumbers Depot Inc., is the official and approved sole -source
provider of equipment, parts, and service for GapVax Inc., for all of Southern California. Utilizing
the contract awarded to GapVax Inc. allows the City to make purchases through February 20,
2022, and is in accordance with the City's existing Purchasing Guidelines.
22A-1
Award Purchase Order for a CNG Jetter Truck
October 6, 2020
Page 2
FISCAL IMPACT
Funds in the amount of $407,540 are budgeted in the Sanitary Sewer Service expense account
(No. 05617640-66400). Funds will be expended as follows:
Fiscal
Accounting
Fund
Accounting Unit,
Amount
Year
Unit -Account #
Description
Account Description
2020-21
05617640-66400
Sewer
Sanitary Sewer Service,
$407,540
Enterprise
Machinery & E ui ment
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management
Services Agency
Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency
22A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
AUTHORIZE AND EXERCISE THE FIRST
RENEWAL TERM OF THE BLANKET
PURCHASE ORDER WITH BPR, INC. FOR
SIDEWALK OFFSET GRINDING SERVICES IN
THE AMOUNT OF $240,000
(SPECIFICATION NO. 19-049)
(NON -GENERAL FUND)
/s/ Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
Recommended
❑
As Amended
❑
Ordinance on 1sl Reading
❑
Ordinance on god Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
.Ko7\lll\U1goiCo1
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager to exercise the first renewal term of the blanket purchase order with
BPR, Inc. for sidewalk offset grinding services in the amount of $240,000, for a period ending June
30, 2021, subject to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency Maintenance Services Division is responsible for maintaining City of
Santa Ana sidewalks. Staff evaluates the condition of sidewalks and identifies uneven surfaces
and cracks that may pose a risk to pedestrians, reducing the City's potential liability claims and
enabling the City to comply with regulations set forth by the American with Disabilities Act. Offset
grinding is the preferred method to repair uneven surfaces caused by underlying tree roots or soil
depressions that raise or sink sidewalk areas. The Public Works Agency performs approximately
50,000 linear feet of sidewalk offset grinding at 1,200 locations throughout the City. The Parks,
Recreation and Community Services Agency also uses this method to address trip/step hazards
at parks, the Santa Ana Zoo, Civic Center area, and within the bike trail system.
On July 1, 2019, the City awarded a purchase order contract to BPR, Inc. for sidewalk offset
grinding services in an annual amount of $240,000. The contractor has performed well and has
met City needs and expectations. The Public Works Agency is recommending to exercise the first
one-year renewal of the purchase order.
FISCAL IMPACT
Funds will be budgeted and available for expenditure as shown in the table below:
22B-1
Amend Blanket Order Contract for Sidewalk Offset Grinding Services
October 6, 2020
Page 2
Fiscal
Accounting Unit-
Fund
Accounting Unit, Account
Amount
Year
Account #
Description
Description
02917660-62300
Special Gas
Roadway Maintenance,
$200,000
Tax
Contract Services -Professional
PRCSA-Park Facilities,
2020-2021
01113250-62320
General
Maintenance & Repair Buildings
$30,000
& Ground
Civic Center
Civic Center Regular
07413250-62320
Maintenance
Maintenance, Maintenance &
$10,000
Repair Buildings & Ground
First Renewal Term
$240,000
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management
Services Agency
Submitted By: Nabil Saba, P.E., Executive Director, Public Works Agency
Lisa Rudloff, Executive Director, Parks, Recreation and Community Services
22B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
APPROVE A MASTER AGREEMENT WITH
QUALIFIED SCHOOLS TO PROVIDE
VOCATIONAL TRAINING USING FEDERAL
WORKFORCE INNOVATION AND
OPPORTUNITY ACT AND OC SOCIAL
SERVICES GRANT FUNDS FOR FY 2020-
2023 ($2,000,000)
(NON -GENERAL FUND)
/s/ Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 sl Reading
❑ Ordinance on 2od Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Authorize the City Manager to execute a master agreement, for a three-year period expiring
June 30, 2023, with a one-year option to renew, with any one of the schools listed on the State
Employment Training Provider List, to deliver occupational skills training on an as needed basis
to unemployed and low-income individuals for a total aggregate amount not to exceed
$2,000,000, payable from federal, state, and county grant funds, subject to non -substantive
changes approved by the City Manager and City Attorney.
2. Approve schools and training programs listed on the State of California's Eligible Training
Provider List to be used on an as -needed basis to provide occupational training under the
guidelines of the Workforce Innovation and Opportunity Act.
DISCUSSION
The federal Workforce Innovation and Opportunity Act (WIOA) grant is designed to help job seekers
access employment, education, training, and support services to succeed in the labor market.
Funding under WIOA is used to assist program participants in need of training to access career
training through the Eligible Training Provider List (ETPL), which is a list of state -approved schools
and their training programs. In order to be placed on the ETPL, schools must meet several rigorous
State requirements, including approval by the State Bureau for Private Post -Secondary Education,
and be accredited by the Western Accrediting Commission for Schools. A sample of the ETPL list
is attached for reference (Exhibit 1). Participants can select from the list of approved programs that
meet their needs. WIOA emphasizes informed consumer choice, job -driven training, student
completion, and employment rate, among other measurements.
The Orange County Social Services Vocational Training grant funded through the California Work
Opportunity and Responsibility to Kids (CaIWORKs) Act of 1997 provides monies for the basic
needs of families with children. An important component of CaIWORKs allows for the provision of
25A-1
Approve Master Agreement with Qualified Schools for FY 2020-2023 to Provide Training
October 6, 2020
Page 2
employment services for parents. Head of households are provided job training services, to help
families upgrade job skills with the ultimate goal of self-sufficiency.
WORK Center staff provides guidance, academic assessment, support, and motivation to eligible
program participants that seek training. Through a customer -focused approach, multiple
techniques are utilized to address solutions for a variety of barriers and assessed needs of their
customers. Using either WIOA, State of California Prison to Employment general funded grant, or
Social Services CalWORKS funding, job seekers and low-income adults are provided a voucher to
attend a vocational school on the ETPL training list.
As required by State regulations, Local Workforce Development Boards must identify eligible
schools that are qualified to receive funds to train job seekers and low-income adults. The State -
approved ETPL includes relevant performance, cost information, and is presented in a way that is
easily understood so as to maximize informed consumer choice. Adopting the ETPL will serve as
an important tool for participants seeking training, to identify all relevant information including
training in high demand occupations. Training providers are typically vocational schools, including
private trade schools, local community colleges, and non -profits. Schools will be asked to execute
an agreement with the City in order to receive student referrals (Exhibit 2). The average amount of
each training voucher issued ranges between $5,500 to $6,000, with 100-120 individuals being
served annually.
FISCAL IMPACT
Funds for these training expenditures are available in the program accounts below for anticipated
expenditure in FY 2020-21:
Fiscal
Accounting Unit-
Fund DescriptionAccounting
Unit,
Amount
Year
Account
Account Description
FY 20-21
Workforce
One Stop Adult, Payment -
(Oct. -June)
12318753-69138
Innovation &
Training Portion
$193,820
Opportunity Act
FY 20-21
Workforce
One Stop Dislocated
(Oct. -June)
12318754-69138
Innovation &
Worker, Payment -Training
$112,640
Opportunity Act
Portion
FY 20-21
12418737-69138
Orange County
SSA VT WEX, Payment-
$253,680
(Oct. -June)
Grants
Training Portion
FY 20-21
Prison to
Prison to Employment
(Oct. -June)
14418760-69138
Employment
Program, Payment-
$150,000
Program
Training Portion
Total
$710,140
The remaining $1,289,860 will be included in the appropriate program budgets for FY 2021-22 and
2022-23. The training amounts per program are estimated and subject to change.
25A-2
Approve Master Agreement with Qualified Schools for FY 2020-2023 to Provide Training
October 6, 2020
Page 3
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management
Services Agency
Submitted By: Steven A. Mendoza, Executive Director — Community Development Agency
Exhibits: 1. Eligible Training Provider List
2. Master Agreement Template
25A-3
EXHIBIT 1
Eligible Training Provider List
Name
Address
Program
Hrs/Wks
ABC Adult School
12254 Cuesta Drive
Video Media Digital Design
810/30
Cerritos, CA 90703
Cosmetology
1600/45
(Multiple)
Pharmacy Technician
874/30
Medical Assistant
952/32
Accounting Clerk
756/25
Office Assistant
720/30
IT Technician
868/30
Web Design
810/30
Administrative Assistant
900/30
GraphicMedia Design
810/30
Dental Assistant
1010/40
Medical Office and Billing Specialist
990/33
Medical Assistant
952/32
Office Assistant
720/30
Pharmarcy Technician
874/30
Cosmetology
1600/45
Azusa Pacific University
300 W. Huntington Drive.
Peri-Operative Nursing Course
168/16
Arcadia, CA 91007
Peri-Operative Nursing Course (Online)
168/16
(Multiple)
RN Refresher Course
84/8
Azusa Adult School
1134 S. Barranca Avenue
Home Care Aide(HCA)
64/4
Glendora, CA 91740
Accounting Clerk
108/18
Security Guard
40/1
Certified Nurses Assistant-CNA
120/18
Electrocardiogram (ECG) Technician
72/18
Medical Coding & Introduction to Billing
120/18
Medical Unit Clerk/Medical Secretary
216/18
Office Professional
54/18
Pharmarcy Technician
320/18
Baldwin Park Adult and
4640 N. Maine Ave.
Heating Ventilation & Air Conditioning
710/36
Community Education
Baldwin Park, CA 91706
Electrician
900/45
Barbering
1500/81
Automotive Services
1080/45
Cosmetology
1600/45
Food Service & Hospitality
912/36
Medical Assistant Administrative & Clinical
800/45
Pharmacy Technician Specialist
720/27
Bassett Adult School
943 N. Sunkist Ave
School Security SB 1626
24/1
La Puente, CA 91746
Security -Baton Permit
16/1
Security -Firearms Permit
24/1
Security -Guard Card
40/1
Advanced Private Security 600
600/15
Electrician Trainnee (State Certified) 936
936/52
Electrician Trainee (State Certified) 468
468/26
Computer Application Specialist
432/36
Medical Insurance Billing & Coding
216/18
Office Occupations
420/35
Advance Private Security
128/4
Water Technology Distribution I & Treatment 1
117/13
HVAC (Heating Ventilation and Air Conditioning)
306/17
Physical Therapy Aide
188/18
Cerritos College
11110 Alondra Blvd.
Solar PV Training
120/17
Norwalk, CA 90650
Advanced Manufacturing Fundamentals
160/6
Payroll Program
160/8
Introduction to Utility Precraft Training
40/1
Pre -Apprenticeship Program
Culinary Arts Preparation Training
125/5
Business Marketing Certicate
432/36
Small Business/Entrepreneurship Certificate
432/36
Business Administration Certicate
432/36
25A-4
EXHIBIT 1
Eligible Training Provider List
Name Address Program
Hrs/Wks
Business Management Certificate
432/36
International Business Certificate
432/36
Medical Coding
56/7
Medical Front Office
36/6
Medical Insurance Billing
56/7
Retail Management Certificate
432/36
Automotive Salesman
40/1
Chef's Training Certificate of Achievement
558/54
Electrical Field Service Technician
324/18
Professional Baking & Pastry Certificate of Achievement 345/54
Smog Technician
180/4
Supply Chain Logistics
96/3
Coastline Community College 11460 Warner Ave.
Multi -Craft Core Curriculum
124/4
Multi -Craft Core Curriculum with OSHA 30 HR
Fountain Valley, CA 92708
Construction
144/5
(Multiple)
Multi -Craft Core Curriculum (MC3)with Hazwoper40 HR.
164/5
Multi -Craft Core Curriculum (MC3) with Refinery Safety
156/5
Attendant
Advanced Core Competencies Construction Program
240/7
Core Competencies Construction
105/4
Core Competencies Construction W/Hazwoper
145/5
Revolution Pest Council Standard Tech
61/2
Revolution Pest Council Advanced Technician
206/6
Multi -Craft Core Curriculum
124/4
Multi -Craft Core Curriculum with OSHA 30 HR
Construction
144/5
Multi -Craft Core Curriculum (MC3)with Hazwoper40 HR.
164/5
Multi -Craft Core Curriculum (MC3) with Refinery Safety
156/5
Attendant
Advanced Core Competencies Construction Program
240/7
Core Competencies Construction
105/4
Core Competencies Construction W/Hazwoper
145/5
Multi -Craft Core Curriculum
124/4
Multi -Craft Core Curriculum with OSHA 30 HR
Construction
144/5
Multi -Craft Core Curriculum (MC3)with Hazwoper40 HR.
164/5
Multi -Craft Core Curriculum (MC3) with Refinery Safety
156/5
Attendant
CSU Dominguez Hills 514 N. Prospect Ave.,
Advanced Safety and Health Certificate
224/24
Redondo Beach, CA 90277
Community College Teaching Certificate
360/45
(Multiple)
Solar Panel Installation
48/3
Grant Writing and Administration
60/15
Pharmacy Technician
50/8
Medical Insurance Billing
70/14
Construction Project Management
117/30
Human Resources management
45/15
Personal FitnessTrainer
36/6
Meeting & Event Planning
48/16
Technical Writing Certificate Online
71/27
Purchasing Certificate Online
225/39
Production & Inventory Control Online
225/39
Production Management Certificate
66
Windows 2000/ Administrator
25A-5
EXHIBIT 1
Eligible Training Provider List
Name Address Program Hrs/Wks
Administrative Medical Specialist w/Medical Billing & 360/12
Coding + Medical Terminology Online
Office Online Administrator for Windows
Human Resource Management 45/15
Project Management
66/22
Construction Project Managementq
117/30
CSU Long Beach 6300 State University
Career Building Skills
32/8
Critical Thinking Problem Solving & Decision Making
College of Professional Drive Suite104
Skills
60/15
& International Education Long Beach, CA 90815
Project Management Basics
48/12
Essential Business Skills
32/8
Paralegal Certificate Course
90/14
Clinical Medical Assistant Certificate Program Online
160/26
EKG Technician Certificate Program Online
50/26
Pharmacy Technician Certificate Program Online
50/26
Revit Fundamental Certificate
42/7
Advanced Paralegal Certificate Program
270/12
Employment Law Certificate Program
50/8
Legal Investigation Certificate Program
45/7
Legal Nurse Consultant Training Program
45/7
Paralegal/Advanced Paralegal Combo
360/66
Clinical Medical Assistant Certificate Program
140/14
EKG Technician Certificate Program
50/8
Electronic Health Record Management Certificate Online
95/12
Medical Coding Certificate Program
237/21
Emergency Medical Technician Certificate Program
184/17
Marine Terminal Operations Professional
106/19
CATIA V5 Fundamentals Bootcamp Certificate
70/6
Engineering and Architectural Autocad Certificate-
56/7
Teaching English as A Foreign Language(TEFL)
160/8
Certificate
Human Resources Management Certificate
45/15
Global Logistics Specialist Professional Designation
121/21
Basic Applied Forensic Science and Crime Analysis
64/8
CSU Los Angeles 5151 State Univeristy Dr.
Medical Billing and Coding
80/15
801 S. Grand Avenue 6th Floor
Medical Billing & Coding
80/15
Los Angeles, CA 90017
Paralegal Studies
288/32
Pharmacy Technician
50/8
Project Management
48/16
CSU Pomona Foundation,lnc. 3801 W. Temple Ave., Bkdg. 55 CCBA Certification Training 35/26
Pomona, CA 91768 Certified Green Supply Chain Professional 60/56
(Multiple) Microsoft Excel 2016 Certification Training 70/26
Advanced Coding for the Physician's Office 100/26
Advanced Hospital Coding & CCS Prep Voucher Included 100/26
CBCS Medical Billing & Coding (Voucher Included)
340/52
Certified Medical Admin. Assistant (CMAA)
150/26
CPC Cerifed Medical Admin. Asst. Billing & Coding
500/52
CBCS Certified Medical Admin. Assist. w/ Medical Billing
& Coding
500/52
Certified Quality Improvement Assoc. (CQIA)
25/26
Six Sigma Yellow Belt
25/26
Pole Loading with SPIDA Calc
24/6
Certified Electronic Health Records Specialist (CEHRS) 134/26
Certified Electronic Health Records Specialist + Medical
Terminology 194/26
CPC Medical Billing and Coding (Voucher Included) 194/52
25A-6
EXHIBIT 1
Eligible Training Provider List
Name Address Program Hrs/Wks
Certified Outpatient Coder (Voucher Included) 200/26
Certified Professional Medical Auditor (Voucher Included) 80/26
Certified Health Unit Coordinator (Voucher Included)
120/26
Certified Clinical Medical Assist. for the Experienced
320/52
Certified Clinical Medical Assist. (CCMA)(Voucher
Included)
540/52
Certified Clinical Medical Asst. & Cert. Electronic Health
Records
674/52
Certified Medical Admin. Assist. w/Certified Health
Records
354/52
Certified Outpatient Coder
200/26
Medical Office Manager(CPPM) Voucher Included
555/78
CCA Medical Billing & Coding (Voucher Inccuded)
340/52
CCA Cert. Med. Admin, Assist. w/Medical Billing & Coding 500/52
Lean Six Sigma Yellow Belt (Exam Cost Inc.) 10/13
Microsoft Access 2016 Cert. Training 90/26
Microsoft Access 2016 Cert. Training (Voucher Included)
90/26
Microsoft Excel 2016 Certification Training (Voucher
Included
70/26
Advanced Construction Management
75/30
Certified Associate Project Manager
24/6
Plastics Engineering Certificate
40/30
Sustainable Agriculture
270/6
Construction Management
150/60
Project Management: Online
40/30
Plastics Engineering Certificate
48/30
Plastisc Engineering Certificate
48/30
Downey Adult School 12340 Woodruff Avenue Advanced Private Security Academy
80/2
Downey, CA 90241 Medical Assistant -Front & Back Office (Hybrid)
660/26
Patient Navigator
45/3
Medical Assistant and Phlebotomy
700/32
Emergency Medical Technician (EMT)
194/24
Paralegal/Legal Assistant- Online
624/48
EKG/Electrocardiogram Technician
50/9
Clinical Medical Assistant
660/30
Phlebotomy Technician
120/10
Vocational Nursing
1536/48
Massage Therapy
600/32
Dental Assistant
800/40
Fashion and Beauty Makeup
330/15
Food Services & Hospitality/
487.5/15
Restaurant Occupations
Medical Biller/ Coder
660/26
VESL Medical Assistant
900/30
Computerized Accounting Clerk
350/28
Computer Operator/ Software Applications
520/42
Data Entry Clerk
205/28
General Office Clerk
514/15
Receptionist
175/14
Word Processor
425/28
Secretary
425/42
Medical Secretary
665/42
Nurse Assistant
250/18
Cosmetologist
1600/43
Medical Assistant Front Office Clerk
856/25
Clinical Medical Assistant Front/ Back Office
660/32
Administrative Assistant
1028/30
25A-7
EXHIBIT 1
Eligible Training Provider List
Name
Address
Program
Hrs/Wks
Accounting/ Bookkeeping
685/20
Pharmacy Technician
620/32
East Los Angeles College
1301 Avenida Cesar Chavez
Technology & Logistics Certificate of Achievement
480/52
Monterey Park, CA 91754
Logistics Material Handling Certification Skills Certificate
220/9
Technology & Logistics Skills Cert. Level 2-Advanced
Level
340/18
Technology & Logistics Skills Cert. Level 1 Beginning
Level
220/9
Technology & Logistics Associate Degree
1200/104
East San Gabriel Valley
1501 W. Del Norte Street
HVAC Technician -Long Term
900/30
Regional Occupational
West Covina, CA 91790
Small Business Applications Online
48/12
Program
Fundamentals of Design Online
48/12
Fundamentals of Building Maintenance
48/12
Fundamentals of Auto Repair
48/12
Administrative Assistant
900/38
Medical Insurance Billing & Coding
900/38
Pre Apprenticeship Training Program
48/2
Pharmacy Technician 900/30
Emergency Medical Technician Core 465/16
HVAC 165/9
Nurse Asst. Pre-Certification/Home Health Aide/Acute
Care 600/20
Nurse Assistant (CNA)-Short term
360/12
Emergency Medical Technician
600/20
Medical Assistant
900/30
Child Development
900/45
Electrical Training Institute
6023 S. Garfield Avenue
Pre Apprenticeship Preparation
88/2
Commerce, CA 90040
El Monte- Rosemead
10807 Ramona Blvd.
Machinist
444/18
Adult School
El Monte, CA 91731
Medical Billing & Coding Cohort
396/28
Pharmacy Technician Cohort
1132/18
Physical Therapy Aide
382/28
Medical Assistant Cohort
852/36
Accounting Clerk Cohort
468/28
Administrative Assistant Cohort
360/18
Financial Clerk Cohort
300/18
General Office Clerk
396/9
Construction Worker
540/28
Custodial Maintenance
324/28
Electrician (Residential)
540/38
Electrician (Commercial)
540/38
El Rancho Adult Education
9515 Haney Street
Administrative Assistant
944/63
Center
Pico Rivera, CA 90660
Administrative Clerk
675/45
Office Clerk Entry Level
405/27
Hacienda La Puente
14101 E. Nelson Ave.
Chef /Culinary 1:Introduction to the Culinary Arts
360/12
Adult Education
La Puente, CA 91746
Chef /Culinary 2: Garde Manager
240/8
Chef /Culinary 3;13aking & Pastry
330/11
Chef /Culinary 4: International and American Regional
360/12
Heating Ventilation & Air Conditioning HVAC
540/36
Water Technician 2-Treatment
150/12
Pest Control -Revolution Pest Technician
160/4
Certificated Nurse Assistant (CNA) Accelerated
320/10
Building and Grounds Foundationals
60/4
Caregiver Certification
70/6
Gas Metal Arc Welder (GMAW/MIG)
540/18
Major Appliance Servicer-Washer/Dryer Repair
288/20
Pharmacy Clerk
80/9
Security Guard -Advanced Private Security (Comp)
120/4
Security Guard -Baton
16/1
25A-8
EXHIBIT 1
Eligible Training Provider List
Name Address Program
Hrs/Wks
Heat and Frost Insulator
198/6
Accounting Clerk Computerized Bookkeeper
380/18
Childcare/Teacher Aide/Preschool Teacher
744/36
Medical Secretary Ward Clerk
144/18
Security Guard -Guard Card
40/1
Security Gurad-Firearm
24/1
Water Technology Distribution
150/12
Electrician Trainee Program
468/26
School Security SB + 626-Security
24/1
Adminstrative Assistant/Computer Applications Specialist 1080/36
Chef/ Culinary Speicalist
1080/36
Pharmacy Technician
576/36
Automotive Service Technician (ASE Prep)
1080/36
General Office Clerk Basic Computer Application
1080/36
Child Care/ Day Care Worker
600/18
Automotive Exhaust Emission (SMOG) Technician
900/42
Combination Welder
1080/36
Medical Insurance Billing/ Coding Specialist
177/18
Cosmetologist
1600/54
Computer Repair & Networking
1080/36
Major Electrical Appliance Service Comprehensive
500/36
Accounting Clerk/Bookkeeping/Comp Acctg
(Comprehensive)
900/36
Optical Dispensing Technician
250/18
Psychiatric Technician
1576/48
Vocational Nurse (LVN)
1530/48
Dental Assistant
1170/36
Medical Assistant/ Front Office & Back Office
1080/36
Certified Nurse Assistant HHA/ Acute Care
440/18
Certificate Nurse Assistant (CNA)
480/24
Barber/ Stylist
1500/53
Esthetician
1080/36
La Puente Valley ROP 18501 E. Gale Ave Suite 100
Certified Nurse Assistant
250/10
City of Industry, CA 91748
Certified Nurse Assistant Acute
96/12
Computerized Accounting
360/40
Emergency Medical Technician
165/20
Forensic Science Academy
362/18
Forensic Science1
108/18
Microsoft Certified Applications Specialist
180/20
Medical Assistant
380/24
Restorative Aide/ Physical Therapy Aide
195/18
Public Safety Services/ Protective Service
40/3
Occupations
Los Angeles Southwest 1600 W. Imperial Highway
Construction and Maintenance(Hire LAX)
240/8
College Los Angeles, CA 90047
Phlebotomy Technician 1
136/7
Los Angeles Trade Technical 400 W. Washington Blvd.
Green Industry Portfolio Manager and Portal Support
90/5
College Los Angeles, CA 90015
Green & Sustainable Building Certificate
24/2
(Multiple)
Multi -Craft Core Curriculum (MC3)
124/12
Multi -Craft Core (MC3)-Hazwoper
164/14
Multi -Craft Core Curriculum (MC3) OSHA 30 Contruction 144/12
Microsoft Office & Customer Service
86/18
Advanced Drone Operator/Unmanned Aerial
48/8
Vehicles (UAV) Training
Introduction to Drones/Unmanned Aerial Vehicles (UAV)
36/6
Automotive Salesman
40/8
Automotive Technician
400/50
Banking & Finance Bank Operation
300/12
25A-9
EXHIBIT 1
Eligible Training Provider List
Name Address
Program
Hrs/Wks
Business Management
200/8
Business Office Administration
80/10
Commercial Truck Driver
200/8
Computer Repair (A+)
160/16
Construction Worker
450/18
Customer Service
36/12
Insurance -Financial Planning & Accounting
600/24
Introduction to Quicken
50/10
Machinist
375/15
Medical Billing
60/12
Medical Coding
1050/42
Microsoft Office
50/10
Retail Sales Associate
80/20
Safe & Secure Environment Assessor
80/20
Culinary Arts/Hospitality/Food & Beverage Service
450/64
Biotechnology Program
466/31
Process Plant Technology
466/62
Chemical Technology
1116/62
Culinary Training
184/10
Los Angeles Unified 1646 S. Olive Street
Accounting Clerk Certificate
630/21
School District Los Angeles, CA 90015
Accounting Clerk Certificate
480/16
(LAUSD-Division of Adult (Multiple)
Accounting Clerk Certificate
570/21
and Career Education)
Accounting Clerk Core
300/30
Accounting Clerk Core
300/20
Accounting Clerk Specialist
720/36
Accounting Technician
300/30
Administrative Assistant 1
90/4
Air Conditioning Technician Trainee
540/18
Air Conditioning Technician Trainee
720/36
Air Conditioning Technician Trainee
540/22
Aircraft Mechanics
2442/75
Apprenticeship Preparation/MC3
240/12
Assistant/Medical Terminology
260/16
Auto Body Repair Technician
1080/45
Automobile Mechanic Fundamentals
180/6
Automobile Mechanic/ Fundamentals
180/9
Automotibe Brakes Specialist
360/20
Automotive Engine Repair
360/20
Automotive Technician
180/13
Automotive Technician Brakes and Supension
540/27
Automotive Technician Comprehensive
1440/42
Automotive Technician Comprehensive
1440/52
Automotive Technician Electrical & Electronics
540/27
Automotive Technician Emmissions Control
270/9
Automotive Technician Trainee
540/18
Automotive Technician Trainee
180/6
Automotive Technician Trainee
540/27
Automotive TechnicianTrainee
720/36
Automotive Technology
180/12
Barber
1500/52
Barbering
1500/75
Building & Grounds Worker Fundamentals
60/6
Child Day Care Worker
270/14
Child Day Care Worker
270/10
Combination Welding Trainee
540/18
Combination Welding Trainee
540/27
Commerical Painters
80/2
Computer Operations 1
90/5
Computer Operations 1
90/9
Computer Operations 1 & 2
180/18
25A-10
EXHIBIT 1
Eligible Training Provider List
Name Address Program
Hrs/Wks
Computer Operations 1 & 2
180/9
Computer Operations Clerk
270/20
Computer Operator Clerk
270/9
Computer Operator Clerk
270/14
Computer Operator Clerk
270/9
Computer Operator Clerk
270/20
Computer Operator Clerk & Keyboarding 1
330/20
Computer Operator Clerk with Keyboarding
370/15
Computer Operator Clerk with Keyboarding
370/18
Computer Operator Specialist
450/15
Computer Technician
540/18
Computer Technician
660/33
Construction Work
540/18
Construction Work for Carpenters
180/6
Construction Work: We Build
540/18
Construction Worker
540/22
Constuction Work for Laborers
180/6
Cosmetology
1600/55
Cosmetology
1600/54
Cosmetology Specialist
60/4
Culinary Art: Servsafe Management
20/2
Culinary Art -Chef Assistant
630/15
Culinary Arts: Chef Assistant
630/22
Custodial Building & Grounds Fundamentals
60/6
Custodial/Building & Grounds
60/12
Custodial/Building and Grounds
60/5
Custodial/Building and Grounds
60/6
Dental Assistant
540/20
Diesel Mechanics
540/20
Drywall Finisher
80/2
Early Childhood Education
360/12
Early Childhood Education Assistant
600/30
Electrical Powerline Machanic
610/21
Electrician General (State Certified)
1200/40
Electrician Training Program (Residential)
480/24
Electrician Training Program (Residential) State Certified
480/20
Electrician Training Program (Residential)State Certified 480/18
Electrician Training Program (State Certificate)
1200/40
Emergency Medical Technician
170/18
EMT First Responder
250/14
Front End Automotive Mechanic
360/18
FTI, DC 36 Veterans & Industrial Apprenticeship Prep
Course
80/2
Graphic Designer: Advertising Design
540/18
Graphic Designer: Advertising Design
720/18
Graphic Designer,Advertising Design
720/36
Health Information Technology
450/23
Healthcare Administration
360/24
Home Health Aide
40/2
Hospital Maintenance Technician
200/22
HVAC/R Technician Trainee
780/26
IT Support Technician Trainee
960/48
Machinist
540/27
Maintenance Supervisor
180/18
Master Mechanic Technician Trainee
1620/48
MC3 Construction
540/15
Medical Assistant
500/20
Medical Assistant
500/17
25A-11
Eligible Training Provider List
Name Address Program
Hrs/Wks
Medical Assistant and Health Information Technology
590/26
Medical Biller
360/38
Medical Coder
540/56
Medical Office Assistant
540/27
Medical Office Assistant
540/18
Medical Office Assistant
450/15
Medical Office Clerk
270/14
Medical Record/Health Information Technician(Biller)
360/30
Medical Records Insurance Biller
810/41
Medical Records Insurance Biller
810/27
Medical Records/Health Information Technician (Coder) 540/48
Medical Secretary/Medical Front Office Assistant
360/10
Medical Secretary/Medical Front Office Assistant
360/20
Microsoft Office Specialist: Microsoft Word
90/4
Mobile Electronics Technician
180/6
Network Control Operator
600/30
Network Technician
360/18
Nurse Assistant/Long Term Care & Home Health Aide 210/15
Nursing Assistant 300/12
Nursing Asst. Home/Health Aide, & Medical Terminology 300/13
Office Assistant
450/15
Office Assistant
600/20
Office Assistant
550/28
Office Assistant Clerk
270/14
Office Technician
270/9
Pharmacy Technician
540/17
Pharmacy Technician
540/20
Pharmacy Technician
540/18
Photovoltaic Installer
360/12
Physical Therapy Aide
180/20
Plumbing
360/30
Plumbing
360/9
Radiologic Technologist
1550/52
Refrigeration Technician Trainee
240/8
Security Office 1
40/3
Security Office Trainee
90/6
Security Officer 1
40/5
Security Officer Trainee
90/10
Security Officer Trainee
40/4
Solar Thermal Technician
120/13
Tele and Marble Setter
270/27
Tile Layering
270/14
Transmission Technician Trainee
360/12
Video Production 1
90/12
Video Production Assistant
279/30
Video Production Assistant
270/34
Vocational Nursing
1530/40
X-Ray Technician
1355/45
Los Angeles Valley College 5800 Fulton Avenue BioTech Training Academy
200/7
Valley Glen, CA 91401 Customer Service Specialist with employability Skills
185/10
Human Resource Assistant Academy
84/17
Legal Secretary Academy
66/11
Professional Paralegal Academy
420/42
Manufacturing Academy
225/6
Computer Office Applications and Vocational ESL
240/8
Microsoft Academy
165/8
Customer Service Specialist
135/7
25A-12
EXHIBIT 1
Eligible Training Provider List
Name Address Program Hrs/Wks
Accelerated Customer Service 75/3
Representative
Customer Service Rep II 75/3
Electronics Technician Certificate 440/52
Fire Technology Cetifcate of Achievement 540/52
Numerical Control Certificate 620/78
Bookkeeping Option
Human Resource Option
Secretary Option
Technician
Design Certificate
with ABE
with GED
Handling Certificate and ABE
Loyola Marymount-University 1 LMU Drive, #1863 Cert. Clinical Medical Assistant (CCMA) Voucher
640/52
LMU Extension Los Angeles, CA 90045 Microsoft Access 2013 Certification Training
90/26
Microsoft Access 2019 Certification Training
90/26
Microsoft Excel 2016 Certification Training Voucher
Included
70/26
Microsoft Office 2013 Master
245/26
Optical Manager
410/12
Peer Specialist for Veterans
80/6
Behaverial Health Practioner
170/24
Certificate in Family Mediation Online
240/26
Certified Administrative Professional with Microsoft Office
Online
425/52
Certified Clinical Medical Assistant (CCMA)+ Certified
Elect
674/52
Certified Family Mediator Online
200/26
Certified Medical Administrative Assistant with Certified
354/52
ElectronicHealth Records Specialist + Medical
Terminology
(Voucher Included) Online
Certified Medical Transcriptionist (Voucher Included)
Online
195/52
Certified Pharmaceutical Sales Representative Online
110/26
(Exam Included -Online)
Certified Residential Interior Design Online
120/26
Certified Six Sigma Green Belt (Exam Cost Included)
Online
120/26
CompTIA A+ Certification Training (Voucher Inlcuded)
Online
290/26
CompTIA A+ Advanced Security Practitioner (GASP)
Online
50/26
CompTIA A+ with ITIL Foundation (Voucher Included)
Online
310/9
CompTIA A+ Certification Training A+ Network+ Online 490/52
CompTIA Certification Training:A+ Network +,Security+
Online
480/52
CompTIA Cloud+ Certification Training Voucher Inlcluded
Online
75/26
CompTIA Linux+ & Unix Training (Voucher Included)
Online
130/26
CompTIA Network+ Certification Training (Voucher
Included)Online
110/26
CompTIA Project+ (Voucher Inlcuded) Online
100/26
CompTIA Security+ Certification Training (Voucher
Included) Online
80/26
25A-13
Eligible Training Provider List
Name Address Program
Hrs/Wks
Court Interpreter (Spanish/English) Online
200/52
CPC Certified Medical Administrative with Medical Billing
and
500/26
Coding (Voucher Included) Online
CPC Medical Billing and Coding (Voucher Inlcuded
)Online
340/52
Dental Office Manager Online
410/52
Federal Court Interpreter Online
200/39
Forensic Computer Examiner
80/52
Full Stack Software Developer
600/56
Grant Writing + Non -Profit Management
600/52
Hotel Management Online
100/26
Information Security Master Certification Training Online
330/52
Information Security Training (Voucher Included) Online
300/52
IT Security Survival Training (Voucher Included) Online 225/52
ITIL Capability Expert (Voucher Included) Online
150/52
ITIL Lifecycle Expert Online
150/52
Legal Secretary Online
350/52
Management for IT Professionals
390/26
Mastering Project Management with Microsoft Project
210/26
Medical Interpreter (Spanish/English) Online
200/52
Microsoft Access 2016 Certification Training (Voucher
Inluded)Online
90/26
Microsoft Excel 2016 Certification Training
70/26
Microsoft Office Specialist 2016 (MOS) Certification
335/26
(Voucher Included) Online
Microsoft Office Specialist 2016 (MOS) Certification
Online
335/26
Mobile and Desktop Web Developer/Responsive Web
Online
480/52
NCSF Certified Strength Coach Online
70/26
OMCA Content Marketing Associate (Voucher Included)
Online
105/26
OMCA Conversion Optimization Associate (Voucher
Included)Online
60/26
OMCA Display Advertising Associate (Voucher Included)
60/26
OMCA E-Mail Marketing Associate (Voucher Included)
Online
70/26
OMCA Mobile Marketing Associate (Voucher Included)
Online
105/26
OMCA PPC Associate (Voucher Included) Online
110/26
OMCA SEO Associate (Voucher Included) Online
110/26
OMCA Social Media Associate (Voucher Included) Online 110/26
OMCA Web Analytics Associate (Voucher Included)
Online
145/26
OMCP Digital Analytics and Conversion Professional
Online
200/52
OMCP Email Marketing and Automation Professional
Online
150/52
OMCP Paid Search Professional (Voucher Included)
180/39
OMCP Search Marketing Professional (Voucher Included)
Online
180/39
OMCP Social and Mobile Marketing Professional Online 190/53
Paralegal Online 300/52
25A-14
Eligible Training Provider List
Name Address Program Hrs/Wks
Peer Support Specialist Online 40/13
Process Technician 165/52
Professional Bookkeeping with Quickbooks 2017 Online 120/26
Professional Bookkeeping with Quickbooks 2018 Online 120/26
Professional Interpreter Online
40/26
Professional Recovery Coach Online
60/26
Robotics Technician Online
155/52
Senior Certified Sustainability Professional Online
110/52
Solar Power Professional Online
120/13
Wind Energy Professional Online
120/13
Microsoft Office 2016 Master Certification Training
245/26
Voucher Included
Microsoft Office Specialist 2016 Voucher Included
335/26
NASM Certified Personal Trainer & Exam Prep
80/26
Voucher Included Online
NCSF Sports Nutrition Specialist Voucher Included
70/26
CBCS Medical Billing & Coding (Voucher Included) Online 340/52
Certificate in Mediation & Arbitration Online
200/26
Certified Mediation & Restorative Justice Practitioner
240/26
Chartered Tax Professinal for California Resident
Program Only Prep
200/52
CBCS Certified Medical Administrative Assistant
500/52
with Medical Billing & Coding Online
Certified Workplace Mediation Online
200/26
Child Development Associate Training Renewal Online 45/26
Fitness Business Management Online 200/26
Multimedia Arts Certificate 360/52
Project Management Essentials with CAPM Prep 100/26
Certified National Pharmaceutical Representative Online 90/26
Home Inspection Certificate Online
200/52
Human Resources Management Online
42/12
Human Resources Professional Online
120/26
Microsoft Office 2016 Certification Training Online
245/26
Physical Therapy Aide Online
150/26
Optician Certification Online
150/26
Certified Global Business Professional Online
160/52
Certified Green Supply Chain Professional Online
60/56
Certified Indoor Air Quality Manager Online
16/26
Certified Indoor Environmentalist Online
32/26
Certified Protection Officer Online
50/26
Child Development Associate Online
120/26
Clinical Dental Assistant Online
240/26
Digital Arts Certificate Online
360/52
Entrepreneurship Start-up & Business owner
Management Online
360/26
Event Management & Design Online
300/26
Grant Writing Online
300/26
Human Resources Management Cert.
