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Agenda Packet_2022-07-19
City Council, Special Closed Session, and Special Housing Authority Meeting Packet July 19, 2022 CLOSED SESSION MEETING - 5:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember—Ward 1 Jessie Lopez Councilmember -Ward 3 Johnathan Ryan Hernandez Councilmember -Ward 5 Nelida Mendoza Councilmember -Ward 2 Phil Bacerra Mayor Pro Tern - Ward 4 David Penaloza Councilmember -Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Daisy Gomez Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ®contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 7/19/2022 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 7/19/2022 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment@santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 3:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser httgs://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press '6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Face coverings are required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in City Council 3 7/19/2022 the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m. Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) —You can provide comments byjoining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in anew link (the eyeball0) or download a pdf (the cloud symbol with the down arrow ). City Council 4 7/19/2022 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL— PENDING LITIGATION pursuant to Paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: A. Monsanto PBC Class Action Settlement, U.S. District Court (Central District of California), Case No. 2:16-cv-03493-FMO-AS 2. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Candelario Jalomo v. City of Santa Ana, et al. Orange County Superior Court, Case No. 30-2019-01118103-C U-WT-CJC 3. CONFERENCE WITH LEGAL COUNSEL— POSSIBLE INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One Case A. Waste Management 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section City Council 5 7/19/2022 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) 5. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE pursuant to Government Code section 54957 CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 6 7/19/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Bob Barnett, Police Chaplain CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Sarmiento to Senior Volunteers at Delhi Center for Outstanding Contributions to the Community. 2. Certificate of Recognition presented by Mayor Pro Tem Bacerra, Councilmember Penaloza and Councilmember Mendoza to Santa Ana Police Department recognizing their 136th Year of Service. 3. Certificate of Recognition presented by Councilmember Hernandez to Volunteers of the East End Block Party for Outstanding Contributions to the Community. 4. Certificate of Recognition presented by Councilmember Lopez to Catalyst Cares for Outstanding Contributions to the Community. 5. Certificate of Recognition presented by Councilmember Mendoza to America on Track Volunteers for Outstanding Contributions to the Community. 6. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to the 2022 Youth Water Poster Contest Winners for Outstanding Contributions to the Community. STAFF PRESENTATIONS 7. Homelessness Update 8. Feasibility of a Public Health Agency Update CLOSED SESSION REPORT—The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT— Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 9 through 33. 9. Excused Absences Department(s): Clerk of the Council Office City Council 7 7/19/2022 Recommended Action: Excuse the absent members. 10. Appoint Manuel Escamilla Nominated by Mayor Sarmiento as the Mayoral representative to the Environmental and Transportation Advisory Commission for a Partial -term Expiring December 13, 2022 Department(s): Clerk of the Council Office Recommended Action: Appoint Manuel Escamilla to the Environmental and Transportation Advisory Commission as the City -Wide representative and administer Oath of Office. 11. Adopt Ordinance -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XI ENTITLED "LOBBYIST REGISTRATION' TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE First reading at the June 21, 2022 City Council meeting and approved by a vote of 7- 0. Published in the Orange County Reporter on July 8, 2022. Department(s): Clerk of the Council Office Recommended Action: Place ordinance on second reading and adopt. 12. Adopt Ordinance - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XII OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO OFF - PREMISE COMMERCIAL ADVERTISING SIGNS AND DEVELOPMENT PROJECT PLAN APPROVALS TO ALLOW AND REGULATE NEW DIGITAL BILLBOARDS SUBJECT TO CERTAIN LOCATION, DESIGN, AND OPERATIONAL REQUIREMENTS First reading at the June 21, 2022 City Council meeting and approved by a vote of 7- 0. Published in the Orange County Reporter on July 8, 2022. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt 13. Approve Destruction of Obsolete City Records Department(s): Public Works Agency Recommended Action: Approve the request for the destruction of obsolete records from the Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. 14. Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2021 City Council 8 7/19/2022 Department(s): Finance and Management Services Recommended Action: Receive and file Single Audit Report for the Fiscal Year Ended June 30, 2021. 15. Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile Devices & Related Equipment in an Annual Aggregate Amount Not to Exceed $1,200,000 (Specification No. 18-074) Department(s): Information Technology Recommended Action: Amend the contracts 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 remaining optional one-year renewal, if exercised, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location 2nd Gear, LLC Costa Mesa, CA Dell Computer Corp. Austin, TX 16. Award Purchase Order to Sandoval Custom Creations Incorporated for Security Cameras and Accessories in the Amount of $137,473 (Specification No. 22-038) (Cannabis Enforcement Fund) Department(s): Police Department Recommended Action: Authorize a one-time purchase of security cameras and accessories from Sandoval Custom Creations Incorporated in the amount of $137,473, subject to non -substantive changes approved by the City Manager and City Attorney. 17. Approve an Amendment to the Amazon Capital Services, Inc. Contract for the Purchase of Online Marketplace Goods for an Annual Amount Not to Exceed $400,000 per Year, for a Two -Year Term (Specification No. 19-028) (General and Non -General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an amendment to increase the blanket order contract with Amazon Capital Services, Inc. for an additional $300,000 per year for the period beginning July 20, 2022 and expiring June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. 18. Award a Purchase Order to FieldTurf USA, in the Amount of $568,598, for Synthetic Turf Installation, with Turf Maintenance for Eight Years at Santa Anita Park (Project 19- 7527) (Non -General Fund) City Council 9 7/19/2022 Department(s): Public Works Agency Recommended Action: Authorize a purchase order to FieldTurf USA, in the amount of $568,598, to furnish and install a synthetic turf field at Santa Anita Park, and maintain it for eight years beginning upon completion of the turf installation, subject to non -substantive changes approved by the City Manager and City Attorney. 19. Approve Appropriation Adjustments and Award a Construction Contract to Byrom - Davey Inc. in the Amount of $7,317,701 for the Santa Anita Park New Synthetic Soccer Field and Park Improvements FY 2022-23 Project with an Estimated Project Delivery Cost of $9,513,011.30 (Project Nos. 19-7527, 20-2745) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an Appropriation Adjustment recognizing revenue received in prior years in the amount of $1,439,641 in the Residential Development District 1 and District 4 ($869,224 and $570,417, respectively), District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 1 and District 4, Improvements Other Than Building expenditure account for FY 2022-23 capital operating expenses. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment recognizing the grant revenue from the 2018 Parks Bond Act Per Capita Grant Program in the amount of $177,952 in the PRCSA Capital Grants revenue account and appropriating the same amount into the 2018 Parks Bond Act -Per Capital Improvements Other Than Building expenditure account for FY 2022-23 capital operating expenses. (Requires five affirmative votes) 3. Award a construction contract to Byrom -Davey Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $7,317,701 for construction of the Santa Anita Park New Synthetic Soccer Field and Park Improvements FY 2022-23, for the term beginning July 19, 2022 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. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,513,011.30, which includes $7,317,701.00 for the construction contract, $731,770.10 for contract administration, inspection and testing, and a $1,463,540.20 project contingency for unanticipated or unforeseen work. 5. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to modify and combine all Santa Anita Park Improvement Projects. 20. Approve an Amendment to the Agreement with City Net to Provide Street Outreach and Engagement Services and to Respond to Diverted Santa Ana Police Department Calls for Service for Quality -of -Life Services, in an Amount not to Exceed $2,483,599.59 through June 30, 2023 (Non -General Fund) (Revive Santa Ana Program) Department(s): Community Development Agency City Council 10 7/19/2022 Recommended Action: 1. Authorize the City Manager to execute an amendment to the agreement with City Net to provide enhanced street outreach and engagement services, including diverted Santa Ana Police Department calls for service for quality - of -life services, from July 20, 2022 through June 30, 2023, in an amount not to exceed $2,483,599.59, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to execute all funding agreements required by state or federal agencies for the use of funding, including Homeless Housing Assistance and Prevention (HHAP) Program and American Rescue Plan Act (ARPA) (Agreement No. 2022-XXX). 21. Grant Agreement with Streetfootballworld to install a Mini -Pitch Soccer Field at Cesar Chavez Campesino Park Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute a Grant Agreement with Streetfootballworld for the installation of a Mini -Pitch Soccer Field at Cesar Chavez Campesino Park, valued at approximately $150,000 with no installation cost to the City, for the period July 19, 2022 through July 19, 2032, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 22. Approve Renewal of Joint Powers Authority Agreement between the City of Santa Ana and Independent Cities Risk Management Authority (ICRMA) and Approve Associated Insurance Premiums, Costs, Fees and Corresponding Agreement for an amount not to exceed $10,336,300 Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to approve the Agreement between the City of Santa Ana ("City") and Arthur J. Gallagher, broker of record from July 1, 2022 to June 30, 2023, for insurance brokerage services, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to approve payment of insurance premiums and programs to Independent Cities Risk Management Authority ("ICRMA") for excess liability, property and workers' compensation and protection of all other City assets from July 1, 2022 to June 30, 2023 a. Excess Liability Program b. Excess Workers' Compensation Program c. Auto Physical Damage Program d. Property and Equipment Program e. Crime Program f. Cyber Program 3. Authorize the City Manager to approve payment of associated ICRMA program City Council 11 7/19/2022 costs including but not limited to the 2022 City facilities appraisal and employee crisis and assistance program in an amount not to exceed $185,000. 4. Authorize the City Manager to approve payment of insurance premiums to Arthur J. Gallagher, Broker, for ancillary coverages of City's assets from July 1, 2022 to June 30, 2023. a. General Liability Buffer Program b. Workers' Compensation Buffer Program c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program e. Underground Storage Tank and Environmental Program 5. Authorize the City Manager to approve funding to cover FY 2022/23 City Special Events Insurance for events including but not limited to Fourth of July fireworks show, winter ice-skating events, and other City -sponsored events as created and held, in an amount not to exceed $300,000. 6. Authorize the City Manager to approve the City's obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000 for the period of July 1, 2022 to June 30, 2023. 23. Approve Appropriation Adjustments and the Second Amendment to the Agreement with Butier Engineering, Inc. to Increase the Agreement Amount by $376,000, for a Total Amount not to Exceed $1,612,924, for Construction Engineering and Inspection Services for the South Main Corridor Improvements Project (Project Nos. 17-9001, 20-6958, 21-6461) (General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $291,000 from prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to re -appropriate FY 2021-22 general fund monies in the amount of $1,000,000 in the Public Works Revenues, Prior Year Carry Forward revenue account, and appropriate the same amount to the PWA Service Enhancements, Improvements Other Than Building expenditure account for the South Main Corridor Improvements Project (No. 17-9001). (Requires five affirmative votes) 3. Authorize budget reallocation of $130,144.72 in unspent HUTA 2103 Gas Tax funds to the Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No. 20-6958) from Gas Tax Local Street Improvements Project (No. 20-6956). 4. Authorize the City Manager to execute the second amendment to the agreement with Butier Engineering, Inc., for construction engineering and inspection services, to increase the agreement amount by $376,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). City Council 12 7/19/2022 5. Approve an amendment to the Project Cost Analysis in the amount of $ 1,421,144.72 for $130,144.72 in additional contingency funds, $291,000 in additional contract administration, inspection and testing, and $1,000,000 for public art related expenses. The new estimated total construction delivery cost is $23,005,389.72, subject to non -substantive changes approved by the City Manager and City Attorney. 6. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $291,000 in construction funds for South Main Street Water Improvements Project (Project No. 21-6461). 7. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $130,144.72 in construction funds for Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No. 20-6958). 8. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,000,000 in construction funds for South Main Street Corridor Improvement (Project No. 17-9001). 24. Adopt Resolution to Summarily Vacate a Portion of Santa Ana Boulevard, Authorize a Purchase and Sale Agreement and Approve an Appropriation Adjustment, in the amount of $130,000, for the Sale of City -owned Real Property Locate at 1247 W. Santa Ana Boulevard, to Rafael and Yolanda Ramos (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution to Summarily Vacate excess Santa Ana Boulevard right of way east of Bristol Street. 2. Authorize the City Manager to execute a purchase and sale agreement with Rafael and Yolanda Ramos for the sale of City -owned property located at 1247 W. Santa Ana Boulevard (APN 008-082-29), in the amount of $130,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 3. Approve an appropriation adjustment recognizing revenue in the amount of $130,000 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2022-23 from the sale of City -owned property located at 1247 W. Santa Ana Boulevard (APN 008-082-29) and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 25. Authorize a Purchase Agreement in the Amount of $785,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Maria Gamboa) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner Maria Arellano De Gamboa, as Successor Trustee of the Gamboa Declaration of Trust, U/A Dated April 27, 1998, for the full property acquisition and goodwill (if any) of the real property located at 2247 S. Evergreen City Council 13 7/19/2022 Street (APN 016-211-26) in the amount of $785,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 26. Approve an Agreement with Crosstown Electrical & Data Inc., for On -Call Repair Services of Advance Traffic Management and Communication Systems in an Amount not to Exceed $500,000 for up to a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Crosstown Electrical & Data Inc. to provide on -call repair services and routine maintenance for the advance traffic management and communication system for a three-year period beginning July 19, 2022 and expiring July 18, 2025, with a provision for two, one-year extensions exercisable by the City Manager, in an amount not to exceed $100,000 annually, and $500,000 for the term of the agreement, including extension periods, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 27. Approve Three -Year Agreements with Luis Raul Martinez and Felice Hernandez for Jail Counseling Services Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute a three-year agreement with Luis Raul Martinez, for the period of July 19, 2022 through June 30, 2025, to provide counseling services, in an amount not to exceed $120,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to execute a three-year agreement with Felice Hernandez, for the period of July 19, 2022 through June 30, 2025, to provide counseling services, in an amount not to exceed $120,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 28. Police Officer Hiring Bonus Program Department(s): Police Department Recommended Action: Resolution No. 2022-XXX — Adopt a resolution approving a Police Officer Hiring Bonus program in a total amount not to exceed $100,000, offering up to $10,000 per officer. 29. Resolution Authorizing a Reciprocal Agreement with the California Franchise Tax Board for the Exchange of Business License Tax Data Department(s): Finance and Management Services Recommended Action: 1. Resolution No. 2022-XXX — Adopt a Resolution City Council 14 7/19/2022 authorizing a reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data. 2. Authorize the City Manager to execute a non -financial reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data for a term beginning July 19, 2022 through December 31, 2024, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 30. Adopt a Resolution of Intent to Vacate a Portion of Alley North of Second Street between Broadway and Sycamore Street, Abandonment 21-01 Department(s): Public Works Agency Recommended Action: Resolution No. 2022-XXX — Adopt a resolution which declares the City's intent to vacate a portion of alley north of Second Street between Broadway and Sycamore Street, and which sets a public hearing for August 16, 2022. 31. First Extension of Site Plan Review No. 2020-04 for the Central Pointe Mixed -Use Project to be Located at 1801 East Fourth Street Department(s): Planning and Building Agency Recommended Action: Resolution No. 2022-XXX — Adopt a resolution approving a one-year extension of Site Plan Review No. 2020-04 to November 9, 2023. 32. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX— Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. 33. Renew Memorandum of Understanding with required Workforce Innovation and Opportunity Act (WIOA) Partners (Contingent upon approval of Housing Authority Item #2.) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute the Memorandum of Understanding with the Santa Ana WORK Center, Santa Ana College, Employment Development Department, Department of Rehabilitation, SER Jobs for Progress, United American Indian Involvement, Inc., Long Beach Job Corps, and Community Action Partnership of Orange County, which outlines the sharing of resources and expenses associated with the operations of a comprehensive one -stop center for a one-year term expiring June 30, 2023, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). City Council 15 7/19/2022 2. Approve the first amendment to Memorandum of Understanding for Santa Ana Workforce Development Board and the County of Orange Social Services Agency for a one-year term expiring June 30, 2023 and authorize the Board Chair or Vice -Chair to sign (Agreement No. 2022-XXX). 3. Authorize the City Manager to execute non -substantive amendments, such as adjustment of shared operational expenses, during the term of the Memorandum of Understanding. **END OF CONSENT CALENDAR** BUSINESS CALENDAR 34. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets Department(s): Public Works Agency Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets. 35. Ordinance Amending Section 10-96 of Article I of Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code (SAMC) Requiring the Posting of Property Maintenance Contact Information on Commercial and Industrial Properties Department(s): Planning and Building Agency Recommended Action: Approve the first reading and adopt amendments to Section 10-96 of Article I of Chapter 10 of the Santa Ana Municipal Code (SAMC) requiring commercial and industrial properties (Commercial Centers) to post property management contact information at various locations on each property. 36. Discuss and Provide Direction Regarding One or More Proposed Voter Ballot Measures to Amend the City Charter as Recommended by the Charter Review Ad Hoc Committee Department(s): City Manager Office Recommended Action: Discuss and provide direction regarding one or more proposed voter ballot measures for the November 8, 2022 General Municipal Election to amend the City Charter, as recommended by the Charter Review Ad Hoc Committee, as follows: to clarify when the term of mayor or councilmember is to begin; consolidate term limit provisions into one section; expand the applicability of the code City Council 16 7/19/2022 of Ethics and Conduct and prescribe a procedure to report allegations of violation; clarify when the City Council may be the judge of elections; clarify the process for the adoption of resolutions and ordinances; streamline the process for claims and payments; update Civil Service provisions to be consistent with state and applicable laws; update anti -discrimination provisions to be consistent with federal and applicable laws; require the City to adopt a nepotism policy; change the name of a City department; eliminate work stoppage provisions to be consistent with state and applicable laws; allow enforcement of campaign contribution and campaign committee provisions by a state or county entity; replace gender -specific pronouns with gender -inclusive pronouns; change the title of a City official; adjust the Mayor's term from four two-year terms to two four-year terms; impose a lifetime ban relating to the term of Mayor and member of the City Council by removing the eight -year cooling - off provision; increase the salary of the Mayor and members of the City Council; and change the voting approval requirements to require a two-thirds vote of the City Council to adopt the City budget. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on Public Hearing items. 37. Public Hearing — General Plan Amendment No. 2021-01 to Update the General Plan Housing Element for the 6th Cycle (2021-2029) Planning Period. The Proposed Amendment Includes Analysis of Barriers to Fair Housing and Proposed Programs and services to Comply with State Mandates Legal Notice published in the Orange County Reporter on July 8, 2022. Department(s): Planning and Building Agency Recommended Action: 1. Resolution No. 2022-XXX— Adopt a resolution approving an addendum to the Program Environmental Impact Report for the General Plan Update (State Clearinghouse No. 2020029087); and 2. Resolution No. 2022-XXX — Adopt a resolution approving General Plan Amendment (GPA) No. 2021-01 for the 6th Cycle Housing Element Update subject to conforming edits by the Executive Director of the Planning and Building Agency and the City Attorney to comply with State housing law and mandates. COUNCILMEMBER REQUESTED ITEMS 38. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance Repealing the Anti -Cruising Ordinance and Establishing a Cruising Policy for Consideration by the City Council — Councilmembers Mendoza and Hernandez City Council 17 7/19/2022 39. Discuss and Consider Directing the City Manager to Direct Staff to Research Hate Crime Laws and Determine if the City of Santa Ana May Implement a Law that Might Classify Attacks on Street Vendors as a Hate Crime — Councilmember Hernandez 40. Discuss and Consider Directing the City Manager to Direct Staff to Look into the Feasibility of Purchasing the Santa Ana Armory Located at 612 E. Warner Ave from the State of California for Possible Expansion of Delhi Park and/or Expansion of City's Library Network — Councilmember Penaloza, Mayor Pro Tern Bacerra and Councilmember Mendoza 41. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Campaign Finance Reform Ordinance and Bring Back During the Next Council Meeting — Councilmember Lopez and Mayor Sarmiento CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. June 22-26, 2022 Councilmember Lopez — National Association of Latino Elected and Appointed Officials (NALEO) 29th Annual Conference, Chicago, IL ADJOURNMENT —Adjourn the City Council meeting and convene to the Special Housing Authority meeting. Future Items 1. Mental Health Mobile Outreach Services 2. Community Workforce Agreement City Council 18 7/19/2022 SPECIAL HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Vice Chair Phil Bacerra Chair Vicente Sarmiento City Manager Kristine Ridge City Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez ROLL CALL PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Special Housing Authority agenda. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 2. Renew Memorandum of Understanding with required Workforce Innovation and Opportunity Act (WIOA) Partners (Contingent upon approval of City Council Item #33.) Department(s): Community Development Agency Recommended Action: 1. Authorize the Executive Director and Recording Secretary to execute a Memorandum of Understanding with the Santa Ana Workforce Development Board which outlines the sharing of resources and expenses associated with the operations of a comprehensive one stop center for a one-year term expiring June 30, 2023 and payment to the City of Santa Ana in an estimated amount of $8,054 subject to non -substantive changes approved by the Executive Director and Authority General Council. City Council 19 7/19/2022 2. Authorize the Executive Director and Recording Secretary to execute non - substantive amendments such as adjustment of shared operational expenses during the term of the Memorandum of Understanding. **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT —Adjourn the Special Housing Authority meeting. City Council 20 7/19/2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XI ENTITLED "LOBBYIST REGISTRATION" TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article XI entitled "Lobbyist Registration" is hereby added to Chapter 2 of the Santa Ana Municipal Code to read, in its entirety, as follows: ARTICLE XI. — LOBBYIST REGISTRATION Sec. 2-905. — Purpose and Intent. It is the purpose and intent of the City Council of the City of Santa Ana in enacting these regulations to promote public confidence and trust, preserve the integrity of local government decision -making, and provide members of the community with access to information about persons and organizations who attempt to influence decisions of City government through paid lobbyists. Through these regulations, lobbyists shall be required to register themselves and their clients and disclose the nature of their lobbying efforts, compensation, donations, and fundraising efforts and this information shall be accessible to members of the public. Sec. 2-906. — Definitions. (a) "City official" shall mean any elected or appointed official of the City of Santa Ana, city officer as defined in Section 2-300 of this Code, member of the Council, as it may be amended from time to time. (b) "Client' means both the person who compensates a lobbyist or lobbying firm for the purpose of attempting to influence a legislative or administrative action and the person on whose behalf a lobbyist or lobbying firm attempts to influence such municipal action even if the lobbyist or lobbying firm is compensated by another person for such representation. (c) "Gift' shall have the same meaning as in Section 2-852(e) of this Code. (d) "Lobby" or "Lobbying" means communicating, for compensation, for the purpose of influencing a municipal legislative or administrative action or decision. City Council 11 — 1 7/19/2022 (e) "Lobbyist" means any individual, business entity or organization, including a non- profit organization, that receives or becomes entitled to receive five hundred dollars ($500) or more in consideration in a calendar month, other than reimbursement for reasonable travel expenses, to communicate, directly or through his or her agents, on behalf of any other person or entity, with any elected or appointed official of the City for the purpose of influencing legislative or administrative action of the City of Santa Ana. This subsection shall apply only to this Article. Sec. 2-907. — Registration required. (a) Any individual or entity that qualifies as a lobbyist pursuant to this Code shall register with the Clerk of Council within fifteen (15) business days of qualifying as a lobbyist on a registration form provided by the City, and shall thereon disclose: 1. Lobbyist/lobbying firm; 2. Business mailing address; 3. Email address; 4. Telephone number; 5. The names of all owners of the lobbyist business; 6. The names of each individual lobbyist; 7. A description of the nature of the business entity or corporation; 8. The name, business address, telephone number, and email address of each client receiving lobbying services; 9. The nature of each client's business; 10. A brief description of the governmental decision that the lobbyist seeks to influence on each client's behalf, the desired outcome, and the names of the officials the lobbyist has contacted on each client's behalf; 11. The name of each person employed or retained by the lobbyist to engage in lobbying activities on each client's behalf; and 12. The date, amount, and description of any payment made to, or on behalf of any city official or member of an official's family. Payments to be City Council 11 — 2 7/19/2022 disclosed include gifts, meals, fees, salaries, and any other form of compensation or renumeration. (b) A lobbyist shall file an amendment to his or her registration and reporting form within fifteen (15) business days of representation of a new client or any change in the information required to be disclosed on the form related to existing clients. (c) No person who qualifies as a lobbyist shall contact or communicate with any official of the City without first registering as a lobbyist and identifying himself or herself as a lobbyist. (d) Lobbyists shall report to the Clerk of the Council the names of all officials contacted about a government decision eight (8) days prior to any public hearing on that decision. (e) An entity or person that registers as a lobbyist retains that status through January 2 of the following calendar year unless it terminates that status by giving notice, in writing, on the form provided to the Clerk of the Council. (f) Lobbyist registration expires on January 2 of each year and shall be renewed on or before January 3 or the next business day if the lobbyist requalifies as a lobbyist. Sec. 2-908. — Exemptions from registration. The following persons or entities are exempt from registration as a lobbyist: (a) Any public official acting in his or her official capacity and any government official or employee acting within the scope of his or her employment. (b) A person acting without any compensation or consideration other than reimbursement or payment of reasonable travel expenses. (c) Any person representing themselves in attempting to obtain decisions related to their own property or business. (d) Any person appearing solely at the request or demand of city staff for the purpose of providing information at a public hearing or enforcement proceeding. (e) Any person whose only activity is submitting a bid on a competitively bid contract, submitting a written response to or participating in an oral interview related to a request for proposals or qualifications, or negotiating the terms of a written City Council 11 — 3 7/19/2022 agreement with any city agency following a request for proposals or request for qualifications process. (f) A newspaper or other regularly published periodical, radio or television station or network, including any individual who owns, publishes or is employed by such entity, when in the ordinary course of business, it publishes or broadcasts news, editorials or other comments, or paid advertising, which directly or indirectly attempts to influence City officials or employees regarding current or future City legislation, administrative decisions, or City Council elections or local initiative measures, if such entity or individual engages in no other activities to influence a municipal decision. Sec. 2-909. — Required disclosure reports. (a) Annual reports. 1. Lobbyists shall file yearly disclosure reports with the Clerk of Council on a form prepared by the Clerk of Council specifying in detail the following: a) The nature of the issues they are trying or tried to influence through lobbying of City officials; b) Identify each client and the amount of compensation received from each client for communicating using any means with City officials for the purpose of influencing a municipal legislative or administrative action or decision; c) All campaign contributions and gifts to elected City officials; d) All fundraising activities conducted on behalf of City elected officials; e) All contributions or gifts to political campaigns; f) All contributions or gifts made at the behest of City elected officials; g) All contributions or gifts to political campaigns made at the behest of elected City officials; h) All contributions or gifts to religious institutions made at the behest of elected City officials; City Council 11 — 4 7/19/2022 i) All contributions or gifts to non-profit organizations made at the behest of elected City officials; j) All payments received by the lobbyist for services as a consultant to the City or any City agency; k) Any compensated work done for a political campaign of an elected City official; and 1) Past lobbying activity in the City. 2. Yearly disclosure reports shall be filed with the Clerk of Council no later than October 1st starting in 2023. (b) Quarterly Political Contributions Reports. Lobbyist shall file quarterly reports regarding contributions to an elected City official or the controlled committee of an elected City official. 1) All reports will be on a form prepared by the Clerk of Council. 2) Each report will be filed with the Clerk of Council no later than January 1 st, April 1 st, July 1st, and September 1st of every year starting in 2023. (c) Quarterly Fundraising Activity Reports. Lobbyists shall file a quarterly report with the Clerk of Council if the lobbyist, within the last 12 months: 1) Engaged in fundraising activities on behalf of an elected City official and/or an elected City official's controlled committee and knows or has reason to know that the fundraising activity resulted in a contribution or contributions; or 2) Delivered or acted as an intermediary for one or more contributions to an elected City official and/or any of an elected City official's controlled committees. 3) All reports will be on a form prepared by the Clerk of Council. 4) Each report will be filed with the Clerk of Council no later than January 1 st, April 1st, July 1st, and September 1st of every year starting 2023. City Council 11 — 5 7/19/2022 Sec. 2-910. — Online disclosure of report forms and reports. Every lobbying firm or lobbyist required to file a registration form or disclosure report shall use the Clerk of the Council's electronic filing system to file such forms or reports online. It is unlawful for a lobbying firm to file a registration form or disclosure report unless a duly authorized owner or officer has reviewed the contents and electronically verified under penalty of perjury that he or she believes the contents to be true, correct, and complete based on personal knowledge or on information and belief. In the event the Clerk's online filing system is not capable of accepting a required form or report, a lobbying firm or lobbying shall file that form or report in an electronic format with the Clerk on or before the deadline. Sec. 2-911. — Registration fee. The City may charge a lobbyist registration fee including fees related to the annual renewal and penalties to cover the costs associated with administering the lobbyist registration and disclosure program. The fees shall be in such amounts established by resolution of the City Council. Sec. 2-912. — Disclosure reports made available to the public. The Clerk of Council shall make all lobbyist registration and disclosure reports available online to the public and copies available through the Clerk of Council's office. Sec. 2.913. — Powers and duties of the Clerk of the Council. (a) The Clerk of the Council may issue a notice of filing obligations to any person or entity who a City official or other person has reason to believe should file a registration form or disclosure report. Before sending the notice, the Clerk shall determine whether facts exist to warrant sending a notice. If, within ten (10) business days after the Clerk has sent a written notice, the person or entity either complies with this Chapter or furnishes satisfactory evidence to the Clerk that he or she is exempt from the filing obligations, a violation will be deemed not to have occurred. (b) The Clerk of the Council shall report apparent violations of this Chapter to the City Attorney's Office. (c) The Clerk of the Council shall preserve all registration forms and disclosure reports required to be filed under this Chapter for a period of five (5) years from the date of filing. These registration forms and disclosure reports shall constitute part of the public records and shall be open to public inspection. Copies shall be City Council 11 — 6 7/19/2022 made available by the Clerk upon request and payment of any lawful copy charges. (d) The Clerk of the Council shall have the power to adopt all reasonable and necessary procedures to implement this Chapter. Sec. 2.914.- Appearance of an unregistered lobbying. If a lobbyist who has not registered appears at a public meeting of an legislative body of the City to make a presentation on behalf of a client, the lobbyist will be permitted to make the presentation upon stating, on the record, the following: 1) The lobbyist's full name, business address and telephone number; 2) The name, business address, and telephone number of any individual or entity by whom the lobbyist is employed, retained or engaged for compensation to perform lobbying services in the city; and 3) The legislative or administrative action of the city with respect to which the lobbyist has been employed, retained or engaged. The lobbyist shall be required to file the required registration form and pay the registration fee and any penalty fee set by resolution, to the Clerk of the Council upon completion of such presentation. Sec. 2-915. — Penalty for violation. (a) Every violation of the provisions of this Article may be charged as either a misdemeanor or as an infraction in the discretion of the citing officer or city attorney and, upon conviction thereof, shall be punishable as provided for in section 1-8 of this Code. (b) Each day any violation of any said provision of this chapter shall continue shall constitute a separate offense. (c) Any person convicted of violating this Article may not act as a lobbyist within the City or otherwise attempt to influence City legislation for compensation for one year after such a conviction. (c) Residents of the City of Santa Ana shall have standing to bring a civil action for enforcement of this Article. (d) Use of criminal enforcement and/or administrative citations shall not prevent or preclude the city from seeking injunctive relief and civil penalties in court for violations of this Article. City Council 11 — 7 7/19/2022 Section 2. 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. Section 3. This Ordinance shall become effective thirty (30) days after its adoption. Section 4. The Clerk of Council shall certify the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: at_ Canna_ N. Qwyl ..vu Laura A. Rossini Chief Assistant City Attorney City Council 11 — 8 7/19/2022 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: 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-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2022, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Daisy Gomez Clerk of the Council City of Santa Ana City Council 11 — 9 7/19/2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ADDING ARTICLE XI ENTITLED "LOBBYIST REGISTRATION" TO CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article XI entitled "Lobbyist Registration" is hereby added to Chapter 2 of the Santa Ana Municipal Code to read, in its entirety, as follows: ARTICLE XI. — LOBBYIST REGISTRATION Sec. 2-905. — Purpose and Intent. It is the purpose and intent of the City Council of the City of Santa Ana in enacting these regulations to promote public confidence and trust, preserve the integrity of local government decision -making, and provide members of the community with access to information about persons and organizations who attempt to influence decisions of City government through paid lobbyists. Through these regulations, lobbyists shall be required to register themselves and their clients and disclose the nature of their lobbying efforts, compensation, donations, and fundraising efforts and this information shall be accessible to members of the public. Sec. 2-906. — Definitions. (a) "City official' shall mean any elected or appointed official of the City of Santa Ana, city officer as defined in Section 2-300 of this Code, member of the Council, as it may be amended from time to time. (b) "Client' means both the person who compensates a lobbyist or lobbying firm for the purpose of attempting to influence a legislative or administrative action and the person on whose behalf a lobbyist or lobbying firm attempts to influence such municipal action even if the lobbyist or lobbying firm is compensated by another person for such representation. (c) "Gift' shall have the same meaning as in Section 2-852(e) of this Code. (d) "Lobby" or "Lobbying" means communicating, for compensation, for the purpose of influencing a municipal legislative or administrative action or decision. City Council 11 — 10 7/19/2022 (e) "Lobbyist" means any individual, business entity or organization, including a non- profit organization, that receives or becomes entitled to receive five hundred dollars ($500) or more in consideration in a calendar month, other than reimbursement for reasonable travel expenses, to communicate, directly or through his or her agents, on behalf of any other person or entity, with any elected or appointed official of the City for the purpose of influencing legislative or administrative action of the City of Santa Ana. This subsection shall apply only to this Article. Sec. 2-907. — Registration required. (a) Any individual or entity that qualifies as a lobbyist pursuant to this Code shall register with the Clerk of Council within fifteen (15) business days of qualifying as a lobbyist on a registration form provided by the City, and shall thereon disclose: 1. Lobbyist/lobbying firm; 2. Business mailing address; 3. Email address; 4. Telephone number; 5. The names of all owners of the lobbyist business; 6. The names of each individual lobbyist; 7. A description of the nature of the business entity or corporation; 8. The name, business address, telephone number, and email address of each client receiving lobbying services; 9. The nature of each client's business; 10. A brief description of the governmental decision that the lobbyist seeks to influence on each client's behalf, the desired outcome, and the names of the officials the lobbyist has contacted on each client's behalf; 11. The name of each person employed or retained by the lobbyist to engage in lobbying activities on each client's behalf; and 12. The date, amount, and description of any payment made to, or on behalf of any city official or member of an official's family. City Council 11 — 11 7/19/2022 Payments to be disclosed include gifts, meals, fees, salaries, and any other form of compensation or renumeration. (b) A lobbyist shall file an amendment to his or her registration and reporting form within fifteen (15) business days of representation of a new client or any change in the information required to be disclosed on the form related to existing clients. (c) No person who qualifies as a lobbyist shall contact or communicate with any official of the City without first registering as a lobbyist and identifying himself or herself as a lobbyist. (d) Lobbyists shall report to the Clerk of the Council the names of all officials contacted about a government decision eight (8) days prior to any public hearing on that decision. (e) An entity or person that registers as a lobbyist retains that status through January 2 of the following calendar year unless it terminates that status by giving notice, in writing, on the form provided to the Clerk of the Council. (f) Lobbyist registration expires on January 2 of each year and shall be renewed on or before January 3 or the next business day if the lobbyist requalifies as a lobbyist. Sec. 2-908. — Exemptions from registration. The following persons or entities are exempt from registration as a lobbyist: (a) Any public official acting in his or her official capacity and any government official or employee acting within the scope of his or her employment. (b) A person acting without any compensation or consideration other than reimbursement or payment of reasonable travel expenses. (c) Any person representing themselves in attempting to obtain decisions related to their own property or business. (d) Any person appearing solely at the request or demand of city staff for the purpose of providing information at a public hearing or enforcement proceeding. as a raker at, n pre..iron wri++ran n+n+n manta that hnnmme part of the r nrd of uhlia hearing OF nfememen+ n e din at the ai+.. (e) Any person whose only activity is submitting a bid on a competitively bid contract, submitting a written response to or participating in an oral interview related to a City Council 11 — 12 7/19/2022 request for proposals or qualifications, or negotiating the terms of a written agreement with any city agency following a request for proposals or request for qualifications process. ..101 M(g) A newspaper or other regularly published periodical, radio or television station or network, including any individual who owns, publishes or is employed by such entity, when in the ordinary course of business, it publishes or broadcasts news, editorials or other comments, or paid advertising, which directly or indirectly attempts to influence City officials or employees regarding current or future City legislation, administrative decisions, or City Council elections or local initiative measures, if such entity or individual engages in no other activities to influence a municipal decision. Sec. 2-909. — Required disclosure reports. (a) Annual reports. Lobbyists shall file yearly disclosure reports with the Clerk of Council on form prepared by the Clerk of Council specifying in detail the following: a) The nature of the issues they are trying or tried to influence through lobbying of City officials; b) Identify each client and the amount of compensation received from each client for communicating using any means with City officials for the purpose of influencing a municipal legislative or administrative action or decision; c) All campaign contributions and gifts to elected City officials; d) All fundraising activities conducted on behalf of City elected officials; City Council 11 — 13 7/19/2022 M(g) A newspaper or other regularly published periodical, radio or television station or network, including any individual who owns, publishes or is employed by such entity, when in the ordinary course of business, it publishes or broadcasts news, editorials or other comments, or paid advertising, which directly or indirectly attempts to influence City officials or employees regarding current or future City legislation, administrative decisions, or City Council elections or local initiative measures, if such entity or individual engages in no other activities to influence a municipal decision. Sec. 2-909. — Required disclosure reports. (a) Annual reports. Lobbyists shall file yearly disclosure reports with the Clerk of Council on form prepared by the Clerk of Council specifying in detail the following: a) The nature of the issues they are trying or tried to influence through lobbying of City officials; b) Identify each client and the amount of compensation received from each client for communicating using any means with City officials for the purpose of influencing a municipal legislative or administrative action or decision; c) All campaign contributions and gifts to elected City officials; d) All fundraising activities conducted on behalf of City elected officials; City Council 11 — 13 7/19/2022 e) All contributions or gifts to political campaigns; f) All contributions or gifts made at the behest of City elected officials; g) All contributions or gifts to political campaigns made at the behest of elected City officials; h) All contributions or gifts to religious institutions made at the behest of elected City officials; i) All contributions or gifts to non-profit organizations made at the behest of elected City officials; j) All payments received by the lobbyist for services as a consultant to the City or any City agency; k) Any compensated work done for a political campaign of an elected City official; and 1) Past lobbying activity in the City. 2. Yearly disclosure reports shall be filed with the Clerk of Council no later than October 1 st starting in 2023. (b) Quarterly Political Contributions Reports. Lobbyist shall file quarterly reports regarding contributions to an elected City official or the controlled committee of an elected City official. 1) All reports will be on a form prepared by the Clerk of Council. 