42/12
Marketing Design Certification Online
360/52
Non -Profit Management Online
300/26
Nutrition for Optimal Health Wellness & Sport Online
200/26
Paralegal Voucher Included
300/52
Payroll Practice & Management Online
100/26
Purchasing & Supply Chain Management Online
300/26
Records Management Certificate Online
180/26
25A-15
EXHIBIT 1
Eligible Training Provider List
Name Address
Program
Hrs/Wks
Veterinary Assistant Online
225/26
Web Applications Developer Online
380/52
Web Design Professional Online
330/52
Webmaster Online
150/26
Alcohol and Drug Counseling
325/104
Administrative Dental Assistant Online
150/26
Certified Bookkeeper Online 2016
140/26
Microsoft Office Specialist 2016 Online
335/26
Pharmacy Technician Online (Voucher Included)
400/52
Technical Writing Online
80/26
Monrovia Community 920 S. Mountain Avenue
Independent Home Care Aide
84/3
Adult School Monrovia, CA 91016
Security Officer
40/1
SecurityOfficer-Armed
80/2
A+ Certification/Introduction to Cybersecurity
135/15
Clinical Medical Assisting- Back Office/Front Office
408/17
Computer Application- Office Occupations
384/16
Nurse Assisting Pre -Certification (CNA)
240/10
Pharmacy Technician
438/18
Construction
320/16
Automotive Maintenance& Light Repair ASE Pre
Certification
352/16
Montebello Community 149 N. 21st Street
Certified Nursing Assistant
160/9
Adult School Montebello, CA 90640
Personal Care Aide
80/8
Security Officer Training
160/8
Mount Saint Mary's University 11301 Wilshire Blvd.
Peri-Operative Training Course for Registered Nurses
352/10
Los Angeles, CA 90073
Mt. San Antonio 1100 North Grand Avenue Bldg. 40
Appliance Repair
168/6
College Room 109
Basic Tools/Field Service Fundamentals
50/4
Walnut, CA 91789
Electronics Systems Technology
288/18
General Office Skills
108/9
Advanced Manufacturing & Electrical Systems
400/10
Building Automation System
688/44
Administrative Assistant Level II
256/38
Alcohol and Drug Couseling
688/76
Business -Human Resources Level 1
144/16
Business -Human Resources Level 11
432/48
Computer & Networking Technology Level 1
686/76
Computer & Networking Technology Level 11
864/76
Computer Systems Technology
448/64
Fire Technology
896/116
In Home Support Services
120/6
Welding:Gas Tungsten ARC Welding
480/64
Welding:Semiautomatic ARC Welding
480/64
Administrative Assistant Level 111
616/60
Payroll & Tax Accounting
90/10
Emergency Medical Technician
219/27
Physical Therapy Aide
112/16
Psychiatric Technician
1160/88
Water Technology
260/32
Accounting
108/8
Air Conditioning & Refrigeration
600/64
Computerized Office Technology
480/24
Administrative Assistant Level 1
256/48
Certified Nursing Assistant
166/9
Welding
432/64
Business Human Resources Level III
528/60
Norwalk -La Mirada 15711 Pioneer Blvd
Accounting Clerk
528/26
Adult School Norwalk, CA 90650
Administrative Assistant
528/26
Medical Front Office/Billing Clerk
386/20
Medical Transcriber
386/20
25A-16
EXHIBIT 1
Eligible Training Provider List
Name Address
Program
Hrs/Wks
Office Assistant
421/21
Real Estate Sales Person
150/18
Preschool/Childcare Professions Cert. Program
216/36
CNA Nurse Assistant Pre-Cert
292/12
Surgical Technician
1250/70
Dental Assistant
408/25
Welding Metal Fabrication
126/18
Medical Assistant Administrative & Clinical
528/26
Medical Billing and Coding
252/36
Pharmacy Technician
880/47
Pasadena Bioscience 2265 E. Foothill Blvd.
Biological Training Technician
200/10
Collaborative Pasadena, CA 91107
Chemical Technician Training
200/10
Pasadena City College 1570 East Colorado Blvd
BIT -Administrative Assistant
608/72
Pasadena, CA 91106
BIT -Business Information Worker
608/72
BIT -Business Software Specialist
608/72
BIT -Office Assistant
608/72
Emergency Medical Technician
192/16
Certified Nurse Assistant
192/6
Rio Hondo Community 3600 Workman Mill Road
Fuel Injections Systems
768/43
College Whittier, CA 90601
Engine Repair
672/43
Electric Vehicle and Fuel Cell Technology
720/43
Computerized Accounting Systems Certificate of
288/36
Achievement
Income Tax Preparer Certificate of Skill Proficiency
144/15
Accounting in Government & Nonprofit Organizations
288/36
General Serivice Technician Cert.
648/32
Welding Technology Certificate
648/32
Alternative Energy Technology
360/40
San Antonio ROP 1515 W. Mission Blvd.
CLGP Solar PV Installer
40/8
Pomona, CA 91766
Solar PV Practical Electronic Assembly
40/8
CNA/Home Health Aide
202/8
Certified Nurse Assistant
162/6
Homw Health Aide
40/1
Emergency Medical Technician
300/16
Security Training Academy
120/5
Santa Monica Community 1900 Pico Blvd.
Medical Administrative Assistant with Externship
90/10
College District Santa Monica, CA 90405
Certified Customer Service Professional
100/5
with Computer Skills
Digital Marketing Certified Assocaite
100/5
Drone Pilot Training (RPIC) Certification
160/16
Webmaster & Designer Program
160/8
Medical Administrative Assistant
50/4
Computer Skills from A-Z
27/3
Social Media Marketing Practitioner
75/12
Customer Service Academy
80/10
Recycling and Resource Management
192/16
Solar and Photovoltaic Installation Certificate
192/16
Entertainment Promotion & Marketing Production
400/52
SEO Practitioner Certification
70/26
Web Analytics Practitioner Certification
70/12
SEO & Web Analytics Practitioner Certication
120/26
SEO & Social Media Marketing Practitioner Certification 115/26
Social Media & SEC, Optimization Practitioner Certification 115/26
Social Media & Web Analytics Practitioner Certification 110/26
Phlebotomy Certification 48/6
Tri-Cities ROP 10800 Benavon St. Nurse Assistant Pre -Certification 210/10
Whittier, CA 90606 Dental Assisting 420/18
25A-17
Eligible Training Provider List
Name
Address
Hrs/Wks
Covina, CA 91722
Business/Microsoft Office
72/24
(Multiple)
Combination Welder Training
468/24
Twilight Adult Education
1135 S. Euclid Ave.
Construction
256/16
School
Pasadena, CA 91106
Customer Service
288/16
Forestry Service/Environmental Science
424/20
Independent Home Care Aide
80/5
Phlebotomy Technician I (CPT- 1)
168/8
Security Services
40/1
UC Irvine
P.O Box 6050
Project Management Online
120/47
Continuing Eduation
Irvine, CA92616
Digital Marketing
160/47
Business Intelligence & Data Warehousing
90/47
Business Administration -(Online)
1205/47
Clinical Trails: Medical Device & Drug Development
160/47
Contract Management
160/47
Data Science
150/47
Database Management
150/47
Digital Marketing & Communication Online
120/47
E-Learning Instructional Design
150/47
Environmental Management
150/47
Facilities Management
180/47
Human Resource Management
250/47
Independent Education Consultant
150/47
Medical Product Development
150/47
Organizational Leadership & Communication
175/47
Paralegal
300/47
Personal Financial Planning
315/47
Predictive Analytics
160/47
Project Management
120/47
Real Estate Licensure
135/47
Regulatory Affairs & Compliance
150/47
Supply Chain Management
160/47
Web Design
120/47
Business Analyst
120/47
UCLA Extension
1145 Gayley Ave.
Data Science Standard
132/44
Los Angeles, CA 90024
Data Science Intensive
90/10
(Multiple)
Certificate in Biotechnology Engineering Hybrid
198/33
Certificate in Cyber Security Hybrid
132/33
Certificate in Medical Devise Engineering
198/44
Certificate in Legal Interpretation and Translation,
248/52
Chinese/ English Hybrid
Certificate in Legal Interpretation and Translation,
263/52
Spanish/ English Hybrid
Certificate in International Trade and Commerce Hybrid
300/52
Certificate in Paralegal Studies
300/52
Certificate in Systems Analysis Hybrid
264/55
Certificate in Advanced Plumbing Systems Design Hybrid
231/55
Certificate in Applications Programming Hybrid
266/52
Certificate in Applications Programming w/ concentration 264/55
in C#.Net Hybrid
Certificate in Business and Management of
300/59
Entertainment Hybrid
Certificate in Business Fundamentals Hybrid
324/52
Certificate in Communication Systems Hybrid
165/44
Certificate in Costruction Management Hybrid
264/55
Certificate in Database Management Hybrid
264/55
25A-18
Eligible Training Provider List
Name Address Program Hrs/Wks
Certificate in Digital Signal Processing Hybrid 165/44
Certificate in Contract Management Hybrid 198/44
Certificate in Government Cost Estimating & Pricing
Hybrid 198/72
Certificate in Information Technology Management Hybrid 266/104
Certificate in Interior Design: Foundation Level Hybrid 683/104
Certificate in Linux/Unix
165/44
Certificate in the Music Business Hybrid
333/52
Certificate in Operating System Administration Hybrid
264/55
Certificate in Personal Financial Planning Hybrid
288/52
Certificate in Project Management Hybrid
200/52
Certificate in Real Estate
317/52
Certificate in Recycling and Solid
198/44
Waste Management Hybrid
Certificate in Supply Chain Management Hybrid
266/104
Certificate in Sequential Programming in Web
198/44
Technology Hybrid
Certificate in Marketing w/ Concentration in Social
249/54
Digital Marketing Hybrid
Certificate in Real Estate Hybrid
317/52
Certificate in Sustainability Hybrid
180/33
Certificate in Lean Six Sigma Sequential Program Hybrid
99/36
Certificate in Marketing Hybrid
198/52
Data Science Standard
132/44
Data Science Intensive
90/10
University of LaVerne 3237 Guasti Road Agile Certified Practitioner Program
32/4
Ontario, CA 91761 Amazon Web Services (AWS) Cloud Computing
82/16
(Multiple) Amazon Web Services (AWS) Cloud Computing
60/8
APICS Certified in Logistics, Transportation & Distribution
64/6
APICS Certified in Production & Inventory Management 94/11
Big Data & Hadoop Administrator
32/2
Big Data & Hadoop Developer
32/2
Certicate in Contruction Management
27/9
Certifcate in Digital Marketing
32/1
Certificate in Contruction Management
27/9
Certificate in Digital Marketing
32/1
Certificate in Marketing Strategy
32/1
Certified Administrative Professional (CAP) Program
32/2
Certified Professional Biller (CPB) Medical Billing
115/10
Certified Supply Chain Professional (CSCP) Program
60/5
Essentials of Project Management
39/8
Event and Wedding Planning Certificate Program
42/12
Lean Six Sigma Black Belt
69/2
Lean Six Sigma Green Belt Certification
24/1
Lean Six Sigma Green Belt with Leadship
40/2
Marketing Analy[ics Certificate Program
16/1
Medical Coding (CPC) Ceritficate Program
115/10
Project Management Professional (PMP) with Agile
Certified
68/8
Project Management Professional Certicate Program
36/4
Project Management Professional Certificate Program
36/1
Project Management with Lean Six Sigma Green Belt
Combo Cert.
60/3
Risk Management Professional (PMI-RMP)
32/4
SHRM California Law HR Specialty Credential
25/2
SHRM Certificate in Human Resource Management
40/13
25A-19
EXHIBIT 1
Eligible Training Provider List
Name Address Program Hrs/Wks
SHRM Essentials of Human Resources 15/1
SHRM Essentials of Human Resources with SHRM CA 40/3
SHRM Essentials of Human Resources with SHRM CA
64/15
SHRM SCP/CP Human Resource with Caliifornia Law
40/3
SHRM/Essentials of Human Resources
15/1
Whittier Union High School
9401 South Painter Ave. Electrician 1
360/12
District -Whittier Adult School
Whittier, CA 90605 School Bus Driving Training
60/12
Computerized Accounting Clerk
375/12
Logistics/Distribution-Warehouse Clerk
188/7
Quick Books
375/12
Automated Accounting
70/4
Medical Terminology/Computerized Medical Billing
403/18
Administrative Assistant, Accelerated
602/20
Microsoft Applications, Accelerated
692/23
Customer Service, Accelerated
225/9
Distribution/Warehouse Clerk, Accelerated
217/9
General Office, Accelerated
395/13
Accounting Clerk/ Bookkeeper
1035/35
Computer Repair 1A-Hardware
50/10
Computer Repair 1B-Software
50/10
Computer Networking
50/10
Accounting Clerk/ Bookkeeper
1187/40
Customer Service
350/12
Administrative Assistant
993/33
General Office
646/22
Distribution/Warehouse Clerk
350/12
Medical Biller/Coder
1030/40
Medical Records/File Clerk
808/26
Medical Scheduler/ Receptionist
948/35
Medical Secretary
1068/40
Santa Ana College School of
2323 N. Broadway, Santa Ana, CA
Continuing Education
92706 Nursing Assistant (CAN)
242/10
Rancho Santiago Community
college District
(Main) multiple locations VAC -Refrigeration ®
336/36
Vocational Construction Technology
160/10
Nursing Assistant Certificate (CAN)
170/13
Behavior Technician Program
48/8
25A-20
EXHIBIT 1
Eligible Training Provider List
Name
Address
Program
HrslWks
AAA Institute
11100 Valley Blvd.Ste.221
Clinical Medical Assisting Hybrid
280/10
El Monte, CA 91731
Adobe PremierePro Advanced
120/11
Adobe PremierePro
110/10
Advanced Primavera P6
60/6
ASP. Net
65/6
AutoCAD and SolidWorks
110/11
Basic Primavera P6
60/6
Business Objects Universes & Enterprise
120/12
C # Programming
65/6
Certified Associate in Project Management (CAPM)
50/5
Business analysis Professional (BAP)
60/6
Cisco Voice Over Internet Protocol (VOIP) Level 1
65/6
Cisco voice Over Internet Protocol (VOIP) Level II
160/4
GIS Software
60/6
Information Technology Infrastructure Library (ITIL)
50/5
Medical Billing/EMR
60/10
Object Oriented Programming & SOL
120/12
PMI Agile Certified Practitioner
60/6
Project Management Professional
60/6
Project Management & Business Processess
110/12
Quick Books and MS Office
110/11
Risk Management Professional (PMI-RMP)
60/6
SAP Fico Module
65/6
Scheduling Professional (PMI-SP)
60/6
Security Guard
65/3
Six Sigma Black Belt
60/6
Six Sigma Green Belt
60/6
Software Testing & software Quality Insurance
85/9
Solid Works
65/6
Structured Query Language Program
50/5
Visual Basic Programmerfor .NET
65/6
ABCO Technology
11222 S. La Cienega Blvd
#588 Programmer
690/39
Inglewood, CA 90304
A+ Certification
7615
Microsoft Certified Systems Engineer
354/20
Cisco Certified Network Associate (CCNA)
72s4
Microsoft Office User Specialist (MOUS)
192/11
Certified Internet Web Master (CIWM)
234/13
Absolute International Security
9702 Apiece Street
40 Hour Guard Card
40/2
S. El Monte, CA 91731
Mailing Address:
(Training Site:)
4255 Tyler Ave
El Monte. CA 91731
Suite #201
Arcadia, CA 91006
American Career College
2461 W. La Palma
Dental Assisting
800/40
Building 601
Medical Assitant
760/36
Anaheim, CA 92801
Medical Billing & Coding
760/36
Optical Technician
1002/36
(Multiple)
Pharmacy Technician
760/36
Computerized Business Specialist
720/32
American College of Healthcare
6606 S. Pacific Blvd.
Veterinary Assistant
970/36
and Technology
Suite 204
Medical Assistant
970/36
Huntington Park, CA 90255
Medical Billing & Coding
970/36
Physical Therapy Aide/Massage Therapist
970/36
Pharmarcy Technician
970/36
American Dental Academy
212 S. Atlantic Blvd.,
Dental Assisting Program
147/8
#103
Los Angeles, CA 90022
American Heritage College
765 The City Drive
Project Management Training Professional
200/5
Unit 380
Project Management Training Professional Orlin
200/5
Orange, CA 92868
Certificate in Business Management
200/5
Certificate in Business Management On-line
200/5
(Multiple)
Certificate in Human Resources Technician
200/5
Certificate in Human Resources Technician OnLine
20015
Project Management Training
200/5
Agile Management Professional
200/5
Medical Office Management
200/5
HR Management
200/5
Virtualization & Cloud Computing
200/5
American Trade Academy
16627 Avalon Blvd.
Structured Cabling Technician
174/6
Carson, CA 90748
Cable Tevision Technician
174/6
Private Security Guard
40/1
Private Security Guard W/Taser and Firearm
80/2
Advanced Telecommunications Technician 2
754/26
Advanced Telecommunications Technician 3
754/26
Fiber Optics Technician
174/6
Cable Television/ Satelite Technician
232/8
Advanced Telecommunications Technician 1
590/20
Pole Climbing & Ladder Safety
80/2
Angeles College
3440 Wilshire Blvd.
Medical Assistant
900/36
Suite 310
Nurse Assistant
164/8
Los Angeles, CA 90010
Phlebotomy
99/15
Vocational Nursing
1800/52
25A-21
EXHIBIT 1
Eligible Training Provider List
Name
Address
Program
HrstWks
Home Health Aide
40/2
Pharmacology
54/9
Nurse Assistant
164/9
English as a Second Language
1296/72
Medical Assistant
720/36
ECG (Electrocardiography) Technician
80/4
Angeles Institute LLC
17100 Pioneer Blvd
Nurse Assistant Training Program (CNA)
190/6
Ste. 170
Vocational Nursing
1610/44
Artesia, CA 90701
Associated Technical College
1670 Wilshire Blvd.
Telecommunications
720/30
Los Angeles, CA 90017
Medical Assistant/Cardiac Tech.
720/30
Automotive Diagnostic
1515 S. Hams Court
Modern Automotive Technology
600/20
Training
Anaheim, CA 92806
California Career Institute, Inc.
12141 Brookhurst St.,
Vocational Nursing
1574/52
Suite 101
Medical Assistant
720/32
Garden Grove, CA 92840
California Career School
1100 Technology Circle
Automotive Repair Technician
600/24
Anaheim, CA 92805-6550
Commercial Truck & Bus Driver
300/7
Homeland Security
600/24
Commercial Truck Driver
240/6
Commercial Bus Driver
80/2
Computer Numerical Control
720/36
Professional Commericial Truck Driver
600/15
California Healing Arts
5200 E. Carson Plaza Drive
Massage Therapy
900/30
Suite # 103
Medical Assistant
900/30
Carson, CA 90746
Medical Insurance Coding & Billing
900/30
Personal Fitness Training
900/44
Surgical Technology
1690/52
Veterinary Assistant
900/30
Camino Real Career School
13674 E. Valley Blvd,
Class A and B(Tractor/Trailer/Bus)
240/10
La Puente, CA 91746
Class A Tractor -Trailer Course
190/8
Class Bp Bus Course
160/4
Career Networks Institute
1610 E. Saint Andrew Pl. #200
Vocational Nurse
1560/52
Santa Ana, CA 92705
Medical Assistant
900/43
College of Instrument Technology
17156 Bellflower Blvd.
HED100: Truck Driver Operator Class A
240/8
Bellflower, CA 90706
Instrument & Electrical Maintenance -Dual Craft Level
720/24
Word Processing/Computer Graphics
480/16
Contractors Business Development
480/16
Electrical & Instrument maintenance Dual Craft Level 1
480/24
Heavy Equipment Operator Truck Driver Level
270/9
Heavy Equipment Operator Truck Driver Level
240/8
Truck Driver Class +Bus
270/8
Contractor's State License Law & Trade
490/16
Heavy Equipment Operator Truck Driver Level 5
360/12
Heavy Equipment Operator Truck Driver Level 3
300/10
Concorde Career
12951 Euclid Street
Dental Assistant
800/36
Suite 101
Medical Assistant
795/30
Garden Grove, CA 92840
Medical Office Administration
795/30
Vocational Nurse
1600/50
Crescent College
5940 Santa Fe Ave.
Medical Assistant & Certified Phlebotomy Technician CPT-1
801/29
Huntington Park, CA 90255
Physical Therapy Aide
720/28
Medical Billing & Insurance Coding
720/28
Business Office Administration
720/26
Medical Assistant
720/28
Chemical Dependency Counselor
720/26
Computer Systems Repair Technician
720/28
CA 90017 ESL and Computer Literacy 720/32
Business Office Administration 720/30
.m e.,n Iran rnmm—mi nm, T—mi—-riaeeA 1aara
Commerce, CA 90040
Commercial Drivers Training -Class B
120/6
Class "A" Commercial w/Passengers Endorsement
240/12
Commercial Driver's License Advance Course
80/4
Dynasty Trucking
1810 S. Reservoir St.
Professional Truck Driver Class A
160/8
Pomona, CA 91766
Bus Driver Class B
4813
Eagle Rock College
3450 Wilshire Blvd.
Business Management
900/30
Ste.600
Medical Assistant
720/20
Los Angeles, CA 90010
Medical Billing & Coding
900/30
East Valley College
11061 Cherry Ave.
Truck Driver Certificate 11
240/12
Fontana, CA 92337
Employed Security Service
550 Park Center Drive,
Private Security Officer (Armed)
44/1
Santa Ana, CA 92705
Private Security Officer (Armed) and School Security Officer
122/3
(Multiple)
Private Security Officer (Umarmed)
40/1
School Security Officer 24 Hours
24/1
Logistic and Supply Chain Professional
120/3
Genedarme Institute
9471 Slauson Ave
Computerized Medical Billing 11
240/12
Pico Rivera, CA 90660
Giligia College
15643 Sherman Way St. #140
System Administrator/Administrative Assistant
450/20
Van Nuys, CA 91406
Websie Design & Programming
350/19
Computerized Taxing
315/20
Glendale, CA 91203 Medical Assistant 883/43
25A-22
EXHIBIT 1
Eligible Training Provider List
Name Address
Program
HrstWks
Surgical Technology
1936/60
Vocational Nursing
1635/64
Central Service Instrument Technician
850/34
GSF Driving 8 Truck Training School 5731 McKinley Ave.
Complete Course COL Class A
180/12
Los Angeles, CA 90011-5227
Complete Course COL Class B-P
160/12
(Multiple)
Professional Combo COL Class A 8 B-P
240/16
Paramount, CA 90723
Medical Assistant Administrative 8 Clinical
940/46
Computerized Medical Biller/Coder
900/43
Nurse Assistant
200/10
Healthstaff Training Institute
1970 OLD TUSTIN AVE, STE C
Administrative Medical Assistant (Front Office)
600/25
SANTA ANA, CA 92705
Certified Drug and Alcohol Counselor
636/29
(Multiple)
Clinical and Administrative Medical Assistant
930/36
Clinical Medical Adsistant (Back Office)
600/25
Computerized Office and Accounting
510/20
Medical Billing and Coding
240/12
Pharmacy Technician
600/27
Phlebotomy Technician CPT-1
100/6
Hi -Desert Truck Driving School
42739 5th East St.
Professional Driver, Class A
176/10
Lancaster, CA 93535
Bus/Truck Driver, Class B
168/8
(Multiple)
Commerical License Class BP
168/8
Hollywood Cultural College
3450 Wilshire Blvd.
Radio Broadcasting
960/32
Suite 700
Radio Digital Production
960/30
Los Angeles, CA 90010
TV Production
960/30
Modeling
180/10
Singing
180/10
Homestead Schools, Inc.
23800Hawthorne Blvd.
Vocational Nursing
1549/48
Ste. 200
Medical Assisting
720/24
Torrance, CA 90505
Hospitality Training Academy
130 S. Alvarado St. 2nd floor
Culinary Pre -Apprenticeship -Online
156/6
Pre -Apprenticeship
Los Angeles, CA 90057
For The Advanced Cook Pre -Apprenticeship Online
71/3
Room Aftendant/Hotel Services Pre -Apprenticeship Online
49/3
IDT-Integrated Digital
138 N. Brand Blvd
Software Development Programmer
240/6
Technologies, Corp.
Suite 200
IT Security Professional (CCNA/CEH/CISSP)
160/6
Glendale, CA 91203
IT Security Administrator(Network+,Security+,CCNA,CEH,CWNA)
240/12
Network IT Professional Enterprise (MCTS/MCITP)
320/12
Database Administrator Professional (MCTS/MCDBA)
280/12
Net Web Application Developer(MCPD/MCITP)
280/12
Project Server Manager Specialist
120/6
Network Specialist II (MCSE)
400/10
Hardware Specialist (A+ Certification)
400/10
Computerized office Specialist
300/8
Internet Specialist/ Webmaster
350/9
Database Technologies Specialist I
190/5
Database Technologies Specialist II
276/7
Database Technologies Specialist III
402/10
Telecommunications Specialist 1
192/5
Telecommunications Specialist II
28618
Telecommunications Specialist 111
394/10
Intech College
10012 Garvey Ave., #7
Computer Set -Up and Maintenance Operator
480/16
El Monte, CA 91733
Light Duty Auto Mechanic
640/18
Integrity College of Health
1460 N. Lake Ave. Suite 102
Medical Assisting
800/30
Pasadena, CA 91104
Intercoast Colleges
388 W. Cerritos Ave Bldg. 7
Electrical Training Program
900/50
Anaheim, CA 92905
Medical Assistant
900/36
(Multiple)
Computerized Accounting(Online)
720/30
Business Office Administration -Online
720/30
Alcohol 8 Drug Counseling Studies
905/36
International Christian Education
3807 Wilshire Blvd.#730
Early Childhood Education 8 Supervision 8 Administration
480/17
College
Los Angeles, CA 90010
L.A. Vocational Institute
3550 Wilshire Blvd.
Medical Assistant
720/30
Los Angeles, CA 90010
Physical Therapy Aide
300/15
Phlebotomy Technican
115/5
Certificated Nurse Assistant
160/4
Learnet Academy, Inc.
3251 W. 6th Street
Computer Information Systems
360/16
Suite 200
Computer Office User Specialist
360/16
Los Angeles, CA 90020
Real Estate 8 Finance/Salesperson
360/15
General Contractor
360/15
Los Angeles ORT College
6435 Wilshire Blvd.
Phlebotomy
175/8
Los Angeles, CA 90048
AAS Degree in Digital Media
1200/48
AAS Degree In Accounting
1200/48
AAS Degree In Business Management
1200148
AAS Degree In Medical Office Management
1200148
AAS Degree in Computer Aided Design 8 Drafting
1200/48
Computer Graphics/Desktop Publishing
720/30
AAS Degree in Medical 8 Clinical Assistant
1200/48
AAS Degree in Pharmacy Technology Administration
1200/48
Administrative Assistant
720/30
Los Angeles Pacific College
3325 Wilshire Blvd.
Accounting Associate of Occupational Studies
1140/104
Suite 550
General Business Program
480/36
Los Angeles, CA 90010
Computer Information Systems
480/36
Computerized Accounting
720/36
25A-23
EXHIBIT 1
Eligible Training Provider List
Name
Address Program
Hrs1Wks
of Protective Services
Lancaster, CA 93534 Private Security Officer (Armed)
4411
Private Security Officer (Armed) and School Security Officer
112/3
School Security Officer
24/1
Masters Vocational College
1660 Chicago Ave. Suite M-13 CNC Machinist
600/24
Riverside, CA 92507 HVAC Technician
660/24
Cathedral City, CA 92234
Medical Assisting
720/40
Medical Front Office Advanced
725/40
Computer Support Technician Advanced
725/40
Medical Allied Career Center, Inc.
12631 E. Imperial Hwy
Nursing Assistant
161.5/5
Bldg D-Suite 108
Santa Fe Springs, CA 90670
Medical Science Institute
5542 N. Figueroa Street,
Electronic Health Record Specialist
60/12
Los Angeles, CA 90042
Phlebotomy
80/4
Mission Career College
3975 Jackson St. Suite 300
Acute Care Nurse Assistant
30/3
Riverside, CA 92503
Certified Nurse Assistant
60/4
Clinical Medical Assistant
150/8
Dialysis Technician
80/5
EKG Technicain
32r3
Fork Lift Operator
20/1
Home Health Aide
40/1
Certified Medical Assistant
140/12
Restorative Nurse Assistant
16/1
Monitor Technician
24/1
Phlebotomy Technician
40/4
Solar Photovoltaic Installer
40/2
Water Treatment Operator Level 1
40/2
Water Distribution Operator Level 1
40/2
Wastewater Operator Level 1
40/2
NATEC International, Inc.
1100 Technology Circle
Lead Worker Initial
24/1
Suite A
Anaheim, CA 92805
National Career College
14355 Roscoe Blvd
Dental Assistant
1150/40
Panorama City, CA 91402
Medical Office Specialist
900/33
Medics Assistant
900/32
Healthcare Administration (AAS Degree)
1220/32
Dental Laboratory Technician
1130/57
National Holistic Institute
201 E. Sandpointe
Advanced Neuromuscular Massage Therapy
450/24
Santa Ana, CA 92707
Massage Therapist and Health Educator
900/52
Advanced Neuromuscular Massage Therapy
450/24
Massage Therapist and Health Educator
900/52
National Polytechnic College, Inc.
4105 S. Street
MRI Technologist
1040/76
Lakewood, CA 90712
Hemodialysis Technician
300/15
(Multiple)
Diagnostic Medical Sonography
2400/96
Medical Assistant
900/41
National Training Academy, LLC
968 North Durfee Ave
Security Guard Officer II
72r2
Los Angeles, CA 91733
New Horizons Career Development
1900 S. State College Blvd
Security Professional Program W/CHFI
425/22
#100
CompTIA Network Security 8 Certification
350/19
Anaheim, CA 92806
10135 Configuring Managing 8 Troubleshooting Microsoft
35/2
Exchange Server 2010
10174 Configuring 8 Administering Microsoft SharePoint 2010
35/2
10747 Administering System Center2012 Confiuration Manager
35/2
10774 Querying Microsoft SQL Server 2012
35/2
10775 Administering Microsoft SOL Server 2012 Databases
35/2
10776 Developing Microsoft SOL Server2012 Databases
35/2
20341 Core Solutions of Microsoft Exchange Server2013
35/2
20342 Advanced Soutions of Microsoft Exchange Server 2013
35/2
20410 Installing and Configuring Windows Server 2012
35/2
20411 Administering Windows Server 2012
35/2
20412 Configuring Advanced Windows Server 2012 Services
35/2
20417 Upgrading Your Skills to MCSA Windows Server 2012
35/2
20461 Querying Microsoft SOL Server 2014
35/2
20462 Administering Microsoft SOL Server 2014 Databases
35/2
20687 Configuring Windows 8/1
35/2
20666 Managing and Maintaining Windows 8.1
35/2
2778 Writing Queries Using Microsoft SQL Server 2008 Transact -SQL
35/2
6292 Installing and Configuring Windows 7 Client
35/2
6293 Troubleshooting and Supporting Windows 7 in the Enterprise
35/2
6294 Planning and Managing Windows 7 Desktop Deployments
35/2
and Environments
Access 2010 Programming with VBA
35/2
Access 2013 Programming with VBA
35/2
Cisco Interconnecting Cisco Networking Devices Part 1 v2.0 (ICND1)
35/2
Cisco Interconnecting Cisco Networking Devices Part 2 v2.0 (ICND2)
35/2
CompTIA A+ 2012-Part 1
35/2
CompTIA A+ 2012-Part 2
35/2
CompTIA A+ Certification (2012 Objectives)
35/2
CompTIA Network+ Certification (2011 Objectives)
35/2
CompTIA Securty+ Certification (2011 Objectives)
35/2
ITIL Foundations 2011 Edition
35/2
10175 Microsoft SharePoint 2010 Application Development
35/2
10231 Designing a Microsoft SharePoint 2010 Infrastructure
35/2
10232 Designing 8 Developing Microsoft SharePoint Server
35/2
25A-24
Name
EXHIBIT 1
Eligible Training Provider List
Address Program
HrslWks
2010 Application
10264 Developing Web Applications with Microsoft Visual Studio 2010
35/1
10265 Developing Data Access Solutions with
35/1
Microsoft Visual Studio 2010
10266 Programming in C# with Microsoft Visual Studio 2010
35/1
10533 Deploying,Configuring, and Administering Microsoft Lync
35/1
Server 2010
10534 Planning & Designing a Microsoft Lync Server 2010 Solution
35/1
10550 Programming in Visual Basic with Microsoft Visual Studio 2010
35/1
10748 Deploying System Center 2012 Configuration Manager
21/1
10750 Monitoring & Operating a Private Cloud with
35/1
System Center 2012
10751 Configuring & Deploying a Private Cloud with
36/1
System Center 2012
6231 Maintaining a Microsoft SOL Server 2008 R2 Database
35/1
6232 Implementing a Microsoft SOL Server 2008 R2 Databases
35/1
6234 Implementing & Maintaining Microsoft SOL Server 2006
21/1
Analysis Services
6235 Implementing & Maintaining Microsoft SOL Server 2008
21/1
Integration Services
6236 Implementing & Maintaining Microsoft SOL Server 2008
21/1
Reporting Services
6419 Configuring, Managing, & Maintaining Windows Server 2008
35/1
6421 Configuring & Troubleshooting a Windows Server2008
35/1
Network Infrastructure
6425 Configuring Windows Server 2008 Active Directory
36/1
Domain Services
6426 Configuring Troubleshooting Identity & Access Solutions with
21/1
Windows Server 2008 Active Directory
21/1
6436 Designing a Windows Server2008 Active Directory Infrastructure
35/1
and Services
Microsoft SharePoint 2013: Site Administrator
7/1
Microsoft SharePoint Designer 2010-Level 1
7/1
Microsoft SharePoint Designer 2010-Level2
7/1
Microsoft SharePoint Designer 2013
7/1
Microsoft SharePoint Foundation 2010-Level 1
14/1
Microsoft SharePoint Foundation 2010-Level2
14/1
Microsoft SharePoint Foundation 2013: Site Owner
7/1
Microsoft SharePoint Foundation 2013 Site User
7/1
20413 Designing & Implementing a Server Infrastructure
35/2
20414 Implementing an Advanced Server Infrastructure
35/2
Cisco Implementing Cisco IDS Network Secuirty 2.0 (IINS)
35/2
Cisco Implementing Cisco Switched Networks v2.0 (SWITCH)
35/2
Cisco Implementing Cisco Voice Communications & OoS v8.0
35/2
Cisco Interconnecting Cisco Networking Devices Accelerated v2.0
35/2
20480 Programming in HTML5 with JavaScript and CSS3
35/2
20487 Developing Windows Azure and Web Services
35/2
50413 Mastering Microsoft Project 2010
35/2
50414 Microsoft Windows PowerShell v2 for Administrators
35/2
55039 Windows PowerShell Scripting and Toolmaking
35/2
55054 Mastering Microsoft Project 2013
35/2
55057 SharePoint 2013 PerformancePoint Services
35/2
55065 Microsoft Azure for IT Professionals
35/2
BA10-Understanding Root Cause Analysis
35/2
Certified Information Security Systems Professional (CISSP)
35/2
CompTIA Linux+ Certification
35/2
10777 Implementing a Data Warehouse with
Microsoft SOL Server 2012
35/2
10778 Implementing Data Models & Reports with
Microsoft SOL Server 2012
35/2
10961 Automating Administration with Windows PowerShell 3.0
35/2
20247 Configuring and Deploying a Private Cloud
35/2
20346 Managing Office 365 Identities and Services
35/2
20485 Advanced Windows Store App Development Using C#
35/2
20488 Developing Microsoft SharePoint 2013 Core Solutions
35/2
20489 Developing Microsoft SharePoint 2013 Advanced Solutions
35/2
2433 Visual Basic Script Host Essentials
35/2
50470 Microsoft SharePoint Server 2010 for the
Site Owner/Power User
35/2
50547 Microsoft SharePoint 2010 Site Collection & Site Administration
35/2
50588 Office 365: A day in the life of the End -User
35/2
55004 Installing & Configuring Sustem Center 2012 Operations
Manager+131:1314
35/2
55006 System Center Operations Manager 2012
35/2
55007 System Center 2012 Orchestrator
35/2
55009 System Center Service Manager 2012
35/2
55021 Configuring & Administering Hyper-V in Windows Server 2012
35/2
55033 SharePoint 2013 Site Collection & Site Administration
35/2
55034 Project Server 2013 Inside Out
35/2
56037 SharePoint 2013 Search Inside Out
35/2
Certified Associate in Project Management (CAPM}Fourth Edition
35/2
Certified Ethical Hacker (CEH)
35/2
Cisco Implementing Cisco Unified Wireless Networking Essentials
v2.0 (IUWNE)
3512
25A-25
EXHIBIT 1
Eligible Training Provider List
Name
Address
Program
Hrs1Wks
CompTIA Advanced SecurtyPractitioner (CASP)
35/2
CompTIA Cloud Essentials Cetification
35/2
CompTIA Cloud+
35/2
CompTIA Healthcare IT Technician
35/2
CompTIA Mobile App Security+ -Android Edition
35/2
CompTIA Mobile App Security+IOS Edition
35/2
CompTIA Mobility+
35/2
CompTIA Project+ Certification (2009 Objectives)
35/2
Computer Hacking Forensics Investigator(CHFI) v4
35/2
Microsoft SharePoint Server 2010 Introduction
7/1
SharePoint 2010-Site Collection Administrator
14/1
10165 Updating our Skills from Microsoft Exchange Server 2007
to Exchange Server 2010
35/1
10233 Designing & Deploying Messaging Solutions with Microsoft Exchange
Server 2010
35/1
Newport International United Corp
5959 Topanga Canyon
Nurse Assistant
160/4
dba Newport International United
Blvd, Suite 110
Clinical Medical Assisting
244/12
College
Woodland Hills, CA 91367
Human Resources
99/5
Payroll & Ouickbooks
24/2
Heating Ventilation Air Conditioning & Refrigeration
960/44
Medical Assisting
720/36
Paralegal
449/48
Administrative Medical Assisting
240/12
West Covina, CA 91790
Eyecare Specialist
800/38
(Multiple)
Medical Administrative Assistant
900/40
Medical Assistant
900/40
Medical Insurance Coding & Billing
900/40
Paralgal
957/60
Pharmacy Technician
900/40
Nurses Development Centers Inc.