2) Each report will be filed with the Clerk of Council no later than January 1 st, April 1st, July 1st, and September 1st of every year starting in 2023. (c) Quarterly Fundraising Activity Reports. Lobbyists shall file a quarterly report with the Clerk of Council if the lobbyist, within the last 12 months: 1) Engaged in fundraising activities on behalf of an elected City official and/or an elected City official's controlled committee and knows or has reason to know that the fundraising activity resulted in a contribution or contributions; or 2) Delivered or acted as an intermediary for one or more contributions to an elected City official and/or any of an elected City official's controlled committees. City Council 11 — 14 7/19/2022 3) All reports will be on a form prepared by the Clerk of Council. 4) Each report will be filed with the Clerk of Council no later than January 1 st, April 1st, July 1st, and September 1st of every year starting 2023. Sec. 2-910. — Online disclosure of report forms and reports. Every lobbying firm or lobbyist required to file a registration form or disclosure report shall use the Clerk of the Council's electronic filing system to file such forms or reports online. It is unlawful for a lobbying firm to file a registration form or disclosure report unless a duly authorized owner or officer has reviewed the contents and electronically verified under penalty of perjury that he or she believes the contents to be true, correct, and complete based on personal knowledge or on information and belief. In the event the Clerk's online filing system is not capable of accepting a required form or report, a lobbying firm or lobbying shall file that form or report in an electronic format with the Clerk on or before the deadline. Sec. 2-911. — Registration fee. The City may charge a lobbyist registration fee including fees related to the annual renewal and penalties to cover the costs associated with administering the lobbyist registration and disclosure program. The fees shall be in such amounts established by resolution of the City Council. Sec. 2-912. — Disclosure reports made available to the public. The Clerk of Council shall make all lobbyist registration and disclosure reports available online to the public and copies available through the Clerk of Council's office. Sec. 2.913. — Powers and duties of the Clerk of the Council. (a) The Clerk of the Council may issue a notice of filing obligations to any person or entity who a City official or other person has reason to believe should file a registration form or disclosure report. Before sending the notice, the Clerk shall determine whether facts exist to warrant sending a notice. If, within ten (10) business days after the Clerk has sent a written notice, the person or entity either complies with this Chapter or furnishes satisfactory evidence to the Clerk that he or she is exempt from the filing obligations, a violation will be deemed not to have occurred. (b) The Clerk of the Council shall report apparent violations of this Chapter to the City Attorney's Office. City Council 11 — 15 7/19/2022 (c) The Clerk of the Council shall preserve all registration forms and disclosure reports required to be filed under this Chapter for a period of five (5) years from the date of filing. These registration forms and disclosure reports shall constitute part of the public records and shall be open to public inspection. Copies shall be made available by the Clerk upon request and payment of any lawful copy charges. (d) The Clerk of the Council shall have the power to adopt all reasonable and necessary procedures to implement this Chapter. Sec. 2.914.- Appearance of an unregistered lobbying. If a lobbyist who has not registered appears at a public meeting of an legislative body of the City to make a presentation on behalf of a client, the lobbyist will be permitted to make the presentation upon stating, on the record, the following: 1) The lobbyist's full name, business address and telephone number; 2) The name, business address, and telephone number of any individual or entity by whom the lobbyist is employed, retained or engaged for compensation to perform lobbying services in the city; and 3) The legislative or administrative action of the city with respect to which the lobbyist has been employed, retained or engaged. The lobbyist shall be required to file the required registration form and pay the registration fee and any penalty fee set by resolution, to the Clerk of the Council upon completion within seven (7) business days of such presentation. Sec. 2-915. — Penalty for violation. (a) Every violation of the provisions of this Article may be charged as either a misdemeanor or as an infraction in the discretion of the citing officer or city attorney and, upon conviction thereof, shall be punishable as provided for in section 1-8 of this Code. (b) Each day any violation of any said provision of this chapter shall continue shall constitute a separate offense. (c) Any person convicted of violating this Article may not act as a lobbyist within the City or otherwise attempt to influence City legislation for compensation for one year after such a conviction. (c) Residents of the City of Santa Ana shall have standing to bring a civil action for enforcement of this Article. City Council 11 — 16 7/19/2022 (d) Use of criminal enforcement and/or administrative citations shall not prevent or preclude the city from seeking injunctive relief and civil penalties in court for violations of this Article. Section 2. 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. Section 3. This Ordinance shall become effective thirty (30) days after its adoption. Section 4. The Clerk of Council shall certify the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney Laura A. Rossini Chief Assistant City Attorney City Council 11 — 17 7/19/2022 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: 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-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2022, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Daisy Gomez Clerk of the Council City of Santa Ana City Council 11 — 18 7/19/2022 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XII OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO OFF -PREMISE COMMERCIAL ADVERTISING SIGNS AND DEVELOPMENT PROJECT PLAN APPROVALS TO ALLOW AND REGULATE NEW DIGITAL BILLBOARDS SUBJECT TO CERTAIN LOCATION, DESIGN, AND OPERATIONAL REQUIREMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and, declares as follows: A. On April 16, 1984, the City Council adopted Ordinance No. NS-1722, adding Article XII to Chapter 41 of the Santa Ana Municipal Code (SAMC) allowing and regulating off -premise commercial advertising signs, commonly known as billboards. B. On June 15, 1987, the City Council adopted Ordinance No. NS-1915, adopting a revised "Critical Development Areas" and `Improvement Areas" map to further allow and regulate off -premise commercial advertising signs in certain segments of the City. C. On September 8, 1987, the City Council adopted Ordinance No. NS-1927, further amending certain sections of Article XII of the Santa Ana Municipal Code. D. Since the adoption of Ordinance Nos. NS-1722, NS-1915, and NS-1927, amendments to the California Outdoor Advertising Act and other regulations and policies of the California Department of Transportation (Caltrans), as well as changes in technology allowing digital displays on billboards, have rendered many segments of Article XII of Chapter 41 of the SAMC outdated and obsolete. This status effectively prohibits construction or reconstruction of new or existing billboards, as well as installation of electronic message displays. Since their adoption, these ordinances have also effectively rendered existing billboards in Santa Ana as legal nonconforming. E. The California Outdoor Advertising Act, set forth in California Business and Professions Code Section 5200 et seq., generally provides that compensation must be paid to billboard owners for the removal, abatement, or limitation of the Ordinance No. NS-XXX City Council 12 — 1 7/19/gM10 u customary maintenance, use, or repair of certain lawfully erected nonconforming billboards, except through a relocation agreement. F. Business and Professions Code Section 5412 specifically empowers a city to enter into relocation agreements on whatever terms are agreeable to an outdoor advertising display owner and such city as a means of eliminating the need to pay compensation for their removal. G. Construction of new billboards is prohibited along highways designated as landscaped freeways with certain exceptions, including the construction of relocated billboards pursuant to Business and Professions Code Sections 5440 through 5443.5 or the construction of new billboards along portions of landscaped freeways that have been declassified. H. Business and Professions Code Section 5412 further empowers a city to adopt ordinances or resolutions providing for the relocation of billboards. I. Technology has also allowed for the modernization of advertising medium by way of the creation of digital or electronic messaging, which have been utilized by advertising companies throughout the nation. J. The City recognizes that billboards are a valuable advertising tool, but without proper design, placement, and maintenance, they may unduly distract, create traffic hazards and negative visual, lighting, and glare impacts. K. Permitting the construction of new billboards along portions of the City that are not adjacent to landscaped freeways and the relocation or reconstruction of existing billboards to more appropriate locations within the City with upgraded technology provides a greater opportunity for businesses to advertise to larger audiences, promote economic growth in the City and the region, and provide for additional public service announcements. L. Allowing the removal of existing billboards also allows the City to direct the placement of new billboards with digital technologies into areas that are more aesthetically appropriate, thereby creating fewer visual and glare impacts for the City's residents. M. Adoption of this Ordinance is compatible with the SAMC and promotes the public health, safety, and welfare of the citizens of the City. N. The Planning Commission held a duly -noticed public hearing on April 25, 2022 to consider this Ordinance, where all interested persons were given an opportunity to be heard. The Planning Commission recommended approval of the ordinance to the City Council, subject to modifications to Section 41-1113 of this Ordinance and the draft Operating Agreement template to provide for minimum local hiring requirements when considering billboard reduction alternatives as per Section 1 of the draft Operating Agreement. Ordinance No. NS-XXX City Council 12 — 2 7/19/g�20 u O. The City Council held a duly -noticed public hearing on June 21, 2022 where all interested persons were given an opportunity to be heard. Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. Article XII (Off -Premise Commercial Advertising Signs) of Chapter 41 of the Santa Ana Municipal Code (Zoning) is hereby repealed in its entirety. Section 4. Article XII (Off -Premise Commercial Advertising Signs) of Chapter 41 of the Santa Ana Municipal Code (Zoning) is hereby reenacted in its entirety to read as follows: ARTICLE XII. — OFF -PREMISE COMMERCIAL ADVERTISING SIGNS (BILLBOARDS) DIVISION 1. - GENERAL PROVISIONS Sec. 41-1100. - Purpose. The purpose and intent of this Article is to allow: (1) The installation of digital billboards adjacent to freeways in suitable locations; (2) The reconstruction or conversion of existing static freeway -oriented billboards to digital billboards; and (3) The reconstruction or conversion of existing on -premise freeway -oriented advertising signs to digital billboards. Sec. 41-1100.5. - Goals. These provisions seek to achieve the following goals: (1) The removal of existing billboards along arterial streets; (2) The construction of new freeway -oriented digital billboards in exchange for specific economic and community benefits as described in this Article; (3) The reconstruction/conversion of freeway -oriented existing static billboards in exchange for specific economic and community benefits as described in this Article; (4) The reconstruction or conversion of existing on -premise freeway -oriented digital signs to off -premise commercial advertising signs; (5) The display of public service announcements; and (6) The generation of revenue for City to fund ongoing services and community needs. Sec. 41-1101. - Definitions. As used in this Article, the following words, terms or phrases have the following meanings: Ordinance No.,gNS-XXX City Council 12 — 3 7/19/�Mg of" (1) Adjacent (when used to refer to a billboard adjacent to a freeway) shall mean located within 300 feet of the edge of pavement of a freeway on a parcel having frontage on said freeway and as depicted on maps by the Planning Division. (2) Arterial Billboard means an off -premise commercial advertising sign located adjacent to a public street that is not freeway oriented. (3) Billboard and Off -Premise Commercial Advertising Sign means a sign affixed to the ground as a permanent structure used for the display of off -premise advertising to the public. (4) Billboard Operating Agreement means an agreement entered into by and between the City and the billboard operator which will specify terms for fees to compensate for impacts on City aesthetics and services, including an Economic and Community Benefits Plan, if proposed. (5) Classified Landscaped Freeway, when referenced in this Article, refers to a designation applied by the California Department of Transportation (Caltrans) to certain freeway segments which meet the criteria established by the California Code of Regulations Outdoor Advertising Regulations, Title 4, Division 6, and as amended. (6) Commercial Advertisement means any advertisement which has, as its primary purpose, the promotion of the sale of goods or services by a commercial business or enterprise to the public generally or any significant part thereof. (7) Digital Billboard means a billboard or off -premise commercial advertising sign using technologies, such as LCD (Liquid Crystal Display) and LED (Light - Emitting Diode), to display images and text. (8) Freeway Corridor means land located within three hundred (300) feet of the edge of freeway pavement and having frontage on the following freeways: the Santa Ana (1-5) Freeway; the Garden Grove (SR-22) Freeway; and the Costa Mesa (SR-55) Freeway. (9) Freeway -Oriented means any billboard that is adjacent to a freeway, designed to be viewed primarily by persons traveling on the main -traveled way of the freeway. (10) Freeway -Oriented On -Premise Digital Sign (Existing) means an electronic, digital message display that has been approved by the City of Santa Ana as part of a regional planned sign program pursuant to Section 41-885 of the Santa Ana Municipal Code. (11) Non -Commercial Advertisement Sign means any advertisement other than a commercial advertisement, including public service announcements. (12) Off -Premise Advertisement Sign means any commercial advertisement other than an on -premise advertisement sign that advertises products or services that is not located, produced, or offered for sale on the subject premise. (13) On -Premise Advertisement Sign means any commercial advertisement which pertains solely to goods or services which are produced or offered for sale on the premises where the advertisement is displayed. Ordinance No. NS-XXX City Council 12 — 4 7/19/gMG0 u (14) Static Billboard means a billboard or off -premise commercial advertising sign that is not equipped as a digital display. Sec. 41-1102. - Consistency with the Outdoor Advertising Act. To the extent that there is any conflict between the provisions of this Article and the provisions of the California Outdoor Advertising Act, codified at California Business and Professions Code Sections 5200 et seq., and as amended, the Outdoor Advertising Act shall prevail. Sec. 41-1103. -Application to Existing Signs. Any off -premise commercial advertising sign which was constructed in conformance with the requirements of this Article as they existed at the time of such construction, but which is not in conformance with the requirements of this Article, shall be deemed a legal nonconforming use for purposes of this Article, and may be maintained subject to the restrictions and limitations imposed on nonconforming uses by this Chapter. Such signs may be compelled to be removed through amortization subject to the requirements and limitations imposed by Sections 5412 through 5412.4 of the Business and Professions Code of the State of California, the provisions of which, as they may from time to time be amended, are incorporated herein by this reference. Sec. 41-1104. - Fees. The City Council may, by resolution, establish fees for any or all the administrative processes established by this Article. Every application for a billboard permit or Conditional Use Permit (CUP) or appeal to the Planning Commission or City Council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee. The City Council shall from time to time by resolution adopt a schedule of fees to be charged. Sec. 41-1105. - Commercial and Non-commercial Messages. Nothing in this Article shall be deemed to prohibit or restrict the use of any sign authorized by this Article for any noncommercial message. No permit required for any sign under this Article shall be granted, conditioned, or denied based on the content of the message displayed by such sign, whether such message is commercial or noncommercial in nature. DIVISION 2. - ADMINISTRATION AND PERMIT PROCEDURES Sec. 41-1110. — Permit Type and Review Authority. Table 41-1110 below identifies the primary types of development applications, approval process and approval authority for the applications required to permit digital Ordinance No.,gNS-XXX City Council 12 — 5 7/19/�Mg of" billboards. Applications may be subject to one or more development application processing procedures contained in this Chapter. The exact processing and timing of applications shall be determined by the Planning Division based on the applicable project characteristics. Table 41-1110 Permit Type and Review Authority Permit Type Approving Public Hearing Billboard Type Required Body Required Development Project Director of PBA Plan New Digital Billboard Yes Conditional Use Planning Permit Commission Operating Agreement City Manager Conversion/Reconstruction Development Project Director of PBA of Existing Freeway -Oriented Plans No Static Billboard Operating Agreement City Manager Development Project Director of PBA Plan Conversion/Reconstruction Conditional Use Planning of Existing Freeway -Oriented Yes On -Premise Digital Sign Permit Commission Operating Agreement City Manager Development Project Director of PBA Plan Relocation of Existing and Conditional Use Planning Approved Static or Digital Yes Billboards (1) Permit Commission Operating Agreement City Manager Notes, 1. As approved by this Ordinance and if required and permitted by the California Outdoor Advertising Act, as amended from time to time. Appeals from decisions of the Director of the Planning and Building Agency and/or Planning Commission, extensions, time limits, and modifications to such digital billboard approval must be conducted in a manner in accordance with Article V, Division 1 of this Chapter. Ordinance No. ,gNS-XXX City Council 12 — 6 7/19/�$of" Sec. 41-1111. -Application Requirements. Every application for the construction a new digital billboard, conversion/reconstruction of an existing freeway -oriented static billboard, or conversion/reconstruction of an existing freeway oriented on -premise advertising sign to a digital billboard shall be filed by, or with the written consent of, the property owner on forms required by the Planning Division and shall be at a minimum accompanied by the following information: (a) A pictorial representation of, and other information about, the proposed digital billboard, disclosing overall dimensions, dimensions of letters and figures, colors, materials, copy, and illumination characteristics. (b) A plan of the site on which the proposed digital billboard is to be located, indicating the precise location of the billboard, existing and proposed landscaping, other site improvements, and proximity to the edge of pavement of an adjacent freeway. (c) A vicinity map depicting the location of all existing and proposed billboards, any landmarks as designated on the General Plan that are within one thousand (1,000) feet of the proposed digital billboard, and the zoning designation of all sites within five hundred (500) feet of the boundaries of the subject property. (d) Photo simulations of all proposed digital billboards showing daytime and nighttime conditions. (e) A three-dimensional (3D) massing study depicting the proposed digital billboard. The 3D study should include massing of proposed development, if any, on applicant's parcel as well as existing buildings and advertising signs within one thousand (1,000) feet of the proposed digital billboard. (f) If the application involves the exchange of existing billboards, a map depicting the location(s) of billboards to be removed; at least two photos of each billboard to be removed; and a summary of the size of each billboard face to be removed. (g) Such other information as the Executive Director of the Planning and Building Agency deems appropriate to determine compliance with the provisions of this Article. Sec. 41-1112. - Digital Billboard Conditional Use Permit Findings of Approval. For approval of a Conditional Use Permit for a Digital Billboard, the Planning Commission shall make the following findings of fact set forth in this Section and not upon the standards set forth in Section 41-638 of this Chapter, and may impose conditions, restrictions or limitations as the commission deems necessary to meet the general purpose and intent of this Article and to ensure that the public health, safety and welfare are being maintained. Findings of Approval shall be made, and conditions may be imposed to confirm that: Ordinance No. NS-XXX City Council 12 — 7 7/19/�,gof" (a) The proposed digital billboard shall not constitute a hazard to the safe and efficient operation of vehicles upon a freeway. (b) Adequate space exists between the proposed digital billboard and any existing billboards in the vicinity, thus avoiding or minimizing any negative aesthetic impacts to surrounding land uses. (c) The size and design of the digital billboard will not be out of context with its visual environment. (d) The digital billboard will not cause light and glare to intrude upon residential uses, including those in mixed -use districts or developments. (e) The digital billboard will not significantly block or impair views of landmarks identified in the City's General Plan. (f) The installation of the new digital billboard will result in significant economic and community benefits. Sec. 41-1113. - Operating Agreement Required; Execution Fee Required. Prior to issuance of any building permits to reconstruct an existing static billboard, or prior to the public hearing notice to consider construction of a new digital billboard or conversion/reconstruction of an existing freeway oriented on -premise sign to a digital billboard, the applicant shall submit to the City Manager an executed Billboard Operating Agreement that has been reviewed and approved by the City Attorney and the Executive Director of the Planning and Building Agency. The applicant shall be responsible for paying any fees that have been established by the City Council to process and execute the Billboard Operating Agreement. In approving such agreement, the City Manager must find that the agreement will confer a substantial public benefit to the City and to the general public. Such public benefits may include, without limitation: the removal of legal nonconforming billboards; minimum display percentages or times for the advertising of City events and public service announcements; public art programming; physical site improvements; automatic brightness reductions or automatic display shutoffs due to proximity to sensitive land uses; minimum advertising of goods, products, or services provided onsite; monetary contribution intended for streetscape amenities or publicly accessible open space that enhances the quality and comfort of the pedestrian experience; minimum 20-percent local hiring from Santa Ana residents to be considered for billboard removal alternatives through the Economic and Community Benefits Plan; and/or financial contributions to the City with the intent to achieve the same results. DIVISION 3. — DEVELOPMENT, LIGHTING AND OPERATIONAL STANDARDS Sec. 41-1130. - Permitted Locations. New and reconstructed billboards, and the conversion of existing freeway oriented on -premise advertisement signs to a digital billboard: Ordinance No. NS-XXX City Council 12 — 8 7/19/gM�0 u (a) Shall only be constructed on properties zoned and used for non-residential uses in any zoning district, including overlay zones, specific plans, and specific development zones. Such requirement may be modified by the Planning Commission through the approval of a Conditional Use Permit. (b) Shall be located within the Freeway Corridor as defined in Section 41-1101. (c) Shall not be located within five hundred (500) feet from any residentially zoned parcel, as measured from the border of the digital billboard face, or the base of the digital billboard structure, to the nearest property line of the residentially zoned property. Such requirement may be modified to be no less than one - hundred fifty (150) feet for mixed -use districts by the Planning Commission through the approval of a Conditional Use Permit (d) Shall be located outside any right-of-way owned by the California Department of Transportation (Caltrans). (e) Shall not significantly block or significantly impair views of any landmark identified in the General Plan. (f) To preserve views of the Santa Ana Water Tower, no billboard shall be constructed on any property adjacent to the northbound and southbound travel lanes of the Santa Ana (1-5) Freeway between Main Street and Grand Avenue. Sec. 41-1131. - Development Standards. (a) All digital billboards shall comply with standards established by the California Department of Transportation (Caltrans) in effect at the time the permit is issued. These standards may prohibit the construction of digital billboards in landscaped areas and/or in zones where residential uses are permitted; may limit the size and height of digital billboards; and may require separation between billboards, among other provisions. (b) All new or reconstructed billboards shall be digital billboards. The construction or reconstruction of static billboards is prohibited. (c) The development standards in Table 41-1131 shall be applicable to all new and reconstructed billboards. Table 41-1131 Digital Billboard Development Standards Standard Maximum Sign Area/Face As allowed by Caltrans Maximum Number of Faces Two (2) Maximum Height 60 feet(') Spacing Between Billboards 1,000 feet (2) Number of Vertical Supports One Vertical Support (3) Ordinance N�oq.,gNS-XXX City Council 12 — 9 7/19/�U 2of" Notes: 1. Measured from nearest adjacent curb level on the site on which the sign is constructed. May be modified through Planning Commission approval of a Conditional Use Permit. 