6101 Ball Road
Nursing Assistant Program
160/4
STE. 202
Cypress, CA 90630
Oxford Institute Of
5530 Corbin Ave
CISCO Networking Specialist
120/6
Technology
Suite 120
Computer Network Administrator/A+, Network+
175/8.75
Tarzana, CA 91356
Database Administration/ Oracle Specialist/Microsoft SOL
320/16
(Multiple)
Information System Technology
720/36
Microsoft.NET MCSD Solutions Development/C# and VB
320/16
Microsoft Office User Specialist/Ouickbooks/Computerized Accounting
120/6
Networking Specialist II MCSE/MS Windows
320/16
Project Mangement and Business Processes
320/16
(Six Sigma/ ITIL/PMP
Document Imagining Specialist/ CDIA+
160/8
IT Security Professional (CCNA / Security / CCISP)
320/16
Mulitmedia Graphic Design Adobe/Web Page Development
160/8
Networking Specialist II CCNP/WAN CISCO
320/16
VMware/Cloud/Sharepoint
320/16
Pacific College
3160 Redhill Ave
Vocational Nursing
1542/48
Costa Mesa, CA 92626
Pacific West Academy
16117 Covello Street
Comprehensive Security Training
104/3
Van Nuys, CA 91406
Administrative Professional Certificate
108/4
Palladium Technical Academy
10229 Lower Azusa Rd.
Health Information Technology
780/34
Temple City, CA 91780
Medical Clinical Assistant
760/33
Medical Billing Specialist
760/34
Panamencan Learning Center
2225 W. Commonwealth
Mobile Phone Technician
360/12
Ave. #103
Video Security Technician
360/12
Alhambra, CA 91603
Pasadena Bio
2265 E. Foothill Blvd.
Bio-Flex Pre -Apprenticeship
185/12
Collaborative Incubator
Pasadena, CA 91107
Biological Training Technician
200/10
and Health Careers, LLC Carson, CA 90746
Home Health Aide
40/2
(Multiple)
Nursing Assistant & Home Health Aide
204/7
Nursing Assistant,Home Health Aide & Restorative
220/8
Restorative Nursing Assistant
16/1
Basic Guard (Power to Arrest)
8/1
PCI College 17215 Studebaker Rd.,
Dental Assistant
860/36
Ste. # 310
Medical Billing/ Coding
720/32
Cerritos, CA 90703
Computer Networking (Microsoft)
600/30
Office Management Systems
240/12
Medical Assisting
905/36
Diagnostic Medical Sonographer
1805/90
Computer Networking (CNE)
425/20
Fontana, CA 92337
Platt College Los Angeles LLC 6455 Sycamore Canyon Blvd Suite 100
Certified Nurse Assistant
164/13
Riverside, CA 92507
Hemodialysis Technician
280/12
(Multiple)
Associate of Science in Medical Assisting
1260/60
Premiere Career College 12901 Ramona Blvd., # D
Vocational Nursing
1802/60
Irwindale, CA 91706
General Office Assistant/Business Computer Applications
600/24
Financial Records Processor
600/24
Medical Assistant- Front Office
760/26
Medical Asst.- Front & Back Office
900/24
Surgical Technology
1400/54
EXHIBIT 1
Eligible Training Provider List
Name
Address
Program
HrslWks
Hospital Central Service Technician
800/26
Professional Career
420 Date St.
Nursing Assistant Training
150/6
Development Center
Montebello, CA 90640
Q.P.E Technical Institute
1557 N. Gemini Place
CAD/ CAM Technician
400/12
Anaheim, CA 92801
Quality Control Inspector
400/12
CNC Machinist
400/12
Manufacturing Technician
630/18
Regan Career Institute
11350 Valley Blvd.
Nurse Assistant Training Program
150/10
El Monte, CA 91732
Medical Assistant Program
900/36
Electrocardiograph Technician
50/3
Certified Phlebotomy Technician
86/5
Fontana, CA 92337
Ryon College 7028 Indiana Ave Childcare Provider 480/16
Riverside, CA 92506 Medical Billing & Insurance Coding 480/16
ROSEMEAD, CA 91770
Nurse Assistant Accelerated
156/9
Southern California
525 N. Muller St.
General Electrician
750/35
Institute of Technology
Anaheim, CA 92801
Computer Networking Specialist
720/30
Studio Arts
570 West Avenue 26 Suite #425
Concept Design
240/24
Los Angeles, CA 90056
Architectural computer Aided Design and Illustration
240/24
Computer Illustration
240/24
Computer Animation
240/24
Digital Makeup and Hairstyling
240/24
Digital Set Design
240/24
Pre -Visualization
240/24
Technical Direction
240/24
2D Animation
240/24
Digital Illustration (Short Term)
120/12
Compositing & Visual Effects
240/24
Digital Set Design (Short Tenn)
120/12
Graphic Design (Short Term)
120/12
Graphic Design
240/24
Modeling
240/24
Summit College
1639 E. Edinger Ave
Certified Nursing Assistant
220/6
Santa Ana, CA 92705
HVAC
720/36
(Multiple)
Payroll AP/AR and Human Resources
680/30
Medical Assistant-Admin/ Clinical
800/36
Dental Assistant
600/36
Electrician
720/40
Electronic Health Records
860/38.5
Licensed Vocatioanl Nurse
1586/84
Weld -Basic
720/36
Welding
720/36
Desktop Graphics Digital Arts
600/30
Sushi Chef Institute
1123 Van Ness Ave.
Professional Sushi Chef Course I & 11
200/8
Torrance, CA 90501
Sutech School of Vocational
1855 S. Santa Cruz Street
Microcomputer Applications
540/16
& Technical Training
Anaheim, CA 92805
Microcomputer Technology
540/16
(Multiple)
Medical Assistant
480/16
Building Maintenance
540/17
Child Care Provider
490/16
Medical Billing
450/15
Solar Energy Systems Installer
200/10
MS Software Support Specialist
240/12
MS Certified Systems Engineer
240/12
Automated Office Assistant
160/8
Floral & Bridal Arrangement Design
490/16
Upholestry
490/16
Lathe Operator
520/13
Photograph Lab Tech.
450/15
Technical College
2300 West Olympic Blvd.
Food Service Program
480/13
Ste.102
Janitorial Expert 1
200/8
Los Angeles, CA 90066
Mechanic 1
400/15
Office Automation Systems Specialist
394/13
Personal Computer Repair & Assembly
394/13
Computer Repair & Assembly Specialist
394/13
TGA Truck Driving School
1115 S. Taylor Avenue
Professional Truck Driver Training Program
160/10
Montebello, CA 90640
The Institute for Clinical Pastoral
4700 Millenia Blvd. Suite 175
Clinical Pastoral Education
400/12
Pastoral Training
Odando, F132839
The Nurse Academy
2345 E. Sth Street, #113
Nurse Assistant Program
160/5
National City, CA 91950
UEI College
4730 Ontario Mills Parkway
Medical Assistant
810/36
Ontario, CA 91764
Dental Assistant
600/34
(Multiple)
Dental Assistant
800/34
Medical Assistant
810/36
United School of America
701 E. Ball Rd. #100
Computer Repair Technician
500/24
Anaheim, CA 92805
Medical Assistant Front Office
500/24
United Truck & Car Driving
1737 Atlanta Ave H-7
Class A/P Truck & Bus Driving
186/4.65
School
Riverside, CA 92507
Class A Truck Driving
160/4
(Multiple)
Class B/P Truck & Bus Driving
120/3
25A-27
Eligible Training Provider List EXHIBIT 1
Name Address Program HrsMks
Class A/P Truck & Bus Driving 186/4.65
Class A Truck Driving 160/4
of Health & Human Services
Suite#200
Clinical Medical Assistant
300/13
Anaheim, CA 92806
Welding Certification Center
2701 N. Towne Unit C
Comprehensive Welding SMAW Structual Steel Program
135/16
Pomona, CA 91767
Westchester College of Nursing &
8939 S Sepulveda Blvd. #302
Nursing Assistant
159/6
Allied Health
Los Angeles, CA 90045
Coding
1062/52
Women In Non Traditional
4741 E. Cesar E. Chavez Ave
Construction Pre -Apprenticeship
426/11
Employment Roles
Los Angeles, CA 90022
25A-28
AGREEMENT FOR WORKFORCE TRAINING
THIS SUBAWARD AGREEMENT, made and entered into this day of_,
20 , by and between the City of Santa Ana, a charter city and municipal corporation duly
organized and existing under the Constitution and laws of the State of California ("CITY") and
, a non-profit corporation identified by the assigned Data Universal
Numbering System (DUNS) Number ("CONTRACTOR").
RECITALS:
A. CITY has been designated a Local Workforce Development Area (LWDA)
under the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-128 ("WIOA"
or "the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award
Identification Number (FAIN) AA253421455A6.
B. The State of California has created the LWDA to administer the Act
programs operated by the State of California pursuant to the Act.
C. As a LWDA, CITY is entitled to receive federal funds to establish programs
to increase the employment, retention and earnings of Participants, and increase occupational skills
attainment by Participants, and as a result, improve the quality of the workforce, reduce welfare
dependency, and enhance the productivity and competitiveness of the nation. Under WIOA,
participants in need of training services may access career training through a list of state -approved
schools and their training programs.
D. In addition to WIOA, the CITY received funding from the Orange County
Social Services Vocational Training grant Banded through the California Work Opportunity and
Responsibility to Kids Act of 1997, which provides monies for the basic needs of families with
children ("CalWORKs" or "SSA"). An important component of CalWORKS allows for the
provision of employment services for parents. Heads of households are provided job training
services to help families upgrade job skills with the ultimate goal of self-sufficiency.
E. The City intends to utilize the WIOA and SSA Grant Funds to operate a
Workforce Training Program in which vocational training courses will be made available to
Qualified Participants. Pursuant to the Workforce Training Program, the City desires to contract
with public and private organizations, including employers, who are qualified to participate in the
City's Workforce Training Program by providing services to Qualified Participants (each, a
"Qualified Contractor").
F. CONTRACTOR is a Qualified Contractor that has been selected as one of
several vendors that qualified to provide workforce training under the Workforce Training
Program.
G. CONTRACTOR represents that it is knowledgeable in its field, and is
willing to provide workforce training services under the Workforce Training Program pursuant to
applicable federal and California laws.
25A-29
Page 1 of 17
H. The CITY and CONTRACTOR (each, a "Party" and jointly, the 'Parties")
desire to enter into this Agreement so that CONTRACTOR may receive a subgrant of the proceeds
of the WIOA and/or SSA Grants (hereinafter defined as the "Subgrant") in consideration for
Contractor's participation in the City's WIOA and/or SSA Programs and provision of services to
Qualified Participants upon the request of the City.
WHEREFORE, for and in consideration of the respective and mutual covenants
and promises hereinafter contained and made, and subject to all the terms and conditions hereof,
the parties hereto do hereby agree as follows:
I.
CONTRACTOR'S OBLIGATIONS
A. In compliance with all of the terms and conditions of this Agreement,
CONTRACTOR shall provide the Contractor's Services, as authorized by the City's
Representative. Contractor represents and warrants that Contractor's Services to be provided
hereunder shall be performed in a competent, professional and satisfactory manner in accordance
with the City's Workforce Training Program.
B. CONTRACTOR agrees to provide benefits to individuals who participate
in the activities and services funded by this Agreement ("Participants") in accordance with the
standards and requirements set forth in this Agreement.
C. CONTRACTOR acknowledges and agrees that City shall request that
Contractor provide the Contractor's Services on an "as requested" basis and that City does not
guaranty a minimum number of Qualified Participants for whom Contractor's Services shall be
requested and required under this Agreement. Contractor acknowledges and agrees that Contractor
shall not commence to provide Contractor's Services to a particular Qualified Participant hereunder
unless and until Contractor receives a Notice to Proceed from the City authorizing the provision
of Contractor's Services to that particular Qualified Participant. Contractor ftirther acknowledges
and agrees that this Agreement and any request for the provision of services hereunder is
nonexclusive and that the City may enter into similar agreements with other entities for the
provision of similar services.
D. Time is of the essence in the performance of this Agreement. CONTRACTOR
shall perform and complete all of CONTRACTOR's Services in a timely and expeditious manner.
Contractor shall not be responsible for delays caused by circumstances beyond its reasonable
control, provided that CONTRACTOR has delivered to the City written notice of the cause of any
such delay within ten (10) days of the occurrence of such cause.
E. Scope of Services. On an as -needed basis, and at the sole discretion of CITY,
CONTRACTOR shall perform the services that are described in Exhibit A. The Scope of Services
shall include the CONTRACTOR's proposal or bid, if any, which shall be incorporated herein by
this reference as though fully set forth herein. In the event of any inconsistency between the terms
of such proposal and this Agreement, the terms of this Agreement shall govern. When the need
for services arise, CITY may initiate services through use of a Letter Agreement for a specific
25A-30
Page 2 of 17
workforce training, including a copy of the course description, executed by the Executive Director
of the Community Development Agency and the CONTRACTOR. Work by the CONTRACTOR
may not proceed absent this fully executed Agreement and separate Letter Agreements for specific
Qualified Participants.
F. Compliance with Law. CONTRACTOR's Services shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City and
any Federal, State or local governrriental agency of competent jurisdiction.
G. CONTRACTOR shall obtain, at Contractor's sole cost and expense, such
licenses, permits and approvals as may be required by law for the performance of
CONTRACTOR's Services. CONTRACTOR shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed by law and
which arise from or are necessary for the performance of the services required by this Agreement
H. CONTRACTOR shall adhere to all applicable Labor Standards.
I. If funding is through WIOA, CONTRACTOR agrees to comply with the
"Complaint Handling Procedures Under the WIOA", attached hereto as Exhibit H and
incorporated herein as though fully set forth in 20 CFR 658.411. CONTRACTOR shall advise
Participants of their rights to file complaints under the Act and the procedures for resolution of
any complaints. CITY's procedures for handling complaints alleging a violation of the Act,
regulations, grants, or other agreements under the Act shall be followed and any decision of CITY,
the State or the federal government relating to the complaint shall be binding and followed by
CONTRACTOR. CONTRACTORS who are employers shall operate a grievance system that
incorporates CITY's procedures for resolution of complaints relating to the terms and conditions
of employment; these procedures shall be approved in writing by CITY.
J. As a condition of this award of financial assistance under the Act to
CONTRACTOR from CITY, CONTRACTOR assures, with respect to operation of all programs
or activities funded with funds provided pursuant to the Act, and all agreements or arrangements
to carry out such programs or activities, that it will comply fully with the nondiscrimination and
equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment
Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and
supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women
Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation
Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with
Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to
regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The
United States, the State of California and CITY have the right to seek judicial enforcement of this
assurance.
K. CONTRACTOR agrees that no participant(s) shall commence training prior
to the approval of funding pursuant to Section 123 of the Act, or the approval of SSA funding, as
applicable.
25A-31
Page 3 of 17
L. CONTRACTOR agrees to the following accounting, monitoring, auditing,
and review requirements:
1. CONTRACTOR agrees to maintain such records and submit such
reports, data and information, on the form and containing such information, at such times
as CITY may request or require regarding the performance of CONTRACTOR'S services
or activities, costs or other data, including but not limited to Participants' attendance and
certifications.
2. CITY, the State of California and the United States government
and/or their representatives shall have access for purposes of monitoring, auditing and
examining of CONTRACTOR'S activities, performance, and Participants related to this
Agreement. Such agencies or representatives shall also schedule on -site monitoring at their
discretion. Monitoring activities may also include, but are not limited to, questioning
employees and Participants and entering any premises or onto any site in which any of the
services or activities funded hereunder are conducted or in which any of the records of
CONTRACTOR are kept (2 CFR §200.330). Nothing herein shall be construed to require
access to any privileged or confidential information as set forth in federal or state law.
3. In the event CONTRACTOR does not make the above -referenced
documents available within the City of Santa Ana, California, CONTRACTOR agrees to
pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the
location where said records and books of account are maintained.
4. All accounting records and evidence pertaining to all costs of
CONTRACTOR and all documents related to this Agreement shall be kept available at the
location where CONTRACTOR conducted the program, as well as in the County of
Orange, for the duration of this Agreement and thereafter for three (3) years after
completion of an audit. Records which relate to (a) complaints, claims, administrative
proceedings or litigation arising out of the performance of this Agreement, or (b) costs and
expenses of this Agreement to which CITY, the State of California or the United States
Government take exception, shall be retained beyond the three (3) years until resolution of
disposition of such appeals, litigation, claims, or exceptions.
M. Without prejudice to any other section of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information provided to it concerning
Participants in accordance with the requirements of federal and state law. Notwithstanding the
foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United
States Government or their representatives, all records requested for administrative purposes,
including audits, examinations, monitoring and verification of records submitted by
CONTRACTOR, costs incurred and services rendered hereunder.
N. CONTRACTOR shall not expend funds pursuant to this Agreement to
provide services to any participant where costs of training are paid for by any other person or
entity.
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O. If funding is through WIOA, CONTRACTOR shall comply with the
provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget
(OMB) and all other applicable federal statutes and executive orders and their implementing
regulations, including regulations at 29 CFR Part 97.
P. If funding is through WIOA, CONTRACTOR shall comply with the
requirements of federal regulations found at 29 CFR Part 93, which provide that no appropriated
funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement
to pay any person for influencing or attempting to influence an officer or employee of any agency,
member of Congress or an officer or employee of a member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. CONTRACTOR shall sign a Certification
Regarding Lobbying to that effect in a form as set forth in Exhibit D, attached hereto and by this
reference incorporated herein. CONTRACTOR shall submit said signed Certification to CITY
prior to performing any of its obligations under this Agreement and prior to any obligation arising
on the part of CITY to pay any sums to CONTRACTOR under the terms and conditions of this
Agreement.
Q. CONTRACTOR agrees to provide a drug -free work place and to execute a
Drug Free Workplace Certification as set forth in Exhibit E attached hereto and incorporated
herein by this reference.
R. CONTRACTOR, in accordance with the Child Support Compliance Act,
recognizes and acknowledges the importance of child and family support obligations and shall
fully comply with all state and federal laws relating to child and family support enforcement,
including, but not limited to: disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the
state Family Code; and, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees to the New
Employee Registry maintained by the California Employment Development Department (EDD).
S. CONTRACTOR agrees to comply with all applicable provisions of the Act or
SSA, as applicable, and all applicable federal regulations, including, but not limited to, the Code
of Federal Regulations, Subtitle A Office of Management and Budget Guidance for Grants and
Agreements, as well as all applicable state and local regulations.
T. If funding is through WIOA, CONTRACTOR agrees to remain in
compliance with the Certification Regarding Debarment, attached hereto as Exhibit F and
incorporated herein by reference, as required by the regulations implementing Executive Order
12549, Debarment and Suspension, (2 CFR Part 180).
U. If funding is through WIOA, CONTRACTOR agrees to provide priority of
services for veterans and eligible spouses pursuant to 20 CFR Part 1010, and the regulations
implementing priority of service for veterans and eligible spouses in Department of Labor job
training programs under the Jobs for Veterans Act published at 73 Fed. Reg. 78132 on December
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19, 2008.
V. CONTRACTOR acknowledges that the official name for the statewide
system of providing employment and training through the WIOA partnerships, SSA, and various
other local programs is "America's Job Center". To achieve the goals of this Workforce Training
Program, it is important that the public has a quick and easy method to identify that the projects or
programs they are taking part in are part of the "America's Job Center". CONTRACTOR agrees
to place the America's Job Center logo, in accordance with the State of California guidelines for
such use, on all public materials, such as statements, press releases, brochures, advertisements,
reports and other documents describing projects or programs funded in whole or in part with
WIOA or SSA funds. When the America's Job Center logo is used, CONTRACTOR may
accompany it with the following statement, "The (Program Name) is a proud partner of the
America's Job Center network". CONTRACTOR shall not use the America's Job Center logo in
any manner that would imply that the State of California endorses a commercial product, service
or activity.
II.
CITY'S OBLIGATIONS
A. On July 1, 2020 the CITY was awarded a Department of Labor Workforce
Innovation and Opportunity Act grant of $1,260,082.00 for fiscal year 2020-2021. In addition, on
July 1, 2020, the CITY was awarded an Orange County Social Services Vocational Training grant
through the California Work Opportunity and Responsibility to Kids Act of 1997 in the total
amount of $1,677,928.00 for fiscal year 2020-2022. A portion of both grants in a total amount not
to exceed $2,000,000.00 shall be available to all Qualified Contractors to provide workforce
training classes for Qualified Participants.
B. If a Qualified Participant chooses to enroll in a course offered by
CONTRACTOR, CITY agrees to pay to CONTRACTOR when, if and to the extent WIOA or
SSA funds are received under the provisions of the applicable grants, in accordance with the
Course Costs attached hereto as Exhibit B and incorporated herein by reference, which may be
amended during the period of this Agreement. Said sum shall be paid with either WIOA or SSA
funds, as determined by the CITY in its sole discretion, after CITY receives invoices submitted by
CONTRACTOR as provided herein.
C. CONTRACTOR has the ability to adjust line item amounts in the Course
Costs with the approval of the Executive Director.
D. CITY agrees to provide for on -site monitoring reviews of the Workforce
Training Program operation at least annually. In addition, monthly desk -top reviews of pertinent
information will be conducted.
E. CITY has the right to de -obligate the funds hereunder, and take such funding
back from CONTRACTOR, due to any of the following reasons: (a) lack of performance by
CONTRACTOR; (b) lack of fiscal accountability of CONTRACTOR; or (c) decrease in available
funding.
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III.
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 B.
Any compensation payable to CONTRACTOR shall be paid from a portion of the above -
referenced WIOA and/or SSA grants awarded to the City in a total amount not to exceed
$2,000,000.00.
B. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
IV.
TERM OF AGREEMENT
A. This Agreement shall commence on the date stated above and continue
through June 30, 2023, with a one-year option to renew executable by the CITY in its sole
discretion, unless terminated earlier by either party. The one-year option may be executed, or the
Term of this Agreement may be further extended, by a writing executed by the City Manager and
the City Attorney.
B. Unless the CITY authorizes an extension, CONTRACTOR must liquidate
all obligations incurred under the Federal award not later than ninety (90) calendar days after the
end date of the period of performance as specified in the terms and conditions of the Federal award,
as applicable.
IV.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
V.
WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS
A. CONTRACTOR shall use appropriate funds received from CITY to provide
workers' compensation to all those hired by CONTRACTOR under this Agreement.
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B. CONTRACTOR shall have the right to hire, dismiss, or promote its
employees or contract personnel hired under this Agreement so long as its hiring or dismissal
policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards
Act of 1938, or any other applicable law, and CONTRACTOR maintains itself as an Equal
Opportunity employer.
VI.
APPLICABLE GUIDELINES
A. The parties hereto agree that CONTRACTOR shall comply with all
applicable federal and state laws and regulations, including, but not limited to the Performance
Indicators attached hereto as Exhibit C and incorporated herein by reference, and general program
requirements described in Sections 2 and 116 of the Act, and applicable regulations, and the U.S.
Department of Labor guidelines and regulations, including amendments or revisions made during
the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made
part of this Agreement as though fully set forth herein.
B. CONTRACTOR also assures and certifies that:
1. CONTRACTOR shall comply with Title VII of the Civil Rights Act
of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, requiring that no person shall,
on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under this
Agreement.
2. CONTRACTOR shall comply with any and all federal laws limiting
the political activity of employees hired under this Agreement.
3. CONTRACTOR shall comply with the requirements that no
program under the Act shall involve political activities.
4. RECORD INSPECTION. CONTRACTOR shall provide the U.S.
Department of Labor and the Controller General, by and through any authorized representative, as
well as the WDB Administrative Office, access to and the right to examine all records, books,
papers or documents relating to the accounting and use of funds under this Agreement for a three-
year period from and after the effective date of this Agreement.
5. No person with responsibilities in the operation of any program
under the Workforce Training Program shall discriminate with respect to any program participant
or any application for participation in such program because of race, creed, color, national origin,
sex, political affiliation or beliefs.
6. CONTRACTOR shall maintain appropriate standards for health and
safety in work and training situations.
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7. CONTRACTOR shall comply with general provisions, assurances,
and execute the Assurances and Certifications attached hereto as Exhibit G and incorporated
herein.
8. EQUAL OPPORTUNITY. Any literature distributed by
CONTRACTOR for the purpose of apprising businesses, Participants, or the general public of its
programs under this Agreement shall state that its programs are supported by the City of Santa
Ana and the Santa Ana Workforce Development Board, and shall state that the program is an
"equal opportunity employer/program" and that "auxiliary aids and services are available upon
request to individuals with disabilities."
9. Based on the population eligible to be served, or likely to be directly
affected by the program or activity, the services or information may need to be provided in a
language other than English in order to allow such population to be effectively informed about or
able to participate in the program or activity. Pursuant to 29 CFR 37.35, CONTRACTOR must
take reasonable steps to provide services and information in appropriate languages after
considering the scope of the program or activity, and the size and concentration of the population
that needs services or information in a language other than English.
10. CONTRACTOR certifies that all property, finished or unfinished
documents, data, studies and reports prepared or purchased under this Agreement, will be disposed
of in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished
to the CONTRACTOR by the CITY and/or purchased by the CONTRACTOR with funds pursuant
to this Agreement, will be limited to use within the activities outlined in this Agreement and will
remain the property of the United States Government and/or CITY. Upon termination of this
Agreement, CONTRACTOR will immediately return such tools and/or equipment to the CITY or
dispose of them in accordance with the direction of the CITY.
11. CONTRACTOR certifies that this Agreement does not provide for
the advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help
to support or sustain any school, college, university, hospital or other institution controlled by any
religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the
Constitution of the State of California, regarding separation of church and state.
12. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder
exceeds $100,000, CONTRACTOR must comply with Section 306 of the Clean Air Act [(42 USC
1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and
Environmental Protection Agency ("EPA") regulations (40 CFR Part 35) as any may now exist or
be hereafter amended. Under these laws and regulations, the CONTRACTOR assures that:
(a) No facility to be utilized in the performance of the proposed grant has been
listed on the EPA List of Violating Facilities;
(b) It will notify CITY prior to award of the receipt of any communication from
the Director, Office of Federal Activities, U.S. EPA, indicating that a facility
to be utilized for the grant is under consideration to be listed on the EPA List
of Violating Facilities; and,
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(c) It will notify the CITY and the EPA about any known violation of the above
laws and regulations.
13. CONTRACTOR agrees to adhere to the following STANDARDS
OF CONDUCT:
a. General Assurance. Every reasonable course of action will be taken by
CONTRACTOR in order to maintain the integrity of this expenditure of public funds and to avoid
favoritism. This Agreement will be administered in an impartial manner, free from errors to gain
personal, financial, political gain. CONTRACTOR, its officers and employees, in administering
this Agreement, will avoid situations which give rise to a suggestion that any decision was
influenced by prejudice, bias, special interest or desire for personal gain.
b. Employment of Former State or CITY Employees. CONTRACTOR will ensure that
any of its employees who were formerly employed by the State of California or CITY, in a position
that could have enabled such individuals to impact policy regarding or implementation of programs
covered by this Agreement, will not be assigned to any part or phase of the activities conducted
pursuant to this Agreement for a period of not less than two (2) years following the termination of
such employment.
c. Conducting Business Involving Relatives. No relative by blood, adoption or marriage
of any executive or employee of CONTRACTOR will receive favorable treatment when
considered for enrollment in programs provided by, or employment with, CONTRACTOR.
d. Conducting Business Involving Close Personal Friends and Associates. Executives and
employees of CONTRACTOR will be particularly aware of the varying degrees of influence that
can be exerted by personal friends and associates and, in administering this Agreement, will
exercise due diligence to avoid situations which give rise to an assertion that favorable treatment
is being granted to friends and associates. When it is in the public interest for CONTRACTOR to
conduct business with a friend or associate of an executive or employee of CONTRACTOR, an
elected official in the area or a voting or non -voting member of the Workforce Investment Board
(WIB), a permanent record of the transaction will be retained.
e. Avoidance of Conflict of Economic Interest. No executive or employee of
CONTRACTOR elected official in the area, or voting or non -voting member of a WDB, will solicit
or accept money or any other consideration from a third person, for the performance of an act
reimbursed in whole or part by CONTRACTOR or CITY. Supplies, materials, equipment or
services purchased with Agreement funds will be used solely for purposes asserted or allowed
under this Agreement. No voting member of the WDB will cast a vote on the provision of services
or vote on any matter which would provide direct financial benefit to that member or any business
or organization which the member directly represents.
f. Salary and Bonus Limitations. If CONTRACTOR receives WIOA funds,
CONTRACTOR is required to comply with federal requirements regarding the limitations on
salary and bonus payments in accordance with Public Law 109-149, Section 7013.
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VH.
HOLD HARMLESS
A. CONTRACTOR shall indemnify and save harmless CITY, its officers,
agents and employees, from and against any and all damages to property or injuries to or death of
any person or persons, including property and employees or agents of CITY, and shall defend,
indemnify and save harmless CITY, its officers, agents and employees, from any and all claims,
demands, suits, actions or proceedings of any kind or nature, including, but not by way of
limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors
or omission of CONTRACTOR, its employees or subcontractors.
B. CONTRACTOR shall indemnify and save harmless CITY, its officers,
agents and employees, from and against any and all damages to property or injuries to or death of
any person or persons, including property and employees or agents of CITY, and shall defend,
indemnify and save harmless CITY, its officers, agents and employees, from and against any and
all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the
intentional or malicious acts of CONTRACTOR, its employees or subcontractors.
VIII.
INSURANCE
1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in
force during the term of this Agreement a policy of comprehensive commercial general liability
insurance insuring the State of California, CITY, and CONTRACTOR against any liability for
accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall
be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of
any person or persons in any single accident or occurrence, with $2,000,000 in the aggregate
coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide
to CITY and to the State of California, Employment Development Department, at least thirty (30)
days written notice prior to cancellation; name CITY, its officers, agents, employees, and
volunteers, and the State of California, its officers, employees, and volunteers as Additional
Insured; and state that such coverage is primary to any other coverage or self-insurance of the State
of California and CITY (in substantially the form as Exhibit 1, Additional Insured Endorsement,
attached hereto). Governmental entities may substitute a certificate of self-insurance.
2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain,
during the effective period of this Agreement, broad form automobile liability coverage with at
least $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -
owned automobiles used by CONTRACTOR employees or Participants in performance of this
Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends
to require employees, Participants or other agents to utilize their own automobiles in the
performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such
employees, Participants, or agents as self -certification of automobile insurance coverage.
Governmental entities may substitute a certificate of self-insurance.
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3. Workers' Compensation. If CONTRACTOR is an "employer", as set forth in
California Labor Code Section 3300 et seq., or utilizes Participants as "employees," as set forth in
California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during
the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered
by Participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice
of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for
those Participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant
to California Labor Code Section 3350, et seq.
4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of
insurance covering loss or damage to any and all Equipment provided to or purchased by
CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the
full replacement value thereof, providing protection against the classification of fire, extended
coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities
may substitute a certificate of self-insurance.
5. Youth Protection. If applicable, in order to maintain a safe environment, funded
youth providers that serve youth under the age of 18 will need to provide a Youth Protection Policy
and proof of Sexual Abuse & Molestation insurance coverage of at least $2,000,000. Youth
providers will be held responsible for conducting a background clearance (live -scan) for staff that
have direct interaction with youth Participants that are under the age of 18.
6. Proof of Insurance. Certificates and endorsements must be submitted and
approved by CITY prior to any work under this Agreement. CONTRACTOR understands that
CITY will make no payments under this Agreement until the required certificates and
endorsements have been approved by CITY.
IX.
CORPORATESTATUS
CONTRACTOR shall be in good standing, without suspension by the California
Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corporate
status or suspension shall be reported immediately to CITY.
X.
ASSIGNABILITY
None of the duties of, or work to be performed by, CONTRACTOR under this
Agreement shall be subcontracted or assigned to any agency, consultant, or person without the
prior written consent of CITY. CONTRACTOR must submit all subcontracts and other
agreements that relate to this Agreement to CITY. If receiving WIOA funds, CONTRACTOR
acknowledges and agrees that it must follow procurement regulations for contractors (2 CFR
§200.317). No subcontract or assignment shall terminate or alter the legal obligations of
CONTRACTOR pursuant to this Agreement.
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XI.
LAWS GOVERNING THIS AGREEMENT
In its performance under this Agreement, CONTRACTOR shall fully comply with the
requirements of the following, whether or not otherwise referred to in this Agreement:
1. If receiving WIOA funds, the Act and all applicable federal statutes, regulations,
policies, procedures and directives, including but not limited to, 2 CFR 200 and 20 CFR.
Parts 651 and 654
2. All applicable State statutes, regulations, policies, procedures and directives;
3. All applicable CITY policies, procedures and directives;
4. All applicable local ordinances and requirements, including use permits and licensing;
5. Court orders applicable to its operation; and,
6. The terms and conditions of this Agreement.
If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply
with such or will notify CITY after enactment or modification that it cannot so comply. CITY
may thereupon terminate this Agreement, if necessary.
XII.
EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing,
between the parties hereto with respect to the employment of CONTRACTOR by CITY, and
contains all the covenants and agreements between the parties with respect to such employment.
Each party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein, and that no other agreement or amendment hereto shall be
effective unless executed in writing and signed by both CITY and CONTRACTOR.
XIII.
FRAUD
CONTRACTOR shall immediately report to CITY all instances and facts
concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds
under this Agreement.
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XIV.
CONTINGENCY OF FUNDS
CONTRACTOR acknowledges that approval of and funding for this Agreement is
contingent upon State approval, and WIOA and/or SSA funds received or obligated from the State
of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY
shall immediately notify CONTRACTOR. Within twenty (20) days of receipt of such notice,
CONTRACTOR shall modify or cease operations as directed by CITY and negotiate necessary
modification to this Agreement and/or reimbursement of costs incurred hereunder.
XV.
TERA/HNATION
A. This Agreement may be terminated by either party at its sole discretion, upon thirty
(30) days written notice to the other party. Notice shall be deemed served on the date of mailing.
However, CONTRACTOR may not terminate this Agreement if undue hardship will result to any
participant.
B. In the event CONTRACTOR defaults by failing to fulfill all or any of its obligations
hereunder, CITY may declare a default and termination of this Agreement by written notice to
CONTRACTOR, which default and termination shall be effective on a date stated in the notice which
is to be not less than ten (10) days after certified mailing or personal service of such notice, unless
such default is cured before the effective date of termination stated in such notice. If terminated for
cause, CITY shall be relieved of fixrther liability or responsibility under this Agreement, or as a result
of the termination thereof, including the payment of money, except for payment for approved
expenses incurred for services satisfactorily and timely performed prior to the mailing or service of
the notice of termination, and except for reimbursement of (1) any payments made for services not
subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in
obtaining substitute performance.
XVI.
DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning any
question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce
its decision to writing and mail or otherwise furnish a copy thereof to CONTRACTOR. The
decision of the City shall be final and conclusive unless within thirty (30) calendar days from the
mailing or delivery of such copy, CITY receives from CONTRACTOR written request to appeal
said decision.
If receiving WIOA funds, procedures governing the appeal shall be prescribed by
CITY and/or the State of California in accordance with the Act and all corresponding regulations
and OMB circulars. Pending final disposition of the appeal, CONTRACTOR shall act in
accordance with CITY's decision unless the dispute involves a change order.
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XVH.
BREACH - SANCTIONS
If, through any cause, CONTRACTOR violates any of the terms and conditions of
this Agreement, and/or prior agreements whereby grant funds were received by CONTRACTOR
pursuant to this Agreement, or if CONTRACTOR reports inaccurately or if any Audit Report
makes disallowances, CONTRACTOR shall promptly remedy its acts or omissions and/or repay
CITY all amounts due CITY as a result of CONTRACTOR's violation. For any such failures or
violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program
support until such time as CONTRACTOR fulfills its obligations or remedies all violations of this
Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY
due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written
notice CONTRACTOR has failed to repay same or a repayment schedule has not been made;
and/or (3) terminate this Agreement by giving written notice to CONTRACTOR of such
termination in accordance the notice provision in Paragraph XVIII herein below.
XVIII.
NOTICES
All notices, reports and correspondence between the parties hereto respecting this
Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed
as follows:
CITY: City of Santa Ana
Manager, WDB Administrative Office
P.O. Box 1988 (M-76)
Santa Ana, CA 92702
CLERK: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Telefacsimile (714) 647-6956
CONTRACTOR:
Phone:
Fax:
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XIx.
MERGER
This Agreement, together with the attachments hereto, expresses the total
understanding of the parties. There are no oral understandings of the parties or terms and
conditions other than as stated herein.
XX.
VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
XXI.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
{Signatures on following page)
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i0:cI-2111 a
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above -written.
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
RV O. odge
As stant City Attorney
Steven A. Mendoza
Executive Director
Community Development Agency
"CITY"
Kristine Ridge
City Manager
"CONTRACTOR"
By:
Name:
Title:
Tax ID #:
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Page 17 of 17
IW:CI:ll11Pa
PLACE HOLDER FOR
EXHIBIT A
Scope of Service
25A-46
IW:CI:ll11Pa
PLACE HOLDER FOR
EXHIBIT B
Course Cost
25A-47
EXHIBIT C
Employment INFORMATION NOTICE
EDD Delopament r
Deuprtment Date: June 4, 2020 Number: WSIN19-48
S l a t e ° f C a 1 i f u r n a
Expiration Date: 07/04/2020
STATE NEGOTIATED PERFORMANCE GOALS PY 2020 and 2021
The Workforce Innovation and Opportunity Act (WIOA) Section 116(b) requires the state to
reach an agreement with the US Department of Labor (DOL) on state -level performance goals
for the Wagner-Peyser, and WIOA Title IB Adult, Dislocated Worker, and Youth programs every
two years.
In May 2020, the state negotiated the performance goals with the DOL for Program Years (PY)
2020 and 2021 using the Statistical Adjustment Model (SAM) as a baseline.
PY 2020 and PY 2021 Negotiated Performance Goals
Indicators
Adults
Dislocated
Youth
Wagner -
Workers
Peyser
Employment Rate 2nd
Quarter After Exit
67.0%
71.9%
71.0%
61.4%
(Includes placement in
education for Youth
Employment Rate 4th
Quarter After Exit
66.0%
72.5%
71.0%
62.0%
(Includes placement in
education for Youth
Median Earnings 2nd
$6,000
$8,070
$3,490
$6,689
Quarter After Exit
Credential Attainment
60.0%
60.0%
60.0%
N/A
Measurable Skill
50.0%
50.0%
56.4%
N/A
Gains
The Employment Development Department will negotiate levels of performance for five of the
WIOA primary indicators of performance with Local Areas for PY 2020 and PY 2021.
The state will take into account the following factors when negotiating performance goals with
the Local Areas:
The EDD is an equal opportunity employer/program. Auxiliary aids and services
are available upon request to individuals with disabilities.
Page 1 of 2
S0:187
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c:vuD11T 2
EXHIBIT C
• How the levels involved compare with the negotiated levels of performance established
for the state.
• Ensure that the negotiated levels account for the economic conditions and the
participant characteristics based on the SAM.
• The levels involved promote continuous improvement of the indicators of performance.
For more information on the Performance Negotiation process, please review the Workforce
Services Directive State Level Performance Goals and Local Area Negotiations (WSD19-11 PDF).
If you have questions related to this information, contact the Program Reporting and Analysis
Unit at wsbmanaaeperformanceC@edd.ca.eov.
/s/ JAIME L. GUTIERREZ, Chief
Central Office Workforce Services Division
Page 2 of 2
25A-49
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CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS
and COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in
accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including agreements) and
that all subrecipient's shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure occurring on or
before October 23, 1996, and of not less than $11,000 and not more than $110,000 for
each such failure.
Grantee/Contractor Organization Program Title
Signature
Name of Certifying Official Signature
25A-50
I0:Cl:3lrlIIN
Certification Regarding Drug -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
ia:�:u:3r�a
25A-51
i0:cr3iIIIIIlIIIN
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
(1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised "Place of
Performance" form.
Date Program Operator Signature
25A-52
Qkyj&IIQkito] 0MIihI:jXe]'1►yi1:4►kI&9MI:IV/[@]�I
WiTel EEO] 0:2MIN;191Niv, /e1►to] 0
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
101M T
Name of Contractor:
Contractor Number:
Date:
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
Address
25A-53
iW:cu 1111PA
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were
published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211).
(Before completing certification, read instructions which are an integral part of certification)
1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief,
that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by anyfederal department or agency;
b. Have not within a three-year period preceding this proposal been convicted or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction
or contract under a public transaction; violation of federal or state antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
c. Are not presently indicted for or otherwise criminally or civilly charged by a government
entity (federal, state or local) with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more
public transactions (federal, state or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Grantee/Contractor Organization
Name and Title of Official Authorized to Certify
On Behalf of the Grantee
Date
2UIT64
INSTRUCTION FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
Federal assistance funds knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of Federal
assistance funds learns that its certification was erroneous whom submitted or has become
erroneous by reason of changed circumstances.
4. The terms "covered transaction", "debarment', "suspended", "ineligible', "lower tier covered
transaction", "participant', "person", "primary covered transaction", "principle", "proposal", and
"voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will
include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily
excluded from the covered transaction unless it knows that the certification is erroneous.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.
29WIT65
Assurances & Certifications
Selected providers will be required to sign and submit "actual" assurances and certificates as required by
the City of Santa Ana and the Workforce Development Board on all contracts.
I recognize that I must give assurances for each item below. Please initial each box indicating you have
read and are providing assurance you are or will be in compliance with the following:
❑ SAWDB uses the Ca1JOBs ETPL Module for accepting applications from the providers to be listed
on the ETPL. Local boards may authorize a single local board to act on their behalf in making
determinations for initial and/or subsequent eligibility of providers. Contractors must enter program(s)
of training services into Ca1JOBS. The training provider should only enter the program(s) desired to
be on the CA ETPL. If the program is offered with multiple modes of delivery, or course lengths, the
program must be entered separately for each variation.
❑ SAWDB has authorized the South Bay WDB to make initial and subsequent eligibility determinations
for applications submitted from providers. Contractors should contact the South Bay WDB 11539
Hawthorne Blvd., 5' Floor, Hawthorne, CA 90250, 310-970-7700.
❑ CONTRACTOR is required to be in compliance with South Bay WDB Master agreement and
SAWDB agreement.
❑ In cases where South Bay WDB has denied a provider's application, provider may submit the
application to SAWDB for consideration and processing at 801 W. Civic Center Dr. 9200, Santa Ana,
CA 92701 ATTN: SAWDB Staff. The submission must include completed ETPL training program
applications and a copy of the letter from the South Bay WDB denying application.
❑ Local boards may establish local policies requiring performance above the state minimum standards
for providers to be included on the ETPL.
❑ Acceptance and processing of an application does not constitute an agreement or relationship between
the CONTRACTOR and SAWDB, nor does it guarantee any referrals to the provider by SAWDB.
Applications will be process on an ongoing basis.
❑ CONTRACTOR must be in compliance with the State and Federal regulations, per Workforce
Innovation and Opportunity Act (WIOA) Eligible CONTRACTOR List Policy and Procedure
WSD15-07 or it's replacement.
❑ CONTRACTORS must also meet one of the following criteria in order to have their programs
listed on the ETPL:
1) Bureau of Private Postsecondary Education Approval to Operate, or Verification of
Exemption by BPPE.
1 EM1113IT G
25A-56
2) Accreditation by the Accrediting Commission for Senior Colleges and Universities, WASC,
or the Accrediting Commission for Community and Junior Colleges, CSU, UC, and other
WASC accredited institutions. This accreditation can be verified at: www.accjc.ors or
www.wascsenior.org/.
3) Postsecondary institutions eligible under Title IV of the Higher Education Act (BEA) and
offering programs leading toward an associate degree, baccalaureate degree, or certificate.
4) Approval by the California Department of Education.
5) Approval by the Chancellor's Office of the California Community Colleges (CCCCO).
❑ CONTRACTOR must reannly to be considered for subsequent approval on the ETPL and agrees to
provide the required performance and cost information data.
❑ CONTRACTOR must annually meet the state's minimum performance standards, however the
SAWDB may set higher levels. Public Postsecondary Community Colleges, CSUs, and UCs are
required to provide performance information for consideration of placement on the CA ETPL, but due
to heavy state oversight, investment, and the inability to capture true program outcome data, these
institution types are not required to meet a specific performance threshold to be listed on the CA ETPL.
❑ CONTRACTOR's BPPE accredited shall provide a copy of the provider's BPPE Annual Report (the
Performance Fact Sheet) to document their achievement of the performance criteria if applicable.
❑ ALL Training on the ETPL must be for occupations in in -demand industry sectors identified by the
state, regional or local workforce development boards.
❑ All Training on the ETPL must provide training services that lead to an industry -recognized credential,
national or state certificate, or degree, including all industry appropriate competencies, licensing
and/or certification requirements.
❑ CONTRACTOR understands that all performance data and data submitted on the ETPL must be made
available for data verification by the SAWDB or the State EDD office.
❑ CONTRACTOR must maintain all the relevant records utilized to support the data submitted on ETPL
for audit or monitoring purposes by the SAWDB or the State EDD office.
❑ CONTRACTOR that claim an exemption to BPPE (Section 94874 of the BPPE Act), must apply
and receive a "Verification of Exemption" before being listed on the ETPL. Since it has been
determined that any expenditure of public funds, state or federal, that directly benefits a student to be
student financial assistance, we expect that instances of exemption will be very rare.
❑ CONTRACTOR must have all considered training programs listed with the BPPE, the SAWDB may
verity the data that was submitted to BPPE.
❑ All new and current CONTRACTOR will be required to be registered in Ca1JOBS" and must have
all considered training programs listed with the BPPE match on CalJOBS.
❑ All CONTRACTOR are required to enter performance data for each program to be listed on the ETPL
and provide evidence to the Local Board that they have met the minimum performance criteria
required. Programs that do not include performance data will not be approved for listing on the ETPL.
E)GMIT G
25A-57
❑ CONTRACTOR must have their current course catalogs on file with the SAWDB.
❑ CONTRACTOR agrees to immediately notify (within 10 working days) the SAWDB, in writing, of
any changes in the information submitted with initial agreement.
❑ CONTRACTOR agrees to accept WIOA eligible referrals from the Santa Ana WORK Center on an
individual referral basis.
❑ CONTRACTOR shall not accept nor enroll WIOA participants who do not meet the
CONTRACTOR's entrance requirements, which are to be the same general entrance requirements
required of public students, and agrees to submit a written notification to the Santa Ana WORK
Center's Case Manager stating the reason(s) for non -acceptance.
❑ CONTRACTOR agrees to assist the WIOA client in applying for PELL Grants and any other funds
that might be available to offset the cost to WIOA and to work together with the WIOA client's Case
Manager to ensure all other funding sources are investigated and those funds obtained before
submitting the Vendor Voucher to the SAWDB for payment.
❑ CONTRACTOR agrees to cross out sections of the student enrollment agreement that would hold the
WIOA participant financially responsible for any training related expenses.
❑ Once accepted, CONTRACTOR agrees to enroll the WIOA participant in the course stipulated on the
Vendor Voucher and no other.
❑ CONTRACTOR agrees to invoice the Santa Ana WORK Center, on a cost reimbursement basis, for
third party testing (Microsoft, Novell, A+, etc.) and will provide a copy of the Pass/Fail results at that
time.
❑ Pre -Apprenticeship CONTRACTORS must include a letter of commitment from an approved
apprenticeship program and meet the application policies and procedures required for the type of
program (e.g., community college, private post -secondary, adult education provider, etc.).
❑ CONTRACTOR Apprenticeship Programs registered under the National Apprenticeship Act (NAA)
or recognized by DBJDAS are exempt from initial eligibility procedures. Registered apprenticeship
programs must be included and maintained on the list of eligible providers of training services as long
as the corresponding program remains registered, as described at WIOA sec. 122(a)(3).
❑ CONTRACTOR agrees to allow SAWDB, Santa Ana WORK Center, the State of California, and the
Department of Labor, the WIOA client and any of their duly authorized representatives' access to all
the records regarding the WIOA client for monitoring purposes. The records include any books,
documents, papers, files and computer data directly pertinent to the records of the WIOA participant.
The right to records includes the right to make excerpts, transcripts and photocopies. The right also
includes the right to have reasonable and timely access to personnel for the purpose of interviews and
discussions related to the records of the WIOA participant.
❑ CONTRACTOR agrees to provide progress reports which indicate grades and test scores, as well as
attendance reports, to the WIOA client's Case Manager on a monthly basis.
E)UMIT G
25A-58
❑ CONTRACTOR agrees to notify the WIOA client's Case Manager immediately (within 5 working
days) if the WIOA client is absent for more than 3 days in a row, has sporadic attendance or drops out
of school unless other arrangement are made in writing.
❑ CONTRACTOR agrees to provide a copy of the `reimbursement form" and issue a refund check to
the "City of Santa Ana" for the number of unused training hours and any non -issued training/testing
vouchers, books, tools, etc. due within 30 calendar days after the last day the WIOA client attended
school or the day the school was notified that the WIOA client dropped. Said check to be mailed to
the attention of the WIOA Case Manager, 801 W Civic Center Dr., 9200, Santa Ana, CA 92701.
❑ CONTRACTOR agrees to provide the WIOA Case Manager a copy of the WIOA client's certificate
of completion or diploma or official transcripts within 10 working days of the date of completion or
graduation.
❑ CONTRACTOR agrees to provide the WIOA client with the same level of job search/placement
assistance as provided to the public students and to provide the WIOA Case Manager with all the
pertinent information regarding the placement of the WIOA client within 5 working days of the WIOA
client's first day of employment. A WIOA client has 180 days after completing training to get a job
for the CONTRACTOR to get credit for placement in employment.
❑ I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of
this agency or business to submit this proposal.
❑ CONTRACTOR is not currently on any Federal, State of California, or local Debarment list.
❑ CONTACTOR will provide records to show that we are fiscally solvent, if needed.
❑ CONTRACTOR has, or will have, all of the fiscal control and accounting procedures needed to ensure
that WIOA funds will be used as required by law and contract.
❑ CONTRACTOR has additional funding sources and will not be dependent on WIOA funds alone.
CONTRACTOR will meet the applicable Federal, State, and local compliance requirements. These
include, but are not limited to:
❑ Records accurately reflect actual performance if applicable.
❑ Maintain record confidentiality, as required.
❑ Reporting financial, participant, and performance data, as required.
❑ Comply with State and Federal fiscal and program activity audits.
❑ Complying with Federal and State non-discrimination provisions.
❑ Meeting requirements of Section 504 of the Rehabilitation Act of 1973.
❑ Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey)
E)UMIT G
25A-59
❑ Meeting all applicable labor law, including Child Labor Law standards.
❑ Agree to provide a drug free workplace.
❑ Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability
Coverage in the amount of S 1,000,000.00 policy.
❑ Agree to provide all participants with Grievance Procedures.
❑ Agree to insure proposer's employees through Workers Compensation Insurance (including part-time
employees)
❑ Procurement policies and procedures are in place and meet federal guidelines.
CONTRACTOR will not:
❑ Use WIOA money to assist, promote, or deter union organizing.
❑ Use funds to employ or train of persons in sectarian activities.
❑ Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used
for sectarian instruction or religious worship.
❑ Use WIOA money under this contract to purchase any equipment.
I hereby assure that all of the above are true.
Name Title Date
25A-60
COMPLAINT HANDLING
UNDER THE
Workforce Innovation Opportunity Act
Santa Ana Local Workforce Development Area
Revised May 20, 2019
EXHIBIT H
25A-61
i::cr3i111IIlIIIN
Table of Contents
Information Regarding Complaints 3
A. Nondiscrimination and Equal Opportunity Comp
1. Policy
2. Civil Rights 4
3. Nondiscrimination laws under WIOA 4
4. How to File Your Complaint 5
B. Criminal Complaints 6
II. General Procedures for Handling Non -Criminal Violations of the Act 6
III. Procedures for Handling Complaints at the LWDA
IV. Procedures for Handling Complaints at the State Level 12
V. Procedures for Handling Discrimination Complaints by Participants 15
VI. Procedures for Handling Disability Complaints by Participants 17
GLOSSARY OF WIOA TERMS 20
2
Information Regarding Complaints
A. Nondiscrimination and Equal Opportunity Complaints
1. Policy Statement
In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the
City of Santa Ana Local Workforce Development Area (LWDA) will establish
programs to prepare youth and unskilled adults for entry into the labor force and to
afford job training to those individuals facing serious barriers to employment. Every
effort will be made to provide services necessary for eligible individuals to obtain
productive employment.
In implementing WIOA, all contractors in the Santa Ana LWDA will foster equal
opportunity and non-discrimination, as provided in State and Federal equal
opportunity and non-discrimination laws including, but not limited to:
• Title VI of the Civil Rights Act of 1964
• Title VII of the Civil Rights Act of 1964
• The Age Discrimination Act of 1975, as amended
• Section 503 of the Rehabilitation Act of 1973
• Section 504 of the Rehabilitation Act of 1973
• Title IX of the Education Amendments of 1972
• Section 188 of the Workforce Innovation Opportunity Act of 2014
In keeping with our commitment, no individual shall be excluded from participation in,
denied benefits of, subjected to discrimination under, or denied employment, in the
administration or of in connection with any WIOA funded program because of race,
color, religion, sex, national origin, age, disability, or political affiliation or belief.
Participation in programs and activities financially assisted in whole or in part under
WIOA shall be open to citizens and nationals of the United States, lawfully admitted
permanent resident aliens, lawfully admitted refugee, parolees, and other individuals
authorized by the Attorney General to work in the United States.
No individual will be intimidated, threatened, coerced, or discriminated against
because of filing a complaint, furnishing information, or assisting or participating in
any manner in an investigation, compliance review, hearing or any other activity
related to the administration of WIOA.
Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA)
Program is delegated to the Equal Employment Opportunity (EEO) Officer for the
Santa Ana local Workforce Development Area. Equal opportunity and non-
discrimination, however, will only be achieved through leadership and implementation
of a viable Affirmative Action Equal Opportunity Program.
2. Civil Rights
No one applying for or enrolled in the Workforce Innovation Opportunity Act (WIOA)
programs may be discriminated against because of race, color, creed, disability,
national origin, sex, age, political affiliation, or beliefs.
This means that — for any of the characteristics listed above:
. You may not be denied the opportunity to enroll in WIOA.
No benefits or services may be denied you for discriminatory reasons.
. You may not be segregated or treated any differently from other applicants or
participants, while you are being registered, interviewed, counseled or tested; or
while you are working or attending classes as part of the program.
. You must be provided an equal chance to use all facilities available in the
program.
Fair employment practices must be provided to all staff with regard to recruiting,
hiring, transferring, promotions, training, compensation, benefits, layoff, and
termination.
You have the right to make a complaint if you feel you have been denied any of the
above opportunities. You cannot in any way be penalized for filing a complaint. Your
WIOA sponsor has established a mechanism for handling complaints and grievances.
Your complaint must be filed within 180 days. All complaints will be handled
confidentially.
3. Nondiscrimination Laws under WIOA
Title VI of the Civil Rights Act of 1964
Prohibits discrimination on the basis of race, color, national origin, or religion.
The Age Discrimination Act of 1975
Prohibits arbitrary discrimination against persons' age 40-70.
The Rehabilitation Act of 1973
4
Prohibits discrimination based on disability.
Title IX of the Education Amendments of 1972
Prohibits discrimination in any education or training program or activity receiving
federal financial assistance.
OTHER CIVIL RIGHTS LAWS:
Title VII of the Civil Rights Acts of 1964
Prohibits discrimination in employment based on race, color, religion, sex, or
national origin in all terms and conditions of employment and establishes the
Equal Employment Opportunity Commission as the administrative agency.
White House Executive Order no. 11246 as Amended by Executive Order No.
11375
Creates the office of Federal Contract Compliance and prohibits discrimination
based on race, color, sex, religion, or national origin.
Department of Labor Secretary's Order no. 4-73
Prohibits discrimination based on sex.
Equal Pay Act of 1963
Prohibits pay differential solely because of sex.
Emergency Employment Act of 1971
Prohibits discrimination based on race, creed, national origin, political affiliation, or
beliefs.
4. How to File Your Complaint
a. Put your complaint in writing.
b. Have it sworn to before a notary public, if possible.
c. Provides details that tell what happened, where it happened and when it
happened.
d. Give the name and addresses of all persons who were present or who had
anything to do with the matter.
...Complaints on the basis of race, color, or national origin, age, sex, religion, political
affiliation or belief, retaliation and citizenship, must be filed within 180 days of the
alleged occurrence directly with:
s
Director
Civil Rights Center
U.S. Department of Labor, Room N-4123
200 Constitution Ave., NW
Washington, D.C. 20210
Complaints on the basis of disability must be filed within 180 days of the alleged
occurrence. These complaints must be filed directly with the WIOA administrative
entity. The WIOA administrative entity shall issue a written decision within 30 days of
the filing of the complaint. If the complaint is still unresolved, an appeal may be made
to the Chief of State Workforce Investment Division Office.
The Department of Labor, the Civil Service Commission, the Equal Employment
Opportunity Commission, and many other offices and agencies are committed to
assuring equal employment opportunities for all persons. They will protect you.
A case may be taken to court if the other processes do not yield satisfactory results.
You may hire your own lawyer, or if you cannot afford one, the court may appoint one
for you.
It is unlawful for an employer, union, or employment agency to punish you or any
witness for attempting to present the facts in a case.
YOUR CIVIL RIGHTS UNDER THE
WORKFORCE INNOVATION OPPORTUNITY ACT
Santa Ana Local Workforce Development Area
801 W. Civic Center Drive, Suite 200
Santa Ana, CA 92701
(714)565-2600
B. Criminal Complaints
In accordance with the WIOA and the implementing code of Federal section 667.600....
Federal handling of criminal complaints and report fraud, abuse and other criminal
activity. "All information and complaints involving fraud, abuse or other criminal activity
shall be reported directly and immediately to the City of Santa Ana and the Secretary of
Labor."
II. General Procedures for Handling Non -Criminal Violations of the Act
The following procedure is promulgated to meet the requirements of Title 20, of the Code of
Federal Regulations, Section 186 through 188 of the WIOA regulations, and Section 181 of the
Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the
receipt, investigation, hearing, and resolution of complaints by WIOA participants, sub
recipients, applicants for participation, or financial assistance, labor unions, community based
organizations, or any other persons.
These procedures provide for resolution of non -criminal complaints arising from the operation of
the Santa Ana LWDA.
A complaint is defined here as a written expression by a party alleging a violation of the Act,
regulations promulgated under the Act, recipient grants, sub agreements, or other specific
agreements under the Act, including terms and conditions of employment of such participants in
employment training programs. All complaints, amendments and withdrawals shall be in
writing. These procedures are intended to resolve matters which concern policies, procedures
or action(s) arising in connection with WIOA programs operated by each LWDA grant recipient
and sub recipient under the Act.
These procedures shall not be construed as affecting any other available legal remedy outside
of the WIOA complaint process (i.e., disputes regarding terms and conditions of employment of
any employee who is not a participant), either separately or simultaneously, that a person may
wish to pursue in the resolution of a non-WIOA complaint. Also, these procedures do not
restrict the LWDA grant recipient staff in carrying out informal discussion
Procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion and
resolution of any problems outside of and without resort to the formal complaint procedure.
A. The following principles and rules apply to all complaints at all steps of the complaint
procedures:
All complaints must be made in writing within 180 days of the alleged occurrence,
except complaints alleging fraud or criminal activity.
2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or
discrimination. Good faith efforts shall be made to informally resolve the complaint
prior to the scheduled hearing. Complainants have the right to withdraw their
complaints (in writing) at any time prior to the hearing. A complainant may amend
his/her complaint to correct technical deficiencies but not to add issues.
3. Complainants shall have the right to be represented at their own expense by
person(s) of their choosing at all levels of the complaint process.
4. Upon enrollment into employment or training, participants shall be provided with a
written description of these procedures, including notification of their right to file
complaints and instructions for filing.
An employer of participants, including private -for -profit employers of participants, may
use this or other complaint resolution procedures so long as the participant is
informed of the complaint resolution procedure they are to follow and the time frames
governing review of complaints are met.
A "participant", within the meaning of these procedures, is an individual who receives
employment -training services under a program funded by Santa Ana LWDA. The
Complaint Resolution Procedures contained herein (or the alternative procedures
which an employer may use) shall be available to participants to resolve disputes
regarding items and conditions of employment of such participants in employment
training programs. However, such procedures shall not be used to resolve disputes
regarding terms and conditions of employment of any employee who is not a
participant, as defined herein.
5. If a complaint does not receive a decision at the LWDA grant recipient level within 60
days of filing the complaint or receives an unsatisfactory decision, the complainant
then has a right to request a review of the complaint by the Governor.
6. Complainants must initially file and exhaust LWDA grant recipient/hearing procedures
prior to appealing to the State except where the State determines that the LWDA
grant recipient's procedures are not in compliance with the State's procedures.
III. Procedures for Handling Complaints at the LWDA Level
A. Receipt Complaints
Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA
administrative entities have the responsibility to conduct hearings and resolve complaints
made by individuals about the administration of programs in the LWDA. "LWDA level"
encompasses LWDA administrative entity and employers to which the administrative entity
has delegated the complaint resolution process. The following comprise the guidelines for
resolving issues arising in connection with WIOA programs operated by the Santa Ana
LWDA including resolutions of complaints arising from actions, such as audit disallowances
or the imposition of sanctions taken by the Governor with respect to audit findings,
investigations or monitoring reports.
1. Form and Filing of Compliant
Official filing date of the compliant is the date the written complaint is received. The filing
of the complaint with the Santa Ana LWDA Equal Employment Opportunity Officer shall
be considered as a request for hearing and a decision must be issued within 60 days.
The complaint must be in writing and must be signed and dated. The complaint should
also contain the following information:
a. Full name, telephone number, if any, and mailing address of the complainant;
b. Full name, telephone number, and mailing address of the agency involved (respondent);
c. Clear and concise statement of facts including dates constituting alleged violation;
d. What provisions under the Act, regulations, grant or other agreements under the Act, are
believed to have been violated;
e. Remedy sought by the complainant; and
f. If the complainant is a private or public entity or corporation, and not a natural person,
the filing of the complaint must be duly authorized by the governing body of such entity
or corporation.
The absence of any of the requested information shall not be a basis for dismissing the
complaint.
A copy of the complaint must be sent to the respondent and both parties notified of the
opportunity for an informal resolution. At each step of the complaint process, the complainant
must be notified in writing of the next procedural step.
2. Informal Conference
Informal conferences will be utilized by the Santa Ana LWDA to resolve complaints;
however, such informal conferences shall not extend the time within which a decision
must be issued after receipt of a complaint. Attempts at informal resolution will
commence with two (2) weeks of the date of filing of the complaint.
a. The EEO Officer will review the case and ascertain facts prior to the conference so that
appropriate resolution can take place at the time of this meeting whenever possible.
b. Although the complainant should be encouraged to attend this conference, his/her failure
to do so should not preclude his/her right to request a hearing on the matter.
c. If mutually satisfactory resolution results and the Santa Ana LWDA concurs, the EEO
Officer will write a brief report for the file stating the issues and resolution. The matter
shall then be considered closed.
d. If resolution does not result, the complainant shall be provided the necessary information
and assistance to request a hearing if he/she so desires.
3. Request for Hearing
a. As in the case of the complaint, the request for a hearing should be put in writing and
be filed in person or by mail. A governing board resolution of authorization to appeal
should also be submitted when appropriate. The request should be filled with:
Jennifer Sommers
Sr. Personnel Analyst — EEO Officer
20 Civic Center Drive, M-24
Santa Ana, CA 92701
(714)647-5348
9
b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of
filing of the complaint.
4. Notice of Hearing
Upon receipt of the request for hearing, the complainant and the respondent will be
notified in writing of the hearing ten (10) calendar days prior to the date of the hearing.
The ten-day notice may be shortened with the written consent of the parties. A decision
will be issued by the Santa Ana LWDA within sixty (60) days of the date of filing of the
complaint.
The hearing notice shall be in writing and contain the following information:
a. The date of notice, name of the complainant, and the name of the party against whom
the complaint is filed.
b. The date, time and place of hearing before an impartial hearing officer.
c. A statement(s) of the alleged violation(s)
d. Advise as to where information or assistance may be obtained, and the name, address,
and telephone number of the Santa Ana LWDA Equal Employment Opportunities (EEO)
Officer who can answer inquiries.
B. Conduct of Hearing
The hearing shall be conducted in an informal manner with strict rules of evidence not
applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to
enable adjustment to the circumstances presented.
The hearing officer shall have complete independence to obtain facts and make
decisions. The hearing officer shall be in a position to render impartial decisions and
thus should not be subordinate to the Santa Ana LWDA or its sub recipients. The
hearing officer will be selected from a list of names on file with the EEO Officer.
2. Full regard must be given to the requirements of due process to insure a fair and
impartial hearing.
The hearing office designated by the EEO Officer to function in a quasi-judicial capacity
should begin the hearing by summarizing the record and the issue and should explain
the manner in which the hearing will be conducted, making sure that everyone involved
understands the proceedings. Such explanations should be adapted to the needs of the
specific situation. The hearing officer might take testimony under oath or affirmation to
give some assurance of veracity to the hearing.
10
4. The burden of proof should be reasonable and flexible, dependent upon the
circumstances of the case involved. The hearing officer determines the order of proof.
Generally, the party making the complaint has the obligation of establishing his or her
case and should be examined first.
The party involved should have the right to be represented (at their own expense)
he/she so desires. Other he/she is limited to his/her own abilities and those to the
hearing officer in obtaining testimony in the case.
6. It is important that the hearing officer obtain the fullest information for the record. If the
parties involved, or their representatives, do not know how to ask the right or pertinent
questions in pursuing their right to due process, it shall be necessary for the hearing
officer to step in to have all the materials and relevant facts elicited.
The practice in informal hearings is generally not to apply strict rules of evidence in
obtaining facts. However, the quantity of evidence required to support a decision on an
issue should be sufficiently credible that the state (or other appropriate agency), upon
reviewing the decision, would conclude that the decision is supported by substantial
evidence.
8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior
to the conclusion of the hearing.
9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a
recommended decision to the LWDA for final determination. The recommended decision
shall be in writing and may be accepted, rejected or modified by the Santa Ana
Workforce Development Board.
C. Issuance of Decision
Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA shall issue a
written decision to all parties by first class mail. The final decision shall contain the following
information:
1. The name of the parties involved.
2. A statement of the alleged violation and issues related to the alleged violation.
3. A statement of the facts.
4. The decision and the reasons for the decision.
5. A statement of corrective action, if any, to be taken.
6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a
review of the decision by the State Review Panel.
D. Record of Hearing
An administrative file containing support documents on the complaint resolution process
hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to
serve as substantiation of the process followed by the Santa Ana LWDA on the resolution of
the issues and the results. This information would then be available for subsequent review
in the event the matter is raised with the State. Such records must be retained for a three-
year period after the grant has been officially closed out.
The Santa Ana LWDA's written decision will be included in the record. Evidence received at
the hearing, notes by the hearing officer, stenographer's notes and tape recordings may
also be used.
E. Establishment of Complaint Procedures
In accordance with Section 683.600, each employing agency including private -for -profit
employers of participants under the Act is required to establish a complaint procedure for
resolving matters relating to the terms and conditions of employment. Employers may
operate their own grievance system or may utilize the Santa Ana LWIDA's established
procedures under Section 683.600. At a minimum these procedures must include:
1. Written notice, upon enrollment into employment training services, of the scope and
availability of such procedures. Employer's grievance procedures shall be set forth in a
written document and must meet the regulation mandate that a complaint will be
resolved with sixty (60) days from the date the complaint was filed. A copy of employer's
grievance procedure shall be provided to each participant upon enrollment in
employment training.
2. Written notice, at the time the grievance is filed, of the procedures under which the
grievance will be processed.
Written notification of the disposition of the grievance and a written decision shall be
issued within thirty (30) days of the filing of the grievance unless a present and long
established grievance specifically provides other limits; and
4. Written notification of the participant's right to request a review of the employer's
decision by the Santa Ana LWDA and the State Review Panel in accordance with
Section 683.600.
IV. Procedures for Handling Complaints at the State Level
Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires
the Governor to establish a State Review process of complaints filed at the LWDA grant
recipient level and of complaints initially filed at the State level.
Appeals of decisions issued at the LWDA level including audit disallowances and sanctions
shall be reviewed by the State Review Panel. The State Review Panel shall review the record
12
established at the LWDA level and shall issue a decision based on the information contained
therein.
Complaints which may be initially filed at the State level will be heard by an independent
hearing officer designated by the State Workforce Investment Division (WID). The hearing
officer shall conduct a hearing and issue a recommended decision to the State Panel. The
recommended decision shall be in writing and may be accepted, rejected or modified by the
State Review Panel.
A. Form and Filing of Complaint.
1. Request for State Review of LWDA Level Decisions
On receipt of a complainant's request for review because of an unsatisfactory decision,
the State shall provide for an independent state review.
2. Filing of Requests for State Review
The State Review Panel shall review all LWDA level decisions when a request for review
is filed within 10 days of receipt of the adverse decision. Such requests must be filed in
writing with the Chief of the WID Office. The request for review should contain the
following information:
a. Full name, address, and telephone number of the party requesting the review
b. Full name, address, and telephone number of the other party
c. A copy of the decision
d. Brief statement of reasons for review or the section of the LWDA decision to be
reviewed including regulatory and statutory citations
e. A statement of the relief sought.