2. The minimum separation between billboards shall be one -thousand (1,000) feet (including static billboards) or standards established by Caltrans in effect at the time the permit is issued, whichever is greater, as measured from the base of each billboard's vertical support. 3. All conduits, cables and appurtenances shall be concealed within the vertical support. Sec. 41-1132. - Design Standards. (a) The words "Santa Ana" shall permanently appear on the billboard structure in a size large enough to be visible to drivers using the freeway. The precise location, size and font of the words shall be determined by the approval authority. (b) All ground -mounted equipment shall be screened from view at street level. The entire site occupied by the billboard shall be appropriately landscaped with groundcover and shrubs to the satisfaction of the approval authority. (c) Each freeway billboard must be oriented primarily for viewing from the freeway and shall be oriented, and adequately shielded if necessary, to prevent the trespass of light and glare upon any residential land use, including those in mixed -use districts, as exists on the date of building permit issuance. (d) The billboard shall utilize an innovative billboard format, shall creatively use the latest in technology to ensure digital image quality, and shall use innovative architectural features and materials. (e) All billboards shall plainly display, and be visible from no less than fifty (50) feet, the name of the person or company owning or maintaining such billboard, contact information for said person or company, and the billboard's identification number. (f) Billboards projecting over a driveway or drive aisle shall have a minimum clearance of 20 feet between the lowest point of the sign and the driveway grade. (g) No part of any billboard shall cross onto an adjacent property. (h) Billboards projecting over a pedestrian walkway shall have a minimum clearance of twelve (12) feet between the lowest point of the sign and the walkway grade. (i) All billboards not projecting over drive areas or pedestrian walkways shall have a minimum clearance of twelve (12) feet between the lowest point of the billboard and ground level. Sec. 41-1133. - Lighting and Display Requirements. (a) Signs shall produce a maximum 0.3 foot-candles over ambient light levels. (b) The display brightness shall be controlled by a photocell or light sensor that adjusts the brightness to the required level based on ambient light conditions without the need for human input. Use of other brightness adjustment methods, Ordinance No. NS-XXX City Council 12 — 10 7/1972U2' of u such as timer- or calendar -based systems, shall only be used as a backup system. (c) The display shall be factory -certified as capable of complying with the above brightness standards. Such certification shall be provided to the satisfaction of the Executive Director of the Planning and Building Agency, or his/her designee. (d) The sign owner shall provide to the City, upon request, certification by or compensation for an independent contractor to verify that the brightness levels of the digital billboard are in compliance with the requirements of this Section. (e) All signs shall be equipped with a control system that, in the event of a display or control malfunction, "freezes" the display on either a single, unchanging message, or a blank screen. An emergency shutoff switch shall be provided. (f) Any sign area not comprising the digital display panel is prohibited. This area includes, but is not limited to, static sign area, appendages, cutout letters, and figures. A frame surrounding the display panel up to twelve (12) inches in width shall be permitted; it shall not contain any sign copy or graphics, and shall not count toward the sign area. (g) Where screen transitions are used, such transitions shall not give the appearance of moving text or images. The sign copy shall not use flashing, intermittent or moving lights or produce the optical illusion of movement or use animation. (h) Each sign copy shall be displayed for a minimum of four (4) seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition or blank screen time between one still image and the next may not exceed one (1) second. (i) All digital billboards must comply with all applicable laws and regulations concerning brightness, including, without limitation, California Vehicle Code Section 21466.5, and as amended. Q) All digital billboards must provide sufficient time for public service announcements as set forth in the approved Operating Agreement. Such public service announcements may not be concentrated during non -peak hours and must be evenly dispersed throughout peak hours so as to maximize their benefit for the community and passer-by traffic. Sec. 41-1134. - Prohibited Features. Freeway oriented billboards shall not contain any of the following features: (a) Moving parts. (b) Appendages, cutout letters, or figures that protrude beyond the flat surface of the sign face. (c) Lights that flash, shimmer, glitter or give the appearance of flashing, shimmering or glittering. Exceptions to this restriction include time, temperature and smog index units. Ordinance No. NS-XXX City Council 12 — 11 7/1972U2' of u (d) Walls or screens at the base of the sign which create a hazard to public safety or provide an attractive nuisance. (e) Copy which simulates any traffic sign in a manner which confuses the public. (f) Copy which duplicates any other content displayed on the sign. (g) Devices which emit audible sound, or odor or particulate matter. Sec. 41-1135. - Maintenance and Monitoring. (a) No person shall allow any digital billboard located on property owned, occupied or controlled by such person to remain in a condition of disrepair for a period of more than fifteen (15) days. For purposes of this article, a billboard shall be deemed to be in a condition of disrepair if it is in need of replacement of defective or missing parts, has a broken or damaged sign face, or is in need of repainting or cleaning in order to be brought into a reasonably slightly and legible condition. (b) All billboard operators shall submit a Lighting Monitoring Report to the Planning Division upon installation, and at three-year intervals thereafter to confirm conformance with the lighting requirements set forth in this Article. (c) Complaints about lighting will be investigated by the City, and if determined necessary by the Executive Director of the Planning and Building Agency, the billboard operator shall provide an updated Lighting Monitoring Report within 72 hours of the notice from the City. The City shall reserve the right to conduct digital billboard lighting measurements. If the measured luminance and/or illuminance exceed the data presented in operator's Lighting Monitoring Report, the findings of the City report shall prevail. All cost shall be borne by the applicant/operator. DIVISION 4. - BILLBOARD EXCHANGE PROGRAM. Sec. 41-1140. -Applicability. No building permit shall be issued for any new digital billboard, conversion/reconstruction of an existing freeway oriented static billboard, or conversion/reconstruction of an existing on -premise advertising sign to a digital billboard, until the removal ratios as required by the Operating Agreement pursuant to Section 41-1113 of this Article have been met by applicant. In addition, the following standards are shall apply: (a) Nonconforming billboards with more than one face shall be removed in their entirety and shall not be altered or partially dismantled in such a way as to leave behind one or more faces or portion(s) thereof. (b) No billboard shall be reduced in size or otherwise altered to provide for the required removal, and only whole, entire billboard(s) shall be removed. In no case shall less than the required amount of display surface area be removed. (c) Any billboard removed or demolished from within the City, or reduced in size, not in conjunction with a project requiring removal under this Article, shall not be credited toward the removal requirements of Section. Ordinance No. NS-XXX City Council 12 — 12 7/1972U22of u (d) Billboards shall be removed with the following priority, in order of highest priority to lowest: (1) Nonconforming billboards located on properties used for residential purposes or zoned for residential use. (2) Nonconforming billboards not located adjacent to a street classified as a Freeway, Principal, Major Arterial, Primary Arterial and Secondary Arterial as defined by the Santa Ana Circulation Element, with the exception of those billboards located in Downtown Santa Ana. (3) All other nonconforming billboards. (e) The City may allow the applicant to post a bond guaranteeing removal of the existing billboards prior to issuing permits for the applicable digital billboard in the freeway corridor. Sec. 41-1141. - Overriding Economic and Community Benefit Considerations for Billboard Removal Exchange Ratio Reduction. The billboard removal ratio as required pursuant to Section 41-1113 of this Article may be reduced subject to demonstration of overriding economic and community benefits as proposed in an Economic and Community Benefits Plan attached to and incorporated in a Billboard Operating Agreement as specified in Section 41-1113 of this chapter, subject to the satisfaction of the City Manager. Section 5. Section 41-668 of Division 3 of Article V of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-668. - Definitions. (a) Development project. As used in this division, the term "development project' includes any of the following projects: (1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of two thousand five hundred (2,500) square feet or more is constructed or added; but excluding the following: a. Single family homes; b. Room additions to duplexes; c. Tenant improvements not involving a change of use; d. Facade improvements; e. Equipment covers or structures to cover equipment. (2) Tenant improvements involving an intensification or change in occupancy classification. Ordinance No. NS-XXX City Council 12 — 13 7/1972U2' of u (3) Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages. (4) Construction of new digital billboards, conversion of an existing static billboard within to a digital billboard, conversion/reconstruction of existing on -premise digital signs, and relocation of billboards. (b) Discretionary approval. As used in this division, the term "discretionary approval' means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division. Section 6. Pursuant to the California Environmental Quality Act, the City Council has concurrently and separately reviewed, certified, and adopted the Final Initial Study/Mitigated Negative Declaration and the related Mitigation Monitoring and Reporting Program for this project/ordinance. On the basis of this review, the City Council found that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 7. 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. Section 8. This Ordinance shall become effective thirty (30) days after its adoption. Section 9. 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 2022. Vicente Sarmiento Mayor Ordinance No. NS-XXX City Council 12 — 14 7/1972U2'Gof u APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: 62"^ iW -F rK John M. Funk Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2022 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX City Council 12 — 15 7/1972U2' of u Public Works Agency www.santa-ana.org/departments/public-works/ Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Destruction of Obsolete City Records AGENDA TITLE: Approve Destruction of Obsolete City Records RECOMMENDED ACTION Approve the request for the destruction of obsolete records from the Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013-014 ("Resolution"). This Resolution provides to the multiple agencies, departments, and offices of the City, guidance on the retention of City records and how long the records need to be retained. To assist the City, the Citywide Records Team compiled the Citywide Records Retention Schedule ("Schedule") which sets forth the retention period for a particular record. The Schedule reflects the requirements of the Public Records Act, is modeled after the California Secretary of State's sample for local government, and incorporates other statutory periods applicable to Santa Ana. The Resolution attaches the Schedule, which is broken down into multiple sections covering the varied responsibilities and retention periods for a City department. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum retention period requirements. Section 5.13 of this Resolution and the City's Municipal Code requires that the City Attorney approve the destruction of a City record. Accordingly, the Public Works Agency lists obsolete records proposed for destruction. A copy of the memorandum was reviewed by staff from the City Attorney's Office and approved by the City Attorney. The memorandum is attached as exhibit to this staff report. Destruction of these records will serve to benefit each office with a more efficient access to files and alleviate the City's current storage needs to maintain these obsolete records. City Council 13 — 1 7/19/2022 Destruction of Obsolete City Records July 19, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Request for Destruction of Records — Public Works Agency Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency and Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 13 — 2 7/19/2022 MEMORANDUM To: Sonia R. Carvalho, City Attorney From: Nabil Saba, Executive Director, Public Works Agency Subject: Request for Destruction of Records Date: April 19, 2022 The Public Works Agency requests your consent to destroy city records on the attached listings, in accordance with the retention schedule outlined in City Council Resolution 2013-014. Please review this report and return a signed and dated copy of the attached pages approving the destruction of these records. Thank You, Nabil Saba Executive Director Public Works Agency City Council 13 — 3 7/19/2022 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Fire Department 2021 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD START DATE/RETENTION PERIOD RETENTION PERIOD GOVT. CODE Construction Engineering Project Files Construction Project related files. Construction Completion Date/10 Years 2010 & prior GC 34090; CCP 337.15 ► ,A. &' , Qo ] 20 / zc)ze-- Nabil Saba Date Executive Director Public Works Agency DESTRUCTION OF THESE RECORDS APPROVED BY: June 22, 2022 onia R. Carvalho Date for the City Attorney LISTED RECORDS HAVE BEEN REVIEWED FOR DESTRUCTION BY: Ma et Mercer Date Administrative Services Manager City Council 13 — 4 7/19/2022 Public Works Agency Files to be Destroyed Record Series: Project Files Record Description: Construction Project Related Files Record Start Date: 12/30/1999; PR #2935 — Regional Transportation Center (Structure) 5/2/2002; PR #7626 — Bristol Street Widening 8/10/2005; PR#04-1700— Fairview/Warner Intersection Improvements 11/3/2005; PR #05-1704 — 04'/05' Omnibus Concrete Replacement Contract 8/2/2005; PR #05-3193 — Wilshire Neighborhood, Water Main Improvements 2/11/2005; PR #04-3507 — Flower St, 15'h St, & 1n St Sanitary Sewer Imp. 10/3/2001; PR #1739— McFadden Ave. Realignment 4/23/1997; PR #1440A — Phase I, Westminster Ave. Widening 4/6/2006; PR #1908—Artesia Filar Neighborhood Improvements 1/5/2001; PR #1599— Harbor Blvd. Rehabilitation: Warner— MacArthur 1/9/2004; PR #7139 — Main St. Reconstruction: 8'h St— Warner Ave 10/17/2005; PR #05-7808 — Madison Park Nghbrhood & Parkway; Sidewalk Imp. 6/22/2005; PR #05-3194 — Ritchey St & Lyon St Water Main Improvements 7/23/2004; PR #04-1000 — 03'/04' Omnibus Concrete Replacements 12/3/2004; PR #04-2101— Harbor Blvd Rehabilitation: SCL — Westminster Ave 3/8/2000; PR #7697 — Grand Central Arts 5/9/2003; PR #7683 — Bristol St Widening:17'h St— Memory Lane 3/28/2002; PR #0600 — Fire Station Parking Lots: House #s 4, 6 & 8 10/30/2007; PR #05-1004— Main St Rehabilitation: Edinger Ave— Warner Ave 12/1/2008; PR #06-1009 — Main St Rehabilitation: Walking Way — NCL 10/2/2007; PR #06-1023 — Main St Rehabilitation:18'h St— Buffalo 10/17/2006; PR #05-1703 — McFadden Ave Rehabilitation 30/2/2007; PR #05-1705 — Broadway Ave Rehabilitation 9/27/2007; PR #05-1706— Civic Center Drive Rehabilitation 2/22/2008; PR #05-1707 — Fa riview St/MacArthur Ave Intersection Widening 9/14/2007; PR #06-1709 — McFadden Ave Rehabilitation: Standard Ave — ECL 6/9/2008; PR #06-1722 — Adaptive Downtown Traffic Signal System: Phase IV 7/23/2007; PR #07-1725 — 06'/07' Omnibus Concrete Replacement Contract 10/10/2003; PR #1729 —17`h St Overcrossing 8/5/2008; PR #08-1729 — Omnlbus Concrete Replacement 3/12/2008; PR #06-1711-11t St Rehabilitation: WCL— Euclid St. 11/6/2006; PR #06-1713 — 05'/06' Omnibus Concrete Replacement Contract 1/20/2009; PR #08-1733 — "Project Restore": Local Street Pavement Rehab 5/23/2008, PR #08-1734 — Regional Transportation Center Exterior Imp. 7/21/2010; PR #09-1742 — 51h Street Rehabilitation 5/2/2008; PR #06-1012 —Santa Clara Ave Rehabilitation 4/24/2009; PR #1013 —Standard Ave Rehabilitation City Council 13 — 5 7/19/2022 5/17/2010; PR #1028-C — Sege rstrom Ave Rehabilitation 2/21/2008, PR #07-1027 — Citywide Slurry Seal 1/4/2010; PR #09-1029 — Plaza Dr Rehabilitation: Sunflower— MacArthur 5/2/2008; PR#06-1717-4'h St Rehab: l-5—SR55/Tustin: 171h— NCL 3/28/2003; PR #1730 — Fairview St/Edinger Ave Improvements 9/10/2004; PR #1733 — Main St/MacArthur Ave Widening Project 11/24/2008; PR #08-1736C — Project Restore: Local St Pavement Rehab: Phase 2 7/9/2009; PR #08-1737 — Project Restore: Local St Pavement Rehab: Phase 3 Retention Period: Construction Completion Date + 10 Years Custodian: Central Files City Council 13 — 6 7/19/2022 Finance and Management Services www.santa-ana.org/finance Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Receive and file the Single Audit Report for the Fiscal Year Ended June 30, 2021 AGENDA TITLE: Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2021 RECOMMENDED ACTION Receive and file Single Audit Report for the Fiscal Year Ended June 30, 2021. DISCUSSION All non -Federal entities that expend $750,000 or more of Federal awards each fiscal year are required to obtain a Single Audit to comply with the regulations of the Federal Office of Management and Budget (OMB). The Single Audit for the fiscal year ended June 30, 2021 and has been completed by the City's independent auditor, Clifton LarsonAl len LLP. During the fiscal year 2020-21, the City administered twenty-four (24) Federal grant programs and expended $105.6 million, representing an increase of $46.5 million from the prior fiscal year. The increase was primarily due to $31.8 million in Coronavirus Relief Fund expenditures, $3.7 million in COVID-19 Community Development Block Grant (CDBG), $3.6 million in COVID-19 Emergency Solutions Grant, $2.4 million in COVID-19 Housing Assistance programs, and $4.0 million additional Highway Planning & Construction capital expenditures. Of the twenty-four (24) programs administered by the City, the auditors identified four major programs for the audit: Emergency Solutions Grant Program ($4.0 million), Workforce Innovation and Opportunity Act (WIOA) Cluster ($2.3 million), Coronavirus Relief Fund ($31.8 million), and Emergency Rental Assistance Program ($3.4 million). The Finance and Management Agency is pleased to report that the City received an unmodified opinion commonly known as a clean opinion; which is considered the most favorable conclusion for the audit. The unmodified opinion indicates that the City has complied, in all material respects, with the compliance requirements for the fiscal year ended June 30, 2021. However, the auditors disclosed one compliance finding related to WIOA Youth Activity program for not meeting the minimum expenditure requirements. The noncompliance was due to various restrictions and limitations during the COVID-19 pandemic, such as closed worksites and not accepting remote work for youth. Program City Council 14 — 1 7/19/2022 Approve the recognition of revenue in the General Fund for certain unclaimed funds July 19, 2022 Page 2 staff plans to restructure subrecipient agreements and encourage meeting enrollment goals to prevent future findings. The report (Exhibit 1) is posted and available on the City's website (https://www.santa- ana.ora/financial-reports) along with prior fiscal years. In addition, the report has been submitted for certification as part of the Single Audit Data Collection Form process. The Single Audit Report is normally required to be submitted by March 31. However, OMB extended the deadline to September 30 to provide administrative relief to recipients of federal financial assistance impacted by COVID-19. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT 1. FY20-21 Single Audit Report Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 14 — 2 7/19/2022 EXHIBIT 1 CITY OF SANTA ANA, CALIFORNIA CITY OF SANTA ANA, CALIFORNIA June 30, 2021 TABLE OF CONTENTS Page Number Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 1 - 2 Independent Auditors' Report on Compliance for Each Major Federal Program, Report on Internal Control over Compliance, Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance, Schedule of Expenditures of State Awards Required by the State of California, and Housing Authority of the City of Santa Ana Financial Data Schedules Required by the US Department of Housing and Urban Development 3-5 Schedule of Expenditures of Federal Awards Schedule of Expenditures of State Awards im Notes to the Schedules of Expenditures of Federal and State Awards 11 Housing Authority of the City of Santa Ana Financial Data Schedules: Financial Data Schedule of Assets, Liabilities, and Equity as of June 30, 2021 12 Financial Data Schedule of Revenues, Expenses, and Changes in Equity for the Fiscal Year Ended June 30, 2021 13 Schedule of Findings and Questioned Costs Summary Schedule of Prior -Year Audit Findings 14-16 17 City Council 14 — 4 7/19/2022 ClAconnect.com INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAUDITING STANDARDS Honorable City Council of the City of Santa Ana Santa Ana, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana, California (the City), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City's basic financial statements and have issued our report thereon dated December 8, 2021. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the City's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. NCounCnLA is an independent member of Nexia International 4lead6g, global network of independent 7/19/2022 mmaLJanel accounting and consulting firms. See nexia.com/member-firm-disclaimer for details. t Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. CliftonLarsonAllen LLP Irvine, California December 8, 2021 City Council 2 14 — 6 7/19/2022 CliftonLarsonAllen LLP ClAconnect.com INDEPENDENT AUDITORS' REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM, REPORT ON INTERNAL CONTROL OVER COMPLIANCE, REPORT ON THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE, SCHEDULE OF EXPENDITURES OF STATE AWARDS REQUIRED BY THE STATE OF CALIFORNIA, AND HOUSING AUTHORITY OF THE CITY OF SANTAANA FINANCIAL DATA SCHEDULES REQUIRED BY THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Honorable City Council of the City of Santa Ana Santa Ana, California Report on Compliance for Each Major Federal Program We have audited the City of Santa Ana's (the City) compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City's major federal programs for the year ended June 30, 2021. The City's major federal programs are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Management's Responsibility Management is responsible for compliance with the federal statutes, regulations, and the terms and conditions of its federal awards applicable to its federal programs. Auditors' Responsibility Our responsibility is to express an opinion on compliance for each of the City's major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America, the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the audit requirements of Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the City's compliance. \Il.LC1 councilLA is an independent member of Nexia International 4laad i7g, global network of independent 7/1 9/2022 ramBuarel accounting and consulting firms. See nexia.com/member-firm-disclaimer for details. 