3. Complainant Responsibility
It is the responsibility of the complainant to include in the request for review a written
statement setting forth the facts presented at the LWDA hearing which support the
requested relief.
The Chief, WID, shall mail a copy of the request for review to the other party and to the
LWDA. It shall be the responsibility of the LWDA to submit the complete record including
a typed record of the hearing to the Chief, WID, within ten (10) days.
B. Conduct of Hearings.
1. Request for Hearing at the State Level
13
If no decision has been issued at the LWDA level or the State has determined an audit
disallowance or imposed sanctions, the complainant may request a hearing. The
hearing officer will then issue a recommended decision to the State's Review Panel for
final determination.
2. Filing for Request for Review
The request for a State hearing shall be filed within ten (10) days after LWDA should
have issued a decision or ten (10) days after the issuance of the audit disallowance or
sanction. The request shall be filed directly with the Chief of the WID in writing and
should include the following:
a. Full name, address, and telephone number of the LWDA
b. Name, address, and telephone number of the LWDA
C. Copies of complaints made at LWDA level from which no decisions were
issued or sanctions and imposed.
d. A statement of basis for the request for hearing.
3. Evidentiary Hearing
Upon receipt of the request for a State level hearing, a hearing before a designated
hearing officer will be scheduled.
The hearing will be recorded mechanically or by court reporter.
Both parties concerned will have the opportunity to present oral and written testimony
under oath, to call and question witnesses in support of his/her position, to present oral
and/or written arguments, to examine records and documents relevant to the issue(s),
and to be represented.
The hearing officer shall issue a written decision, which shall be forwarded to the State
Review Panel for final determination.
The State Review Panel may accept, reject or modify this recommendation. The
decision of the State Review Panel is final except for audit disallowances, which must be
approved by the Secretary of Labor
C. State Review Panel
The State Review Panel will consist of a panel of three representatives from the
Employment Development Department: one from the Legal Offices, one from the WID,
and one from the Director's office. The panel will issue a written decision, which will be
sent to the appropriate parties within thirty (30) days of receipt of the request for State
review.
14
y q _
�L_ 1 I
Decisions issued by this panel, under the authority of the Governor, are final.
D. Issuance of State Review Decision.
The State review will be limited to violations of the WIOA, implementing WIOA regulations or
the grant agreement. This review shall be limited to the record established at the LWDA
hearing.
V. Procedures for Handling Discrimination Complaints by Participants.
A. Complaints on the basis of race, color, or national origin, age, sex, religion, political
affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180
days of the alleged occurrence.
1. It is the responsibility of the Santa Ana LWDA's Equal Employment Opportunity (EEO)
Officer to determine jurisdiction and to make the complainant aware of and provide
assistance in filing a complaint in accordance with the Santa Ana LWDA's procedure
under Section II (A).
15
PROCEDURES FOR HANDLING NON -CRIMINAL COMPLAINTS
No later than
180 days of
alleged
discrimination
Within 10 days of
receipt of
unsatisfactory
decision or 10
days from date
LWDA decision
should have been
issued.
Handling of complaints filed at LWDA level arising in connection with
WIOA programs operated by LWDAs
Informal Resolution Process
Unsatisfactory Decision or LWDA Decision not issued within 60 days
Request for State Review �_, W
Governor's Decision issued by State Review Panel
If no decision issued by State Review Panel
Appeal to DOL
16
0
O
0
I
2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to
advise the complainant of the existence of State, Federal and other proper action
agencies, which may also have a bearing.
3. Complainants alleging discrimination under this part will be made aware of their right to
file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and
applicable procedures.
4. Complainants must file their complaint directly with:
Jennifer Sommers
Sr. Personnel Analyst — EEO Officer
20 Civic Center Drive, M-24
Santa Ana, CA 92701
(714)647-5348
VI. Procedures for Handling Disability Complaints by Participants
Complaints alleging discrimination on the basis of disability will be filed and processed under
the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973
at 29 Code of Federal Regulations Section 32.
1. Complaints must exhaust the Santa Ana LWDA's informal resolution procedures
before filing their complaint with OCR.
2. Complainants will be made aware of the 180 days requirement in which to file his/her
complaint.
A. Procedures at the LWDA Level
1. The complainant shall file his/her complaint directly with the Santa Ana LWDA. Upon
receipt of the complaint, the EEO Officer shall investigate and gather information
concerning the complaint.
2. An informal conference will be held with the parties concerned in an effort to resolve the
issue(s). The complainant has the right to be present and may be represented during
the conference.
3. The Santa Ana LWDA shall issue in writing its decision to the complainant no later than
thirty (30) days after the filing of the complaint.
B. Procedures at the State Level
1. The complainant may appeal to the State if he/she is not satisfied with the decision of the
Santa Ana LWDA.
17
2. The Complainant must file his/her appeal as a request for review directly with the Chief
WID within ten (10) calendar days after the receipt of the Santa Ana LWDA's decision.
3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt
of the request for review.
4. After the complainant has received a decision or no decision has been received from the
Director of Employment Development Department (on behalf of the Governor), the
complainant has the right to appeal his/her complaint within thirty (30) calendar days to
the Office of Civil Rights (OCR) with the Department of Labor.
18
PROCEDURES FOR HANDLING COMPLAINTS ON BASES OF DISABILITY
No later than
180 days of
alleged
discrimination
Filed within 30
days of
LWDA/State
Decision or 90
days from date of
initial filing of
complaints
Filing of complaint on the basis of Disability with LWDA
Informal Resolution
If no resolution reached
Request for Hearing
Notice of Hearing
Hearing Conducted
LWDA Decision
Unsatisfactory Decision or No Decision
State Review
Governor's Decision
Appeal to Assistant Secretary Department of Labor
19
Day 1
Day/45 Day
60 Days
i::cr3i111IIlIIIN
GLOSSARY OF WIOA TERM
AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on
the basis of age by any program or activity receiving Federal Funds.
APPLICANT — An individual who applies to a subrecipient or contract for services provided under
WIOA and who has not yet transitioned to the status of participant.
ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities
and interests and to develop a plan to achieve the participant's employment and related goals; also to
identify the available employment and traning activities appropriate for the participant. Testing and
counseling may also be used during assessment process.
CHARGING PARTY (CP), COMPLAINANT, GRIEVANT, OR AGGRIEVED PERSON — The person
who charges that he/she has been discriminated against under Department of Justice
nondiscrimination and civil rights regulations and/or guidelines.
DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the
effect of an action, policy or practice which selects an individual or class of persons to receive
unequal treatment.
ELIGIBLE NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees,
and parolees and other individuals authorized by the Attorney General to work in the United States.
EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended,
including state and local governments and any Federal agency subjects to the provisions of Section
717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by
executive Order 11246, as amended.
GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some
equitable or legal right, or causes injustice .
INDIVIDUAL WITH A DISABILITY — Any individual who has a physical or mental disability that
constitutes or results in a substantial challenge to employment.
INTAKE — Includes screening to determine eligibility; to select from eligible applicants those
individuals who are most in need and can benefit from program services; to complete procedural
requirements necessary to enroll an individual into the program and to refer those not enrolled to
other programs.
JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal
Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC
unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in
employment and other practices and pattern or practice "joint complaints" are normally investigated
by OCR.
20
JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a
law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc.
PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake;
and (2) Who is receiving subsidized employment, training or services (except post -termination
services) funded under the Act, following intake, except for an individual who receives only outreach
and/or intake and assessment services.
21
ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California
92702; its officers, employees, agents and volunteers are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by
or on behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additional to or contributing with any other insurance carried by or for
the benefit of the additional insureds.
3. This insurance applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right which
such person or organization would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be
canceled, or materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92702.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
ax-lk
REQUEST FOR
COUNCIL ACTION _
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
APPROVE AGREEMENT WITH
ILLUMINATION FOUNDATION IN THE
AMOUNT OF $1,595,406 TO OPERATE
THE LINK SHELTER
(NON -GENERAL FUND)
/s/ Kristine
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
❑
As Recommended
❑
As Amended
❑
Ordinance on 1sl Reading
❑
Ordinance on 2i1 Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
1�1��►U1�1:7q:7
RECOMMENDED ACTION
1. Authorize the City Manager to execute an Operator Agreement with Illumination Foundation for
the Link shelter, from October 15, 2020 to March 31, 2021 for a total amount not to exceed
$1,595,406, subject to non -substantive changes approved by the City Manager and City
Attorney.
2. Authorize the City Manager to execute a Funding Agreement for the use of ESG-CV and ESG
CV 2 from the United States Department of Housing and Urban Development from October 15,
2020 to June 30,2021, subject to non -substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
On September 18, 2018, the City Council approved an agreement with Mercy House Living
Centers, Inc. (Mercy House) to operate an interim Emergency Homeless Shelter in Santa Ana for
a period of one year, with the option to renew for up to one additional year. Over the last two years,
the contract with Mercy House was amended to authorize additional funds and to renew the one-
year contract through October 14, 2020.
On June 16, 2020 City Council authorized the City Manager to execute an Operator Agreement,
with Illumination Foundation to operate a Year -Round Homeless Navigation Center and
Recuperative Care Facility at 1815 Carnegie Avenue in Santa Ana that included tenant
improvements and structural work. Illumination Foundation's proposed schedule for the new
shelter included a timeline with occupancy in the fall of 2020. Since the time of approval, it became
apparent that the project was more involved than originally anticipated due to a variety of items,
including seismic upgrades, asbestos resolution, and roof upgrades. Because of the unanticipated
work, occupancy of the shelter will be delayed several months. While the Carnegie shelter is
constructed, the Link shelter will continue operation as usual. During the construction phase, the
City will pay the monthly base rent at the new site, but no operational cost.
25B-1
Approve Agreement With Illumination Foundation
October 6, 2020
Page 2
Given that the Link Operator agreement was expiring, Mercy House applied and was selected as
the Operator of a new homeless shelter for the City of Huntington Beach, which is scheduled to
open in November 2020. Since Mercy House was unable to extend their contract at the Link, it is
recommended that Illumination Foundation step in as the Operator of the Link shelter and remain
onsite until all guests at the Link have transitioned to the new Carnegie shelter or have exited to
other successful housing placements. Introducing Illumination Foundation to the existing guests
at the Link shelter provides a comfortable transition for guests prior to relocating to the new shelter.
Funding allocated below provides five and one half months of operation of the Link. Should
additional time and resources be necessary, the agreement may be amended by the City Manager.
In addition, should the funding identified below not be fully expended for the Link shelter, it shall
count toward the amount of funds due for the agreement with Illumination Foundation as Operator
of the new Carnegie shelter.
FISCAL IMPACT
If the recommended action is approved, the anticipated expenditure plan is as follows:
Fiscal
Accounting
Accounting Unit,
Year
Unit -Account
Fund Description
Account Description
Amount
#
FY 2020-
Emergency
21
13518789-
Solutions Grants
ESG-CV2 Grant, Payment
$1,425,453.03
(Oct.-
69135
COVID 2
to Subagent
Mar.)
FY 2020-
Emergency
21
13518789-
Solutions Grants
ESG-CV Grant, Payment
169,952.97
(Oct.-
69135
COVI D
to Subagent
Mar.)
Total:
$1,595,406
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and
Management Services Agency
Submitted By: Steven A. Mendoza, Executive Director — Community Development Agency
Exhibits: 1. Agreement with Illumination Foundation to operate the Link Shelter
2. ESG-CV and CV2 agreement
25B-2
AGREEMENT WITH THE ILLUMINATION FOUNDATION TO
OPERATE THE LINK EMERGENCY SHELTER
On the 6"' day of October, 2020, THIS AGREEMENT was presented to the City Council of 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") detailing the terms and conditions
provided below for The Illumination Foundation ("Contractor"), to operate The Link Emergency
Shelter.
RECITALS
A. The City desires to retain a contractor to administer and operate The Link Emergency
Shelter in the City of Santa Ana ("Shelter") commencing October 15, 2020.
B. On September 18, 2018, City Council approved an agreement with Mercy House Living
Centers, Inc. ("Mercy House") to operate an interim Emergency Homeless Shelter in Santa
Ana, which became known as The Link Emergency Shelter. The contract with Mercy
House expires October 14, 2020.
C. On June 16, 2020, City Council approved an agreement with Contractor to operate a Year -
Round Homeless Navigation Center and Recuperative Care Facility at 1815 Carnegie
Avenue in Santa Ana. While the Carnegie shelter is constructed, the Shelter will continue
operation.
D. Mercy House was unable to extend their agreement at the Shelter, so Contractor will serve
as the operator of the Shelter and remain onsite until all guests at the Shelter have
transitioned to the new Carnegie shelter or have exited to other successful housing
placements.
E. Contractor is qualified by experience, preparation, organization, staffing, and management
to operate programs on behalf of homeless individuals and is familiar with existing homeless
services in the City.
F. 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 contracting 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
a. Contractor shall provide all premises, approvals, facilities, labor, staffing, training,
equipment, services, and items (collectively, the "Services") appropriate and necessary
to fully and adequately perform, and shall perform, the Scope of Services established
for the Shelter as described in the Scope of Services attached hereto as Exhibit A and
incorporated in full. All Services shall be performed at the Shelter Site, included within
the City's SB-2 zone (Senate Bill 2 Building Homes and Jobs Act), secured by the
Contractor and acceptable to the City, and in accordance with the provisions of this
Agreement and all applicable local, state, and federal laws, rules, and regulations.
b. Contractor shall ensure that any equipment purchased with funds pursuant to this
Agreement, and utilized for and at the Shelter, will be disposed of in accordance with
the direction of the City (subject to the rights of the landlord under the Assignment).
In addition, all equipment furnished to the Contractor by the City and/or purchased by
the Contractor with funds pursuant to this Agreement, will be limited to use within the
activities outlined by this Agreement and will remain the property of the City (subject
to the rights of the landlord under the Assignment). Upon termination of this
Agreement, Contractor will immediately return all equipment to the City or dispose of
it in accordance with the direction of the City (subject to the rights of the landlord under
the Assignment).
2. EFFECTIVENESS AND TERM OF AGREEMENT
a. The Shelter is located at 2320 Redhill Avenue in Santa Ana ("Site"). This
Agreement shall not become effective unless and until the Site for the Shelter and
Services has been secured by Contractor as evidenced by a signed assignment of
lease, or other signed written instrument, to the City's satisfaction ("Assignment"),
provided that if the Assignment is not executed on or before October 15, 2020, this
Agreement shall be void and have no force and effect.
b. This Agreement will commence upon the date first written above and continue
through March 31, 2021 ("Term"), unless terminated earlier in accordance with
Section 15, below. Services shall commence on October 15, 2020 ("Effective
Date"). If this Agreement expires or is terminated, Contractor shall assign the
Assignment as directed by the City. The term of this Agreement may be extended
upon a writing executed by the City Manager and the City Attorney.
C. The City acknowledges that Contractor is entering into the Assignment in reliance
on the City's performance of its obligations under this Agreement. The City shall
indemnify, defend and hold harmless Contractor from any loss, claim or damage
arising out of or resulting from any breach by the City of its obligations under this
Agreement, including without limitation the City's failure to pay sums required
hereunder which Contractor will rely upon to fulfill Contractor's obligations under
the Assignment. The Contractor acknowledges that City is entering into this
Agreement in reliance on the Contractor's performance of its obligations under this
Agreement and the Assignment. The Contractor shall indemnify, defend and hold
harmless City from any loss, claim or damage arising out of or resulting from any
breach by the Contractor of its obligations under this Agreement or the Assignment,
including without limitation the Contractor's failure to operate the Shelter and
Services required hereunder which City will rely upon to fulfill City's obligations
under this Agreement, but excluding the Contractor's failure to pay sums to be
funded by the City under this Agreement.
3. COMPENSATION
a. From and after the Effective Date, City shall pay Contractor the monthly fee as
compensation for all Services rendered under this Agreement during the Term as
provided in Exhibit B. An audit of expenses will be conducted on a semi-annual
basis to reconcile any over or under -payment of expenses by the City. In the case
of the former, Contractor shall credit the City the amount of over -payment in the
immediate period. In the case of the latter, the City shall pay the Contractor the
amount of the under -payment.
C. The total sum to be expended under this Agreement shall not exceed $1,595,40G.
d. Contractor shall submit an invoice to the City (evidencing fees, costs or services
performed, subject to City accounting procedures) when Contractor needs funds
provided for in the Exhibit B. City shall pay Contractor the invoiced amounts
within thirty (30) days following receipt of proper invoice.
e. The compensation required pursuant to this Agreement will be paid by City to
Contractor from multiple federal, state, and local funding sources (each
individually a "Funding Source" and cumulatively the "Funding Sources"),
including, but not limited to, the following:
i. ESG-CV
ii. ESG-CV2
Contractor will be required to enter into a separate funding agreement for each
Funding Source. Contractor will be required to comply with all requirements of
each Funding Source, as detailed in the separate funding agreements. The total
amount of compensation in said funding agreements shall count toward the total
amount due and owing from City to Contractor under this Agreement, not
compensation in addition to the total amount of this Agreement. If Contractor does
not execute any of the separate funding agreements, Contractor will forfeit that
amount of funding from that Funding Source, and City will have the option to
terminate this Agreement pursuant to the terms of Section 15, below. Additionally,
in the event any Funding Source is reduced by 25% or more, City will have the
option to terminate this Agreement pursuant to the terms of Section 15, below.
4. SERVICE DELIVERY MONITORING
The City Manager or his or her designee shall have the right to access all activities and
facilities operated by Contractor under this Agreement. Facilities include all files, records, and
other documents related to the performance of this Agreement (except for any such materials which
Contractor is required by law to keep confidential). Activities include attendance at staff, board
of directors, advisory committee and advisory board meetings, and observation of on -going
program functions. Contractor shall permit on -site inspection of the Shelter by City and ensure
that Contractor's employees and board members furnish such information, as in the reasonable
judgment of the City may be relevant to the question of compliance with contractual conditions,
or the effectiveness, legality, and achievements of the Services.
5. REPORTING
Contractor shall provide to the City written reports of the Services as required, or upon
reasonable request from the City, in a format to be approved by the City.
6. 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, ajoint 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.
INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $5,000,000 per occurrence. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as
additional insured(s); (b) be primary and not contributory with respect to insurance
or self-insurance programs maintained by the City; and (c) contain standard
separation of insureds provisions. City agrees that the liability insurance carried by
Contractor under the Assignment shall satisfy the requirements of this Section.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles. City agrees that the
liability insurance carried by Contractor under the Assignment shall satisfy the
requirements of this Section.
C. Workers' Compensation Insurance. In accordance with the California Labor Code,
Contractor, if Contractor has any employees, is required to be insured against
liability for workers' compensation or to undertake self-insurance. Prior to
I
commencing the performance of the work under this Agreement, Contractor agrees
to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident. City agrees that the liability insurance carried by
Contractor under the Assignment shall satisfy the requirements of this Section.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
C. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be famished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
(iv) Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
(v) Contractor shall supply City with a fully executed additional insured
endorsement.
If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to terminate this Agreement. Such termination shall not affect
Contractor's right to be paid for its time and materials expended prior to notification
of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
By Contractor. Contractor agrees to and shall indemnify, defend, and hold harmless the
City, its officers, agents, employees, consultants, special counsel, and representatives from
liability: (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 operations or willful misconduct of the Contractor or its, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in section
1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation,
PG.7Vf /
restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by
reason of the events referred to in this Section or by reason of the terms of, or effects, arising from
this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for
the defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terns of, or effects arising from this Agreement.
Contractor's indemnification obligations hereunder shall not extend to any claims to the extent
caused by the City's negligence, willful misconduct or breach of this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceeding. Contractor's
indemnification obligations in this section shall survive expiration of this Agreement.
By City. City agrees to and shall indemnify, defend, and hold harmless the Contractor, its
officers, agents, employees, consultants, special counsel, and representatives from liability for
personal injury, damages, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property damage, which may arise from the operations or
willful misconduct of the City or its subcontractors, agents, employees, or other persons acting on
their behalf which relates to the subject matter of 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. City's
indemnification obligations hereunder shall not extend to any claims to the extent caused by
Contractor's negligence, willful misconduct or breach of this Agreement. Contractor may make all
reasonable decisions with respect to its representation in any legal proceeding. City's
indemnification obligations in this section shall survive expiration of this Agreement.
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 (except for any such materials which
Contractor is required by law to keep confidential). 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 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 the performance of services specified under this
Agreement.
12. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or 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 number:
With courtesy copies to:
To Contractor:
City Manager
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Fax:
The Illumination Foundation
1091 N. Batavia St.
Orange, CA 92867
Attn: Paul Leon, CEO
Fax number:
P2 Bf 19
With courtesy copies to:
Steven J. Dzida, Esq.
Dzida, Carey & Steinman
3 Park Plaza, Suite 750
Irvine, CA 92614
Fax: 949/399-0361
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral
or written, between the parties. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
14. ASSIGNMENT
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 of this Agreement performed by City personnel or by other contractors or consultants
retained by City. No assignment by the City of its rights or obligations under this Agreement shall
relieve the City of any of its obligations under this Agreement.
15. TERMINATION
This Agreement may be terminated by the City for default by Contractor, or as otherwise
prescribed by the terms of this Agreement, upon sixty (60) days written notice of termination,
which notice shall set forth with specificity the cause for termination. Contractor shall have an
opportunity to cure any alleged default for a period of thirty (30) days after receipt of the notice of
termination. If Contractor has cured the alleged default in the reasonable opinion of City, then this
Contract shall not be terminated. If this Agreement is terminated, Contractor shall be entitled to
receive and the City shall pay Contractor compensation for all services performed by Contractor
P`=' i
and costs incurred or accrued by Contractor (under the Assignment) prior to Contractor's receipt
of such notice of termination. If the Agreement is terminated, Contractor shall assign its rights
and obligations under the Assignment to the City and, unless Contractor is released from all
subsequent liability by the landlord under the Assignment, the City shall indemnify, defend and
hold Contractor harmless from any loss, claim or damage arising from any default by Lessee under
the Assignment after the effective date of such assignment.
16. NONDISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities or in connection with any activities under this Agreement.
Contractor affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
17. GOVERNING LAW AND 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. MISCELLANEOUS PROVISIONS
a. Each person signing this Agreement on behalf of Contractor represents and
warrants that its signature herein below has the power, authority and right to bind
Contractor 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. Each person signing this Agreement on behalf of City represents and
warrants that its signature herein below has the power, authority and right to bind
the City to each of the terms of this 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 Agreement.
(Signatures on followingpage)
L5-19211
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
CITY OF SANTA ANA
Kristine Ridge
City Manager
ATTEST:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: C
Ryan O.
FOR APPROVAL:
Steven Mendoza
Executive Director
Community Development Agency
EXHIBITS:
A — SCOPE OF SERVICES
B — OPERATING BUDGET
CONTRACTOR
Name: John H. Ing
Title: Chief Financial Officer
28-9 11
NAVIGATION CENTER SCOPE OFSERVICES
CASE MANAGEMENT
A Case Manager's primary fitnction is to connect clients to an array of social services,
entitlements, Food Stamps, Medi-Cal, and assist clients with completing any applications for
SSI, SSDI, Unemployment or retirement benefits. In addition, a Case Manager will work
closely with the client to secure vital documents needed to obtain permanent housing such
as:Birth Certificate, Driver's License or ID card, Social Security card, Passport, etc. Case
Managers will also be the primary point of contact when assisting clients through legal issues,
homeless court, and traffic tickets. Case Managers meet weekly, and at times much more
frequently with clients to develop goals, to obtain and maintain housing, and to become
stable and active in the community at large. Most importantly, Case Managers assist
Housing Navigators when preparing a client for permanent housing.
HOUSING NA VIGA TIONAND SUSTAINABILITPSERVICES
Housing Navigators support Case Managers as they work with clients to gain housing. A
Housing Navigator's job is to cultivate and maintain housing inventory suitable to meet the
needs of our clients. Housing Navigators assist clients when navigating the Housing Authority
and the housing voucher system, landlord/tenant relations, rights and responsibilities of tenants.
In addition, Housing Navigators can assist clients with a"hands on" approach when doing
walkthroughs of potential units and introductions of the landlord and client. Housing Navigators
assist clients from the housing application process through to the move in. Housing Navigators
continue to support clients in housing as retention and stabilization specialists as well.
SITE/PR O GRAM MANA GEMENT
The Site Manager is responsible for the day-to-day supervision of the facility and all staff
assigned to the facility. Site Managers will maintain the facility up to city building codes and
contractual obligations at all times. Site Managers serve as arbiter in client issues, and set
standards of performance for all direct reports. Additionally, Site Managers will track and report
on all contractual data and outcome reporting.
SITE CLEANLINESS
Site Assistants' primary function is to assist clients with their day-to-day needs including but not
limited to: bedding, hygiene supplies, storage of personal items, transportation to and from
appointments, laundry or food service where a client is physically incapable of completing these
tasks without assistance. Site Assistants will also be responsible for the daily upkeep and
cleanliness of the facility. In addition, a Site Assistant's role is to engage each client on a daily
basis, build trust and rapport and ultimately a relationship that will allow for mutual
communication and respect. This foundation is instrumental in addressing emergent issues with
clients, and assisting in crisis de-escalation.
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25B-14
SUBSTANCE USE COUNSELING
The role of the Substance Use Counselor is to address clients who by their own admission suffer
from the negative impact of substance use in their lives. Counselors will use a "Harm Reduction"
approach when making contact with clients. The Harm Reduction model recognizes that each
individual has the right to self-determination. We have had success with this approach, seeing
numerous clients modify or discontinue use of substances. Counselors will be able to reflect back
some of the negative and lasting effects that substance use may be having in a client's life, and
offer them the therapeutic tools and support to build their own customized Recovery Plan.
BEHAVIORAL HEALTH THERAPY
The role of the Behavioral Health Therapist is to build trust and rapport with the client in an
attempt to address possible past traumatic episodes. Using evidence -based practices, a
Behavioral HealthTherapist who is able to gain the trust of their client can, in many cases,
deliver services that assists the client with processing their past life experiences that have kept
them from being able to move forward into stability. This plays a key role in preparing long-term
or chronically homeless individuals for the possibility of being housed and remaining stably
housed.
.PROGRAM LAYOUT
The Navigation Center will include:
• Sleeping Area
• Pet Accommodations
• Dining/Commons Area
• Food Storage , Refrigeration, and Prep Area
• Security Offices/Station
• Site -Administration and Operations Offices
• Intake and Private Meeting Areas
♦ Restroom and Shower Areas
• Laundry Facilities
• Client Storage Area
• Recreational Opportunities
• Access to Computers
In addition, the site will also feature:
• Outdoor Facilities/Areas
• Bike Rack Area
• Outdoor Commons
• Pet Area
25B-15
Farmullay
All clients must be literally homeless in the City of Santa Ana. Clients will be admitted through
the reservation system. A prospective client must be willing to participate in creating and
working a housing plan, follow facility expectations, and maintain appropriate behavior with
consideration for other clients. All clients must review and sign a copy of the "Client
Expectation" document prior to entry. Intake staff will assist any clients who may have
difficulty understanding or reviewing these expectations.
A form of official identification is required to verify identity; however, a client will not be
denied access to services without one Case Managers and/or Housing Navigators will assist
clients in obtaining a California ID, providing each client with a no -cost ID voucher.
EXIT PROCEDURES
When a client must be exited for serious or continued rule violations, the following procedure
will be used:
• The client will have the procedure explained in a polite and concise manner.
• The client will be given 2-3 alternatives for shelter (based on availability), and will be
assisted with gathering all belongings.
• Client will be asked to sign a Discharge document (client's refusal to sign will be noted
and a second staff signature will suffice).
• Client will be transported to either the shelter they have chosen or to one of the
preapproved drop off/pick up destinations.
When a client is exiting into housing or reuniting with family, they will sign the coinciding
documents, gather their belongings, receive a certificate of successful completion, and be
transported to their new living arrangement.
GOOD NEIGHBOR POLW
Illumination Foundation is committed to communication with neighbors on an ongoing basis. As
part of this commitment, a public inquiry phone number and contact information will be posted.
Community stakeholders may call this number for information about the site or to have any
questions answered. Any community complaints and/or inquiries about the program will be
recorded and forwarded to the appropriate staff for prompt investigation. Illumination
Foundation will be fully committed to an appropriate customer service response and will
consider the resolution of community complaints a high priority.
Illumination Foundation will also create and maintain a program website that will include
important information for community stakeholders and clients alike. The website will include a
"Frequently Asked Questions" section which will help to provide instant answers to community
concerns. Illumination Foundation will highlight volunteer, in -kind, and donation opportunities
encouraging community support for the program.
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25B-16
Illumination Foundation is committed to communicating and working collaboratively with the
City, law enforcement, and fire departments through all stages of program implementation- from
facility design to program execution. The intention of Illumination Foundation is to be as
self-sufficient as possible and minimize the facility's impact on the local police and -fire
departments. This includes ensuring that staff and security are trained to properly manage and
respond to an array of difficult situations that may occur at the facility.
Illumination Foundation will provide an array of services and support that will be beneficial to
local police and fire departments, These services include, but will not be limited, to:
• Security Officers stationed both on -site and at shuttle locations
• Designated beds reserved each night for law enforcement referrals
• Staff Neighborhood Patrol will monitor surrounding area to control issues of loitering,
abandoned property, and other blight
• Training opportunities on mental illness, homeless sensitivity, or other topics of interest
to supplement existing department trainings
• Direct referral access to the Coordinated Envy System to connect homeless individuals
with housing opportunities
• Statistical reports on number of clients served, length of stay and/or demographic
information
Illumination Foundation will be committed to active participation in city and county -wide
community events. To the extent that is reasonable and feasible, representatives of Illumination
Foundation will attend meetings of the local Neighborhood Association(s) and local Chamber of
Commerce(s) when invited, and communicate with neighborhood and business participants.
Additionally, Illumination Foundation may sponsor special events, such as community resource
fairs, which will include the community and the neighborhood on various occasions.
STAFF
Illumination Foundation will exercise their best efforts to prioritize Santa Ana residents while
hiring for this facility, but may hire from any geographic area if necessary,
All Program staff will be trained when hired in: emergency evacuation, first aid procedures,
mandated reporting policies, crisis intervention, and CPR procedures. This training will be
repeated and updated annually and as needed. Staff may receive additional training on different
topics as opportunities arise and are needed.
Each staff member also reoeives on -going in-service training in crisis management,
strength -based approaches, trauma -informed care, motivational interviewing, mediation, and
positive communication skills.
25B-17
Security staff will be provided sensitivity training to better equip them to work with homeless
clients, and those in crisis.
ACCESS TO SAFE SHELTER
The Navigation Center will be accessible 24 hours a clay, seven days/week, 365 days a year. in
order to decrease the impact to the surrounding neighborhood, access to bed availability will be
handled through a reservation system. No walk-ins for the Navigation Center Program or
services will be permitted. Illumination Foundation shall prioritize all beds at the facility for use
by persons who reside in Santa Ana, based on reasonable criteria established to determine
residency. Approved referral agencies are City of Santa Ana authorities, including but not
limited to members of the Santa Ana Police Department, Santa Ana staff, and/or third -parties
under contract with the City for outreach and engagement services with homeless individuals.
This includes CityNet, Illumination Foundation, and the Orange County Health Care Agency.
LENGTH OFSTAy
Illumination Foundation proposes a t20- to 180-day length of stay; however based on a client's
vulnerability, chronicity, and available housing inventory, more time may be required. it is
Illumination Foundation's goal to match all eligible individuals to appropriate permanent
housing at the earliest opportunity. Each client will have a Case Manager and Housing
Navigator supporting their progress toward housing stabilization. The program is designed to
provide this support until a housing option becomes available. However, at any time a client
may be exited from the shelter for safety or continual shelter violations.
SLEEPING AREAS
Due to the nature of this facility, beds provided will be single beds, in a dorm setting. Each client
will be assigned a pillow and bedding for the length of their stay. Bedding will be washed and
changed at regular intervals to promote health and cleanliness.
Space will be divided to allow for separate sleeping areas for men and women, couples and
families.
Flexible sleeping space will also be provided for the transgender population, those dealing with
illness or for other special needs populations.
PET FRIENDLY
Illumination Foundation believes in providing support for die most vulnerable individuals and
their companion animals. The Navigation Center Program will provide space for a total of 30
companion/service/support animals. Clients may bring (1) pet with them up to the shelter
maximum of 30. Animals must be maintained by the clients, however Illumination Foundation
can help with linkage to animal resources, including veterinary and hygiene services in most
cases.
25B-18
Breakfast, lunch, dinner, and healthy snacks will be provided for all clients in a central dining
area. Hot meals will be purchased and delivered to the site daily from an Illumination
Foundation service partner. These meals will be served to clients of the facility by both paid
staff and volunteers,
HYGIENE FACILITIES
Hygiene facilities will be provided on -site including toilets and showers. Clients will be
encouraged to utilize these facilities daily. Toiletries will be provided by Illumination
Foundation to clients as needed. Laundry will be done by paid staff and volunteers at intake.
Clients will be assisted with their laundry on a weekly basis to ensure a healthy shelter
environment. As a preventative measure, upon entry all client's clothes and belongings will be
sanitized and washed to prevent the spread of pests and allergens.
TRANSPORTATION
Illumination Foundation will provide transportation in vans and shuttles to predetermined drop
off/pick up locations throughout the city of Santa Ana. In addition, Illumination Foundation will
provide clients with transportation to and from doctors appointments, social services
appointments, housing appointments and any other destination that is in alignment with the
client's established housing plan. Some transportation may be completed by Uber, Lyft, and
OCTA depending on the availability of transportation, the volume of clients requiring
transportation on a given day, and the client's vulnerability and capabilities.
SECUJUTY
Illumination Foundation will contract with a state -licensed security vendor that will be stationed
inside and outside of the facility property 24 hours a day 7 days a week. Illumination Foundation
will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and
the community. Illumination Foundation will strive to provide an atmosphere that promotes
community, stays alert for signs of conflict, and confronts behaviors before they escalate. The
security plan will include a multifaceted approach involving secured entrances, security searches
upon entrance, confiscation of harmful contraband, trained security personnel providing
around -the -clock indoor and outdoor coverage, security cameras, and lighting. Other program
elements that will support security efforts include no walk ups and no loitering policies.
25B-19
Personnel
Director.
wager
t Navigator
Case Manaeer
regular`.
Off -hour
r
Subtotal
Client Assistance
Client capacity
Food
Other needs
Facilities Expenses
Rent
Utilities
Insurance
Maintenance
Other Expenses
Liability insurance
Security services
Pet care contract
Office supplies
Telecom
Staff mtg & travel
Automobiles
Bus passes
Miscellaneous
Administration
THE .LINK EMERGENCY SHELTER • OPERATING BUDGET
Staffing and exnenen Acsumntinnc
Annual Salary
Benefits
Total
$
$
$
$
$
$
$
$222,000
$
30,000
84,000
84,000
50,000
84,000
135,000
350,000
13,750
$
$
$
$
$
$
$
$
$
Monti I
3,125
8,750
8,750
5,208
8,750
14,063
36,458
23125
1,432
109 661
FTE
25%
0.50
$ 60,000
$ 15,000
$ 75,000
2.00.
$ 42,000
$ 10,500
$ 52,500
2.00
$ 42,000.
$ 10500
$ 52,500
1.00
$ ' 50,000
$ 12,500
$ 62,500
2.00
$ 42,000
$ 10,500
$ 52,500
3.00
$ 45,000
$ 11,250
$ 56,250
-10.00
$35,000.
$ 8,750
$ 43 750
6.00
$ 37,000
$ 9,250
$ 46,25tl
0.25
$. 55,000
$ 13,750
$ 68,750
26.75
W
per day per client
per day per client
N/A
N/A
1$,000 annual
monthly per census
hourly
per FTE per month
per FTE per month
per FTE per month
per car per month
per month
monthly per census
10% of Operating costs
24/7 coverage �� guard(s)
Exhibit B
rr of cars 0
$ 36,196
$ 6,388
$ 42,583
$ 19,209
$ 4,500
$ 1,250
$ 2,800
27,759
$ 1,250
$ 58,400
$ 9,000
$ 535
$ 803
$ 401
$ 10,000
$ Soo
$ 1,40tl
$ 82,289
$ 2G,229
$68.70 PER DIEM
25B-20
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ILLUMINATION FOUNDATION FOR USE OF
EMERGENCY SOLUTIONS GRANT
CORONAVIRUS (ESG-CV) FUNDS
THIS GRANT AGREEMENT, is hereby made and entered into this October 6, 2020, by and
between the City of Santa Ana, a charter city and municipal corporation of the State of California, herein
called the "CITY", and Illumination Foundation, a California nonprofit organization, herein called the
"SUBRECIPIENT".
RECITALS:
A. On March 27, 2020, a special allocation of Emergency Solutions Grant ("ESG") funds was
authorized by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), Public
Law 116436, to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandemic.
The CARES Act made available an additional $4 billion in Emergency Solutions Grant
Coronavirus ("ESG-CV") funds. Of this amount, the United States Department of Housing and
Urban Development ("HUD") immediately allocated $1 billion based on the fiscal year 2020
ESG formula.
B. On April 2, 2020, the CITY received notice of an award of $1,727,403 in ESG-CV 1 funds from
HUD in response to the COVID-19 pandemic.
C. On June 9, 2020, the CITY received notice or a second award of $11,598,442 in ESG-CV2 funds
from HUD in response to the COVID-19 pandemic,
D. ESG-CVl and ESG-CV2 funds shall collectively be referred to as ESG-CV funds throughout this
Agreement.
E. The CITY is the recipient of Emergency Solutions Grant ("ESG") funds from the United States
Department of Housing and Urban Development ("HUD"), pursuant to subtitle B of title IV of the
McMmiey-Vento Homeless Assistance Act [42 U.S.C, 11371-113781, for the rehabilitation or
conversion of buildings for use as emergency shelter for the homeless, for the payment of certain
expenses related to operating emergency shelters, for essential services related to emergency
shelters and street outreach for the homeless, and for homelessness prevention and rapid re-
housing assistance. Catalogue of Federal Domestic Assistance ("CFDA") 14,231 and Federal
Award Identification Number (FAIN) E-20-MW-06-0508.
F. The CITY has approved the provision of ESG-CV funds to be used in the operation of an
emergency solutions program ("program") for the homeless or at -risk of homelessness of the City
of Santa Ana as further described by Exhibit A, Scope of Work, attached hereto and by this
reference incorporated herein.
G. The SUBRECIPIENT represents that it has the requisite qualifications, expertise, and experience
in the provision of emergency solutions programs for the homeless or at -risk of homelessness and
is willing to use said federal funds to operate said program.
25B-21
H, In response to the COVID-19 panderruc, SUBRECIPIENT meets the national objective for the
use of ESG and ESG-CV funds.
I. The SUBRECIPIENT agrees to assist individuals and families that are homeless or at risk of
homelessness in obtaining appropriate supportive services including, but not limited to:
temporary and permanent housing, relocation and stabilization services, rapid re -housing
assistance, medical and mental health treatment, counseling supervision, and other services
essential for achieving independent living.
J. SUBRECIPIENT has agreed to be reimbursed for the above services in an amount not to exceed
$1,595,406, which includes $169,952.97 in ESG-CVI funds and $1,425,453.00 in ESG-CV2
funds, in grant funding for Shelter, Outreach Services, Rapid Re-Ilousing or Homeless
Prevention.
K. The CITY simultaneously entered into an Agreement with SUBRECIPIENT to operate The Link
Emergency Shelter, Agreement No. A-2020-XXX, dated October 6, 2020, by which the City
committed a set amount of funds to SUBRECIPIENT for the operation of The Link Emergency
Shelter. As part of this ESG-CV AGREEMENT, the CITY is committing up to $1,595,406,
which includes $169,952.97 in ESG-CV1 funds and $1,425,453.00 in ESG-CV2 fiends, to
SUBRECIPIENT for Emergency Shelter Operations at The Link Emergency Shelter. This
$1,595,406 shall count toward the amount of funds due from the CITY to SUBRECIPIENT under
Agreement No. A-2020-XXX.
L. This AGREEMENT is contingent upon the award of ESG-CV funds from the United States
Department of Housing and Urban Development.
M. The CITY and the SUBRECIPIENT have duly executed this AGREEMENT for the expenditure
and utilization of said funds.
NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this AGREEMENT and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire AGREEMENT between the CITY and
the SUBRECIPIENT:
I. SCOPE OF PROGRAM
A. General Administration
The SUBRECIPIENT agrees to implement this activity as set forth in detail in Exhibit A, Scope
of Work, which shall provide a description of each activity, including the services to be
performed, the person or entity providing the service, the estimated number of recipients of the
service, and the manner and means of the services.
B. Levels of Accomplislunent— Goals and Performance Measures
The SUBRECIPIENT shall be responsible to accomplish the levels of performance as set forth in
Exhibit A and report such measures quarterly to the CITY. If the SUBRECIPIENT estimates
25B-22
such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY
will determine if any adjustments to the grant award is appropriate.
C. Staffin¢
The SUBRECIPIENT shall ensure adequate and appropriate staffing is allocated to each ESG-CV
activity. Nothing contained in this AGREEMENT is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between the parties.
II. TERM OF AGREEMENT
This AGREEMENT shall take effect on October 6, 2020, and shall terminate on June 30, 2021,
unless otherwise cancelled or modified according to the terms of this AGREEMENT.
III. DISBURSEMENT AND FUNDS
The City was allocated $1,727,403 in ESG-CVl fiords and $11,598,442 in ESG-CV2 funds
under the CARES Act from EUD in response to the COVED-19 pandemic. CITY agrees to pay
to SUBRECIPIENT when, if and to the extent federal funds are received tinder provisions of the
Act a sum not to exceed $1,595,406, which includes $169,952.97 in ESG-CV1 fiords and
$1,425,453.00 in ESG-CV2 funds, for SUBRECIPIENT'S performance in accordance with
the Budget attached hereto as Exhibit B during the period of this Agreement. Said sum shall be
paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. The
$1,595,406 shall count toward the amount of funds due from the City to SUBRECIPIENT under
Agreement No. A-2020-XXX.
A. Amount and Expenditure End Date
The CITY agrees to reimburse the SUBRECIPIENT a maximum amount not to exceed
$t,595,406 from ESG-CV funds, as outlined in Exhibit B, Final Budget, and such funds shall be
expended by the SUBRECIPIENT on or before June 30, 2021. SUBRECIPIENT has the ability
to adjust line item amounts hl the Budget with the written approval of the CITY's Executive Director
of the Community Development Agency, so long as the total Budget amount does not increase.
B. Invoicing Procedures
The SUBRECIPIENT shall submit quarterly invoices (on or before the 15" day of October,
January, April, and July) in a form prescribed by the CITY, detailing such expenses. Such
schedule may be modified with the approval of the CITY.
C. Payrnent
Payment is subject to the receipt and approval of such invoices and quarterly activity reports, as
hereinafter more fully set forth below under Reporting, with the final payment subject to the
satisfaction of the condition precedent of submittal of complete invoicing and reporting
infornation due on or before July 15 of the applicable funding year. The CITY shall pay such
invoices within thirty (30) days after receipt thereof, provided the CITY is satisfied that such
25B-23
expenses have been incurred within the scope of this AGREEMENT and that the
SUBRECIPIENT is in compliance with the terms and conditions of this 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 and reporting will cause the CITY to
withhold all or a portion of a request for reimbursement until such documentation and reporting
has been received and approved by the CITY.
D. Use of Funds
The SUBRECIPIENT agrees to use said funds pursuant to this AGREEMENT to pay for
necessary and reasonable costs allowable under federal law and regulations to operate said
program only. Said amounts shall include and will be limited to, street outreach, emergency
shelter, homelessness prevention, rapid re -housing assistance, housing relocation and stabilization
services, short-term and medium -tern rental assistance, and Homeless Management Information
Systems ("HMIS") data contribution as set forth in 24 CFR § 576.101 — § 576.107. Allowable
program costs are detailed in the Budget, as set forth in Exhibit B, attached hereto and by this
reference incorporated herein, The SUBRECIPIENT'S failure to perform as required may, in
addition to other remedies set forth in this AGREEMENT, result in readjustment of the amount of
funds the CITY is otherwise obligated to pay to the SUBRECIPIENT pursuant to the terns hereof.
The SUBRECIPIENT agrees that the homeless shelter/services under said program shall be
available for the entire period during which said funds are provided.
E. Condition of Funding
(1) The CITY advises the SUBRECIPIENT that a significant change in entitlement funding
may result in a change in the current process utilized by the CITY to determine funding
allocations. The SUBRECIPIENT acknowledges that the obligation of the CITY is contingent
upon the availability of Federal, State or Local government (ands, which are appropriated or
allocated for the payment of such an obligation. If funding levels are significantly affected by
Federal budgeting or if funds are not allocated and available for the continuance of the function
performed by the SUBRECIPIENT, this AGREEMENT may be terminated by the CITY at the
end of the period for which funds are available. At the earliest opportunity, the CITY shall notify
the SUBRECIPIENT of any service which may be affected by a shortage of funds. No penalty
shall accrue to the CITY in the event this provision is exercised and the CITY shall not be liable
for any damages as a result of termination under this provision of this AGREEMENT. Nothing
herein shall be construed as obligating the CITY to expend funds in excess of appropriations
authorized by law.
(2) The SUBRECIPIENT shall allow representatives of the CITY or HUD to inspect
facilities which are used in connection with the AGREEMENT or which implement programs
funded under this AGREEMENT.
F. Matchine
The ESG-CV funds are exempt from the ESG match requirements, including 24 CPR § 576.201.
25B-24
G. Program Income
(1) Definition. Program income means, as provided by 2 CFR 200.80, gross income
received by the SUBRECIPIENT directly generated by a grant supported activity, or earned only
as a result of the grant agreement during the grant period, For purposes of ESG-CV, program
income will also include any amount of a security or utility deposit returned to the
SUBRECIPIENT.
(2) Use. The SUBRECIPIENT shall use all income received from said funds only for the same
purposes for which said funds may be expended pursuant to the terms and conditions of this
AGREEMENT.
H. Separation of Accounts
All funds received by the SUBRECIPIENT from the CITY pursuant to this AGREEMENT shall be
maintained separate and apart from any other funds of the SUBRECIPIENT, or of any principal or
member of the SUBRECIPIENT, in an account (the "Account") at a federally insured banking or
savings and loan institution with record keeping of such Accounts maintained pursuant to applicable
legal requirements. The SUBRECIPIENT shall keep all records of the Account in a manner that is
consistent with generally accepted accounting principles. No monies shall be withdrawn from the
Account except for expenditures relating to essential services, homeless prevention, and/or
operations costs, as authorized hereunder. All disbursements from the Account shall be for
obligations incurred in the performance of this AGREEMENT and shall be supported by
contracts, invoices, vouchers, and other data, as appropriate, evidencing the necessity of such
expenditure. The CITY may withhold payment allocation requests if the SUBRECIPIENT fails to
comply with the above requirements until such compliance is demonstrated.
I. Expenditure of Funds
Much like how HUD requires the CITY, pursuant to 24 CPR. 576.203, to expend all of the grant
funds for eligible activity costs within 24 months, after the date that HUD signs the grant
agreement with the CITY, it is a requirement for the SUBRECIPIENT to expend all of the grant
funds for eligible activity costs within the aforementioned period. For the purposes of this
paragraph, expenditure means either an actual cash disbursement for a direct charge for a
good/service or an indirect cost, or the accrual of a direct charge for a good/service or an indirect
cost. Failure to expend said funds within said timeframe can result in a reallocation of funds.
J. Prohibited Use
(1) Generally. The SUBRECIPIENT hereby certifies and agrees that it will not use fiends
provided through this AGREEMENT to pay for meals for persons other than those identified as
homeless or at risk of homelessness. Said funds shall not be used for entertainment purposes or for
gifts, The SUBRECIPIENT certifies that it will not use said funds for illegal or dishonest conduct,
rather, fund use will remain in compliance with all applicable federal, state, and local laws, including
applicable laws not outlined in this AGREEMENT.
(2) Lobbying. The SUBRECIPIENT certifies and agrees that it will comply with federal law (31
U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds
may be expended by the recipient of a federal contract, grant, loan, or cooperative agreement to pay
25B-25
LUV
V
any person for influencing or attempting to influence an officer or employee of any agency, Member
of Congress, or an officer or employee of a Member of Congress in connection with awarding of any
federal contract, the making of any federal grant or loan, entering into any cooperative agreement
and the extension, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement. The SUBRECIPIENT shall sign a certification to that effect in a form as set
forth in Exhibit C, attached hereto and by this reference incorporated herein. The SUBRECIPIENT
shall submit said signed certification to the CITY prior to performing any of its obligations under this
AGREEMENT and prior to any obligation arising on the part of the CITY to pay any sums to the
SUBRECIPIENT under the terms and conditions of this AGREEMENT. If any funds other than
Federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to
Report Lobbying," in accordance with its instructions (see Exhibit D).
NOTICES
The SUBRECIPIENT and the CITY agree that all notices required by this AGREEMENT shall be
made in writing and delivered via mail (postage prepaid); commercial courier; personal delivery;
or sent by facsimile or other electronic means (provided that receipt is confirmed). Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this AGREEMENT shall be addressed to the individuals in
the capacities indicated below, unless modified by subsequent written notice.
Communication and details concerning the AGREEMENT shall be delivered to the office of, and
directed to, the following representatives:
CITY:
Teni Eggers
Homeless Services Manager
City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702-1988
(714) 667-2256
(714) 647-6549 FAX
teggers u)santa-ana.org
GENERAL CONDITIONS
A. Coordination with Continuum of Care
Illumination Foundation
1091 N. Batavia Street
Orange, CA 92867
Attn: Paul Leon, CEO
The SUBRECIPIENT must work with the Continuum of Care ("CoC") to ensure the screening,
assessment, and referral of program participants are consistent with the CITY's written standards
for providing ESG-CV assistance as described in its consolidated plan. The SUBRECIPIENI"
25B-26
must keep documentation evidencing the use of, and written intake procedures for, the centralized
or coordinated assessment systems) developed by the CoC in accordance with the requirements
established by HUD. See 24 CFR 576.400.
B. Evaluation of Program Participants Eligibility and Needs
The SUBRBCIPIENT must conduct evaluations and re-evaluations to determine the eligibility of
each individual or family's eligibility for ESO-CV assistance in accordance with 24 CPR
576.401.
C. Terminating Assistance
If a program participant violates program requirements, the SUBRECIPIENT may terminate the
assistance in accordance with a formal process established by the SUBRECIPIENT that
recognizes the rights of individuals affected. See 24 CFR 576,402
D. Shelter and Housing Standards
The SUBRECIPIENT certifies that shelters and housing supported by ESG-CV funds and used
by ESG-CV beneficiaries will conform to 24 CFR 576.403.
E. Homeless Involvement
The SUBRECIPIENT certifies that it will involve, to the maximum extent practicable, homeless
individuals and families in constructing, renovating, maintaining, and operating facilities assisted
under the ESG-CV program, and in providing services for occupants of these facilities. See 24
CFR 576.405(c) and 42 USC 11375(d).
F. Independent Contractor
Nothing contained in this AGREEMENT is intended to, or shall be construed in any mariner, as
creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT and its subcontractors shall at all times remain independent contractors with
respect to the services to be performed under this AGREEMENT. The CITY shall be exempt
from payment of any Unemployment Compensation, FICA, retirement, life turd/or medical
insurance and Workers' Compensation Insurance as the SUBRECIPIENT is an independent
contractor.
G. Subcontracts
(1) Content Requirements. The SUBRECIPIENT will include all relevant provisions of this
AGREEMENT in all subcontracts entered into as part of the activities undertaken in
furtherance of this AGREEMENT and will take appropriate action pursuant to any
subcontract upon a finding that the subcontractor is in violation of regulations issued by
any federal agency. The SUBRECIPIENT will not subcontract with any entity where it
has notice or knowledge that the latter has been found in violation of regulations under 24
CFR Part 135 (Economic Opportunities for Low- and Very Low -Income Persons) and
25B-27
will not allow any subcontract unless the entity has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
(2) Submission to the CITY. The SUBRECIPIFNT must submit all subcontracts and other
agreements that relate to this AGREEMENT to the CITY.
H. Licensine
The SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation,
slid inspections from all agencies governing its operations. The SUBRECIPIENT shall ensure that its
staff and subcontractors shall also obtain and maintain all required licenses, registrations,
accreditation and inspections from all agencies governing the SUBRECIPIENT's operations
hereunder. Such licensing requirements include obtaining a City business license, as applicable.
I. Responsibilities Toward Emgloyees
The SUBRECIPIENT accepts full responsibility for payment of any and all unemployment
compensation, insurance premiums, workers' compensation premiums, income tax withholdings,
social security withholdings, and any and all other taxes or payroll withholdings required for all
employees engaged in the performance of the work and activities authorized by the
AGREEMENT. The SUBRECIPIENT accepts full responsibility for providing workers with
proper safety equipment and taking any and all necessary precautions to guarantee the safety of
workers or persons otherwise affected.
J. Insurance and Bondin
(1)Generally. The SUBRECIPIENT shall maintain liability and property insurance to cover
actionable legal claims for liability or loss which are the result of injury to or death of any person,
or damage to property (including property of Grantee) caused by the negligent acts or omissions,
or negligent conduct of the SUBRECIPIENT, its employees, agents or subcontractors, to the
extent permitted by law, in connection with the activities pursuant to this AGREEMENT,
The SUBRECIPIENT shall comply with the bonding and insurance requirements of 2 CFR
200,427, and 2 CFR 200.447,
The SUBRECIPIENT shall undertake self-insurance, or shall obtain, at its sole cost, a policy or
policies of commercial general liability insurance, or equivalent form.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents, employees and
volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance
programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4)
give to the CITY prompt and timely notice of claim made or suit instituted arising out of the
SUBRECIPIENT's operations hereunder.
25B-28
(2) Limits. 'rho SUBRECIPIENT shall maintain, at all times, the following minimum levels of
Insurance, and shall, without in any way altering its liability, obtain, pay for, and maintain insurance
for the coverages and amounts of coverage not less than those set forth below:
a. Workers' Compensation. Amount must comply with State and Federal Laws
b. Comprehensive General Liability. $1,000,000 combined single limit of liability for
bodily injuries, death, and property damage resulting from any one occurrence,
including the following coverages:
Promises and Operations; and
ii. Broad Form Commercial General Liability Endorsement to include blanket
contractual liability (specifically covering, but not limited to, the contractual
obligations assumed by the SUBRECIPIENT); Personal Injury (with
employment and contractual exclusions deleted); and Broad Form Property
Damage coverage.
C. The SUBRECIPIENT's self -insured retention or deductible per line of coverage
shall not exceed $25,000 without the permission of the CITY.
(3) Proof of Insurance. The SUBRF.CIPIENT shall furnish the CITY's Clerk of the Council
with an insurance certificate from insurance carrier certifying that it carries such insurance and
that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior
notice to the CITY.
The SUBRECIPIENT shall, prior to exercising any right under this AGREEMENT:
a. furnish properly executed certificates of insurance and additional insured
endorsement to the CITY which shall clearly evidence all coverage required above;
b. provide that such insurance shall not be materially changed or terminated except on
thirty (30) days prior written notice to the CITY;
c. maintain such insurance for the period covered by this AGREEMENT; and
d. replace such certificates for policies expiring prior to the expiration of this
AGREEMENT.
(4) Company Rating. All insurance coverage shall be written with a company having an A.M.
Best Rating of "A" or better and financial size of VIII or larger.
(5) Failure to Comply. In the event of any failure by the SUBRECIPIENT to comply with
these provisions, the CITY may, after notice to the SUBRECIPIENT, suspend the program for
cause until there is full compliance.
25B-29
K. Zoning.
The SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be
specifically zoned and permitted for such use(s) and activity(ies). Should the SUBRECWIENT fail to
have the required land entitlement and/or permits, thus violating any local, state, or federal roles and
regulations relating thereto, the SUBRECIPIENT shall immediately make good -faith efforts to gain
compliance with local, state, or federal rules and regulations following written notification of said
violation(s) from the CITY or other authorized citing agency. The SUBRECIPIENT shall notify the
CITY immediately of any pending violations. Failure to notify the CITY of pending violations, or to
remedy such known violation(s), shall result it termination of grant funding hereunder. The
SUBRECIPIENT must make all corrections required to bring the facility/property into compliance
with the law within sixty (60) days of notification of the violation(s); failure to gain compliance
within such time shall result in termination of grant funding hereunder.
L. Displacement and Relocation.
The SUBRECIPIENT must assure that it has taken all reasonable steps to minimize displacement
of persons. Relocation must be consistent with requirements as set forth in 24 CFR § 576.408.
M. Provisions Required by Law Deemed Inserted.
Each and every provision of law and clause required by law to be inserted in this contract shall be
deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted or
correctly inserted, then upon the application of either party the contract shall forthwith be
physically amended to make such insertion or correction.
VI. ASSURANCES AND CERTIFICATIONS
A. Non -Profit Status
The SUBRECIMENT certifies that
(1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good
standing and authorized to do business under the laws of the State of California and in possession
of required non-profit status under the United States Internal Revenue Code [for example, 26
USC § 501(c)(3)]. The SUBRECIPIENT has full right, power, and lawful authority to accept the
funding hereunder and to undertake all obligations as provided heroin and the execution,
performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been fully
authorized by all requisite actions on the part of the SUBRECIPIENT.
(2) If the SUBRECIPIENT's non-profit status changes at anytime during this
AGREEMENT, it will advise the CITY within 15 days.
(3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its
Board of Directors will receive no compensation, directly or indirectly, other than reimbursement
10
25B-30
for expenses, from any funds generated from or because of the ESG-CV program, for their
services.
(4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation
and services are subject to the requirements as established in 2 CFR 200.
B. Adherence to Federal. State, and Local Laws and Regulations
(1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG-CV
program and applicable cross -cutting Federal, State, and Local requirements.
(2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT
shall ensure that employment and other economic opportunities generated by the Program shall,
to the greatest extent feasible, be directed to low- and very low-income persons, particularly those
who are recipients of government assistance for housing. Section 3 of the Housing and Urban
Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except
that homeless individuals have priority over other Section 3 residents in accordance with §
576.405(c),
(3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights
Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of
the Title I of the Housing and Community Development Act of 1974, Section 504 of the
Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination
Act of 1975, and 41 CFR Chapter 60.
(4) Nondiscrimination and Equal Employment Opportunity. During the performance under
this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or
applicant for employment based on race, color, creed, religion, sex, age, handicap, disability,
ancestry, national origin, marital status, familial status, sexual orientation, or any other basis
prohibited by applicable law.
The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are
treated without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry,
national origin, marital status, familial status, and sexual orientation.
The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal
Employment Opportunity, as amended by Executive Orders 11375 and 12086.
(5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR
part 5, subpart A are applicable, including the nondiscrimination and equal opportunity
requirements at 24 CFR 5.105(a). The SUBRECIPIENT shall not discriminate against any
participant on the ground of race, color, creed, religion, sex, age, handicap, disability, ancestry,
national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by
applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use
of the facilities, assistance, and services are available to all on a nondiscriminatory basis, The
SUBRECIPIENT must take appropriate steps to ensure effective communication with persons
with disabilities.
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25B-31
(6) Americans with Disabilities Act, The SUBRECIPIENT agrees to comply with any
federal regulations issued pursuant to compliance with the Americans with Disabilities Act which
prohibits discrimination and ensures equal opportunity for persons with disabilities in
employment, State and Local government services, and public accommodations.
(7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty
to affirmatively further fair housing. HUD requires the same of its funded sub -recipients. The
SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes
protected under the Fair Housing Act.
C. Falsification of Information
The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in
the process of obtaining this award of the ESG-CV Funds.
D. Drug Free Work In ace
The SUBRECIPIENT represents and warrants that it has established the following drug -free
workplace policy:
(1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the workplace for any employee involved in a federally funded
program.
(2) As an employee working in conjunction with a federally funded program, the employees
of the SUBRECIPIENT will be required to:
a. Abide by the terms above in statement (1), and
b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any
criminal drug statute conviction for a violation occurring in the workplace. Such
notification shall be made no later than five (5) days after conviction.
(3) The CITY and the United States Department of Housing and Urban Development will be
notified withhr ten days after receiving notice of any such violation.
(4) Within thirty (30) days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
(5) Each such employee shall be required to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal, State or
Local health, law enforcement, or other appropriate agency.
E. Religious Organization
The SUBRECIPIENT may not engage in inherently religious activities, such as worship, religious
instruction, or proselytization as part of said program or services. If the SUBRECIPIENT
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conducts such activities, the activities must be offered separately, in time or location, from said
programs or services, and participation must be voluntary for the program participants.
The SUBRECIPIENT shall not, in providing program assistance, discriminate against a program
participant or prospective program participant on the basis of religion or religious belief.
If the SUBRECIPIENT is a religious organization, it retains its independence from Federal, State,
and Local governments, and may continue to carry out its mission, including the definition,
practice, and expression of its religious beliefs, provided that the religious organization does not
use direct ESG funds to support any inherently religious activities.
The SUBRECIPIENT agrees that rehabilitation of structures by the religious organization in
connection with said program must be in sound accord with the provisions under 24 CFR §
576.406.
F, Additional Tetras between the CITY and HUD
The SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions
used in the Grant Agreement between HUD and the CITY and such other rules, rogulations, or
requirements as HUD may reasonably impose in addition to the aforementioned assurances at or
subsequent to the execution of this AGREEMENT by the parties hereto.
G. OSHA
Where employees are engaged in activities not covered under the Occupational Safety and Health
Act of 1970, they shall not be required or permitted to work, be trained, or receive services in
buildings or surroundings or under working conditions which are unsanitary, hazardous, or
dangerous to the participants' health or safety.
H. LCatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this
AGREEMENT, shall be in any way or to any extent engaged in the conduct of political activities
in violation of the Hatch Act, 5 U.S.C. Section 1501 et seq.
I. Davis -Bacot Act
All laborers and mechanios employed by contactors or subcontractors in the performance of
construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or
in part with federal funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as amended,
40 U,S.C, sections 276a - 276a-5. Any such construction contract shall include and comply with
the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports
(along with the "Statement of Compliance") and basic records are required to be maintained and
submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan
or guarantee of funds shall be approved by the federal agency unless there is on file with the
agency a certification by the contractor that the contractor and its subcontractors have complied
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25B-33
with the provisions of 29 C.F.R. §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be
grounds for termination of the contract, and for debarment as a contractor/subcontractor, as
provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as
necessary to assure compliance. See 29 C.F.R. §5.6(a)(3).
VII.
A. Generally
The following requirements and standards must be complied with: 2 CFR Part 200, et al.
SUBRECIPIENT shall procure all materials, property, or services in accordance with the
requirements of 2 CFR 200.318-326.
B. Procuretment
(1) Compliance. The SUBRECIPIENT shall comply with current HUD and CITY policies
concerning the procurement of equipment, goods, and services, and shall maintain inventory
records of all non -expendable personal property as defined by such policy as may be procured
with funds provided herein. The SUBRECIPIENTf shall report to the CITY all program assets
(unexpended program income, property, equipment, etc.), and upon the CITY'S request, such
assets shall revert to the CITY upon termination of this AGREEMENT.
(2) Pursuant to 2 CFR 200.331 (a) (4), the Indirect Cost Rate for the SUBRECIPIENT's
award shall be an approved federally recognized cost rate negotiated between the
SUBRECIPIENT and the Federal government, or, if no cost rate exists, the de minims indirect
cost rate as defined in 2 CFR 200.414(b) Indirect (F & A) costs shall be used. For this agreement,
the de minims indirect cost of 10% will apply.
(3) Use and Reversion of Assets. The use and disposition of equipment under this
AGREEMENT shall be in compliance with the requirements of 2 CFR Part 200.
(4) Pursuant to the CARES Act, SUBRECIPIENT may deviate from applicable procurement
standards when using these funds to procure goods and services to prevent, prepare for, and
respond to coronaviras, notwithstanding 24 CFR 576.407(f) and 2 CFR 200.317-200.326,
C. Reporting
Reporting requirements must conform to the policies and procedures as established by the CITY
and 24 CFR § 576,500. The SUBRECIPIENT shall submit to the CITY, on or before the 15", day
of October, January, April, and July, as part of the Quarterly Report:
(1) Payment Request. An original request for reimbursement and true copies of invoices,
receipts, agreements, or other documentation supporting and evidencing how the
ESG Funds have been expended during the applicable quarter.
(2) Quarterly Activities and written cumulative (year-to-date) reports of activities,
program accomplishments, new program information, and up-to-date program
statistics on expenditures, caseload and activities. Failure to provide any of the
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25B-34
required documentation and reporting will cause the CITY to withhold all or a
portion of a request for reimbursement until such documentation and reporting has
been received and approved by the CITY.
(3) Any other such reports as the CITY (or HUD) shall reasonably require and/or
request, including but not limited to the following information: monthly records of all
ethnic and racial statistics of persons and families benefited by the SUBRECIPIENT
in the performance of its obligations under this AGREEMENT.
D. Record Keenine
Sufficient records must be established and maintained to enable the CITY and HUD to determine
whether the ESG-CV requirements are being met. Record keeping requirements must conform to
the policies and procedures as established by the CITY. All accounting records, reports, all
evidence pertaining to costs, expenses, and ESG-CV Funds of the SUBRECIPIENT, and all
documents related to this AGREEMENT shall be maintained and kept available at the
SUBRECIPIENT'S office or place of business for the duration of the AGREEMENT and
thereafter for five (5) years post -completion of an audit in conformity with the ESG-CV
requirements, except as hereinafter provided relating to retention of any records or documentation
existing, created, or maintained in compliance with Lead -based Paint regulations, which likely
require longer retention as outlined below. Records which relate to (a) complaints, claims,
administrative proceedings or litigation arising out of the performance of this AGREEMENT, or
(b) costs and expenses of this AGREEMENT to which the CITY or any other governmental
agency takes exception, shall be retained beyond the five (5) years until complete resolution or
disposition of such appeals, litigation claims, or exceptions. All said records must be retained for
the greater of the aforementioned duration or the periods specified in 24 CFR 576,500(y). All
records relating to, or created or maintained in compliance with, the Lead -Based Paint regulations
shall be retained and maintained by the SUBRECIPIENT indefinitely, including without
limitation, all inspection report(s), disclosure statement(s), and clearance report(s). Copies made
by microfilming, photocopying, or similar methods may be substituted for the original records.
The CITY, HUD and auditors shall have the right to access all the SUBRECIPIENT records for
ns long as the records are retained by the SUBRECIPIENT. In the event the SUBRECIPIENT does
not make the above -referenced documents available within the City of Santa Ana, California, the
SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by the CITY in
conducting any audit at the location where said records and books of account are maintained.
The SUBRECIPIENT agrees to meet the requirements set forth in 24 CFR § 576.500.
E. Homeless Management Information Svstems (HMIS)
(1) Generally. The SUBRECIPIENT must ensure that data on all persons served and all
activities assisted under ESG-CV are entered into the applicable community -wide HMIS in the
area in which those persons and activities are located, or with the express knowledge and written
consent of the CITY, a comparable database, in accordance with HUD's standards on
participation, data collection, and reporting under a local HMIS.
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25B-35
(2) HMIS Agency Agreement. The SUBRECIPIENT shall have an agreement in place with
the HMIS lead agency to participate in the regionally HMIS system. A copy of the
SUBRECIPIENTS agreement with the HMIS lead agency shall be attached to this agreement as
Exhibit F. In the case of Domestic Violence service providers or other agencies prohibited from
entering data into HMIS, documentation from the HMIS lead agency certifying that the
SUBRECIPIENT is using a comparable database shall be attached to this agreement as Exhibit
E.
(3) HMIS Interagency Data Sharing Agreement. The SUBRECIPIENT shall enter into an
Interagency Data Sharing Agreement with the HMIS Lead Agency where the SUBRECIPIENT
agrees to share HMIS data with other ESG-CV funded agencies regarding clients that are served
in ESG-CV funded programs, unless prohibited by law. A copy of such agreement shall be
attached as Exhibit F-1.
(A.) The SUBRECIPIENT agrees to provide 211 OC with all required data
needed to complete data analysis regarding project performance, data
timeliness, or data quality.
F. Audit Report Requirements
The SUBRECIPIENT agrees that if the SUBRECIPIENT expends Seven Hundred Fifty Thousand
Dollars ($750,000.00) or more in federal funds, the SUBRECIPIENT shall have an annual audit
conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office of Management and Budget (2 CFR 200.501a), The
SUBRECIPIENT shall provide the CITY with a copy of said audit by April 1 of the year following
the program year in which this AGREEMENT is executed. Further, the SUBRECIPIENT shall
comply and/or cause compliance with audit report(s) required by applicable provisions of the Lead -
Based Paint Regulations as further detailed below.
VIII. EVALUATION AND MONITORING
A. Generally
The CITY will monitor the performance of the SUBRECIPIENT against goals and performance
standards as required herein. The SUBRECIPIENT shall provide the CITY all necessary
reporting information as required by the CITY in the administration and review of the Program.
Substandard performance as determined by the CITY will constitute noncompliance with this
AGREEMENT. If action to correct such substandard performance is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the CITY, contract
suspension or termination procedures will be initiated.
B. Access to Records
The SUBRECIPIENT gives the CITY and HUD, including their authorized representative, access
to and the right to examine all records, books, papers, items, emails, and documents, both
physical and electronic, relating to the program.
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25B-36
C. Audit
The CITY shall have the right to audit and monitor any program income as a result of an ESG-
CV activity. Upon request by the CITY and for audit purposes, the SUBRECIPIENT further
agrees to provide all files, records, and documents pertaining to related activities and clientele
demographic data.
IX. LIABILITY
A. Generally
Each party to this AGREEMENT acknowledges that it will be liable for its own negligent acts or
negligent omissions by or through itself, its employees, agents, and subcontractors. Each party
further agrees to defend itself and themselves, and to pay any judgments and costs arising out of
such negligent acts or omissions, and nothing in this AGREEMENT shall impute or transfer any
such liability from one to the other. In other words, the SUBRECIPIENT agrees to be fully
responsible for its negligent acts or omissions, or any intentional tortuous acts which result in
claims or suits against the CITY, and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein shall be construed as consent by a State or CITY agency or
subdivision to be sued by third parties in any matter arising out of any contract, and nothing
herein is intended to serve as a waiver of sovereign immunity where sovereign immunity applies.
B. CITY not Liable for Funds
The SUBRECIPIENT further acknowledges that the source of the ESG-CV Funds is a federal
pass -through grant to the SUBRECIPIENT. The CITY shall have no obligation to advance or pay
the SUBRECIPIENT with any funds other than the ESG-CV Funds the CITY receives from
HUD.
C. Hold Harmless
The SUBRECEPIENT shall defend, indemnify and save harmless the CITY, its officers, agents,
employees, representatives, volunteers, and student externs from and against any and all damages
to property or injuries to or death of any person or persons, including property and employees or
agents of the CITY, and shall defend, indemnify and save harmless the CITY, its officers, agents,
employees, representatives, volunteers, and student externs from and against any and all claims,
demands, suits, actions or proceedings of any kind or nature, including, but not by way of
limitation, workers compensation claims and attorney fees/expenses for litigation or settlement,
resulting from or arising out of the negligent or wrongful acts, errors or omissions of the
SUBRECIPIENT, its officers, directors, employees, agents, subcontractors, and suppliers arising
out of the SUBRECIPIENT's performance of this AGREEMENT.
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25B-37
X. I NVIRONMENTAL CONDITIONS
A. Gencrallv
ESG-CV activities are subject to environmental review by HUD under the environmental
regulations in 24 CFR 50. The SUBRECIPIENT, or any contractor of the SUBRECIPIENT, may
not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a
project under this part, or commit or expend HUD or local funds for eligible activities under this
part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient
has received HUD approval of the property.
The SUBRECIPIENT agrees to comply with all applicable environmental requirements insofar as
they apply to the performance of this AGREEMENT, including but not limited to the Clean Air
Act, the Federal Water Pollution Control Act and the Flood Disaster Protection Act. If applicable,
the SUBRECIPIENT also shall comply with the Historic Preservation requirements of National
Historic Preservation Act of 1966.
B. Lead -based paint remediation and disclosure
The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing
regulations in 24 CFR part 35, subparts A, B, H, I, K, M, and R apply to all shelters assisted
under ESG program and all housing occupied by program participants that were built before
1978.
C. Assignment of Responsibilities
By this AGREEMENT, the SUBRECIPIENT will accept assignment from the CITY of all
responsibilities set forth in Subpart K of 24 CFR 35,
D. Compliance with Subpart K
The purpose of Subpart K is to establish procedures to eliminate as far as practicable lead -based
paint ("LBP") hazards in a residential property that receives Federal assistance under certain
HUD programs for acquisition, leasing, support set -vices, or operation. In connection with the
grant funds under this AGREEMENT, the CITY requires that the SUBRECIPIENT comply and
show evidence of compliance with all applicable subparts of 24 CFR 35, and especially, Subpart
K ("LBP Regs").
The SUBRECIPIENT shall conduct the following activities for the dwelling unit, common areas
servicing the dwelling unit, and the exterior surfaces of the building in which the dwelling unit is
located;
(1) A visual assessment of all painted surfaces in order to identify deteriorated paint;
(2) Paint stabilization of each deteriorated paint surface, and clearance, in accordance with
§§ 35.1330(a) and (b), before occupancy of a vacant dwelling unit or, where a unit is
occupied, immediately after receipt of Federal assistance; and
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25B-38
(3) Ongoing lead -based naint maintenance activities into regular building operations, in
accordance with § 35.1355(a), if the dwelling unit has a continuing, active financial
relationship with a Federal housing assistance program, except that mortgage
insurance or loan guarantees are not considered to constitute an active programmatic
relationship for the purposes of this part.