3 Opinion on Each Major Federal Program In our opinion, the City complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021. Other Matters The results of our auditing procedures disclosed an instance of noncompliance, which is required to be reported in accordance with the Uniform Guidance and which are described in the accompanying schedule of findings and questioned costs as item 2021-001. Our opinion on each major federal program is not modified with respect to this matter. The City's response to the noncompliance findings identified in our audit is described in the accompanying schedule of findings and questioned costs. The City's response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. Report on Internal Control over Compliance Management of the City is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the City's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the U M i y ounce — 8 7/19/2022 29 Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance, the Schedule of Expenditures of State Awards Required by the State of California, and the Housing Authority of the City of Santa Ana Financial Data Schedules Required by the US Department of Housing and Urban Development We have audited the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Santa Ana as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the City's basic financial statements. We issued our report thereon dated December 8, 2021, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying Schedule of Expenditures of Federal Awards, the Schedule of Expenditures of State Awards, and the Housing Authority of the City of Santa Ana Financial Data Schedules are presented for purposes of additional analysis as required by the Uniform Guidance, the State of California, and the US Department of Housing and Urban Development, respectively, and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the Schedule of Expenditures of Federal Awards, the Schedule of Expenditures of State Awards, and the Housing Authority of the City of Santa Ana Financial Data Schedules are fairly stated in all material respects in relation to the basic financial statements as a whole. CliftonLarsonAllen LLP Irvine, California June 17, 2022 City Council 14 — 9 7/19/2022 5 CITY OF SANTA ANA, CALIFORNIA Schedule of Expenditures of Federal Awards For the Fiscal Year Ended June 30, 2021 Federal Federal Grantor / Assistance Pass -Through Total Passed Pass -Through Grantor / Listing Entity Identifying Federal Through to Program / Cluster Title Number Number Expenditures Subrecipients U.S. Department of Housing and Urban Development Direct Programs: Community Development Block Grants - Entitlement Giants Cluster: Community Development Block Grants 14.218 N/A $ 7,511,180 S 720,338 COVID-19- Community Devetopment Block Grants t4.2IS N/A 4,508,225 3,782,996 Neighborhood Stabilization Program I t4.218 N/A 1.235 - Neighborhood Stabilization Program 3 14.218 N/A 1,967 Subtotal Community Development Block GranCc- EntilletmentGiants Cluster 12,023.607 4,503,334 Emergency Solutions Grant Program 14.231 N/A 452,850 360,355 COVID-19- Enwigency Solutions Grant Program t4.231 N/A 3,560,234 3,102,596 Subtotal Emergency Solutions Grant Program 4A13.084 3,462,951 housing VOUJICr C1tGtcr: Section 8 Housing Choice Vouchers 14.871 N/A 39,132,051 - COVID-19 - Section 8 Housing Choice Vouches - CARES Act 14.871 N/A 1,260,045 - COVID-19- I lousing Assistance Payments - CARES .Act t4.871 N/A 1,127,700 Subtotal Section 8 Housing Choice Vouchers 41,519.796 Mainstream Vouchers t4.879 N/A 1,535,620 - COVID-t9- Mainstream Vouchers - CARESAct 14.879 N/A 15,716 Subtotal Mainstrearn Vouchers 1,5513,36 Subtotal Dousing Vouchcr Cluster 43,071,132 - Family Self -Sufficiency Program 14.896 N/A 71,322 - Famil.,Sclf-Sufficiency Program 14.896 N/A 97,419 - Subtotal Family Self -Sufficiency Program 16874E I TOME Investment Partnerships Program 14.239 N/A 201,662 - Total U.S. Department of Housing and Urban Development 59.478.226 7,966,285 U.S. Department of Labor Workforce Irmovatiou and Opportunity Act (WIOA) Cluster: Passed through CA Employment Development Department: WIOA Adult Program t7.258 AA111027 682,155 WIOA Dislocated Worker Formula Giants 17.278 AA111027 601,790 - WIOA Dislocated Worker Formula Grants (Rapid Response) 17.278 AA111027 239,472 Subtotal W10A Dislocated Worker Formula Grants 841.262 WIOA Youth Activities 17.259 AA011027 196,341 - WIOA Youth Activities 17.259 .AA111027 561,499 345,027 Subtotal WIOA Youth Activities 757.840 345,027 (Coutimued) See accompanying Notes to the Schedules of Expenditures of Federal and State Awards City Council 14 — 10 7/19/2022 6 CITY OF SANTA ANA, CALIFORNIA Schedule of Expenditures of Federal Awards For the Fiscal Year Ended June 30, 2021 (Continued) Federal Federal Grantor / Assistance Pass -Through Passed Pass -Through Grantor / Listing Entity Identifying Federal Through to Program / Cluster Title Number Number Expenditures Subrecipients Passed through County of Orange Cunununity Resources Agency WIOA Adult Program 17.258 19-28-0070-RWS $ 18,686 S - Passed through Goodwill hndush'ies of Orange: WIOA Adult Program (Veterans F.mplo)trout Assistance Program) 17.258 K9110010 6.837 Subtotal Workforce Innovation and Opportunity Act (WiOA) Cluster 2,306.780 345,027 Passed through CA Employment Development Department: WIOA National Dislocated Worker Giant 17.277 AA011027 158,358 Total U.S. Department of Labor 2A65.138 345,027 U.S. Department of Transportation I lighway Planning and Construction Cluster: Passed through CA Depainneut of Transportation National I lighway Performance Program 20.205 RRLS 5063(184) 597,152 - Bicycle Corridor Improvement 20.205 CMAQ 5063(180) BCI 566,518 - Bicycle Corridorimprovement 20.205 CMAQ 5063(I81) BCt 17,546 - Bicycle Corridor Improvement 20205 CMAQ 5063(182) RCI 847,818 - Bicycle CorridorImprovement 20205 CMAQ 5063(183) BCI 906,619 - Bn ycle Corridor Improvement 20.205 CMAQ 5063(200) BCI i,4t6 - Regional SurPacc Transportation Program 20.205 STPL5063(176) 10,867 - HighwaySafety Improvement Program 20.205 HSIPL 5063(171) 142,280 - Highway Safety fmprovementProgram 20.205 HSIPL 5063(186) 344,573 - I lighway Safety Improvement Program 20.205 HSIPL 5063(187) 456,795 - HighwaySafetyImprovementPrurcram 20.205 HSIPL 5063(188) 397,482 - Highway Safety improvement Program 20.205 HSIPL 5063(189) 7,772 - I lighway Safely Improvement Program 20.205 HSIPL 5063090) 8,613 - Subtotal Highway Planning and Construction Cluster 4,30T451 Ilighway Safely Cluster: State and Community I lighway Safety: Passed through CA Office of Traffic Safety: Selective Trafhc Enforcmnent 20.600 PT20164 186,798 - Selective Traffic Enforcement 20.600 PT21066 24,800 - Selective Traffic Enforcement 20.600 PT21189 308,590 - Public Education on Bicycle Safety 20.600 PS20034 72,386 Subtotal State and Community Highway Safety Cluster 592.574 Total U.S. Department of Transportation 4,900.025 (Continued) See accompanying Notes to the Schedules of Expenditures of Federal and State Awards. City Council 14 — 11 7/19/2022 7 CITY OF SANTA ANA, CALIFORNIA Schedule of Expenditures of Federal Awards For the Fiscal Year Ended June 30, 2021 (Continued) Federal Federal Grantor / Assistance Pass -Through Passed Pass -Through Grantor / Listing Entity Identifying Federal Through to Program / Cluster Title Number Number Expenditures Subrecipients U.S. Department of Justice Direct Programs: Equitable Sharing Program (Asset Forfeiture) 16.922 N/A $ 498,666 S - Public SafetyPartnership and Community Policing Grouts 16.710 N/A Body Worn Camera Policy and Implementation 16.835 COVID-19- Corounvirus Emergency Supptemeutal Funding 16.034 Pacged through County of Orange Sheriffs Deparuaent Edward Byrne Memorial Justice Assistance Grant Program: Byrne Justice Assistance Grant 2017 t6.738 Byrne Justice Assistance Grant 2018 16.73 S Hyme Justice Assistance Grant 2019 16.738 Byrne Justice Assistance Grant2020 t6.738 Subtotal Edward Byrne Memorial .hutice Assistance Grant Ptngram N/A N/A 2017-DJ-BX-0990 2018-DJ-BX-0820 2019-DJ-BX-0899 2020-DJ-BX-0773 99,372 28,598 23,383 9,017 40,356 107,633 7,022 164.028 Passed through Human Options: Culturally and Linguistically Speei tic Services Program t6MI6 2016-WRAX-0054 104,206 Total U.S. Department of Justice 918.253 U.S. Department of Homeland Security Homeland Security Grant Program: Passed through CA Office of Emergency Services: Urbau Area Security Initiative 2017 97.067 2017-00083 059-95010 291,455 293,619 Urban Area Security lnitiative 2019 97.067 2019-0035059-95010 819,858 9,829 Passed through City of Anahcim: Urban Area Security Initiative 2018 97.067 2018-0054 512,934 Subtotal Homeland Security Grant Program 1.624.247 303,448 Total U.S. Department of Homeland Secuity 1,624247 303,448 U.S. Department of Health and Human Services Passcd through County of orange Social SCrvice9 Agoney: Temporary Assistance for Needy Families 93.558 WGM0319 552,607 U.S. Department of Treasury Direct Programs: Equitable Sharing Program (Asset Forfeiture) 2L016 N/A 179,995 COVID-19- Emergency Rental Assistance Program 21.023 N/A 3,375,042 3,304,652 COVID-19 - Comuavirus State & Local Fiscal Recovery (ARPA) 21.027 N/A 265,000 (Cautioned) Sec accompanying Notes to the Schedules of Expend lures of Federal and Slate Awards City Council 7/19/2022 14 — 12 s CITY OF SANTA ANA, CALIFORNIA Schedule of Expenditures of Federal Awards For the Fiscal Year Ended June 30, 2021 (Continued) Federal Federal Grantor / Assistance Pass -Through Passed Pass -Through Grantor / Listing Entity Identifying Federal Through to Program / Cluster Title Number Number Expenditures Subrecipients Coronavims Relief Fund: Passed through CA Dcpamncnt of Finance COVID-19- Coronavirus Relief Fund 2t.019 N/A $ 28,456,555 S 1,576,258 Passed through County of Orange: COVID-19- Coronavirus Rclicr Fund 21.019 N/A 3,393,353 Subtotal Coronavirus Relief Fund 31.849908 1,576,258 Total U.S. Department of Treasury 35,669.945 4,880,910 Total Expenditures of Federal Awards $ 105,608.441 S 13,495,670 See accompanying Notes to the Schedules ofExpenditures of Federal and State Awards. City Council 14 — 13 7/19/2022 9 CITY OF SANTA ANA, CALIFORNIA Schedule of Expenditures of State Awards For the Fiscal Year Ended June 30, 2021 Program State Identification Awards Grantor / Program Title Number Expenditures CA Business Consumer Services and Housing Agency Homeless Emergency Aid Program I9-HEAP-00007 $ 2,266,783 Homeless Housing As'sis'tance.& Prevention COVID-IS 20-HCFC-00019 1,158,916 Homeless Housing Assistance & Prevention 20-HHAP-00019 2,144,077 5,569,776 CA Department of Education RSCCD - Strong Workforce Program DO-18-2226-01 8,955 CA Department of Housing and Community Development Affordable Housing Sustainable Communities Prograir 16-AHSC-11200 1,150,649 S132 Planning Grants Program 19-PGP-13895 56,300 Local Early Action Planning Program 20-LEAP-15676 28,633 1,235,582 CA Department of Justice Sexual Assault Evidence Grant 2019-2020-02 19,836 CA Department of Motor Vehicles SCAQMD Mobile Source Air Pollution Reduction 2015 MSRC ML14012 24,717 CA Department of Resources Recycling and Recovery Oil Pavinent Progiam OPP6, OPP8, OPP10 12,325 Reverage Container Payment Program TV 13/14, 16/17, 17/18, 18/19 91,353 103,678 CA Department of Transportation Active Transportation Program ATPL-5063T70) 2,505,200 Active Transportation Program ATPL-5063(172) 987,814 Active Transportation Program ATPL-5063(177) 16,877 Active Transportation Program ATTL-5063(178) 2,076,310 Active Transportation Program ATPLNI-5063(185) 14,524 Active Transportation Program- SB I Augmentatior ATPSBIL-5063(191) 215,704 Active Transportation Program- SB 1 Auganentatior ATPSBIL-5063(193) 679,593 Active Transportation Program- SB 1 Auganentatior ATPSBIL-5063(195) 146,832 Active Transportation Program -SB1 Augmentation ATPSBIL-5063(196) 209,598 Active Transportation Program- SB 1 Augmentation ATPSBIL-5063(197) 410,950 Active Transportation Program- SB 1 Augmentatlor ATPSBIL-5063(198) 34,685 Active Transportation Program- SB 1 Augmentatlor ATPSBIL-5063(199) 27,388 Southern California Association of Government Gran 275-4823U3.01/4823E.01 14,800 7,340,275 CA Natural Resources Agency Urban Greening Grant Program. -Proposition 84 U59151-0 2,346 Statewide Park Development& Community Re, italizatior C9801014 t4,023 Advanced Metering Infrastructure GF1806-0 1,272,188 1,288,557 CA State Coastal Conservancy Santa Ana River Conservancy Program 19-098 504,180 CA State Library Mobile Library Solutions Grary SVBT-026 67,647 CA Workforce Development Board Prison to Employment Program M0113404 527,078 Prison to Employment Program M0113521 508,505 1,035,583 Total Expenditures of State Awards $ 17,198,786 City Council 14 - 14 7/19/2022 10 CITY OF SANTA ANA, CALIFORNIA NOTES TO THE SCHEDULES OF EXPENDITURES OF FEDERAL AND STATE AWARDS FOR THE YEAR ENDED JUNE 30, 2021 1. BASIS OF PRESENTATION The accompanying Schedules of Expenditures of Federal and State Awards (the Schedules) include the federal and state award activities of the City of Santa Ana, California (the City), under programs of the federal government and the State of California, as well as federal and state financial assistance passed through other government agencies for the year ended June 30, 2021. The information in the Schedule of Expenditures of Federal Awards (SEFA) is presented in accordance with the requirements of Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the Schedules present only a selected portion of the operations of the City, they are not intended to, and do not, present the financial statements of the City. The City's reporting entity is defined in Note 1 of the notes to the City's financial statements. 2. BASIS OF ACCOUNTING The accompanying Schedules are presented using the modified accrual basis of accounting for governmental funds and the accrual basis for proprietary funds, which is described in the Note 1 of the notes to the City's financial statements. Such expenditures are recognized following the cost principles contained in the Uniform Guidance for all awards with the exception of Federal assistance listing number 21.019, which follows criteria determined by the Department of Treasury for allowability of costs. Under these principles, certain types of expenditures are not allowable or are limited as to reimbursement. The information in the SEFA is presented in accordance with the requirements of the Uniform Guidance. Therefore, some amounts presented in the SEFA may differ from amounts presented in, or used in the preparation of, the basic financial statements. Pass -through entity identifying numbers are identified where available. 3. INDIRECT COST RATE The City has elected not to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance. City Council 11 14 — 15 7/19/2022 CITY OF SA_NIA ANA, CALIFORNIA Housing Authority of the CRN of Santa Ana Financial Data Schedule of Assets, Liabilities, and Equity June 30, 2021 Line Hem No. AfCOunt Description Fa..ih SW Sufficiency pi.,ii i lla.sing Choice \... here 1lvinsiream Vouchers Housing Choice Vouchers CARESACT Nairlstream N..vhers CARESACT F."g.... housing N'..cher ARP A Total A.aet. Curtrnt A ... te: III Cash- U.rcxGoaa+l $ - fi 1944.18E 113,896 $ 42S $ - $ 35.600 S 2,094,111 ill Cash-OdlaR,,,tt d - 564.225 I17,679 - 4,852 15350 842.506 ill (bah - Rcavict,d for Paymrnt oICulront Dab,ht... 199075 368 669 IA9,112 100 To1AICazh 2696488 231,943 1.097 4,811 191350 3,1225,730 R...... hl,, 122 Aceoaa, Receivable -HUD Other P,eob - 161,600 - - - - 161,669 125 Acc..ns Re cc hablc-Mucclluuc.os - - - - - - I1F Fmud Rccov,y - 11976 - - - - 13,976 128.1 Allononve for Doubirul Auoaais-Fmud - (5,031) - - - - (5,031) 129 All.,, Luvr7tRxcivnblc 110 TotalRcccivablca,Ndo(A11-aa... fa' Doubtful 1ccaunu 172605 170,605 142 Prepaid Fxpenees ild Other Axels 20,613 20,683 150 Tool Current Asses 2887,776 231,943 1,097 4,85'_ 191350 3,31',013 Noncuti7rt Aas.w: Fixed A,,,K 164 Fm'td. ,Lcttp.u,&Machiuny-Ad.wds.atio. - - - - - - - INi AccunwlatedD rt ctatioa 160 TOIal FInal Assels. Nei ol'A,,o tlsi.4➢epreG:M1ion - - - - - - - 134 ONnAsmte I90 TOwI NnnCum-nt AxaGx 290 TOW A ssets And Defy rcd Ow nmva o r Resowcu 2,8S7.776 231,943 S 1,097 $ 4,851 191,30 } 3,317,018 I is M1ilitiec ant) FnniK LiobiHdc: 312 Aoeounls Pavablc-HLDPH1 R'Op'eme -90 de)s R' - S 925D9 $ 36S $ 659 $ - $ - S 93,546 _ Acaruad Compe.uatedAb---Ca-laP.r6on - 25F71 - - - - 25,871 331 Aw..nn Payable -IRA) P11Alt.1. na - - - - - - - 342 Dcfcrmd Rcvc.ucs - E945 - 42N 4,552 155, 750 169,975 345 Other Current Liab1116e. - 198071 - - - - 188,075 346 Acc.l dL'AiliHc -Chhot 310 Total Current Liabilities 315400 3fiE 1,097 4,552 155.750 477,467 N..cuttc.t Llabi tic, 353 Noac=lt Liabilities -Other - 564225 - 561,235 354 Ammad Compemaled Abaencea-NoaCurrcnt 77.613 7A613 "T roml Nnanric.t Liabilities 641.638 641.838 300 Total L'mbilitics 95233N 368 IA97 4.852 155950 I,I19305 L,,i : 509.3 Reetl9cmd Fund Baloacc - - 117,610 - - - 117,6A0 511.3 Als,icd Fund Balanec 1.93053E 113,895 35600 2,080,033 513 1Otal H9.ity- Net Assets POshio.. 1.932.53E 231,575 35.600 2197,713 600 l otal Liabilities. Def xcdl.flowsofRcso.tuamtd1-,t,- Na,lvecoJl`olitioa $ $ 2.887.]76 $ 231,943 8 I or $ 4,852 $ 191.350 S A 117,013 City Council 12 14 - 16 7/19/2022 CITY OF SA_NIA ANA. CALIFORNIA Housing Authority of the CRN of Santa Ana Financial Data Schedule of Revenues, Expenses, and Changes in Equity For the Fiscal Year Ended June 30, 2021 1'amit, Sell Iluusing Choice Alaiwtream Emergem" Line Item Snniei'te, loom, Choice Mainstream vouchers {bothers Housing No. Acummi Descriptim Program Vn,here Vouchers Cents ACT CARESWT Voucher A11PA TOtaI 70600 Rea'rm,e HOD PHA Opemung(hums $ 168.741 $ 39.OR6.743 $ 1.733990 5 23S7,745 $ 15,716 $ 35600 S 43,428,535 71100 Imchncnr lncomc- ul"mided -AllMID - 149 20 - - - 369 71400 Fra Lid Rcco.cry - 1293N - - - - 12,738 71500 Lifer Rev enne - 55,336 - - - - 55,336 71060 Imovhncnt lncontc- Rntricmd- ILV 70060 TOu11 Revenue 163,741 39155.166 1.714.010 2387.745 1S]16 35-600 43,496,978 F*ne^xg AdelnOU,Ua,. 11100 Admnneln,vc Salaricx - 199083 4359 662,253 9,619 - 1,065,314 91260 A,uli,i rig Fees - 18247 222 13 - - 19,482 91400 Advwnishn, and 1ILUIcti, - 2.466 - 7,980 - - 10.446 91500 E,,1,,, HCOclrt Cbalrlhaums- Adminlsunn, - 215913 1956 356,026 4,611 - 579,506 91600 Libel Opemhng-AdmlolstmGw 4,581 459.695 369 168,552 614 - 633,811 91800 Intl 1'roiningfi Iln "amnion - - - - - - - 9110 Alle,.t dO.all, l - 35163 312 54,346 795 - 91/115 91900 Omer 1,31' 10,875 13,209 91000 IULI0p.ntin6- Adminismnacc lixpa,ay 4,531 1.124.291 1,218 1,260,045 15,639 2,41L774 Tenan15en�ites: 1,2100 lenw,t Sc,viw-Salarin 89,636 - - - - - 84636 9230n Employe Henc19, COnlrl,u,lm,x-T-eauSeTviwt 74,124 74524 92500 I'nml lcpmn Scsiw 164J60 164160 cc.ernl Lnpa�o: 961411 AllOth-Inx-- - - - - - - - 'J6'_Od Ome, Fxpenses - 696.1_71 - - 77 - 696,348 96210 Cam,luaud Ab,r„ux 96000 Total Op9mting-(,cI lEaponscs 196271 77 696348 96900 Toml Operating Fp-- 168.741 1_920162 7'''18 1160,041 15,716 e7000 ExcosvOpaating R,, cil ova0pomting Expcnscs - 323346,04 1,720,792 1J27.700 - 35,600 40,224,696 e7300 Housing Asnnlnoc PaTmonls - 32313D22 1129,402 1J27,700 - - 39,969,124 97350 IIA PmtablWyln 26981 26.981 90000 Total P.xpeosa, 16l 39160.565 1.531.6'0 233Z,41 11,716 43,268,387 10093 Trni4l bctwcIn Program3 Pi nlcet-1n - - - - - - - 10094 Tmnsbrs between Pmga,m,@ Pm ,10ltl Execxs(Dcficicney) or Opaming Rcvcnu,, 0,,, L,nd ) I0000 Hepenses $ $ (5399) $ 198,3911 5 $ $ 35.W0 5 228,591 Nrnmo Amount Information: 11030 aeglnning Fluilr - 1935,937 33,195 - - - 1,969,12 11040 Prior period ALI ID mell a and Fyu1,7Trnnsrero - - - - - - - IIV0 Changes in cumpeosated Absence Hxluou - - - - _ _ 11200 Oo it Mull ms Avai hbb - 32388 2,064 - - - 34,45'_ 11210 Num br ul' T.o,l Moons T_uscd. - 31,673 1,09' - - - 3'_.768 11170 Adel Illisuatl ve Fce Fp,ity - 1930.538 113,895 - - 35.600 2,980,033 IIIRO Hpluing Assintm,e P-nenls F,U, 1, 111,690 II'689 Line 11170 & 11180 - 1930,iM 231,575 - - 35,600 5 2,197,713 Lm, Ill lX&J',8 23L515 35600 City Council 13 14 - 17 7/19/2022 CITY OF SANTAANA, CALIFORNIA SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE YEAR ENDED JUNE 30, 2021 Section I — Summary of Auditors' Results Financial Statements 1. Type of auditors' report issued: 2. Internal control over financial reporting: • Material weakness(es) identified? • Significant deficiency(ies) identified? 3. Noncompliance material to financial statements noted? Federal Awards 1. Internal control over major federal programs: • Material weakness(es) identified? • Significant deficiency(ies) identified? 2. Type of auditors' report issued on compliance for major federal programs: 3. Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? Identification of Major Federal Programs Assistance Listings Number(s) 14.231 17.258, 17.278, 17.259 21.019 21.023 Dollar threshold used to distinguish between Type A and Type B programs: Auditee qualified as low -risk auditee? Unmodified yes yes yes yes yes Unmodified x yes x no x none reported x no x no x none reported no Name of Federal Program or Cluster Emergency Solutions Grant Program WIOA Cluster Coronavirus Relief Fund Emergency Rental Assistance Program $ 3,000,000 x yes no City Council 14 — 18 7/19/2022 14 CITY OF SANTA ANA, CALIFORNIA SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021 Section II — Financial Statement Findinas Our audit did not disclose any matters required to be reported in accordance with Government Auditing Standards. Section 111 — Findings and Questioned Costs — Major Federal Programs 2021-001 Federal agency: U.S. Department of Labor (DOL) Federal program title: WIOA Youth Activities Federal Assistance Listing Number: 17.259 Award Period: April 10, 2020 through March 31, 2022 Type of Finding: • Other Matter Criteria or specific requirement: In accordance with (Section 129(c)(4)), WIOA, 128 Stat. 1510), Not less than 20 percent of Youth Activity funds allocated to the local area, except for the local area expenditures for administration, must be used to provide paid and unpaid work experiences. Condition: Total WIOA Youth Activities expenditures used to provide paid and unpaid work experiences was less than 20% of total WIOA Youth Activities expenditures less administrative expenditures. Questioned costs: None Context: As of June 30, 2021, approximately only 17% of WIOA Youth Activities expenditures had been expended to provide paid and unpaid work experiences. Cause: Due to COVID-19 restrictions, planned work experience opportunities could not be completed. Effect: The City's expended less than the amount required to meet earmarking requirements for the WIOA Youth Activities grant. City Council 15 14 — 19 7/19/2022 CITY OF SANTA ANA, CALIFORNIA SCHEDULE OF FINDINGS AND QUESTIONED COSTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021 2021-001 (Continued) Recommendation: We recommend the City adjust budgeted expenditure levels of nonwork experience WIOA Youth Activities expenditures whenever conditions exist where they do not expect to expend up to budgeted work experience amounts. Views of responsible officials and planned corrective actions: Due to the varying COVID-19 pandemic restrictions and limitations, the program was not able to meet the 20% minimum funding for paid and unpaid work experiences. Worksites were either closed or not accepting remote work for youth. This has continued to be a challenge for the program year 2021-22. In order to prevent future findings, program staff are restructuring subrecipient agreements to include increasing the percentage of expenditure for work experience to be greater than 20% and to encourage meeting enrollment goals in the beginning of Q2 so that the youth can begin their work experience earlier in the contract year. These changes in the subrecipient agreements will also include corrective action plans for subrecipients that do not meet minimum requirements set forth by the City. Program staff will monitor these metrics once they are in place in order to ensure compliance with programmatic requirements. City Council 16 14 — 20 7/19/2022 CITY OF SANTA ANA, CALIFORNIA SUMMARY SCHEDULE OF PRIOR -YEAR AUDIT FINDINGS FOR THE YEAR ENDED JUNE 30, 2021 Section I — Financial Statement Findinas None noted. Section 11 — Findings and Questioned Costs — Major Federal Programs None noted. City Council 17 14 — 21 7/19/2022 Investment adv - A member of advisor. CLA is aOjtypC6E�;jnn}y-nber of Nexia International, a leading, global nety44 ct i2<2pendent accounting and 7/19/2&W Nexia consulting firms. See nexia com/member-firm-disclaimer for details_ COftonLzrsonAllen LLP International Information Technology www.santa-ana.org/departments/information-technology/ Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile Devices & Related Equipment AGENDA TITLE: Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile Devices & Related Equipment in an Annual Aggregate Amount Not to Exceed $1,200,000 (Specification No. 18-074) RECOMMENDED ACTION Amend the contracts 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 remaining optional one-year renewal, if exercised, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location 2nd Gear, LLC Costa Mesa, CA Dell Computer Corp. Austin, TX DISCUSSION On November 20, 2018, at the conclusion of a competitive bidding process, the City entered into one-year aggregate agreements with 2nd Gear, LLC and Dell Computer Corp. (Dell), with provisions for four one-year renewal options. The purpose of these agreements was to provide Dell desktop computers, laptops, mobile tablets, and related equipment to the City. These original contracts were awarded in an annual aggregate amount not to exceed $400,000 and the first renewal option has been exercised. On May 5, 2020, the City Council approved an amendment to increase the annual amount of the blanket orders contract by $200,000 to an annual amount of $600,000 in order to accommodate planned upgrades and additional orders due to COVID-19 needs. City Council 15 — 1 7/19/2022 Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile Devices & Related Equipment July 19, 2022 Page 2 On August 18, 2020, the City Council approved a second amendment to increase the annual amount of the blanket orders contract by $600,000 to an annual amount of $1,200,000 for two (2) of the four (4) remaining years in order to accommodate the additional demand for computing equipment. However, the annual remained at the $600,000 for last two optional years remaining in the agreement. However, the demand to purchase new technology to support a variety of initiatives, including ARPA purchases, has caused this year's not -to -exceed amount to be reached much faster than anticipated. To meet this increased demand and still allow for new technology purchases, staff requests an increase to the not -to -exceed amount for the current contract year as well as for the one remaining year's optional renewal. Dell computers have been the standard for desktop and laptop computers for the City since 2007 when they were selected after comparing their offerings to other competitors. Standardizing equipment provides the benefits for next -generation office environments while simplifying technical support issues, so it is essential to maintain staff computer equipment. Computers, laptops, and mobile devices are purchased and deployed on an as -needed basis by the Information Technology Department, preventing a proliferation of aging, obsolete, out -of -warranty, unsupported, and incompatible systems. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi -State Cooperative Agreements for Commodities, IT Goods and Services, and Telecommunication Goods and Services. WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of goods and services. Dell is a manufacturer that offers WSCA pricing. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the duration of the contract period will be included in the Miscellaneous Operating Expense account (no. 63001) of various departments. Not -to -exceed amounts for each remaining year of the blanket agreements would be as follows: A reement Term I Not -To -Exceed Amount November 2021 — November 2022 $1,200,000 November 2022 — November 2023 (Optional) $1,200,000 Submitted By: Jack Ciulla, Chief Technology Innovations Officer City Council 15 — 2 7/19/2022 Amend the Blanket Order Contract Award for Desktop Computers, Laptops, Mobile Devices & Related Equipment July 19, 2022 Page 3 Approved By: Kristine Ridge, City Manager City Council 15 — 3 7/19/2022 Police Department www.santa-ana.org/departments/police/ Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Award Purchase Order for Security Cameras and Accessories AGENDA TITLE: Award Purchase Orderto Sandoval Custom Creations Incorporated for Security Cameras and Accessories in the Amount of $137,473 (Specification No. 22-038) (Cannabis Enforcement Fund) RECOMMENDED ACTION Authorize a one-time purchase of security cameras and accessories from Sandoval Custom Creations Incorporated in the amount of $137,473, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City Attorney's Office, Code Enforcement, Public Works, and Law Enforcement personnel each play a vital role when addressing community and City Council complaints regarding City codes and ordinances violations. Oftentimes, these violations involve public nuisances and activities that are detrimental to the health and safety of the community. The use of these security cameras will enable city personnel to monitor the alleged community complaints regarding illegal cannabis activity, illicit massage parlors, graffiti, street racing, narcotic houses, illegal dumping of trash, and other chronic public nuisances locations. Having the ability to accurately see the alleged activity with the security cameras allows the City to properly address the violations through potential criminal enforcement and through highly effective civil abatement proceedings. This purchase is for 20 cameras and accessories, which will ensure that all departments will be able to address the specific issues, and the Police Department already has the necessary training to install the equipment. These cameras are specifically designed so they can be installed and removed from various locations as part of any on -going investigation. An Invitation for Bid (IFB) was advertised on March 2, 2022 on the City's online bid and management publication system. A summary of the bid invitation and bids received is as follows: City Council 16 — 1 7/19/2022 Award Purchase Order for Security Cameras and Accessories July 19, 2022 Page 2 244 Vendors notified 7 Santa Ana vendors notified 52 Vendors downloaded the bid packet 1 Bid received 0 Bids received from Santa Ana vendors The bid was received and opened on March 15, 2022, and the bid submitted by Sandoval Custom Creations Incorporated located in Palmer Lake, Colorado was determined to be responsive and meets the City's requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $137,473 are available for expenditure in the current fiscal year as follows: Fiscal Year Accounting Unit Fund DescriptionAccounting Unit, Amount _ Account # Account Description Cannabis Public Police Enforcement FY 22-23 01214010-63001 Benefit Fund Services, Miscellaneous $137,473 Operating Expenses These funds are available through "Cannabis Enforcement Funding" SAMC Chapter 13- 202, "Enforcement Services any and all services provided by City staff for the prevention, detection, investigation and violations of the City's codes and ordinances intended to prevent public nuisances or activities that are detrimental to the health, safety and welfare of the community." EXHIBIT(S) 1. Article XX. Cannabis Public Benefit Fund Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 16 — 2 7/19/2022 EXHIBIT 1 PART II -THE CODE Chapter 13 - FUNDS ARTICLE XX. CANNABIS PUBLIC BENEFIT FUND ARTICLE XX. CANNABIS PUBLIC BENEFIT FUND Sec. 13-200. Establishment of the fund. There is hereby established within the City of Santa Ana the "Cannabis Public Benefit Fund," which shall be two sub -funds, one for Enforcement Services and one for Youth Services, within the City's General Fund (the "Cannabis Fund"). (Ord. No. NS-2959, § 1, 12-4-18) Sec. 13-201. Purpose. The Cannabis Fund shall be used to fund new or additional Youth Services, as of the date of the fund creation, for City of Santa Ana residents. The Cannabis Fund shall not be used to supplement existing Youth Services. The Cannabis Fund shall also be used to fund community enforcement and code enforcement. (Ord. No. NS-2959 , § 1, 12-4-18) Sec. 13-202. Definitions. For the purposes of this Article, the following words and phrases shall be construed as having the following definitions: Adult Use shall have the same meaning as that set forth in Santa Ana Municipal Code ("SAMC") section 40-2(2) as may be periodically amended. At the time of adoption of this Article, meaning cannabis or cannabis products that are intended to be used for non -medicinal purposes by a person twenty-one (21) years of age or older. Commercial Cannabis Activity shall have the same meaning as that set forth in SAMC section 40-2(9) as may be periodically amended. At the time of adoption of this Article, meaning the cultivation, possession, manufacture, distribution, processing, storing, laboratory, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products as provided for in this Chapter [Chapter 40]. Permitted commercial cannabis activities are listed in Land Use Table 40-5 of this Chapter [Chapter 40]. Enforcement Services any and all services provided by City staff for the prevention, detection, investigation and violations of the City's codes and ordinances intended to prevent public nuisances or activities that are detrimental to the health, safety and welfare of the community. Santa Ana, California, Code of Ordinances Created: 2021-07-14 19 a9:33 [EST] (Supp. No. 2S) City Council Page I of 316 — 3 7/19/2022 Medicinal/Medical Cannabis shall have the same meaning as that set forth in SAMC section 40-2(27) as may be periodically amended. At the time of adoption of this Article, meaning cannabis or a product containing cannabis, including, but not limited to, concentrates, and extractions, intended to be sold for use by medicinal cannabis patients in California pursuant to the Compassionate Use Act of 1996, found at Section 11362.5 of the California Health and Safety Code. Medical cannabis retail is regulated by Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. Operating Agreement shall have the same meaning as that set forth in SAMC section 40-1C as may be periodically amended. At the time of adoption of this Article, meaning a legally binding written agreement between each commercial cannabis business operator and the City, executed by the City Manager, or his or her designee, and in a form or substance satisfactory to the Executive Director of Planning and Building and the City Attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied. A distinct Commercial Cannabis Operating Agreement shall be required for each location and type of commercial cannabis business activity taking place at an approved Commercial Cannabis Business. Youth Services means any and all services provided to residents of the City under the age of 24 for athletic, recreational, health, educational, or human services, directly by City staff or through partnerships with third parties. This may include City facility improvements, maintenance and equipment needs related to youth services. (Ord. No. NS-2959 , § 1, 12-4-18) Sec. 13-203. Cannabis revenue funding. A. Automatic Deposit of Cannabis Tax Revenues into the Cannabis Fund. The Cannabis Fund shall be funded by an automatic deposit of one-third (A) of all cannabis tax revenues generated each year for Enforcement Services and one-third (%3) of all cannabis tax revenues generated each year for Youth Services, commencing with the Fiscal Year Budget for 2018-20 and continuing thereafter in the budget for each Fiscal Year, from all of the following: 1) Operating Agreements for Commercial Cannabis businesses and 2) Any newly adopted Cannabis Business License Tax. For purposes of this subsection, in addition to the descriptions provided directly above in this paragraph, the phrase "cannabis tax revenues" means all revenues generated from any new or increased cannabis tax which has been approved by the voters of the City on or after the effective date of this Chapter and any increase of the cannabis tax authorized by the Santa Ana Municipal Code and approved by the City Council. Tax revenue from Medicinal/Medical Cannabis shall not go into the Cannabis Fund. Funds in these sub -funds shall be carried over from year-to-year. B. Discretionary Deposits into Cannabis Fund Not Prohibited. Nothing in this Chapter shall prohibit the City Council, as part of the budgeting process, from contributing additional Created: 2021-07-14 10:10:33 [EST] (Supp. No. 2S) City Council Page 2 of 316 — 4 7/19/2022 revenues to the Cannabis Fund, as determined in the City Council's sound legislative discretion. C. Expenditures from the Cannabis Fund. Funds in the Cannabis Fund shall be restricted to 1) Youth Services: expenditures for new, additional or enhanced, as of the date the Cannabis Fund is created, Youth Services for City of Santa Ana residents and 2) Enforcement Services: expenditures for Enforcement Services. (Ord. No. NS-2959, § 1, 12-4-18) Sec. 13-204. Presentation to city council. At least two times per year the City Manager shall make a presentation to the City Council and report on the revenue that has been deposited in the Cannabis Fund and expenditures from the Cannabis Fund. (Ord. No. NS-2959, § 1, 12-4-18) Sec. 13-205. Procedure for amending, suspending or rescinding ordinance. This ordinance may only be amended, suspended or rescinded by an affirmative vote of at least two-thirds of the City Council after making findings that a structural deficit exists in the same manner as required to access the Economic Uncertainty Account as set forth in the City's Budget and Financial Policy. (Ord. No. NS-2959 , § 1, 12-4-18) Created: 2021-07-14 10:10:33 [EST] (Supp. No. 2S) City Council Page 3 of 316 — 5 7/19/2022 Finance & Management Services www.santa-ana.org/finance Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Amendment to the Online Marketplace Purchase of Goods Contract AGENDA TITLE: Approve an Amendment to the Amazon Capital Services, Inc. Contract for the Purchase of Online Marketplace Goods for an Annual Amount Not to Exceed $400,000 per Year, for a Two -Year Term (Specification No. 19-028) (General and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to increase the blanket order contract with Amazon Capital Services, Inc. for an additional $300,000 per year for the period beginning July 20, 2022 and expiring June 30, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On May 21, 2019, The Santa Ana City Council awarded a contract to Amazon Capital Services, Inc. for the purchases of online marketplace goods. The awarded amount was not to exceed an annual amount of $100,000 per year. Since the enactment of the contract, multiple City agencies regularly mention that Amazon can easily provide one-off items consistently at a cost effective rate. Furthermore, Amazon's Business Prime online ordering system provides tracking and payment information for the requesting agency and spend analysis reports for buyers. Over the past three years, the utilization of the Amazon ordering system has significantly reduced non -Public Works related services and goods, and has created efficiencies within departments to secure their orders at a much quicker pace. Currently, there are over 20,000 vendors located within Orange County selling on Amazon with 840 of them in Santa Ana. Amazon has also created a campaign to highlight Santa Ana vendors as a first choice option, then Orange County vendors as a second choice, followed by various sellers while departments search for their items. Additionally, with the implementation of the City's Amazon Business Prime account in 2019, orders have steadily increased due to the vast assortment of one-off items that Amazon routinely provides. Therefore, staff recommends amending the contract to increase the contract amount by $300,000 per year. City Council 17 — 1 7/19/2022 Amendment to the Online Marketplace Purchase of Goods Contract July 19, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the duration of the contract period, an amount not to exceed $400,000 annually, will be budgeted in various departmental Miscellaneous Operating Expense account (no.63001). Submitted By: Kathryn Downs, Finance and Management Services Executive Director Approved By: Kristine Ridge, City Manager City Council 17 — 2 7/19/2022 Public Works Agency www.santa-ana.org/pw Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Santa Anita Park Synthetic Turf Replacement AGENDA TITLE Award a Purchase Order to FieldTurf USA, in the Amount of $568,598, for Synthetic Turf Installation, with Turf Maintenance for Eight Years at Santa Anita Park (Project 19-7527) (Non -General Fund) RECOMMENDED ACTION Authorize a purchase order to FieldTurf USA, in the amount of $568,598, to furnish and install a synthetic turf field at Santa Anita Park, and maintain it for eight years beginning upon completion of the turf installation, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The existing sports field at Santa Anita Park (Exhibit 1) is a grass field. To maintain the integrity of the field, the Parks, Recreation and Community Services Agency (PRCSA) must regulate its use. With the lack of sports fields in the city, the installation of sturdy synthetic turf will help increase the amount of play on the field and enable PRCSA to maximizing its availability to the community. The project involves preparing the field, installation of the turf, training for the upkeep of the field, and access to maintenance equipment. Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance) is a public agency that serves as a national municipal contracting agency to provide competitive procuring services to participating agencies. Sourcewell awarded a contract to FieldTurf USA (Sourcewell Contract #060518-FTU) as a result of open competitive bidding on behalf of its members, which includes government agencies (Exhibit 2). The awarded contract is valid through August 7, 2022, and is in accordance with the City's existing purchasing guidelines. In accordance with the City's existing purchasing guidelines, staff recommends awarding a purchase order contract to FieldTurf USA for the installation and maintenance of synthetic turf at Santa Anita Park (Exhibit 3). Through this purchase order agreement the City also has the option to purchase maintenance equipment as needed. City Council 18 — 1 7/19/2022 Field Turf Synthetic Turf Purchase Order July 19, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The proposed cost of the project is $568,598, which includes the purchase and installation of new synthetic turf, painting all sports lines, and an eight -year maintenance period. Project Item Total FieldTurf Synthetic Turf Replacement $568,598 FieldCare Maintenance Program included TOTAL PROJECT DELIVERY COST $568,598 Funds associated with the project were originally appropriated in Fiscal Year 2021-22. However, due to the fact that the award of the purchase order has crossed into a new fiscal year, a request to carryover funds in the account below will be submitted as part of the Citywide carryover process. The Citywide carryover request is typically presented to the City Council in September or October after year-end balances of the prior year are available. In order to avoid delaying the project until September/October, staff are moving forward with the project and will expend funds in the accounts identified below with the understanding that approval of the carryover request will occur at a future date. Cannabis Public Benefit Funds were reallocated from the Splash Pad Project in order to fund this project, therefore funds are budgeted and available as follows: Fiscal Accounting Unit Fund Accounting Unit - Y Year - Account No. Descrition p Account Amount Project No. No. Description 01213020-66220 Cannabis PRCSA Youth Services, 2022-23 Public Benefit Improvements Other $568,598.00 (21-2745) Fund Than Building EXHIBIT(S) 1. Location Map 2. FieldTurf Contract with Sourcewell 3. FieldTurf Proposal Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 18 — 2 7/19/2022 SANTA ANA Project No. 19-7527 PWA� Santa Anita Park New Synthetic Soccer Field & Pueu WORKS � Park Improvements AGENCY I EXHIBIT 2 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS. AND SOLUTIONS REQUEST Company Name: FIELDTURF USA, INC. Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Section/page Term, Condition, or Specification Exception NJPA ACCEPTS N/A N/A N/A N/A Proposer's Signature: LL , (_- Date: --5& z2X Not applicable. No exceptions. Sourcewell, formerly known as NJPA, received this document blank. 9HCP Initials July 31, 2018 Date City Council 18 — 4 7/19/2022 Contract Award RFP 1 #06051$ FORM D Formal Offering of Proposal (�3JPA 1 (To be completed only by the Proposer) ATHLETIC SURFACING WITH RELATED MATERIALS, SUPPLIES, INSTALLATION, AND SERVICES In compliance with the Request for Proposal (RFP) for�ATHLETIC SURFACING WITH RELATED MATERIALS, SUPPLIES, INSTALLATION, AND SERVICES, Oe undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: FIELDTURF USA, INC. Company Address: 7445 COTE-DE-LIESSE_ SUITE 200 City: MONTREAL CAGE Code/DUNS: 131862364 Contact Person: ERIC FISHER Authorized Signature: Date: State: OUEBEC Zip: H4T 1G2 Title: DIRECTOR OF SALES ERIC DALIERE (Name printed or typed) City Council 18 — 5 7/19/2022 DocuSlgn Envelope ID: B4CB32AGDB7F-4E62-A8EF-A66A80BF871A FORM E CONTRACT ACCEPTANCE AND AWARD e4O�1EpNMENTANOFO G Z Sourcewell A Pomnlly IUIM (Top portion of this form will be completed by Sourcewell if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) Sourcewell Contract #: 060518-FTU Proposer's full legal name: FieldTurf USA Inc. Based on Sourcewell's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained In your proposal and to meet all of the terms and conditions set forth in this RFP, in any amendments to this RFP, and In any exceptions that are accepted by Sourcewell. The effective date of the Contract will be August 7, 2018 and will expire on August 7, 2022 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the Sourcewell Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at Sourcewell's discretion. nmelaell Authorized Signatures: I s"ayf,, SOURCEWELL DIRECTOR OF OPE24TIONSAND NT/CPO SIGNATURE //''wI/h sr�trdAe SOURCEWELL EXECUTIVE DIRECTOR/CEO SIGNATURE Awarded on August 3, 2018 Vendor Authorized Signatures: Jeremy Schwartz (NAME PRINTED OR TYPED) Chad Coauette (NAME PRINTED OR TYPED) Sourcewell Contract # 060518-FTU The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Namee��, /�f 'u�r Authorized/SfanrSte1r.le V t(e SIGNATURE Executed on h q , 7 , 20J 6 III P76 ifl;(Thale �U-.!Q hill (NAME PRINTED OR TYPED) Sourcewell Contract # 060518-FTU �u5�wie�� City Council 0 - 6 7/19/2022 Form F. PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terns, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terns, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below[ City Council 18 — 7 7/19/2022 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company name: FIELDTURF USA INC. Address: 7445 COTE-DE-LIESSE ROAD, SUITE 200 City/State/Zip: MONTREAL, QUEBEC, CANADA, H4T 1G2 Telephone Number: 1-888-209-0065 E-mail Address: ERIC.DALIERE(n TARKETTSPORTS.COM Authorized Signature: t Authorized Name (printed): ERIC DALIERE Title: PRESIDENT Date: 5 / 2 % Zo 1 `i Notarized 7�. Carine Nagl # 210653 Subscribed and sworn to before me this Q�Z�11 day of 20 1 cc PQ-CN�NCE, Notary Public in and for the£bu"4of Mntry 2r---kAl_ —State of ft3EC My commission expires: Signature: City Council 18 — 8 7/19/2022 Form PYJPf� PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry - Specific Questions Proposer Name: FIELDTURF USA, INC Questionnaire completed by: ERIC FISHER Payment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? Response FieldTurf'a payment terms: net 30 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Owner by the Contractor and Certificates for Payment issued by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 6.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: ((N/A >> § 5.1.3 All Payments shall be in accordance with the provisions of Illinois Local Government Prompt Payment Act. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of «Five >> percent ( 0 >> %). Pending fmal determination of cost to the Owner of changes City Council 18 — 9 7/19/2022 in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A2011^-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ((Five » percent ( «5 » .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 ofA7A Document A201-2007 requires release ofapplicable retainage upon Substantial Completion of Work with consent ofsurety, ifany.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resultingfrom thepercentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) N/A » § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Contractor. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Contractor's final Certificate for Payment, or as follows: 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? Response PNC Bank partners exclusively with FieldTurf USA. Offering industry leading financial rates, accommodating any market and any project size. Please see: Exhibit AA: 2.1 FieldTurf PNC Financial Flyer City Council 18 — 10 7/19/2022 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members' purchase orders. Response • Client/ owner/ owner's representative makes contact with FieldTurf or Beynon Sports. • FieldTurf or Beynon Sports Representative (or authorized representative) sets up a site visit. • A FieldTurf/ Beynon Sports/ NJPA proposal is produced for review by the client/owner/owner's representative. • Proposal is reviewed and if changes or additions are needed, they are completed. • Once approved the client/ owner/ owner's representative sends FieldTurf a P.O. • A sales agreement, AIA contract or similar form of agreement is entered into (owner's choice if they want a contract at all or if they only want to issue a PO.) • Construction begins with progress payments throughout. • Construction is substantially complete and 100% of the contract price (including any retention) is acquired. • NJPA is remitted their fee for the project. • Project is closed. Outlined previously, Ross and Lesley bring more than five years of experience in billing and contracting, specific to the terms and conditions of each cooperative's means, methods and needs. They are proficient in dealing with the specific requirements of NJPA and adhere exactly to the reporting needs. They also have access to SysPro, MAS 90 and other advanced accounting systems with the ability to produce complex sales, accounting and operational reports, spreadsheets and other pertinent data. Any necessary specifics outlined in the terms and conditions of the Master Agreement regarding reporting would be satisfied above and beyond what is required. In addition, Ross and Lesley are backed by the efforts of Jennifer Hopper (Controller) and CFO Pedro Azevedo. FieldTurf USA, Inc.'s supplemental accounting team is well -versed in the day-to-day, monthly, quarterly and annual reporting requirements within the FieldTurf SmartBuy Cooperative Purchasing Division. FieldTurf has a strong record of over 4 years of submitting NJPA quarterly reports and remitting the admin fee to NJPA in a timely manner. As part of the Tarkett Group, FieldTurf USA, Inc. has the ability to produce a variety of reports including but not limited to: • Private client lists • Federal client lists • National Sales (annual) • Sales by Agency (co-op, city, state, school district, etc.) • Quarterly sales reports by region, state, product type, etc. • Annual Sales reports by region, state, product type, etc. • Outstanding billings City Council 18 — 11 7/19/2022 • Subcontractor reports and billings • Activity reports • Pipeline reports (upcoming project info) In summary, FieldTurf has the capability to produce necessary reports, as needed. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Response No, not applicable. Most owners use a PO and progress payment process to purchase turf and track systems. Warranty — only supply sample — see attached 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products, parts, and labor? Response Yes, for more information please see the following exhibits. Exhibit AB: 5.1 FieldTurf Sample Court Warranty 1 Year Exhibit AC: 5.2 FieldTurf Sample Full Depth Track Warranty 5 Year Exhibit AD: 5.3 FieldTurf Sample Maintenance Track Warranty 1 Year Exhibit AF: 5.4 FieldTurf Warranty Template Baseball 8 year Exhibit AF: 5.5 FieldTurf Warranty Template Baseball 5 year Exhibit AG: 5.6 FieldTurf Warranty Template 8 Year SAMPLE Exhibit AH 5.7 FieldTurf Warranty Template 5 Year SAMPLE Exhibit Al: 5.8 EasyField SAMPLE Warranty Exhibit AJ: FieldTurf CORE 10 Year Warranty STANDARD • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Response This varies. Please see the attached exhibits (AB: 5. 1, AC: 5.2, AD: 5.3, AE: 5.4, and AF: 5.5, AG: 5.6, AH 5.7, AI: 5.8, AJ: 5.9) referenced above. • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? City Council 18 — 12 7/19/2022 Response Yes. • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? Response No, there are not any geographic regions of the US that FieldTurf cannot provide a certified technician to perform warranty work. Please see our Customer Service Representative Region map below to see that the entire US is covered. Customer Service Regions no��a,. eaiai L 0 usa Mm n � lann LamaeCie � TBO ■ Tma Beed� � Tyler Li¢simons T,.,Qnsalves • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? Response City Council 18 — 13 7/19/2022 This varies, please see the attached exhibits Please see the attached exhibits (AB: 5.1, AC: 5.2, AD: 5.3, AE: 5.4, and AF: 5.5, AG: 5.6, AH 5.7, AI: 5.8, AJ: 5.9) referenced above. • What are your proposed exchange and return programs and policies? Response Not applicable, exchanges and returns are not available due to the nature of our business. Customer service will step in to evaluate the situation and determine a solution that is acceptable to the customer if there is a concern regarding their turf, track, court system. 6) Describe any service contract options for the items included in your proposal. Response FieldTurf FieldCare 1: I Yr. Contract — 2 Visits per Year (Continental US only, excludes Alaska and Hawaii). FieldCare is a national maintenance program geared towards making FieldTurf synthetic turf field systems perform at their optimal level for even longer. FieldTurf s FieldCare Maintenance Program will support years of consistent, high performance to your field and let you maximize your investment. Consult with your FieldCare Service Manager to find the FieldCare program that's right for you. (Additional charges may apply for alternate infill fields) FieldTurf PureCare: PureCare I year- (3 times a year) Field Assessment summary, infill depth measurements, select warranted seam and inlay repairs (not to exceed 8), perimeter debris cleaning, Cork infill replenishment (max I supersack of cork all500lbs per year across the 3 visits) if necessary for infill topdressing material, field infill decompaction (only if needed), field magnet sweeping for metal debris, surface temperature reading, static brush in multiple directions to redistribute infill, application of Anti -static spray during and after maintenance service (5 bottles her session). G-Max testing: one per year to be performed right after 2nd maintenance visit. Beynon: Beynon service contract options can be customized to fit each individual customers needs. Beynon Sports is committed to providing customers the highest level of workmanship and customer service. Beynon stands behind our products and the experience of working with Beynon Sports. It is our goal that each client that utilizes a sports surface or athletic surfacing component designed and manufactured by Beynon Sports be 100% satisfied. Any deficiencies in providing the highest level of service will be addressed immediately. Beynon Sports employees are committed to diligently executing each of our duties thoroughly and conscientiously. Our highly skilled professionals design, engineer, manage City Council 18 — 14 7/19/2022 and service each project, and we carefully ensure that our products meet your unique specifications from beginning to end. Pricing, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Response • Indoor/ Outdoor synthetic turf supply and installation. • Indoor/ Outdoor running track supply and installation. • Indoor/ Outdoor tennis court/ sport court/ synthetic flooring supply and installation. • Related site work preparation (on a per project basis) including but not limited to: asphalt, concrete, curbing„ football and track equipment, drainage, stone, grading, HDPE piping, demolition, removal/ disposal services, irrigation, subgrade prep., construction management, project management, layout, survey work, SWPP, milling, capping, turf/ track protection, geotextile fabric etc. • Professional Services (Engineering, project management, construction management etc.) See the price list for full list of products and detailed descriptions: Exhibit AG 8.1 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) Response FieldTurf s pricing model is line -item discount. Please see NJPA Primary Pricing Spreadsheet for pricing model, additional pricing information and pricing notes. FieldTurf acknowledges the NJPA Vendor Change & Price Form, see signed blank example. Please see: Exhibit AK: 8.1 NJPA Primary Pricing Exhibit AL: 8.2 NJPA Primary Pricing Notes For additional product information please refer back to the following exhibits: Exhibit B: 3.2 FieldTurf Product Specs Exhibit C 3.3 Beynon Product Specs City Council 18 — 15 7/19/2022 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. Response 9% off MSRP/ Public bid marketplace. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. X_ c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). ➢ Published pricing is consistent across all cooperative offers but includes a 9% discount off of typical MSRP/ Bid marketplace pricing for additional savings to NJPA customers. 11) Describe any quantity or volume discounts or rebate programs that you offer. Response If a client purchases both a Beynon running track and a FieldTurf field, FieldTurf/ Beynon Sports will discount the total and in certain circumstances and based on project size, may offer additional discounts. If a client purchases multiple fields, running tracks or tennis courts at once (on the same P.O.) FieldTurf will offer volume discounts that are substantial but vary based on total size location etc. Overall the nature of our business is not commodity base. Fixed discounts are not offered. Rather, varied discounts are and we pass on savings based on economies of scale. These savings can be substantial depending on the scope and total cost of the project. 12) Propose a method of facilitating "sourced' products or related services, which may be referred to as "open market' items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. Response All items that fall under the category of "open market' or "nonstandard options" will be priced according to RS Means. RS MEANS explanation: Construction Cost Estimating Tool RS MEANS: RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf City Council 18 — 16 7/19/2022 reserves the right to offer a discount or "adjustment down' to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. 1. RS MEANS is a division of Reed Business Information and is a construction cost estimating tool that has been in place for over 74 years. 2. RS MEANS provides current, regionally —customizable data that reflects cost information to the construction industry so contractors can provide accurate estimates and projections for their project costs. There are over 20 specialized cost data titles for various construction categories. 3. RS MEANS has become a data standard for government work in terms of pricing and is widely used by the construction industry as a whole. 4. RS MEANS pricing books are updated annually and have over 50,000 material and labor unit line items associated with various types of construction. The unit prices are adjusted for location using a "City Index." (otherwise known as a Coefficient) Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as a -layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. Response Not applicable. Product pricing is all inclusive if minimum purchase amount is met. Additional costs may apply for projects that are less than minimum purchase quantities provided in Pricing Notes. Pricing and warranty applies to turf fields that are 40,000sf or more. For projects less than 40,000 sf, owner, NJPA and FieldTurf can discuss a possible adjustment to pricing that all agree upon if necessary (RS MEANS can also be used). EasyTurf sq. foot pricing applies for a minimum purchase of 4000 sf. For projects that do not meet the minimum requirement, owner, NJPA and FieldTurf can discuss a possible adjustment to pricing that all agree upon. Pricing is for track projects over 3500 sy and applies to only standard black or red colors. Custom color track surfacing is available at an increased price per square yard. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. Response All product pricing is "all -in" and contains shipping (in continental US), delivery and associated installation costs. City Council 18 — 17 7/19/2022 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. Response Shipping and Freight to Canada, Hawaii, Alaska or other areas outside of the continental US is not included in standard Primary pricing and will be an additional cost based on site location. Additional shipping costs will be based on the cost to transport equipment and materials from the closest US port to the job site. Additional costs may also be added for crew transportation and accommodations to any site outside of the continental US. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. Response Not applicable, we utilize standard shipping and delivery methods. 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. Response FieldTurf USA, Inc has a dedicated Cooperative Purchasing Team = SmartBuy. The team consists of. SmartBuy Sales Director Eric Fisher, Operations Director Sarah Morehead, Project Manager Ross Hinrichs and Project Administrator Lesley Miles. Eric Fisher is responsible for implementing sales strategies, attending lunch and learns and educating the FieldTurf and Beynon Sales Personnel. Sarah Morehead is responsible for the coop proposal compliance with NJPA bid oversees bid compilation and pricing aspects of the program. Sarah review's each NJPA proposal to ensure compliance with NJPA bid response. Ross and Lesley and responsible for generating, sending proposal, submittals and other information to owner's and have five (5) year's combined experience doing so. Sarah Morehead has more than twelve years of experience in cooperative purchasing. Eric Fisher has over eight experience in cooperative purchasing. Our division has generated more than 500 million dollars in total co-op contracts resulting in approximately 4 million dollars in revenue for cooperative purchasing agencies. Ross and Lesley bring more than five years of experience in billing and contracting, specific to the terms and conditions of each cooperative's means and methods. The FieldTurf Cooperative Purchasing "SmartBuy" Division Team has worked with many cooperative state agencies successfully to market, educate and guide municipal members in their purchase of Beynon running tracks, outdoor courts, and FieldTurf synthetic fields. This past experience and our successful current contracts with NJPA will only continue to add to the benefits that we as a group can bring to the table. We already have systems and processes in place to handle a high volume of Cooperative Purchasing projects. Additionally, our FieldTurf City Council 18 — 18 7/19/2022 and Beynon sales forces are already currently utilizing various cooperative purchasing programs aiding in maximizing their sales efforts. As part of the current Co -Op requirements, FieldTurf keeps and manages admin fee report spreadsheets and maintains an honest and transparent rapport with NJPA. All co-op fees are identified and FieldTurf will send quarterly, annually or in any format or fashion that NJPA requires. Please see: Exhibit AM: 17.1 NJPA Quarterly Report Sample 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Response We propose the same administrative fee we pay NJPA for our current contract; 1.25% admin fee. Fieldturf will remit back to NJPA the 1.25% once FieldTurf has been paid 100% by owner. The fee is calculated as a percentage of our sales and is not a line -item addition to the Member's cost of goods as per REP 6.29 requirements. Industry -Specific Questions 19) Identify the categories in which you provide solutions: wood, turf, rubber, and/or synthetic. Resuonse FieldTurf supplied synthetic sports surfacing such as FieldTurf turf products and Beynon running tracks. Scope of Services Turf Professional Services 1. Project design, development or consultant/construction management. 2. Professional engineering services. 3. Installer/admin (tradesman) (not related to turf, track, or court installation. Project Administrator costs for site work. Products — Synthetic Turf Systems 1. FieldTurf CORE 2.5" 2. FieldTurf CORE 2.25" 3. FieldTurf CORE 2.0" 4. FieldTurf Revolution 360 2.5" 5. FieldTurf Revolution 360 2.25" 6. FieldTurf Revolution 360 2.0" City Council 18 — 19 7/19/2022 7. FieldTurf Classic HD 2.5" 23. FieldTurf - Prestige Double Play 8. FieldTurf Classic HD 2.25" 24. FieldTurf Numbers/Arrows 9. FieldTurf Classic HD 2.0" 25. Inlaid Soccer Markings 10. FieldTurf XM6-65 (2.5") 26. FieldTurf Hash Marks 11. FieldTurf XM6-57 (2.25") 27. FieldTurf Logo 12. FieldTurf XM6-50 (2.0") 28. FieldTurf - Endzone Letters 13. Fieldturf XT 65 (2.5") 29. FieldTurf - Field Hockey Lines 14. FieldTurf XT 57 (2.25") 30. FieldTurf - Lacrosse Lines 15. FieldTurf XT 50 (2.0") 31. FieldTurf - Baseball Lines 16. FieldTurf Vertex Prime 2.5" 32. FieldTurf-Flag Football Lines 17. FieldTurf Vertex Prime 2.25" 33. FieldTurf- Softball Lines 18. FieldTurf Vertex Prime 2.0" 34. FieldTurf-Football Restraining 19. FieldTurf Vertex 2.5" Lines 20. FieldTurf Vertex 2.25" 35. FieldTurf- Lacrosse Tick Marks 21. FieldTurf Vertex 2.0" 36. FieldTurf- GMAX 22. FieldTurf - Elite Double Play Alternate Infdls. Underlavment Options and Misc. 1. Rondi - PDS Drain Tiles 2. Schmitz Proplay - Proplay 16mm 3. Brock Power Base 4. Brock -SP14 5. Beynon Shock Base 26mm 6. Beynon Shock Base 19mm 7. Rondi - V eratile 8. FieldTurf - Removal and disposal of existing field 9. Natural Grass Field - Sod or Seed 10. Amorim - CoolPlay V3 11. E-Core/EPDM 12. USGreentech - Coated Sand 13. EnviroFill 14. Sustanable Performance Solutions - ECO Grind 15. SofterSpa - EcoGreen Plus Environmental Infill (TPE Infill) 16. Colorex - Eco Max Infill 17. DOF Cork - Purefill Infill 18. FieldTurf -Purefill Plus 19. Pure Elite Products - EASYTURF l . FieldTurf - EasyTurf Playground Turf 2. FieldTurf- EasyTurf Playground Pad 3. FieldTurf- EasyTurf Canine Turf 4. FieldTurf- EasyTurf Command Turf 5. FieldTurf- EasyTurf Command Select 6. FieldTurf- EasyTurf Command Premium 7. FieldTurf- EasyTurf General Purpose Site Work 8. FieldTurf- EasyTurf General Purpose Blend 9. FieldTurf- EasyTurf Signature Pro Golf 10. FieldTurf- EasyTurf Easy Play 11. FieldTurf- EasyTurf Drainage Tiles 12. FieldTurf- EasyTurf Versa Lush 13. FiedlTurf - EasyTurf AirField Turf City Council 18 - 20 7/19/2022 New Construction — Sq. foot/yard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer turn -key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as a -layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. Scope of Services Track Professional Services 1. Project design, development or consultant/construction management. 2. Professional engineering services. 3. Installer/admin (tradesman) (not related to turf, track, or court installation. Project Administrator costs for site work. Track Surfaces on Existine Stable Base 1. Beynon - BSS 50 2. Beynon — BSS 100 3. Beynon - BSS 200 4. Beynon - BSS 300 Resurfacing on an Existine Rubber Runnine Track 1. Beynon — BSS 100RE 2. Beynon-BSS 200 RE 3. Beynon-BSS 300 RE 4. Beynon-BSS 2000 RE 5 mm 5. Beynon- BSS 2000 RE 7mm Site Work 5. Beynon — BSS 1000 (IOMM) 6. Beynon — BSS 1000 (13MM) 7. Beynon—BSS 2000 (13MM) 6. Beynon- BSS 1000 ML 7. Beynon- Hobart Coating 8. Beynon- In situ Base 9. Beynon: E-layer City Council 18 — 21 7/19/2022 New Construction — Sq. footlyard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer tum-key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as a -layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. RS MEANS is self-contained and consists of a turn -key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. City Council 18 — 22 7/19/2022 wir FieldTurf STHE ULTIMATE URFACE EXPERIENCE A Tarkett Sports Company Scope of Services Indoor/Outdoor Court Surfacin¢ Polyurethane Indoor Snorts Floors and snort strivine 1. OS 6.5 3. Tarkolay Moisture Barrier 2. PTP P&P 7 + 2 Outdoor Court Surfacing and snort striping 1. Outdoor Court Surfacing (4 Coat Plexipave or 3 Coat Action Pave. Includes painting 1 set of game lines) Site Work 2. Site Work for Track and Court projects New Construction - Sq. footlyard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer turn -key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as a -layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. RS MEANS is self-contained and consists of a turn -key solution that includes a complete line - item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down' to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. Services 1. Track Restriping Scope of Service Service and Maintenance 2. Track Cleaning FieldTurf-7445 Cote-de-Liesse Road Suite 200 —Montreal, QC H4T 1G2—Tel 1-600-724-2969 City Council IT-" 23 7/19/2022 10 FieldTurf A Tarkett Sports Company Grooming and Maintenance 1. GroomAll 2. GroomRight 3. GroomRight Wings 4. SweepRight 5. SweepRight Pro Site Work THE ULTIMATE SURFACE EXPERIENCE 6. Hydraulic Sweeper 7. Tow Behind Magnet 8. FieldTurf Static Brush 9. FieldTurf Fieldcare New Construction - Sq. footlyard pricing is for supply and installation of sports surfacing only. FieldTurf is prepared to offer turn -key solutions for the construction of the base of running tracks, courts, indoor flooring projects and fields through use of RS Means. The best value pricing for base or civil work is obtained through this costing method. Site work or new construction may include but is not limited to: removal and disposal of existing sports surface, lighting, demolition, excavation, rock base aggregate, top rock, asphalt, concrete, sidewalks, turf shock absorption underlayment such as a -layer or padding, tie in to existing drainage, drainage systems, conduits, fencing, crack repair, asphalt repair, etc. which can be purchased through RS MEANS. RS MEANS is self-contained and consists of a tum-key solution that includes a complete line -item listing of all the products, supplies, material, equipment, services, accessories and options with their description, specification, terms, conditions and associated pricing for each item, sub -assemblies and/or assemblies. FieldTurf reserves the right to offer a discount or "adjustment down" to the RS MEANS calculation to account for volume discounts or to stay within standard market pricing. 20) Specifically describe any manufacturing processes or material specification -related attributes that differentiate your offering from your competitors. Response FieldTurf has manufacturing facilities in the USA, France, and Spain. In addition FieldTurf opened a 500,000 square foot facility in Calhoun, GA with complete tufting and coating abilities. FieldTurf also reached triple ISO Certification (Environmental 14001, Occupational Health and Safety 18001, and Quality 9001) in 2010 which is the only turf company in North America with this distinction. FieldTurf performs the following directly: • Manufacture, supply and installation of turf • Design and engineering FieldTurf - 7445 Cote-de-Liesse Road Suite 200 - Montreal, QC H4T 1G2-Tel 1-800-724-2969 City Council 1 — 24 7/19/2022 FieldTurf THE SURFACE EXPERIENCE A Tarkett Sports Company • Design assist • On -site supervision • Maintenance • Recycling of infill • Removal/disposal services • Infilling • Sewing • Stitching • Gluing • Painting • Drafting • Logo Design, manufacture and installation In addition to these items, FieldTurf is one of the most vertically integrated companies in the industry with sales, manufacturing, project management, marketing and installation/ construction resources capable of supporting more than 400 fields per year THE BEYNON DIFFERENCE: Beynon surfaces are found in North America's most prestigious track and field facilities, reputed collegiate campuses, high schools, and city parks. Not only do we strive to make you fast but we help to keep you safe. Our specialized, high performance synthetic athletic surfaces are designed for speed, competition, and most importantly, daily training. Should it be at one of our thousands of outdoor tracks, indoor fieldhouses or multipurpose gymnasiums, you will feel the difference a Beynon surface makes. BEYNON RUNNING TRACK SURFACE & MANUFACTURING: Beynon Surfaces are built to last. They are manufactured and installed with the highest attention to detail. Beynon systems showcase proven durability. Numerous Beynon surfaces have seen over 20 years of use. Beynon controls all aspects of the manufacturing chain, which allows us to create the right product, regardless of the facility. Because our founder's name stands behind each track that we make, we take special care throughout the entire installation process. We do this by only using certified Beynon track installers, specialized equipment, and skilled craftsmen, which ensures impeccable results. FieldTurf— 7445 Cote-de-Liesse Road Suite 200 — Montreal, QC H4T 1G2 — Tel 1-800-724-2969 City Council 18 - 25 7/19/2022 r* FieldTurf THE ULTIMATE SURFACE EXPERIENCE A Tarkett Sports Company 21) Describe any serviceability attributes that your offered solutions contain. Please indicate which of these attributes are considered "industry -expected attributes" and which you believe are "vendor differentiators." Response • FieldTurf has the most innovative product offering. • Independent testing has proven that FieldTurf is the safest turf system when compared to natural grass. • FieldTurf is one of the most vertically integrated companies in the world. • When it comes to playability and performance, FieldTurf is the clear market leader. • No other long pile, artificial turf system has lasted longer than FieldTurf. • FieldTurf may be priced higher, but it costs less. • For peace of mind, FieldTurf provides clients with the best insured warranty in the business. • FieldTurf is the clear choice of the pros. • FieldTurf offers First Class Customer Service. • When combining all these benefits it's clear that FieldTurf is simply ...the best investment. 