(4) And, notice to occupants in accordance with §§ 35.125(b)(1) and (c), describing the
results of the clearance examination.
E. Notification of LBP Hazard
The SUBRECIPIENT shall provide to all occupants of housing:
(1) In accordance with Section 35.130 of the LBP Regs - the LBP hazard information
pamphlet. The pamphlet shall be the EPA/HUD/Consumer Product Safety Commission
lead hazard information pamphlet or an EPA -approved equivalent.
The current form and version of the pamphlet can be found at:
htt p://www. hud.gov/offices/lead/library/enforcement/fs-d isel, pdf
(2) In accordance with 24 CFR 35, Subpart A, all available information and knowledge
regarding the presence of LBP and LBP hazards prior to leasing a housing unit.
(3) In accordance with 24 CFR 35, Subpart A, notification in writing of the results of the
presumption of LBP and/or LBP hazards, results of any lead hazard evaluation, and any
lead hazard reduction work.
F. LBP Information Summary
For purposes of information only and in no respect intended to be a representation or warranty of
the provisions of the LBP Regulations, the CITY has caused to be prepared an information
summary relating to the LBP Regulations and Application to dwelling units that may be occupied
by recipients of services and/or funding from the SUBRECIPIENT under this AGREEMENT.
CITY staff will cooperate with and be available to the SUBRECIPIENT to assist in
implementation of compliance with the LBP Regs as to residential dwelling units to be assisted
by the SUBRECIPIENT. The parties acknowledge and agree the CITY shall not be liable or
responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP
Regulations and implementing guidance published and provided by HUD relating to compliance
with such LBP Regulations.
G. Exemptions
Section 35.115(a) provides exemptions from Subparts B through R. For example, lead -based
paint requirements do not apply to housing assistance if the assistance lasts less than one hundred
(100) days.
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25B-39
XI. CONFLICTS OF INTEREST
The SUBRECIPIENT shall comply with 2 CFR 200.112 with respect to the use of program fonds
to procure services, equipment, supplies, or other property. With respect to all other decisions
involving the use of program funds, the following restriction shall apply: No person who is an
employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and
who exercises or has exercised any functions or responsibilities with respect to assisted activities,
or who is in a position to participate in a decision making process or gain inside information with
regard to such activities, may obtain a personal or financial interest or benefit from the activity, or
have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds
there under, either for himself or herself, or for those with who he or she has family or business
ties, during his or her tenure or for one (t) year thereafter.
The SUBRECIPIENT agrees to abide by the ESG-CV Program's Conflict of Interest provisions
as expressly detailed in 24 CFR § 576.404 regarding Organizational Conflicts of Interest and
Personal Conflicts of Interest. All contractors of the SUBRECIPIENT must comply with the
same requirements that apply to the SUBRECIPIENT under this section.
XII. ASSIGNABILITY
None of the duties of, or work to be performed by, the SUBRECIPIENT under this
AGREEMENT shall be subcontracted or assigned to any agency, consultant, or person without
the prior written consent of the CITY. The SUBRECIPIENT must submit all subcontracts and
other agreements that relate to this AGREEMENT to the CITY. No subcontract or assignment
shall terminate or alter the legal obligations of the SUBRECIPIENT pursuant to this
AGREEMENT.
XIII. EXCLUSIVITY OF AGREEMENT
This AGREEMENT supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the use of the CITY's ESG-CV Funds by the SUBRECIPIENT
and contains all the covenants and agreements between the parties with respect to such ESG-CV
Funds in any manner whatsoever. Each party to this AGREEMENT acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement or amendment hereto shall be effective unless executed in writing and signed by
both the CITY and the SUBRECIPIENT.
XIV, AMENDMENTS OR MODIFICATIONS
The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize program funds for
any activity or purpose not included or not in conformance. with the budget as apportioned and as
submitted to the CITY unless:
(1) The SUBRECIPIENT has received explicit written approval from the CITY to undertake
such actions, or
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25B-40
(2) Budget changes may be made among approved program activities and among approved
budget categories so long as the specific project activity has been approved, there is no
change to the total grant amount, and the changes to the budget are documented.
Any program modification request by the SUBRECIPIENT must be requested at least forty-five
(45) days prior to the end of the term of this AGREEMENT, No modification to this
AGREEMENT shall be binding by either party unless in writing and signed by both parties,
In the event that the CITY approves any amendment to the funding allocation, the
SUBRECIPIENT shall be notified in writing and such notification shall constitute an official
amendment.
The CITY may, at its discretion and upon provision of proper notice to the SUBRECIPIENT,
amend this AGREEMENT to conform with changes in Federal, State, and/or the CITY laws,
regulations, guidelines, directives, and objectives. Such amendments shall be incorporated by
written amendment as a part of this AGREEMENT.
XV. VIOLATION OF TERMS AND CONDITIONS
A. Termination
If, due to any cause, the SUBRECIPIENT fails to comply with the terms, conditions or
requirements of this AGREEMENT, or any prior AGREEMENT whereby ESG-CV funds were
received by the SUBRECIPIENT, whether stated in a Federal statute or regulation, an assurance, a
State plan or application, a notice of award, or elsewhere, the CITY may terminate or suspend
this AGREEMENT in. accordance with 2 CFR 200.339 and in accordance with 2 CFR 200340 by
giving written notice, and the CITY may request in writing that all or some of the grant funds be
returned even if the SUBRECIPIENT has expended the finds.
If the SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain
expenditures, the SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance
and repay the CITY all amounts spent in violation thereof. If the SUBRECIPIENT engaged in
fraudulent activity to obtain and/or justify expenditure of the ESG-CV funds granted hereunder, the
SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained
and/or spent under fraudulent circumstances, and the CITY reserves the right to take other remedies
that may be legally available.
The SUBRECIPIENT agrees to return all finds as requested by the CITY under this section
within thirty (30) days of receipt of the written request.
Any objections regarding terminations or suspensions shall be made by the SUBRECIPIENT in
writing and mailed to the CITY pursuant to the above NOTICES section.
XVI. CLOSE-OUT
The SUBRECBPIENT agrees to comply with the closeout procedures detailed in 2 CFR 200,343,
including the following:
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25B-41
1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end
date of the period of performance, all financial, performance, and other reports as
required by the terms and conditions of the Federal award;
2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all
obligations incurred under the Federal award not later than ninety (90) calendar days
after the end date of the period of performance as specified in the terms and
conditions of the Federal award;
3. SUBRECIPIENT trust promptly refund any balances of unobligated cash that the
CITY paid in advance or paid and that is not authorized to be retained by
SUBRECIPIENT for use in other projects (See OMG Circular A-129 and 2 CFR
200,345);
4. SUBRECIPIENT must account for any real and personal property acquired with
Federal funds or received from the Federal government in accordance with 2 CFR
200,310-200.316 and 200,329; and,
S. The CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
XVII. VALIDITY AND SEVERABILITY
The invalidity in whole or in part of any provision of this ARGREEMENT shall not void or affect
the validity of any other provision of this AGREEMENT. Whenever possible, each provision of
this AGREEMENT shall be interpreted in such mariner as to be effective and valid under
applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid
under applicable law, such provision shall be ineffective only to the extent of such prohibition or
invalidity, without invalidating the remainder of such provisions of this AGREEMENT.
XVIII. LAWS GOVERNING THIS AGREEMENT
This AGREEMENT shall be governed by and construed in accordance with the laws of the State
of California, and all applicable federal laws and regulations.
XIX. WAIVER
No delay or omission by the CITY hereto to exercise any right or power accruing upon any
noncompliance or default by the SUBRECIPIENT with respect to any of the terms of this
AGREEMENT shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof or
of any other covenant, condition, or agreement herein contained.
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25B-42
XX. AGREEMENT DOCUMENT, EXHIBITS. AND ATTACHMENTS
All of the attachments and exhibits attached to this AGREEMENT are deemed incorporated by
reference. This document may be executed in three (3) counterparts, each of which shall be
deemed to be an original.
Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to
bind their respective parties to each of the terms of this AGREEMENT, and shall indemnify the CITY Rilly,
including reasonable costs and attorney's fees, for any injuries or damages to the CITY in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and
year first above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA CARVALHO
Ci7z'
By: R Alq O, HODGE
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
STEVEN A. MENDOZA
Executive Director
Community Development Agency
CITY OF SANTA ANA
a municipal corporation
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
Z% _ ✓
JOHN ING
CFO, Illumination Foundation
Tax ID: 71-1047686
23
25B-43
EXHIBIT A: NAVIGATION CENTER SCOPE OF SERVICES
CASE MANAGEMENT
A Case Manager's primary function is to connect clients to an array of social services,
entitlements, Food Stamps, Medi-Cal, and assist clients with completing any applications for
SSI, SSDI, Unemployment or retirement benefits. In addition, a Case Manager will work closely
with the client to secure vital documents needed to obtain permanent housing such as:Birth
Certificate, Driver's License or ID card, Social Security card, Passport, etc. Case Managers will
also be the primary point of contact when assisting clients through legal issues, homeless court,
and traffic tickets. Case Managers meet weekly, and at times much more frequently with clients
to develop goals, to obtain and maintain housing, and to become stable and active in the
community at large. Most importantly, Case Managers assist Housing Navigators when
preparing a client for permanent housing.
HOUSING NAVIGATIONAND SUSTAINABILITYSER VICES
Housing Navigators support Case Managers as they work with clients to gain housing. A
Housing Navigator's job is to cultivate and maintain housing inventory suitable to meet the
needs of our clients. Housing Navigators assist clients when navigating the Housing Authority
and the housing voucher system, landlord/tenant relations, rights and responsibilities of tenants.
In addition, Housing Navigators can assist clients with a"hands on" approach when doing
walkthroughs of potential units and introductions of the landlord and client. Housing Navigators
assist clients from the housing application process through to the move in. Housing Navigators
continue to support clients in housing as retention and stabilization specialists as well.
SITEIPROGRAM MANAGEMENT
The Site Manager is responsible for the day-to-day supervision of the facility and all staff
assigned to the facility. Site Managers will maintain the facility up to city building codes and
contractual obligations at all times. Site Managers serve as arbiter in client issues, and set
standards of performance for all direct reports. Additionally, Site Managers will track and report
on all contractual data and outcome reporting.
SITE CLEANLINESS
Site Assistants' primary function is to assist clients with their day-to-day needs including but not
limited to: bedding, hygiene supplies, storage of personal items, transportation to and from
appointments, laundry or food service where a client is physically incapable of completing these
tasks without assistance. Site Assistants will also be responsible for the daily upkeep and
cleanliness of the facility. In addition, a Site Assistant's role is to engage each client on a daily
basis, build trust and rapport and ultimately a relationship that will allow for mutual
communication and respect. This foundation is instrumental in addressing emergent issues with
clients, and assisting in crisis de-escalation.
1
25B-44
SUBSTANCE USE COUNSELING
The role of the Substance Use Counselor is to address clients who by their own admission suffer
from the negative impact of substance use in their lives. Counselors will use a "Harm Reduction"
approach when malting contact with clients. The Harm Reduction model recognizes that each
individual has the right to self-determination. We have had success with this approach, seeing
numerous clients modify or discontinue use of substances. Counselors will be able to reflect back
some of the negative and lasting effects that substance use may be having in a client's life, and
offer them the therapeutic tools and support to build their own customized Recovery Plan.
BEHAVIORAL HEALTH THERAPY
The role of the Behavioral Health Therapist is to build trust and rapport with the client in an
attempt to address possible past traumatic episodes. Using evidence -based practices, a
Behavioral HealthTherapist who is able to gain the trust of their client can, in many cases,
deliver services that assists the client with processing their past life experiences that have kept
them from being able to move forward into stability. This plays a key role in preparing long-term
or chronically homeless individuals for the possibility of being housed and remaining stably
housed.
PROGRAMLAYOUT
The Navigation Center will include:
• Sleeping Area
• Pet Accommodations
• Dining/Commons Area
• Food Storage , Refrigeration, and Prep Area
• Security Offices/Station
• Site -Administration and Operations Offices
• Intake and Private Meeting Areas
• Restroom and Shower Areas
• Laundry Facilities
• Client Storage Area
• Recreational Opportunities
• Access to Computers
In addition, the site will also feature:
• Outdoor Facilities/Areas
• Bike Rack Area
• Outdoor Commons
• Pet Area
25B-45
ADMISSION CRITERIA
All clients must be literally homeless in the City of Santa Ana. Clients will be admitted through
the reservation system. A prospective client must be willing to participate in creating and
working a housing plan, follow facility expectations, and maintain appropriate behavior with
consideration for other clients. All clients must review and sign a copy of the "Client
Expectation" document prior to entry. Intake staff will assist any clients who may have
difficulty understanding or reviewing these expectations.
A form of official identification is required to verify identity; however, a client will not be
denied access to services without one Case Managers and/or Housing Navigators will assist
clients in obtaining a California ID, providing each client with a no -cost ID voucher.
EXIT PROCEDURES
When a client must be exited for serious or continued rule violations, the following procedure
will be used:
• The client will have the procedure explained in a polite and concise manner.
• The client will be given 2-3 alternatives for shelter (based on availability), and will be
assisted with gathering all belongings.
• Client will be asked to sign a Discharge document (client's refusal to sign will be noted
and a second staff signature will suffice).
• Client will be transported to either the shelter they have chosen or to one of the
preapproved drop off/pick up destinations.
When a client is exiting into housing or reuniting with family, they will sign the coinciding
documents, gather their belongings, receive a certificate of successful completion, and be
transported to their new living arrangement.
GOOD NEIGHBOR POLICY
Illumination Foundation is committed to communication with neighbors on an ongoing basis. As
part of this commitment, a public inquiry phone number and contact information will be posted.
Community stakeholders may call this number for information about the site or to have any
questions answered. Any community complaints and/or inquiries about the program will be
recorded and forwarded to the appropriate staff for prompt investigation. Illumination
Foundation will be frilly committed to an appropriate customer service response and will
consider the resolution of community complaints a high priority.
Illumination Foundation will also create and maintain a program website that will include
important information for community stakeholders and clients alike. The website will include a
"Frequently Asked Questions" section which will help to provide instant answers to community
concerns. Illumination Foundation will highlight volunteer, in -kind, and donation opportunities
encouraging community support for the program.
3
25B-46
Illumination Foundation is committed to communicating and working collaboratively with the
City, law enforcement, and fire departments through all stages of program implementation- from
facility design to program execution. The intention of Illumination Foundation is to be as
self-sufficient as possible and minimize the facility's impact on the local police and fire
departments. This includes ensuring that staff and security are trained to properly manage and
respond to an array of difficult situations that may occur at the facility.
Illumination Foundation will provide an array of services and support that will be beneficial to
local police and fire departments. These services include, but will not be limited, to:
• Security Officers stationed both on -site and at shuttle locations
• Designated beds reserved each night for law enforcement referrals
• Staff Neighborhood Patrol will monitor surrounding area to control issues of loitering,
abandoned property, and other blight
• Training opportunities on mental illness, homeless sensitivity, or other topics of interest
to supplement existing department trainings
• Direct referral access to the Coordinated Entry System to connect homeless individuals
with housing opportunities
• Statistical reports on number of clients served, length of stay and/or demographic
information
Illumination Foundation will be committed to active participation in city and county -wide
community events. To the extent that is reasonable and feasible, representatives of Illumination
Foundation will attend meetings of the local Neighborhood Association(s) and local Chamber of
Commerce(s) when invited, and communicate with neighborhood and business participants.
Additionally, Illumination Foundation may sponsor special events, such as community resource
fairs, which will include the community and the neighborhood on various occasions.
STAFFPLAN
Illumination Foundation will exercise their best efforts to prioritize Santa Ana residents while
hiring for this facility, but may hire from any geographic area if necessary.
STAFF TRAINING
All Program staff will be trained when hired in: emergency evacuation, first aid procedures,
mandated reporting policies, crisis intervention, and CPR procedures. This training will be
repeated and updated annually and as needed. Staff may receive additional training on different
topics as opportunities arise and are needed.
Each staff member also receives on -going in-service training in crisis management,
strength -based approaches, trauma -informed care, motivational interviewing, mediation, and
positive communication skills.
25B-47
Security staff will be provided sensitivity training to better equip them to work with homeless
clients, and those in crisis.
ACCESS TO SAFE SHELTER
The Navigation Center will be accessible 24 hours a day, seven days/week, 365 days a year. In
order to decrease the impact to the surrounding neighborhood, access to bed availability will be
handled through a reservation system. No walk-ins for the Navigation Center Program or
services will be permitted. Illumination Foundation shall prioritize all beds at the facility for use
by persons who reside in Santa Ana, based on reasonable criteria established to determine
residency. Approved referral agencies are City of Santa Ana authorities, including but not
limited to members of the Santa Ana Police Department, Santa Ana staff, and/or third -parties
under contract with the City for outreach and engagement services with homeless individuals.
This includes CityNet, Illumination Foundation, and the Orange County Health Care Agency.
LENGTH OF STAY
Illumination Foundation proposes a 120- to 180-day length of stay; however based on a client's
vulnerability, chronicity, and available housing inventory, more time may be required. It is
Illumination Foundation's goal to match all eligible individuals to appropriate permanent
housing at the earliest opportunity. Each client will have a Case Manager and Housing
Navigator supporting their progress toward housing stabilization. The program is designed to
provide this support until a housing option becomes available. However, at any time a client
may be exited from the shelter for safety or continual shelter violations.
SLEEPING AREAS
Due to the nature of this facility, beds provided will be single beds, in a dorm setting. Each client
will be assigned a pillow and bedding for the length of their stay. Bedding will be washed and
changed at regular intervals to promote health and cleanliness.
Space will be divided to allow for separate sleeping areas for men and women, couples and
families.
Flexible sleeping space will also be provided for the transgender population, those dealing with
illness or for other special needs populations.
PET FRIENDLY
Illumination Foundation believes in providing support for the most vulnerable individuals and
their companion animals. The Navigation Center Program will provide space for a total of 30
companion/service/support animals. Clients may bring (1) pet with them up to the shelter
maximum of 30. Animals must be maintained by the clients, however Illumination Foundation
can help with linkage to animal resources, including veterinary and hygiene services in most
cases.
5
r
MEALS
Breakfast, lunch, dinner, and healthy snacks will be provided for all clients in a central dining
area. Hot meals will be purchased and delivered to the site daily from an Illumination
Foundation service partner. These meals will be served to clients of the facility by both paid
staff and volunteers.
HYGIENE FACILITIES
Hygiene facilities will be provided on -site including toilets and showers. Clients will be
encouraged to utilize these facilities daily. Toiletries will be provided by Illumination
Foundation to clients as needed. Laundry will be done by paid staff and volunteers at intake.
Clients will be assisted with their laundry on a weekly basis to ensure a healthy shelter
environment. As a preventative measure, upon entry all client's clothes and belongings will be
sanitized and washed to prevent the spread of pests and allergens.
TRANSPORTATION
Illumination Foundation will provide transportation in vans and shuttles to predetermined drop
off/pick up locations throughout the city of Santa Ana. In addition, Illumination Foundation will
provide clients with transportation to and from doctors appointments, social services
appointments, housing appointments and any other destination that is in alignment with the
client's established housing plan. Some transportation may be completed by Uber, Lyft, and
OCTA depending on the availability of transportation, the volume of clients requiring
transportation on a given day, and the client's vulnerability and capabilities.
SECURITY
Illumination Foundation will contract with a state -licensed security vendor that will be stationed
inside and outside of the facility property 24 hours a day 7 days a week. Illumination Foundation
will follow policies and procedures that promote utmost safety for clients, staff, volunteers, and
the community. Illumination Foundation will strive to provide an atmosphere that promotes
community, stays alert for signs of conflict, and confronts behaviors before they escalate. The
security plan will include a multifaceted approach involving secured entrances, security searches
upon entrance, confiscation of harmful contraband, trained security personnel providing
around -the -clock indoor and outdoor coverage, security cameras. and lighting. Other program
elements that will support security efforts include no walk ups and no loitering policies.
9
25B-49
-------------
sa� t+..3 }•r,,,,..n.� 37N;LINK.EIVIERG.ENC�',SN6,L$R.QPORIN�+OVDG�Tk...,
Personnel
Subto
Staffing and Expense Assumptions
Annual Salary
Benefits
Total
$
$
$
$
$
$
$
$
$
30,000
84,000
84,000
50,000
84,000
135,000
350,000
222,000
13,750
Monthly
FTE
-: 25%''<
0.50
;$ 60,000
$ 15,000
$ 75,000
$
3,125
2.00-.$
42,000-
$ 10,500
$ 52,500
$
8,750
2.00'.
$ 42,000
$ 10,500
$ 52,500
$
8,750
1.00.
$ 50,000
$ 12,500
$ 62,500
$
5,208
2.00
$ 42,000
$ 10,500
$ 52,500
$
8,750
3.00.
$. _.45,000:
$ 11,250
$ 56,250
$
14,063
10.00:
-$ _35,000
$ 8,750
$ 43,750
$
36,458
6.00 `.
$ 37,000..
$ 9,250
$ 46,250
$
23,125
:$ 55,000
$ 13,750
$ 68,750
$
1,432
109 661
al 26.75
Client Assistance
Client capacity 140
Food $8.50 per day per client
Other needs $1.50 per day per client
Facilities Expenses
Rent
N/A.
Utilities
N/A,
Insurance
, $....
15,000.
annual
Maintenance
'`.$
20'
monthly per census
Other Expenses
Liability insurance
$
15,000,-
annually
Security services
$
20
hourly
Pet care contract
N/A-
Office supplies
.$
20
per FTE per month
Telecom
$.
30
per FTE per month
Staff mtg & travel
.'$.
15
per FTE per month
Automobiles
'$
2,000..
per car per month
Bus passes
>$
500.-
per month
Miscellaneous
.`$.
10-
monthly per census
Administration
of Operating costs
10% '
24/7 coverage � guard(s)
Nofcars �$
$ 36,196
$ 6,388
$ 42,583
a
$ 1,250
$ 58,400
$ 9,000
$ 535
$ 803
$ 401
$ 10,000
$ 500
$ 1,400
$ 82,289
$ 26,229
$68 70 PER DIEM
25B-50
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26,1988 Federal Resister (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance fiends certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
John Ing, CFO / Illumination Foundation
Name and Title of Authorized Representative
9/29/20
Date
EXHIBIT C
Page 1 of 2
25B-51
1. By signing and submitting this proposal, the prospective recipient of federal assistance Hands is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and.
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, hieligibility and
voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the List of Parties Excluded from Procurement or Non -
Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these inshuctions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Govermnent, the DOL may pursue available
remedies, including suspension and/or debarment.
EXHIBIT C
Page 2 of 2
25B-52
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) I£ any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Illumination Foundation
Grantee/Contactor Organization Program Title
John H. Ing, CFO �e 9 / 2 9 / 2 0
Name of Certifying Officer Signature Date
EXHIBIT D
Page 1 of 2
25B-53
SUBRECIPIENT warrants the following;
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of constriction work financed in whole or in part with commurty
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT D
Page 2 of 2
25B-54
Certification Regarding Drug -Free Workplace Requirements
The certification set out below Is a material representation upon which reliarice is placed
by the U.S, Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, In addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that It will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about—
(1) The dangers of drug abuse In the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction,
(a) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
Exhibit E 1 of 3
25B-55
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -Free workplace
through Implementation of paragraphs (a), (b), (c), (d), (e) and (f),
B. The contractor shall Insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, If It is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additlonaf sites by submitting a revised "Place of
Performance" form.
Illumination Foundation
Organization
9/29/20
Authorized Signature Date
25B-56
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Illumination Foundation
Date: 9/29/20
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
1815 E. Carnegie Avenue
County of Orange, Santa Ana, CA 92705
25B-57
GREATER LOS ANGELES & ORANGE COUNTY
HOMELESS MANAGEMENT INFORMATION SYSTEM (LA/OC HMIS)
PARTICIPATING ORGANIZATION AGREEMENT
I. Purpose
The HMIS is a HUD -mandated Information technology system that is designed to capture client -level information
over time, on the characteristics and service needs of homeless persons. Client data is maintained on a central
server, which will contain all client Information in an encrypted state. HMIS Integrates data from all homeless
service providers andorganizations In the community and captures basic descriptive Information on every person
served. Participation inLA/OC HMIS allows organizations to share information with other participating
organizations to create a morecoordinated and effective delivery system.
The LA/OC HMIS is the secured electronic database for the Greater Los Angeles and Orange Counties and is a
valuable resource for local communities. The LA/OC HMIS Collaborative consists of four separate Continuums of
Care (CoC). The continuums are: Los Angeles City and County; Santa Ana/Anaheim/Orange County; Glendale; and
Pasadena.
The LA/OC HMIS Collaborative's goal is to provide a comprehensive case management system to advance the
provision of quality services for homeless persons, improve data collection, and promote more responsive policies
to end homelessness in the Greater Los Angeles and Orange Counties.
II. Agreement and Understanding
This Agreement authorizes this Participating Organization (Organization) to designate HMIS Users (User). A User is
a staff person entrusted to enter Protected Personal Information (PPI) into the LA/OC HMIS, on behalf of this
Organization. In order to allow a User to access the LA/OC HMIS, a User Agreement must be signed by the User,
the HMIS Administrator, and this Organization's Authorized Representative.
III. Confidentiality and Informed Consent
Confidentiality: This Organization must require all Users to abide by Its organization's policies and procedures;
uphold all privacy protection standards established by the LA/OC HMIS Collaborative Policies and Procedures; and
comply with all relevant federal and State of California confidentiality laws and regulations that protect client
records. Except where otherwise provided for by law, this Organization shall ensure that confidential client records
are released with the client's written consent.
Written Consent: To obtain written consent, prior to each client's assessment, each client must be informed
that the client's information will be entered Into an electronic database called HMIS. The terms of the Consent to
Share Protected Personal Information form must also be explained to each client. Clients who agree to have
their PPI entered into the LA/OC HMIS must sign the Consent to Share Protected Personal information form.
Verbal Consent: Verbal consent to enter PPI Into the LA/OC HMIS may be obtained during circumstances such
as phone screenings, street outreach, or community access center sign -ins. Each client must be Informed that his
or her information will be entered into the HMIS database. The terms of the Consent to Share Protected
Personal Information form must also be explained to each client. The client's written consent must be obtained
once the client appears for his or her Initial assessment.
Version 1.5 Exhibit F Modifled 1012112015
Page 1 of 3
25B-58
IV. Client's Rights
The client has a right to receive a copy of this notice at the time of request,
Each client has the right to receive the following, no later than five (5) business days of a written request;
• A correction of Inaccurate or Incomplete PPI
• A copy of his or her consent form
• A copy of his or her HMIS records
• A current list of participating organizations that have access to HMIS data
V. Data Use
This Organization must protect HMIS data by ensuring that:
• A link to the Privacy Notice is accessed from the Organization's webslte.
• LA/OC HMIS is not accessible to unauthorized users
• IA/OC HMIS is only accessed by computers approved by the Organization
• HMIS Users are trained regarding user responsibilities and conduct
• HMIS Users sign and comply with the LA/OC HMIS User Agreement
• HMIS Users forward a copy of a client's Revocation of Consent to the HMIS Administrator within 24 hours of
receipt.
VI. Responsibilities
This Organization Is responsible to ensure that:
• The Notice Regarding Collection of Personal Information Is posted at each intake desk or comparable
location,
• HMIS Users do not misuse the system
• Clients are notified If a breach of their PPI is discovered
• Any HMIS User who finds a possible security lapse on the system is obligated to immediately report It to the
HMIS Administrator,
+ A signed copy of the Consent to Share Protected Personal Information is retained for a period of seven
(7) years after the PPI was created or last changed.
VII. System Use
Computer equipment and services provided by a CoC are intended only for LA/OC HMIS-related activities.
Prohibited uses include, but are not limited to: malicious or illegal activities; unauthorized access; the creation,
sending and/or storing of fraudulent, threatening, harassing, or obscene messages; inappropriate mass mailing
(spamming, flooding, bombing); denial of service attacks; and the creation or intentional distribution of computer
viruses, worms, and/or Trojan horses.
Equipment, if applicable: All CoC-provided computer equipment Including, but not limited to,
printers, scanners, laptops and monitors, were provided through grant funds from HUD. The maintenance
and upgrades of these devices are subject to the requirements and funding limitations of the HUD grant.
Maintenance and/or upgrade costs to equipment, Incurred after the HUD grant funds have been
exhausted, become the sole responsibility of this Organization.
Software, Licenses, and/or Services, if applicable: CoC-provided services to each organization
may Include, but are not limited to, purchasing and installing Anti -Virus Software and licenses, Firewall
software and licenses, Windows software updates and High -Speed Internet Connections. The software
and/or services are provided for HMIS purposes through HUD grant funds. The maintenance, upgrades
and license purchases are subject to the requirements and funding limitations of the HUD grant,
Additional maintenance, upgrades and license purchases, Incurred after the grant funds have been
exhausted, become the sole responsibility of this Organization.
Version 1.5 Page 2 of 3 Modified 1012112015
25B-59
Vill, Rights and Privileges
LA/OC HMIS data is stored In one central database and is owned by the LA/OC HMIS Collaborative. The LA/OC
HMIS Collaborative reserves all rights to the HMIS data. Use of the LA/OC HMIS equipment, software, licenses,
and/or services is a privilege and Is assigned and managed by each HMIS Administrator.
IX. Copyright
The LA/OC HMIS and other CoC-provided software are protected by copyright and are not to be copied, except as
permitted by law or by contract with the owner of the copyright. The number and distribution of copies of any CoC
provided software are at the sole discretion of the HMIS Administrator.
X. Violations
Any violations or suspected violations of any of the terms and conditions of this agreement, the HMIS User
Agreement, and/orthe HMIS Policies and Procedures, must be Immediately and confidentially reported to the
HMIS Administrator and the Executive Director or other authorized representative of this Organization,
XI. Term
This Participating Organization Agreement becomes effective on the date of final execution and shall remain in
effect unless terminated pursuant to paragraph XI. Termination, below.
XII. Amendment and Termination
. The LA/OC CoC reserves the right to amend this agreement by providing a 3-day notice to this Organization.
- Either party has the right to terminate this agreement, with or without cause, by providing a 3-day written
notice to the other party.
• If this agreement Is terminated, this Organization shall no longer have access to HMIS or any information
therein. The remaining LA/OC HMIS participating organizations shall retain the right to use all client data
previously entered by this Organization, subject to any restrictions requested by the client.
All organizations that sign this agreement and are granted access to the LA/OC HMIS agree to abide by LA/OC's
HMIS Collaborative Policies and Procedures. The signature of the Executive Director or other authorized
representative of this Organization Indicates acceptance of all terms and conditions set forth in this agreement.
This Agreement is executed between the CoC and the Participating Organization. Upon final execution, this
Organization will be given access to the LA/OC HMIS.
Illumination Foundation
Organization Name
Sohn H. Ing, CFO
Organization Administrator/Authorized Representative
(Print Name)
Signature
9/29/20
Date of Signature
CoC Name
HMIS Administrator Name (Print Name)
Signature
Date of Signature
Version 1.5 Page 3 of 3 Modified 10/21/2015
25B-60
Orange County CoC
Inter -Agency Data Sharing Memorandum of Agreement
The Illumination Foundation agency agrees to share client data among participating
agencies via the LA/OC HMIS (Homeless Management Information System) for the purposes outlined below. Each
participating agency must complete and comply with the Agency Agreement. Each individual HMIS user must complete
and comply with the HMIS User Agreement. This document is available on the OCHMIS webslte
htti)://www.ochmis.orci.
Uses of HMIS Data:
• Coordinate housing services for families and individuals experiencing homelessness or facing a housing crisis in
Orange County
• Understand the extent and the nature of homelessness in Orange County
• Evaluate performance and progress toward community benchmarks
• Improve the programs and services available to Orange County residents experiencing homelessness Ora
housing crisis
• Improve access to services for all Orange County homeless and at -risk populations
• Reduce Inefficiencies and duplication of services within our community
• Ensure that services are targeted to those most In need, including "hard to serve" populations
• Ensure that clients receive the amount and type of services that "best fits" their needs and preferences
• Pursue additional resources for ending homelessness
• Advocate for policies and legislation that will support efforts to end homelessness In Orange County
Client Protection:
• Informed consent must be given by clients in order for their identifying Information to be entered into HMIS and
shared among agencies In the LA/OC HMIS (see Orange County HMIS participating agencies on OCHMIS.org).
Non -Identifying client information may be entered In the system for all clients regardless of whether they give
their informed consent and regardless of their domestic violence status.
• Only non -Identifying Information will be entered for clients currently fleeing or in danger from a domestic
violence, dating violence, sexual assault or stalking situation.
• Identifying client information will only be shared among agencies that have signed this agreement. At the time of
Informed consent, and at any point after, the client has the right to see a current list of the OC HMIS
participating agencies.
• Additional agencies may Join the LA/OC HMIS and will be added to the list of HMIS participating agencies. As
part of the Informed consent process, clients must be Informed that additional agencies may join the
collaborative at any time and will have access to their Information.
• HMIS Users will maintain HMIS data In such a way as to protect against revealing the Identity of clients to
unauthorized agencies, Individuals, or entitles (see the "OC HMIS Client Consent Form," and the "Client Rights
Brochure OC" available on the OCHMIS.org webslte).
• Clients may not be denied services based on their choice to withhold their consent.
Each party to this memorandum of agreement shall defend, indemnify, and hold all other parties harmless from any and
all claims arising out of that party's negligent performance of this agreement. Any loss or liability to third parties resulting
from negligent acts, errors, or omissions of a LA/OC HMIS user while acting within the scope of their authority under this
Agreement shall be borne by that user exclusively.
Agreed to and signed by the following agency representative:
Sohn H. Ing Illumination Foundation
Printed Name Agency Name
^" 9/29/20
Exhibit
orange Coun!y G,)Inb;o-A..=ncy Da!r , n „q Ndai onndsim CFrlyreement Upd it::d c I? II) t?-
25B-61
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
❑ As Recommended
APPROVE AN AMENDMENT TO THE
ElAmended
❑ OOrrdinance on 1 sl Reading
CONTRACT WITH BUCHALTER APC TO
❑ Ordinance on 2od Reading
PROVIDE CONSULTING SERVICES
❑ Implementing Resolution
RELATED TO THE AIRPORT LAND USE
❑ Set Public Hearing For_
COMMISSION IN THE AMOUNT OF
$50,000 FOR A TOTAL NOT TO EXCEED
$100,000
(GENERAL FUND)
/s/ Kristine Ridge
CITY MANAGER
IN=101IT, IIT, 1A►U7A11e«IIML1I
CONTINUED TO
FILE NUMBER
Authorize the City Manager to execute an amendment to the agreement with the law firm Buchalter
APC for consulting services related to the Airport Land Use Commission for an additional one (1)
year period ending June 30, 2022, for a total contract amount not to exceed $100,000, subject to
non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In June 2020, the City Manager approved a $50,000 contract with Buchalter APC to provide
specialized legal services related to the overrule of the Airport Land Use Commission's (ALUC)
determination of inconsistency for the development project at 2300, 2310, and 2320 South Red Hill
Avenue (Warner Red Hill). To date, the City has received invoices from Buchalter totaling almost
$37,000.
The Planning Division is completing the comprehensive update to the General Plan, which includes
the potential adoption of five new focus areas. One of the focus areas, the 55/Dyer Corridor, is
proposing to include new residential development within a portion of the focus area. In the past,
the ALUC has found the two approved residential development projects (The Heritage and Warner
Red Hill) in this proposed focus area inconsistent with the Airport Environs Land Use Plan
(AELUP). Based on staff's recent discussions with ALUC staff and their Commission's past
actions, it is highly probable that the ALUC will make a determination that the new development
planned within the 55/Dyer Focus Area is inconsistent with the AELUP. As a result, staff needs
the expertise Buchalter APC possesses in preparing the findings required to overrule the ALUC.
Since the work necessary to respond to the ALUC's determination for Warner Red Hill and the
comprehensive update to the General Plan will exceed $50,000, staff is recommending that the
25C-1
Contract with Buchalter APC
October 6, 2020
Page 2
City Council authorize approval of an amendment (Exhibit 1) to the agreement with Buchalter APC
to increase the compensation by $50,000, with a total not to exceed $100,000, and extend the term
for an additional year. It is anticipated that 50 percent of the cost will be related to the Warner Red
Hill private development project that will be a pass thru to be paid by the developer. The remaining
50 percent will be associated with the General Plan update project and will be incurred by the City.
FISCAL IMPACT
Funds are budgeted and available in the following Planning and Building expenditure account for
FY 2020/21.
Fiscal Year
Accounting Unit
Fund
Description
Accounting Unit,
Account Description
Amount
FY2020-21
01116510-62300
General Fund
Contractual Services
$50,000
FY2021-22
01116510-62300
General Fund
Contractual Services
$50,000
Total
$100,000
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management
Services Agency
Submitted By: Minh Thai, Executive Director/Planning and Building Agency
Exhibit: 1. Amendment
25C-2
FIRST AMENDMENT TO LEGAL SERVICES
AGREEMENT WITH BUCHALTER, APC
THIS FIRST AMENDMENT TO AGREEMENT is entered into on this 6 h day of October 2020, by
and between Buchalter, APC ("Attorneys"), and the City of Santa Ana, a charter city and municipal
corporation duly organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The parties entered into Agreement #N-2020-121 dated June 1, 2020 ("Agreement") by which
Attorneys agreed to provide City with specialized legal services for aviation law and related advisory matters
until June 30, 2021. The Agreement is current and in effect
B. The parties have determined that additional specialized legal services to the City will require an
increase to the overall compensation and an extension of the term for the Agreement to provide said services.
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:
THE PARTIES THEREFORE AGREE:
1. Section 2.d., COMPENSATION, is amended to increase the total sum to be expended under this
agreement to a not -to -exceed amount of $100,000, including any extension period.
2. Section 9, TERM, is amended to extend the termination date until June 30, 2022. The agreement
shall maintain the optional one (1) year extension period which may be exercised by the parties.
Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement
the date and year first above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: Lisa Storck
Assistant City Attorney
I: •1 11 Ut � •: ":•
Minh Thai, Executive Director
Planning & Building Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
BUCHALTER APC
Barbara Lichman
Shareholder
#63945vl 2 5 C _3
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
ORDINANCE FIRST READING: APPROVE
AMENDMENT NO. 2020-1 TO ALLOW THE
HISTORIC RESOURCES COMMISSION THE
ABILITY TO ADD CONDITIONS OF
APPROVAL TO HISTORIC APPLICATIONS
/s/ Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 s' Reading
❑ Ordinance on 2i1 Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt an ordinance amending Section 30-6 of Chapter 30 (Places of Historical and Architectural
Significance) of the Santa Ana Municipal Code (SAMC) to add conditions of approval to historic
applications.
DISCUSSION
The Planning Division has been working with the Historic Resources Commission (HRC) to
improve and enhance the goals, duties, and functions of the Commission. This months -long work
effort culminated in a presentation to the City Council at the July 7, 2020 City Council meeting
relating to a series of recommendations prepared by the HRC. Several of the HRC's
recommendations require modifications to the Santa Ana Municipal Code (SAMC.) Staff will be
bringing forth the proposed changes as they are ready for City Council consideration.
Currently, SAMC Section 30-6 does not allow the Commission to modify historic applications by
adding conditions of approval. As recommended, the proposed ordinance (Exhibit 1) involves
empowering the HRC to place conditions of approval when approving historic applications. The
proposed ordinance is consistent with the direction of the City Council.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By: Minh Thai, Executive Director, Planning and Building Agency
Exhibit: 1. Ordinance
50A-1
LS 10.6.20
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTION 30-6 OF
CHAPTER 30 (PLACES OF HISTORICAL AND
ARCHITECTURAL SIGNIFICANCE) OF THE SANTA
ANA MUNICIPAL CODE TO ALLOW THE HISTORIC
RESOURCES COMMISSION TO ADD CONDITIONS OF
APPROVAL TO HISTORIC APPLICATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Historic Resources Commission has requested the ability to impose
conditions of approval on historic applications in an effort to enhance historic
projects under their review.
B. On July 7, 2020, the City Council approved the list of recommendations,
including providing the Historic Resources Commission the authority to add
conditions of approval, and directed staff to provide an ordinance amendment
to the Council within 90 days.
C. The ability to impose project conditions for projects subject to Historic
Resources Commission review and approval will facilitate preservation goals
and maintain the historic character of structures and neighborhoods.
Section 2. Section 30-6 of Chapter 30 (Places of Historical and Architectural
Significance) of the Santa Ana Municipal Code is hereby amended to read as follows:
Sec. 30-6. — Modification of historic properties.
(a) No exterior physical modifications, other than those identified by the
historic resources commission for administrative approval by city staff,
shall be permitted with respect to an historic structure until the historic
resources commission approves such request at a duly noticed public
hearing and issues a certificate of appropriateness. The historic resources
commission shall issue the certificate of appropriateness upon finding that
the proposed modification(s) does not substantially change the character
and integrity of the historic property. The minutes of the historic resources
commission meeting shall serve as the official record.
Ordinance No. NS-XXXX
Page 1 of 3
y ILWA
(b) An application for exterior modification of a historic structure shall be
accompanied, except for those subject to administrative approval by city
staff pursuant to subsection (a), by payment of an application fee set in
such amounts as shall be established by resolution of the city council.
(c) The building official may determine a historic property is a dangerous
building. Modifications as determined necessary by the building official to
correct the dangerous building shall not require a certificate of
appropriateness. Modifications shall be consistent with the overall
architectural design and historic character of the structure and blend in
with the surrounding environment.
(d) The historic resources commission may impose and/or recommend
conditions of approval deemed reasonable and necessary on applications
that are subject to review and approval or recommendation by the historic
resources commission.
Section 3. Adoption of this Ordinance is exempt pursuant to general rule that
the California Environmental Quality Act (CEQA) applies only to projects that have the
potential for causing a significant effect on the environment in accordance with Section
15061 (b)(3) of the CEQA Guidelines. Approval of this ordinance allowing
recommendation of project conditions for projects subject to Historic Resources
Commission review and approval will not have a significant effect on the environment.
Section 4. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of 12020.
Miguel A. Pulido
Mayor
Ordinance No. NS-XXXX
Page 2 of 3
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Lisa E. Storck
Assistant City Attorney
IG\'IX.� .. . PTaiil.Ta��
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2020 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXXX
Page 3 of 3
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
RESOLUTION AND AGREEMENT
AUTHORIZING POLICE OFFICER
HEITMANN TO PURCHASE A
RETIRED SANTA ANA POLICE
DEPARTMENT K-9, AND ACCEPTING
THE DONATION OF A NEW K-9 AND
RELATED SUPPLIES
(GENERAL FUND)
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1sl Reading
❑
Ordinance on 2n' Reading
❑
Implementing Resolution
❑
Set Public Hearing For_
CONTINUED TO
/s/ Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Officer
Heitmann and the City of Santa Ana for the sale of a retired Santa Ana Police Department K-9,
and accepting the donation of a new K-9 and related supplies.
2. Authorize the City Manager to execute a purchase agreement with former Santa Ana Police
Officer Michael Heitmann for the sale of a retired Police Department K-9 in the amount of $1,
subject to non -substantive changes approved by the City Attorney and City Manager.
DISCUSSION
The Santa Ana Police Department Canine Unit utilizes police service dogs trained specifically to
assist with different patrol functions. The police service dogs serve as a valuable officer safety
resource during tactical and high -risk situations. The police service dogs are used to find and
apprehend violent suspects, providing officers with additional safety options when apprehending a
suspect. In addition to enforcement duties, the Canine Unit performs public relation activities that
enhance the crucial bond between the Police Department and community members. During public
demonstrations, community members are able to "meet and greet' the police service dogs and
observe live bite and detection demonstrations. The Santa Ana Police Department has six
apprehension dogs, one bloodhound, and one therapy dog.
On August 1, 2020, Officer Mike Heitmann completed his service as a K-9 Officer and separated
from the Santa Ana Police Department. His assigned K-9, Pepper, is ten years old, the average
retirement age for police service dogs. At her age, it would be impractical to keep her in service
and commence training with a new handler. During their assignment as a K-9 team, Pepper has
lived with Officer Heitmann for over four years.
55A-1
Resolution and Agreement for Police Department K-9
October 6, 2020
Page 2
As Pepper retires, Officer Heitmann wishes to purchase Pepper for the standard fee of $1. Officer
Heitmann will assume ownership and full responsibility for the care, maintenance, food, housing,
medical, and all other expenses that arise out of Officer Heitmann's ownership of Pepper. In order
to provide a consistent home and care for K-9 Pepper, staff recommend approval of the agreement
between Officer Heitmann and the City of Santa Ana for the purchase of Pepper.
In addition, from time to time, community members contribute funding and supplies to enhance the
Department's K-9 program. Police Volunteer Johanna Scillieri, who volunteers up to 30 hours per
week in the Investigations Bureau and has a passion for animals and the Department's K-9
program, wishes to donate one Police K-9, Baldur, and related supplies to the Santa Ana Police
Department. The total value of the K-9 and related supplies, including collars, leashes, and a
kennel, is approximately $15,000.
FISCAL IMPACT
Funds for this agreement will be deposited into the Police Department's FY 2020-21
miscellaneous reimbursement revenue account (No. 01114002-57402).
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management
Services Agency
Submitted By: David Valentin, Chief of Police - Police Department
Exhibits: 1. Resolution
2. Agreement with Officer Heitmann
55A-2
ix 116115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
AUTHORIZING THE AGREEMENT BETWEEN FORMER POLICE
OFFICER MICHAEL HEITMANN AND THE CITY OF SANTA ANA
RELATING TO HIS PURCHASE OF A POLICE K-9 AND ACCEPTING THE
DONATION OF POLICE K-9 ANIMAL, EQUIPMENT AND SUPPLIES
FROM JOHANNA SCILLIERI FOR THE SANTA ANA POLICE
DEPARTMENT K-9 PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. WHEREAS, former Officer Michael Heitman ("former Officer") was a police
officer with the City of Santa Ana and was assigned as a K-9 Officer in the Canine Unit;
and
B. WHEREAS, the City assigned a dog named Pepper to the K-9 program and
Pepper was assigned to former Officer; and
C. WHEREAS, Pepper has served the Santa Ana Police Department for
several years and Pepper is 10 years old, a normal retirement age for police service
dogs. Based upon her age and current physical condition, it would be impractical to
reassign Pepper to a new canine handler to attend Basic Handlers Course and to put
Pepper back in service; and
D. WHEREAS, former Officer requested permission to purchase Pepper and
the City is agreeable to selling Pepper to Officer due to their relationship as Pepper's
handler; and
E. WHEREAS, the Police K-9 program is replacing Pepper with new
donated K-9. Baldur: and
F. WHEREAS, community members contribute funding and supplies to
enhance the K-9 program and Police Volunteer Johanna Scillieri, who volunteers up to
30 hours per week in the Investigations Bureau at Santa Ana Police Department
(SAPD) and who has a passion for animals and the Department's K-9 program, wishes
to donate one Police K-9, Baldur, to the Santa Ana Police Department; and
G. WHEREAS, Baldur will be trained and certified under the SAPD's program
with Adlerhorst International, LLC, and will serve in the Department's K-9 program; and
Resolution 2020-xxx
Page 1 of 3 55A-3
H. WHEREAS, the total value to purchase Baldur, including equipment and
supplies donated by Ms. Scillieri is approximately $15,000.
Section 2. The City has declared Pepper to be surplus property and due to the
nature of officer's relationship with Pepper, the City Council authorizes the City Manager
to enter into an Agreement with former officer on behalf of the City to sell Pepper for $1.00
(one -dollar) under terms and conditions acceptable to the City Attorney.
Section 3. The City hereby accepts the donation of Baldur, to its ranks, and the
equipment and supplies for this K-9.
Section 4. If section, subsection, sentence, clause, phrase or word of this
Resolution is for any reason held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Resolution. The City
Council hereby declares that it would have passed and adopted this Resolution, and each
and all provisions hereof, irrespective of the fact that one or more provisions may be
declared invalid.
Section 5. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
ADOPTED this day of October, 2020.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: IMVU# 0 t —
Tamara Bogosian
Sr. Assistant City Attorney
Resolution 2020-xxx
Page 2 of 3 55A-4
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmem
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2020-XXX to be the original resolution adopted by the City Council of
the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution 2020-xxx
Page 3 of 3 55A-5
Exhibit 2
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT, made and entered into this 6th day of October, 2020
by and between former Santa Ana Police Department Officer Michael Heitmann ("former
Officer") 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. Former Officer was a member of the Santa Ana Police Department and was assigned as
a K-9 Handler in the K9 Unit.
B. Former Officer was, in connection with his assignment as a K9 Handler, given the care,
custody, and control of a police dog named `Tepper" (Dog).
C. Dog has been specially trained to assist officers in law enforcement tasks and to
respond to commands issued specifically by the former Officer.
D. Dog is 10 years old, a normal retirement age for police dogs. Based on her age and
current physical condition, it would be impractical to reassign Dog to a new canine
handler to attend Basic Handlers Course before being put back in service.
E. Dog is considered "surplus" property and the Director of Finance has agreed to sell
Dog to former Officer for the total sum of $1.00.
F. Former Officer wishes to purchase and adopt Dog. It is the City's intent to sell Dog
to former Officer subject to the conditions specified in this agreement.
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. City hereby sells Dog to former Officer for the total sum of $1.00, payable at the time
this contract is executed. Former Officer shall be the owner of the Dog upon
execution of this contract and payment of $1.00.
2. Former Officer agrees and hereby assumes ownership and full responsibility for the
care, maintenance, food, housing, medical and any and all other expenses that result
from or arise out of former Officer's ownership of Dog.
3. Officer agrees that the City shall have no further responsibility of liability for Dog or
Dog's care after the date of this Agreement.
4. Former Officer agrees to defend, indemnify and hold harmless the City and its
officers, employees, representatives, and agents with respect to any loss, damage,
claim, injury, or liability that arises out of, or is in any way related to, Dog or former
Officer's actions with Dog after the effective date of this Agreement.
5. Former Officer gives up and waives any right he may have on behalf of himself and
his heirs, assigns, and successors for any loss, injury, damage, claim, or liability
arising out of or in any way related to former Officer's ownership and possession of
Dog.
6. This Agreement contains the entire agreement between the parties and no
representations have been made by any of the parties or their representative, except as
is contained herein and any representations not expressed herein are invalid and
unenforceable. This agreement is valid on the effective date and may not be modified
thereafter, except in writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
CITY OF SANTA ANA
MICHAEL HEITMAN KRISTINE RIDGE
Former Police Officer City Manager
RECOMMENDED FOR APPROVAL: ATTEST:
DAVID VALENTIN DAISY GOMEZ
Chief of Police Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
amara Bogosian
Sr. Assistant City Attorney
554-7
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 15, 2020
TITLE:
RESOLUTION RESCINDING CITY COUNCIL
RESOLUTION NO. 2019-099, UPHOLDING
PLANNING COMMISSION'S ADOPTION OF
RESOLUTION NOS. 2019-35, 2019-36, 2019-
37; RESCINDING THE CITY'S CALIFORNIA
ENVIRONMENTAL QUALITY ACT -RELATED
FINDINGS; AND DECLARING NULL AND
VOID PLANNING COMMISSION
RESOLUTION NOS. 2019-35, 2019-36, AND
2019-37 PERTAINING TO THE PROPERTY
LOCATED AT 301 AND 325 N. TUSTIN
AVENUE
/s/ Kristine
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 sl Reading
❑ Ordinance on 2od Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
19111111111►U1LRICIV
RECOMMENDED ACTION
Adopt a resolution rescinding City Council Resolution No. 2019-099, upholding the Planning
Commission's adoption of Resolution Nos. 2019-35, 2019-36, and 2019-37; rescinding the City's
California Environmental Quality Act -related findings; and declaring null and void Planning
Commission Resolution Nos. 2019-35, 2019-36, and 2019-37 pertaining to the property located at
301 and 325 N. Tustin Avenue.
DISCUSSION
The 2018 Project Approvals
On October 8, 2018, the Planning Commission of the City of Santa Ana took the following actions
with regard to the property located at 301 and 325 N. Tustin Avenue (the "2018 Project"):
1. Adopted Resolution No. 2018-28, approving Conditional Use Permit No. 2018-18 to allow a
drive -through;
2. Adopted Resolution No. 2018-35, approving Variance No. 2018-10 to allow for reduced
yards for a service station;
On November 20, 2018, the City Council of the City of Santa Ana took the following actions with
regard to the 2018 Project:
1. Adopted Resolution No. 2018-081, adopting Mitigated Negative Declaration Environmental
Review No. 2016-156 and corresponding Mitigation Monitoring and Reporting Program;
55B-1
Resolution Rescinding 2019 Land Use Approvals (301/325 N. Tustin Ave.)
September 15, 2020
Page 2
2. Adopted Resolution No. 2018-082, approving General Plan Amendment No. 2018-05 for
the property located at 301 N. Tustin Avenue, 431 N. Tustin Avenue, and 2321 East Fourth
Street;
3. Introduced a first reading of Ordinance No. NS-2960, approving Amendment Application
No. 2018-08 to rezone 301 and 325 N. Tustin Avenue, 401 N. Tustin Avenue, and 2320
East Fourth Street from Professional to General Commercial;
On December 4, 2018, after a second reading, the City Council of the City of Santa Ana adopted
Ordinance No. NS-2960. Resolution Nos. 2018-28, 2018-35, 2018-081, 2018-082, and Ordinance
No. NS-2960 shall be collectively referred to as the "2018 Approvals."
The 2019 Protect Approvals
On September 9, 2019, the Planning Commission of the City of Santa Ana took the following
actions with regard to the property located at 301 and 325 N. Tustin Avenue (the "2019 Project'):
1. Adopted Resolution No. 2019-35, approving Conditional Use Permit No. 2019-30 to allow
a car wash;
2. Adopted Resolution No. 2019-36, approving an amendment to Variance No. 2018-10;
3. Adopted Resolution No. 2019-37, approving Conditional Use Permit No. 2019-31 to allow
24-hour operations of a retail store.
4. The City determined that the 2019 Project was eligible for a CEQA Class 32 In -fill
Development Exemption.
On October 15, 2019, the City Council upheld the Planning Commission's adoptions of Resolution
Nos. 2019-35, 2019-36, 2019-37, the City's CEQA Class 32 In -fill Development Exemption, and
further determined that the 2019 Project was eligible for a CEQA Class 3 New Construction or
Conversion of Small Structure Exemption after a duly noticed de novo public hearing on Appeal
Application 2019-03, by City Council Resolution No. 2019-099. Planning Commission Resolution
Nos. 2019-35, 2019-36, 2019-37, City Council Resolution No. 2019-099, and the City's CEQA
Class 32 In -fill Development and Class 3 New Construction or Conversion of Small Structure
Exemptions are collectively referred to as the "2019 Approvals".
On August 31, 2020, the applicant for the 2019 Project, The Russell Fischer Partnership, LP
("RF"), submitted a letter to the City Council requesting rescission of the 2019 Approvals due to
financial hardship caused by dramatic changes in the economy caused by the COVID-19
pandemic. (Letter attached hereto as Exhibit 1).
Because RF no longer intends to pursue the 2019 Approvals, staff recommends that the City
Council rescind the following 2019 Approvals in their entirety such that the 2019 Approvals will
have no further force or effect: Resolution No. 2019-099, upholding the Planning Commission's
adoption of Resolution Nos. 2019-35, 2019-36, and 2019-37; and the City's determination that the
2019 Project is eligible for a CEQA Class 32 In -fill Development Exemption and Class 3 New
Construction or Conversion of Small Structure Exemptions. Staff further recommends that the City
55B-2
Resolution Rescinding 2019 Land Use Approvals (301/325 N. Tustin Ave.)
September 15, 2020
Page 3
Council declare null and void Planning Commission Resolution Nos. 2019-35, 2019-36, and 2019-
37 such that these resolutions are no longer in effect. The 2018 Approvals are valid and remain in
full force and effect.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By: Sonia R. Carvalho, City Attorney's Office
Exhibit(s): 1. Letter Requesting Rescission of 2019 Approvals
2. Resolution
55B-3
EXHIBIT 1
August ] 1, 2020
Honorable Mayor M iguel P.M.
Honorable City Council Members
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Re: The Russell Fischer Parhmrship, LP 2010
Dear Honorable Mayor Pulido and Honorable City Council Members:
In September 2019, the City of Santa Ana ("City") Planning Commission issued approvals
to The Russell Fischer Parnrership, L.P. ("RF"), for RF to develop an automated car wash, fuel
strtionand convenience store ("2019 Project"). Inconnection with the 2019 Project, the Planning
Commission issued the followingappeovals. Resolution No.2019-35,appraving. Conditional Use
Permit No_ 2019-30 to allow a car wash;, Reoolution No_ 2019-36, approving an amendm alto
Variance Na. 201840; and Resolution No. 2019-37, approving Conditional Use P=it No.
2019-31 to allow 24-hour operations ofa retail atom_ The City determined that the: 2019 Project
was eligible for a CEQA Class 32 In -fill Development Exemption ("CEQA Exemption").
Resolution Nos. 2019.35, 2019.36 and 2074.37 and the CEQA Exemption are collectively the
"2019 Approvals"_
RF has chosen to not move forward with the development of the 2019 Project. Due to
dramaiie chanees in the economy cartsed by the COVID-19 pandemic, RF sales and profits have
substantially decreased_ RF went almost two months without generating any me me, while RF paid
all business expenses, including employee wages. Therefore, by this letter, RF hereby requests the
City Council torescind the 2014Approvals. Asa condiion precedemto RF's request for rescission
ofthe 2019 Approvals, the City Council ism approve the settlement agreementwhich has been
reached between RF and the City. This condition precedent maybe waived, ifat all, solely by III. If
the City does not approve the senlement agreement, then RF's request to rescind the 2019
Approvals is hereby withdrawn_
a'. Ms. Kristine Ridge
Sonia Carvalho, Esq.
Alisha Winases"ek, Esq_
;nremmoorrnv.xi�w
55B-4
EXHIBIT 2
RESOLUTION NO. 2020-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA RESCINDING CITY COUNCIL RESOLUTION
NO. 2019-099, UPHOLDING PLANNING COMMISSION'S
ADOPTION OF RESOLUTION NOS. 2019-35, 2019-36,
2019-37: RESCINDING THE CITY'S CALIFORNIA
ENVIRONMENTAL QUALITY ACT -RELATED FINDINGS;
AND DECLARING NULL AND VOID PLANNING
COMMISSION'S RESOLUTION NOS. 2019-35, 2019-36,
AND 2019-37 PERTAINING TO THE PROPERTY LOCATED
AT 301 AND 325 N. TUSTIN AVENUE
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. On October 8, 2018, the Planning Commission of the City of Santa Ana
took the following actions with regard to the property located at 301 and 325 N. Tustin
Avenue (the "2018 Project"):
1. Adopted Resolution No. 2018-28, approving Conditional Use Permit
No. 2018-18 to allow a drive -through;
2. Adopted Resolution No. 2018-35, approving Variance No. 2018-10
to allow for reduced yards for a service station;
B. On November 20, 2018, the City Council of the City of Santa Ana took the
following actions with regard to the 2018 Project:
1. Adopted Resolution No. 2018-081, adopting Mitigated Negative
Declaration Environmental Review No. 2016-156 and corresponding Mitigation
Monitoring and Reporting Program;
2. Adopted Resolution No. 2018-082, approving General Plan
Amendment No. 2018-05 for the property located at 301 N. Tustin Avenue, 431
N. Tustin Avenue, and 2321 East Fourth Street;
3. Introduced a first reading of Ordinance No. NS-2960, approving
Amendment Application No. 2018-08 to rezone 301 and 325 N. Tustin Avenue,
401 N. Tustin Avenue, and 2320 East Fourth Street from Professional to General
Commercial;
Resolution No. 2020-m
Page 1 of 4
55B-5
C. On December 4, 2018, after a second reading, the City Council of the City
of Santa Ana adopted Ordinance No. NS-2960;
D. Planning Commission Resolution Nos. 2018-28, 2018-35, and City
Council Resolution Nos. 2018-081, 2018-082, and Ordinance No. NS-2960 shall be
collectively referred to as the "2018 Approvals";
E. On September 9, 2019, the Planning Commission of the City of Santa Ana
took the following actions with regard to the property located at 301 and 325 N. Tustin
Avenue (the "2019 Project'):
1. Adopted Resolution No. 2019-35, approving Conditional Use Permit
No. 2019-30 to allow a car wash;
2. Adopted Resolution No. 2019-36, approving an amendment to
Variance No. 2018-10;
3. Adopted Resolution No. 2019-37, approving Conditional Use Permit
No. 2019-31 to allow 24-hour operations of a retail store.
4. The City determined that the 2019 Project was eligible for a CEQA
Class 32 In -fill Development Exemption.
F. On October 15, 2019, the City Council upheld the Planning Commission's
adoption of Resolution Nos. 2019-35, 2019-36, 2019-37, the City's CEQA Class 32 In -
fill Development Exemption, and further determined that the 2019 Project was eligible
for a CEQA Class 3 New Construction or Conversion of Small Structure Exemption
after a duly noticed de novo public hearing on Appeal Application 2019-03, by City
Council Resolution No. 2019-099.
G. Planning Commission Resolution Nos. 2019-35, 2019-36, 2019-37, City
Council Resolution No. 2019-099, and the City's CEQA Class 32 In -fill Development
and Class 3 New Construction or Conversion of Small Structure Exemptions shall be
collectively referred to as the "2019 Approvals";
H. By letter addressed to the City Council dated August 31, 2020 (Exhibit A
attached hereto), the applicant for the 2019 Project, The Russell Fischer Partnership
LP ("RF"), has chosen to not move forward with the development of the 2019 Project;
I. Due to dramatic changes in the economy caused by the COVID-19
pandemic, RF sales and profits have substantially decreased, with little money coming
in while RF still incurred and paid all business expenses, including employee wages.
Therefore, RF has requested the City Council to rescind the 2019 Approvals because
the 2019 Project is no longer financially feasible.
Resolution No. 2020-x
Page 2 of 4
55B-6
Section 2. The City Council hereby rescinds the following 2019 Approvals in
their entirety and as such 2019 Approvals shall have no further force or effect:
A. City Council Resolution No. 2019-099, upholding the Planning
Commission's adoption of Resolution Nos. 2019-35, 2019-36, and 2019-37;
B. City's determination that the 2019 Project is eligible for a CEQA Class 32
In -fill Development Exemption and Class 3 New Construction or Conversion of Small
Structure Exemptions.
Furthermore, the City Council hereby declares null and void Planning
Commission Resolution Nos. 2019-35, 2019-36, and 2019-37 such that these
Resolutions are no longer in effect.
Section 3. The following 2018 Approvals have not expired and were not
rescinded by the City, and therefore are valid and remain in full force and effect:
A. Planning Commission Resolution No. 2018-28, approving Conditional Use
Permit No. 2018-18 to allow a drive -through;
B. Planning Commission Resolution No. 2018-35, approving Variance No.
2018-10 to allow for reduced yards for a service station;
C. City Council Resolution No
Declaration Environmental Review No.
Monitoring and Reporting Program;
2018-081, adopting Mitigated Negative
2016-156 and corresponding Mitigation
D. City Council Resolution No. 2018-082, approving General Plan
Amendment No. 2018-05 for the property located at 301 N. Tustin Avenue, 431 N.
Tustin Avenue, and 2321 East Fourth Street;
E. Ordinance No. NS-2960, approving Amendment Application No. 2018-08
to rezone 301 and 325 N. Tustin Avenue, 401 N. Tustin Avenue, and 2320 East Fourth
Street from Professional to General Commercial.
Section 4. 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 , 2020.
Miguel A. Pulido
Mayor
Resolution No. 2020-x
Page 3 of 4
55B-7
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By
Lisa E. Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No.
2020 - to be the original resolution adopted by the City Council of the City of Santa
Ana on 12020.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2020-m
Page 4 of 4
55B-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 6, 2020
TITLE:
PUBLIC MEETING REGARDING THE
PROPOSED FORMATION OF THE SANTA
ANA TOURISM MARKETING DISTRICT
/s/ Kristine Ridge
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1"Reading
❑ Ordinance on 2od Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CK�7►11@1�1q�iC�.
FILE NUMBER
RECOMMENDED ACTION
Conduct a public meeting regarding the proposed formation of the Santa Ana Tourism Marketing
District.
DISCUSSION
At the September 15, 2020 meeting, the City Council adopted a resolution declaring the City
Council's intention to form the Santa Ana Tourism Marketing District (SAMTD) and gave notice of
the time and place of a public meeting and public hearing on the establishment of the District and
the levy of assessments. The resolution set the public meeting for October 6, 2020 and set the
public hearing for November 17, 2020.
The Santa Ana Tourism Marketing District is a benefit assessment district proposed to create a
revenue source to fund marketing and sales promotion efforts for Santa Ana lodging businesses.
This approach has been used successfully in other destination areas throughout the State to
improve tourism and drive additional room nights to assessed lodging businesses. The established
SATMD includes all lodging businesses with seventy (70) rooms or more located within the
boundaries of the City of Santa Ana. There are 18 of those lodging businesses. As proposed, the
tourism marketing district would establish an annual assessment of two percent of gross short-term
room rental revenue, with restrictions, for lodging businesses within Santa Ana with 70 or more
rooms.
Lodging business owners decided to pursue establishment of the SATMD in order to create a
revenue source dedicated to marketing Santa Ana as a tourist, meeting, and event destination. If
established, the SATMD would generate approximately $2,400,000 (Pre-COVID estimate) on an
annual basis for promotion of travel and tourism specific to Santa Ana. These funds would be
solely controlled by the Travel Santa Ana Board of Directors, a non-profit organization that will be
established to administer this new marketing district.
The Property and Business Improvement District Law of 1994 (the 1994 Act) grants cities the
authority to establish these types of districts. The 1994 Act also requires that upon adoption of
65A-1
Public Meeting Santa Ana Tourism Marketing District
October 6, 2020
Page 2
the resolution declaring the City's intent, the City must mail written notice to all businesses within
the SATMD, 45 days before the November 17, 2020 Public Hearing. The notice was mailed on
September 16, 2020 and began the mandatory period in which owners may protest the formation
of the SATMD.
The public meeting scheduled for October 6, 2020 allows for public testimory on the establishment
of the SATMD and levy of assessments, pursuant to the 1994 Act. No Council action is required
at this meeting.
At the November 17, 2020 public hearing, if written protests are received from the owners of lodging
businesses which pay more than fifty percent (50%) of the assessments proposed to be levied, no
further proceedings to levy the proposed assessment against the lodging businesses shall be taken
for a period of one (1) year from the date of the finding of a majority protest by the City Council.
At the conclusion of the public hearing to establish the SATMD, the City Council may adopt, revise,
change, reduce, or modify the proposed assessment or the type or types of improvements and
activities to be funded with the revenues from the assessments. Proposed assessments may only
be revised by reducing any or all of them.
Following the public hearing, if the City Council were to decide to establish the SATMD, the City
Council shall adopt a resolution of formation.
FISCAL IMPACT
The City will receive a fee of two percent (2%) of the amount collected to cover its costs of
administration. As the SATMD programs are intended to increase visitation to the City, there may
be an increase in transient occupancy tax and sales tax collections. Additional account information
and estimates will be provided at future public hearing meetings.
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management
Services Agency
Submitted By: Steven A. Mendoza, Executive Director — Community Development Agency
Exhibit: 1. Resolution No. 2020-076 Intention to Establish SATMD
65A-2
EXHIBIT 1
RESOLUTION NO.2020-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING ITS INTENTION TO ESTABLISH
THE SANTA ANA TOURISM MARKETING DISTRICT
("SATMD") AND FIXING THE TIME AND PLACE OF A
PUBLIC MEETING AND A PUBLIC HEARING THEREON
AND GIVING NOTICE THEREOF
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby, finds, determines and
declares as follows:
A. The Property and Business Improvement Law of 1994, Streets and Highways
Code §36600, et seq., authorizes the City to establish business improvement
districts for the purposes of promoting tourism; and
B. Lodging business owners and representatives from the City of Santa Ana have
met to consider the formation of the Santa Ana Tourism Marketing District
("SATMD"); and
C. Travel Santa Ana, a new non-profit entity formed to manage the proposed
SATMD, has drafted a Management District Plan ("Plan"), which sets forth the
proposed boundary of the SATMD, a service plan and budget, and a proposed
means of governance; and
D. Lodging businesses that will pay more than fifty percent (50%) of the
assessment under the SATMD have petitioned the City Council to establish the
SATMD.
Section 2. The recitals set forth herein are true and correct.
Section 3. The City Council finds that lodging businesses that will pay more than
fifty percent (50%) of the assessment proposed in the Plan have signed and submitted
petitions in support of the formation of the SATMD, per Streets and Highways Code
§36621. The City Council accepts the petitions and adopts this Resolution of Intention to
establish the SATMD and to levy an assessment on certain lodging businesses within the
SATMD boundaries in accordance with the Property and Business Improvement District
Law of 1994.
Resolution No. 2020-076
Page 1 of 5
65A-3
Section 4. The City Council finds that the Plan satisfies all requirements of
Streets and Highways Code §36622.
Section 5. The City Council declares its intention to establish the SATMD and to
levy and collect assessments on lodging businesses with seventy (70) rooms or more
within the SATMD boundaries pursuant to the Property and Business Improvement District
Law of 1994.
Section 6. The SATMD shall include all lodging businesses with seventy (70)
rooms or more, existing and in the future, located within the boundaries of City of Santa
Ana, as shown in the District Boundaries map attached hereto as Exhibit A and
incorporated herein by reference.
Section 7. The name of the district shall be the Santa Ana Tourism Marketing
District ("SATMD").
Section 8. The annual assessment rate is two percent (2%) of gross short-term
room rental revenue, which is estimated to be approximately $2,400,000 annually. Based
on the benefit received, assessments will not be collected on: stays of more than thirty (30)
consecutive days; stays of any officer or employee of a foreign government who is exempt
by reason of express provision of federal law or international treaty; stays pursuant to
contracts executed prior to January 1, 2021; and stays by any federal or state officer or
employee while on official business only and when payment for such occupancy is made
directly to the operator by duly authorized voucher payment from a governmental
accounting office. This exemption does not exempt a transient who is employed by the
United States government or the state or their respective instrumentalities from payment of
the assessment when the payment is later to be reimbursed by the United States
government or the state or their respective instrumentalities.
Section 9. The assessments levied for the SATMD shall be applied toward
marketing and sales programs to market assessed lodging businesses in Santa Ana as
tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the
end of any year may be used in subsequent years in which SATMD assessments are
levied as long as they are used consistent with the requirements of this resolution and the
Plan.
Section 10. The established SATMD will have a five (5) year term, beginning
January 1, 2021, through December 31, 2025, unless renewed pursuant to Streets and
Highways Code §36660, or disestablished per Streets and Highways Code §36670.
Section 11. Bonds shall not be issued
Resolution No. 2020-076
Page 2 of 5
65A-4
Section 12. The time and place for the public meeting to hear testimony on
establishing the SATMD and levying assessments are set for October 6, 2020, at 5:45 PM,
or as soon thereafter as the matter may be heard, at the Council Chambers located at 22
Civic Center Plaza, Santa Ana, CA 92701, or online due to the declaration of state and
local emergency, as detailed in the public meeting notice issued by the Clerk of the
Council.
Section 13. The time and place for the public hearing to establish the SATMD
and the levy of assessments are set for November 17, 2020, at 5:45 PM, or as soon
thereafter as the matter may be heard, at the Council Chambers located at 22 Civic Center
Plaza, Santa Ana, CA 92701, or online due to the declaration of state and local
emergency, as detailed in the public meeting notice issued by the Clerk of the Council.
The Clerk of the Council is directed to provide written notice to the lodging businesses
subject to assessment of the date and time of the meeting and hearing, and to provide that
notice as required by Streets and Highways Code §36623.
Section 14. At the public meeting and the public hearing, the testimony of all
interested persons for or against the formation of the SATMD may be received. If at the
conclusion of the public hearing, there are of record written protests by the owners of the
lodging businesses within the established SATMD that will pay more than fifty percent
(50%) of the estimated total assessment of the entire SATMD, no further proceedings to
establish the SATMD shall occur for a period of one (1) year.
Section 15. The complete Plan is on file with the Clerk of the Council and may be
reviewed upon request.
Section 16. 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. 2020-076
Page 3 of 5
65A-5
ADOPTED this 15th day of September, 2020.
APPROVED AS TO FORM:
Sonia R. Carvalho,
City Attorney
i�
By:
Rya'O. H'odge
Assi�siant bity Attorney
AYES: Councilmembers Bacerra Mendoza Penaloza Pulido .
Sarmiento Solorio, Villegas (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2020-076 to be the original resolution adopted by the City Council of the
City of Santa Ana on September 15, 2020.
Date:
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2020-076
Page 4 of 5
65A-6
EXHIBIT A
DISTRICT BOUNDARIES
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Santa Ana TM D'I
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Resolution No. 2020-076
Page 5 of 5
65A-7