22) Please explain the installation and maintenance services that are available. Response • Manufacture, supply and installation of turf • Design and engineering • Design assist • On -site supervision • Maintenance • Recycling of infill • Removal/disposal services • Infilling • Sewing • Stitching • Gluing • Painting • Drafting • Logo Design, manufacture and installation In addition to these items, FieldTurf is one of the most vertically integrated companies in the industry with sales, manufacturing, project management, marketing and installation/ construction resources capable of supporting more than 400 fields per year. FieldCare FieldTurf- 7445 Cote-de-Liesse Road Suite 200 -Montreal, QC 114T 1G2-Tel 1-800-724-2969 City Council 1 - 26 7/19/2022 I* FieldTurf THE ULTIMATE SURFACE EXPERIENCE A Tarkett Sports Company http://www.fieldturfcom/en/service/fieldcare-maintenance-program The proper maintenance of your FieldTurf surface will not only keep your field looking and playing its best, but will extend the life span of your field by many years. FieldCare is a national maintenance program geared towards making FieldTurf synthetic turf field systems perform at their optimal level for even longer. The FieldCare program is comprised of complete field inspections and regular maintenance done only by FieldTurf authorized maintainers. Twice per year, our industry -best certified FieldTurf maintainers will visit your facility for regularly scheduled maintenance which consists of a deep sweep and rejuvenation.This in-depth grooming will remove all dirt, bird droppings, gum, blood, skin and other detritus that ultimately collects in any playing surface, leaving your field bright and clean. A complete inspection of all areas of the field. including: • Fiber Fibrillation Analysis • Seam Analysis • Perimeter Anchoring • Excessive Wear Analysis • UV Fade Inspection • Infill - Consistency in Depth • Infill - Migration Analysis • Glued Inlay Analysis • Base Stability Analysis • Painted Markings Inspection Other services offered by our maintenance professionals include: • Logo or line painting removal • Goal post installation/repair • GMAX testing • Snow removal • Ceremony/event preparation Total Care httv://www.fieldturf.com/en/service/totaicare With over 7,000 fields in the ground customers can benefit from FieldTurfs unmatched expertise and advanced technology to find the most economical method to replace their existing turf system. Let our experts evaluate your field and give you economic options you can live with. FieldTurf— 7445 Cote-de-Liesse Road Suite 200 —Montreal, QC H4T 1G2 — Tel 1-800-724-2969 City Council 1rcYT 27 7/19/2022 FieldTurf STHE URFACE SURFACE EXPERIENCE A Tarkett SportS Company TotalCare is the complete package. Our comprehensive program helps you save money and ensure maximum performance on your field replacement. Here's how it works: ➢ Field Removal Our objective is simple - remove the maximum amount of infill at the lowest cost to you. ➢ Base Remediation Our team of experts will help determine if any base remediation is necessary. ➢ Field Replacement Only the best materials go back in to the field. Our assessment will help determine how much of the existing infill can be reused and how much, if any, cleaning of the infill is necessary. To find out more about this program, check out the FieldTurf Infill Renewal guidelines. ➢ Comprehensive Maintenance The TotalCare program includes an 8-year service plan of 2 visits per year from our FieldCare team. This maintenance includes deep grooming and field rejuvenation along with any spot repairs. Plans are customized for each customer based on needs. For additional information please refer back to the following exhibit: Exhibit T: 27.1 FieldTurf Total Care & Beynon Sports Maintenance Signature: See Signature Page Below Date: FieldTurf— 7445 Cote-de-Liesse Road Suite 200 — Montreal, QC H4T 1 G2 — Tel 1-800-724-2969 WWWCity Council e 1�m 28 7/19/2022 At FieldTurf STHE ULTIMATE URFACE EXPERIENCE A Tarkett Sports Company 9) Please quantify the discount range presenled in this response. For example, indicate that the pricing in your response represents is a $Os/c percent discount from the MSRP or your published list. 1III 'fhe pricing offered in this proposal is a. the same as lite Proposer typically offers to an individual municipality, university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c. better than the Proposer typically offers to GPOs, cooperative procurement organisations, or state purchasing departments. it. other than what the Proposer typically offers (please describe). 1 I) Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. for example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery Program. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self -audit process or program that you plait to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Industry -Specific Ouestions 19) Identify the categories in which you provide solutions: wood, turf, rubber, and/or synthetic. 20) Specifically describe any manufacturing processes or material specification -related attributes dint differentiate your offering from your competitors. 2 1 ) Describe any serviceability attributes that your offered solutions contain. Please indicate which of these attributes arc considered "industry -expected attributes" and which you believe are "vendor diffcrentiators." 22) Please explain the installation and and maintenance services that are available. Signature: 4 t. , _ _ DAIe: 5/, Uzo FieldTurf— 7445 Cote-de-Liesse Road Suite 200 — Montreal, QC 114T 1 G2 — Tel 1-800-724-2969 City Council hrh 29 7/19/2022 FieldTurf A Tarkett Sports Company SOURCEWELL QUOTATION Sourcewell (Formerly NJPA) Contract # 060518-FTU CA GC LICENSE # 849044 This QUOTATION is dated this 12th day of April 2022. Between: City of Santa Ana (The "Customer") 20 Civic Center Plaza Santa Ana, CA 92701 Michael Ortiz 714-615-0892 m o rti z(ft a n to -a n a. o rcl And: FieldTurf USA, Inc. (The "Supplier") 175 N. Industrial Blvd. NE Calhoun, GA 30701 Tel: (514) 340-9311 Fax: (514) 340-9374 NJPA is now called Sourcewell. FieldTurf USA, Inc. is pleased to present the following proposal based on the Sourcewell contract (formerly NJPA) pricing. Sourcewell provides predetermined preferential pricing through approved vendors. Since the products have already been bid at the national level, individual municipalities do not have to duplicate the bidding process per Sourcewell Contract # 060518-FTU. WHEREAS Supplier wishes to sell, supply and install via Direct Purchase under our Sourcewell Agreement: an artificial in -filled playing surface for use as an outdoor soccer field detailed below measuring approximately 85,813 sq ft. to the Customer located at Santa Anita Park — 300 S. Figueroa, Santa Ana, CA 927020. WHEREAS the Customer wishes to purchase same on the preliminary terms and conditions set out below; QUOTATION DETAILS: THE PRODUCT The Supplier hereby agrees to sell, to supply and to install FieldTurf Vertex Prime infilled artificial soccer grass and FieldTurf VersaLush artificial landscape grass ("The Products") for use on an outdoor field measuring approximately 85,813 sq. ft. to be installed on a suitable base constructed by others at The Site according to the City of Santa Ana Design Plans/Specs. 7445 Cote-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 • Toll Free: 1-800-724-2969 • Website: htto://www.fieldturf.com FieldTurf A Tarkett Sports Company SUPPLY OF PRODUCT The Supplier shall perform the work required by this Agreement as diligently and expeditiously as is consistent with the highest professional standards and the orderly progress of the work and in a good and workmanlike fashion, and subject to and in accordance with the terms and conditions hereof. The Supplier requires a minimum of 12 weeks lead time from the acceptance of layouts and approval of all plans prior to any work commencing at the Site. SITE PREPARATION WORK Notwithstanding, any work regarding the base construction of the fields ensuring its planarity ready for surfacing is specifically excluded from the Supplier's scope of work and the Sourcewell Agreement. We anticipate all base specifications from The City will be followed prior to acceptance by FieldTurf. Once the project bids and a General Contractor is selected, FieldTurf will attend all Construction Meetings necessary to insure a timely and cooperative project by all parties. PRICE The purchase price for the Products fully installed are below, plus any other permanent inlaid lines, logos not listed, and any other unforeseen costs. The Purchase Price is subject to increase if affected by a tax increase, new taxes, and levies or any new legally binding imposition affecting the transaction. Soccer Field: FieldTurf Vertex Prime 2.25" series turf: FieldTurf / Installed 78,392 sq ft $409,990 FieldTurf Cool Play $39,196 Midfield Logo / City of Santa Ana $15,500 8 year 3rd Party Insured Warranty INCLUDED Sourcewell Fees INCLUDED Sales Tax on materials only (9.25%) $29,085 Bonds 1.25% $6,172 SubTotal Sourcewell Quote Soccer Field $499,943.00 7445 C6te-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 • Toll Free: 1-800-724-2969 • Website: http://www.fieldturf.com FieldTurf A Tarkett Sports Company Soccer Field Perimeter Slope: FieldTurf VersaLush series turf FieldTurf VersaLush / Installed 7,421 sq ft $52,095 FieldTurf Cool Play $3,710 8 year 3rd Party Insured Warranty INCLUDED Sourcewell Fees INCLUDED Sales Tax on materials only (9.25%) $3,613 Bonds 1.25% $742 SubTotal Sourcewell Quote Soccer Perimeter Slope $60,160.00 Maintenance Equipment GroomRight $5,500 Maintenance Equipment FieldSweep $2,995 The Purchase Price shall be payable to Supplier by way of wire transfer or banker's cheque in accordance with the following payment schedule: i) Thirty five percent (35%) of the Purchase Price due upon Customer's execution of the Supplier's Sales Agreement; ii) Thirty-five percent (35%) of the Purchase Price on delivery and receipt of the components of the Product to the Site; iii) Twenty-five percent (25%) of the Purchase Price upon completion of the work; iv) Remaining balance five percent (5%) upon the signing of the Certificate of Completion. The Supplier will issue an invoice to Customer upon the occurrence of each of the events listed above, and payment of each invoice is due within 10 days following the date to the applicable invoice. Any unpaid balance bears interest at a rate of 10% per year. 7445 Cote-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 • Toll Free: 1-800-724-2969 • Website: http://www.fieldturf.com FoleldTurf A Tarkett Sports Company ACCEPTANCE Upon the Supplier giving the Customer notice of completion of the work, the parties agree, acting reasonably, to mutually determine whether same conforms to the requirements of this Agreement and in the event the parties mutually determine that there are deficiencies, the Supplier will undertake to correct the deficiencies noted ("Acceptance"); Upon Acceptance both parties sign the Certificate of Completion in the form currently in force; The Warranty takes effect upon the signing of the Certificate of Completion. No use whatsoever shall be made of the fields by the Customer until the Certificate of Completion is signed and delivered to Supplier. Any such use will be deemed as Acceptance of the fields, triggering final payment and will automatically void any and all warranty of the work, subject to the reinstatement of the Warranty later at the discretion of the Supplier upon the signing of the Certificate of Completion and final payment. The Customer shall prohibit use of the fields if the Customer alleges said fields to be incomplete or dangerous. For greater security, in the event that the Customer deems the fields to be incomplete or dangerous the Customer will immediately notify its insurers of this additional risk. IL631F_1IW-1111iL7L The installation of the Product shall be performed by Supplier's designated and approved installers. The Customer agrees to allow representatives of Supplier all necessary uninterrupted access and suitable staging area to the site for purposes of installation, and inspection. All lighting and electrical supply must be operational during the installation process. Minimum staging area required is 9,625 square feet and no more than 100 feet from the fields. Minimum access should be 15 feet wide by 15 feet high. A 25 feet wide by 25 feet long hard or paved surface area located within 50 feet of the playing surface shall be provided for purposes of proper mixing of in -fill material. Access to any fields will include suitable bridging by the Customer over the field curbs from the staging area to permit suitable access to the field by low clearance vehicles. Force Majeure. No Party shall be liable for delay or failure to perform under this Agreement if such delay or failure is due to any contingency beyond its reasonable control, including acts of God, war, explosion, fire, flood or civil disturbance or labor actions, disputes and disruptions by the employees or sub -trades of either Party hereto or delay or destruction caused by public carrier. In addition to force majeure, the parties recognize that in certain cases severe weather while not constituting force majeure could delay the installation process of the work contemplated under this agreement. 7445 Cote-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 • Toll Free: 1-800-724-2969 • Website: http://www.fieldturf.com FoleldTurf A Tarkett Sports Company The Supplier shall not be responsible for any acts of violence or vandalism. The Customer holds Supplier harmless and indemnifies the Supplier from vandalism and acts of violence regarding the present project. The Customer understands that it is to its benefit and therefore undertakes to accept and store for the length of the warranty period, the remaining synthetic turf left over from the project in case of need. THIS QUOTATION IS SUBJECT TO THE TERMS AND CONDITIONS OF THE SUPPLIER'S STANDARD SOURCEWELL AGREEMENT WHICH SHALL PREVAIL OVER THIS QUOTATION, AND BE SUBJECT TO CHANGE WITHOUT NOTICE FROM TIME TO TIME. THIS QUOTATION IS OPEN FOR ACCEPTANCE FOR A PERIOD OF 60 DAYS, AFTER WHICH TIME, IF NOT ACCEPTED, IT WILL BE NULL AND VOID. FOR QUESTIONS, PLEASE CONTACT YOUR FIELDTURF REPRESENTATIVE IN SOUTHERN CALIFORNIA; TIM COURY BY TELEPHONE (760) 310-2139, EMAIL tcfieldturfOamail.com ACCEPTED QUOTATIONS, DULY SIGNED SHALL BE SENT TO 1- FIELDTURF USA, INC. 825 DeWitt Ave, Encinitas, CA 92024, TELEPHONE (760) 310-239, FAX (760) 632-0906 EMAIL tcfieldturf(dcimail.com ATTENTION: Tim Coury, Regional VP Sales READ, AGREED, AND ACCEPTED Per: Date: 7445 Cote-de-Liesse Road Suite 200, Montreal, QC, Canada H4T 1G2 • Toll Free: 1-800-724-2969 • Website: http://www.fieldturf.com Public Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Santa Anita Park Field and Park Improvements AGENDA TITLE Approve Appropriation Adjustments and Award a Construction Contract to Byrom -Davey Inc. in the Amount of $7,317,701 for the Santa Anita Park New Synthetic Soccer Field and Park Improvements FY 2022-23 Project with an Estimated Project Delivery Cost of $9,513,011.30 (Project Nos. 19-7527, 20-2745) (Non -General Fund) RECOMMENDED ACTION 1. Approve an Appropriation Adjustment recognizing revenue received in prior years in the amount of $1,439,641 in the Residential Development District 1 and District 4 ($869,224 and $570,417, respectively), District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 1 and District 4, Improvements Other Than Building expenditure account for FY 2022-23 capital operating expenses. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment recognizing the grant revenue from the 2018 Parks Bond Act Per Capita Grant Program in the amount of $177,952 in the PRCSA Capital Grants revenue account and appropriating the same amount into the 2018 Parks Bond Act -Per Capital Improvements Other Than Building expenditure account for FY 2022-23 capital operating expenses. (Requires five affirmative votes) 3. Award a construction contract to Byrom -Davey Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $7,317,701 for construction of the Santa Anita Park New Synthetic Soccer Field and Park Improvements FY 2022-23, for the term beginning July 19, 2022 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. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,513,011.30, which includes $7,317,701.00 for the construction contract, $731,770.10 for contract administration, inspection and testing, and a $1,463,540.20 project contingency for unanticipated or unforeseen work. 5. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to modify and combine all Santa Anita Park Improvement Projects. City Council 19-1 7/19/2022 Award Construction Contract to Byrom -Davey Inc. July 19, 2022 Page 2 DISCUSSION Santa Anita Park was developed and added to the park system in 1970. Since then it has remained largely unchanged. This very comprehensive project will enable a total park renovation that includes a new synthetic turf soccer field, new sports lighting, regrading of the adjacent grass slopes to incorporate built-in concrete bleacher seating, upper terraces to allow for group or event canopies, a new basketball court, new play equipment, a parking lot expansion, new concrete walkways, new site lighting, new landscape and irrigation (Exhibit 1). In addition, staff is currently awaiting an anticipated $5 million of American Rescue Plan Act of 2021 (ARPA) federal funds for these park improvements, pending Council approval. The additional funds will permit the hiring of a Design -Build architecture firm to assist with the demolition and reconstruction of the deteriorating Santa Anita Community Center facility. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on March 14 and March 21, of 2022. The project was also advertised on PlanetBids from March 14, 2022, through April 18, 2022, and bids were received electronically via PlanetBids on April 18, 2022. The City notified a total of 1,351 regional vendors via PlanetBids, 79 of which are Santa Ana -based. Ninety-five vendors requested bidding documents. A total of four bids were received, including one from a Santa Ana contractor. Bid Results SummaN RANK BIDDER'S NAME LOCATION BASE BID 1 Byrom -Davey Inc. San Diego $7,317,701.00 2 Ohno Construction Company Fontana $7,790,000.00 3 MMC, Inc. La Palma $7,988,301.00 4 Archico Design Build Inc. Santa Ana $8,427,886.89 A total of four bids were received, and all were deemed responsive. Byrom -Davey Inc. submitted the lowest responsive base bid in the amount of $7,317,701.00 (Exhibit 2). In the past five years, Byrom -Davey, Inc. has not performed work for the City of Santa Ana Public Works Agency. Byrom -Davey Inc. did complete work satisfactorily in 2004. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Byrom -Davey Inc., in the amount of the base bid totaling $7,317,701.00 (Exhibit 3). City Council 19 — 2 7/19/2022 Award Construction Contract to Byrom -Davey Inc. July 19, 2022 Page 3 Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $9,513,011.30. Project Item Total Construction Contract $7,317,701.00 Construction Administration, Inspection, Testing $731,770.10 Contingencies $1,463,540.20 Total $9,513,011.30 Approval of the amendment to the FY 2022-23 Capital Improvement Program (Exhibit 5) will officially incorporate this project into the program. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-77 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $9,513,011.30, which includes construction, contract administration, inspection, testing, and an authorized contingency. Project No. 19-7527 is assigned to the Project Plans and Specifications, and the Notice Inviting Bids. Project Nos. 22-7536 and 21-2745 are assigned to other funding sources for tracking of all expenditures to deliver the construction of this project. Funds associated with the project (except those included in Recommended Actions 1 and 2) were originally appropriated in Fiscal Year 2021-22, but due to the fact that the award of the contract has crossed into a new fiscal year, a request to carryover funds in the accounts below will be submitted as part of the citywide carryover process. The citywide carryover request is normally presented to the City Council in September or October, after year-end balances of the prior year are available. In order to avoid delaying the project until September/October, staff are moving forward with the project and will expend funds in the accounts identified below with the understanding that approval of the carryover request will occur at a future date. Lastly, Cannabis Public Benefit Funds were reallocated from Splash Pad Projects in order to cover the funding gap. City Council 19 — 3 7/19/2022 Award Construction Contract to Byrom -Davey Inc. July 19, 2022 Page 4 With the approval of the following appropriation adjustments, the funds recognized will be available for delivery of this project. 1. Recognize revenue received in prior years in the amount of $1,439,641 in the Residential Development District 1 and District 4 ($869,224 and $570,417, respectively), District Park Acquisition & Development Fees revenue accounts (Nos. 31113002-53300 & 31413002-53300) and appropriating the same amount into the Residential Development District 1 and District 4, Improvements Other Than Building expenditure account (Nos. 31113260-66220 & 31413260-66220) for FY 2022-23 capital operating expenses. 2. Recognize the grant revenue from the 2018 Parks Bond Act Per Capita Grant Program in the amount of $177,952 in the PRCSA Capital Grants, State Grant - Direct revenue account (No. 16113002-52025) and appropriate the same amount into the 2018 Parks Bond Act -Per Capita, Improvements Other Than Building expenditure account (No. 16113269-66220) for FY 2022-23 capital operating expenses After the appropriation adjustments, the following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Accounting Unit Fund Accounting Unit - Year Year - Account No. Description Account No. Amount (project No.) Description Appropriation Adjustments Acquisition Residential 2022-23 31113260-66220 and Development District $869,224.00 (19-7527) Development- 1, Improvements District 1 Other Than Building Acquisition Residential 2022-23 31413260-66220 and Development District $570,417.00 (19-7527) Development- 4, Improvements District 4 Other Than Building 16113269-66220 PRCSA- 2018 Park Bonds 2022-23 (19-7527) Capital Grants Act -Improvements $177,952.00 Other Than Building Total $1,617,593.00 ExistingProject Budget Acquisition Residential 2022-23 31113260-66220 and Development District $1,900,000.00 (19-7527) Development- 1, Improvements District 1 Other Than Building City Council 19 — 4 7/19/2022 Award Construction Contract to Byrom -Davey Inc. July 19, 2022 Page 5 Fiscal Accounting Unit Fund Accounting Unit - Year Y - Account No. Description Account No. Amount (Project No.) Description 2002 Resources 2022-23 16113268-66220 PRCSA- Bond Act, $1,000,000.00 (19-7527) Capital Grants Improvements Other Than Building Community 13518783-66220 Community Development Block 2022-23 (19 7527) Development Grant Programs, $511,839.49 Block Grant Improvements Other Than Building Community 13518783-66220 Community Development Block 2022-23 (22-7536) Development Grant programs- $600,000.00 Block Grant Improvements Other Than Building Community 13518783-66220 Community Development Block 2022-23 (TBD) Development Grant programs- $800,000.00 Block Grant Improvements Other Than Building Cannabis PRCSA Youth 2022-23 01213020-66220 Public Benefit Services- $941,038.81 (21-2745) Fund Improvements Other Than Building Cannabis PRCSA Youth 2022-23 01213020-66220 Public Benefit Services- $2,142,540.00 (21-2745) Fund Improvements Other Than Building Total $7,895,418.30 Grand Total $9,513,011.30 Anticipate Additional Funding (August 16, 2022 Council Meeting) XXXXXXXX- American 2022-23 XXXXX Rescue Plan Act of 2021 XXXXXXXXX $5,000,000.00 (XXXXXX) ARPA EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. Capital Improvement Program Worksheet City Council 19 — 5 7/19/2022 Award Construction Contract to Byrom -Davey Inc. July 19, 2022 Page 6 Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 19 — 6 7/19/2022 SANTA ANA Project No. 19-7527 PWA� Santa Anita Park New Synthetic Soccer Field & Pueu WORKS � Park Improvements AGENCY I ohmsm.Are %tl Road to for Pmlep denIH P n its Perk Nd mitre efiv Sower Fall and Pe rk Improvements%r5/eci#111 IQue6 as 0J1141)ovl Bid one on Apri IS, 3023 3'00 PM (PBi .I UnI1 PIce ' Sra30N' ran 0avey.I nv-lam Told near aradaldlvn Compel mmv, Inv An,am 0eviyn 6ollo lnv. 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(hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Anita Park New Synthetic Soccer Field & Park Improvements (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Million Three Hundred Seventeen Thousand Seven Hundred and One Dollars and No Cents ($7,317,701.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. City Council 19 — 9 7/19/2022 w, 09n1f20I7 Page I of DocuSign Envelope ID: 29F3B495-5F36-4C5A-999D-1 F56F9244C62 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA maybe found on the City's website at: http://Nv�vw.santa-ana.org/pwa/documents/CWA.pdf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. S. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 19 — 10 7/19/2022 Page 2 of 3 DocuSign Envelope ID: 29F3B495-5F36-4C5A-999D-1 F56F9244C62 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other hidemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONI.4 R. CARVALHO City Attorney By:� JOHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Byrom -Davey, Inc. CDOCUSIQned by: � V" BOD5741ED k6WG5... NAME: steve Davey TITLE: president/CEO City Council 19 — 11 7/19/2022 Page 3 of 3 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: MIi lam—kkrunaW Byrom -Davey, Inc. The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Mobilization 1 LS $ 345,000.00 $345,000.0 2 Clearing and Grubbing 131,250 SF $ 1.00 $ 131,250.00 3 Demolition 1 LS $ 391,20000 $ 391,000 4 Unclassified Excavation 11,943 CY $ 29.00 $ 346,347.00 5 Asphalt Concrete Pavement 114 TN $ 210.00 $ 23,940.00 6 Cold Mill (1") 7,700 SF $ $ 1.00 7,700.00 7 Asphalt Rubber Hot Mix 102 TN $ 288.00 $ (ARHM) 29,376.00 8 Base Course Aggregate 9,057 TN $ $ 63.00 570,591.00 9 Angular Modified Permeable 2,085 TN $ 115.00 $ Stone Base (4") 239,775.00 10 Engineered Fill 580 CY $ $ 46.00 26,280.00 11 PCC Driveway Approach 380 SF $ 18.00 $6,840.00 (8„) 12 PCC Gutter (6") 880 SF $ 24.00 $ 21,120.00 13 PCC Wheelchair Curb Ramp 185 SF $ 36.00 $ 6,660.00 12 L: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET Item Description Qty Unit Unit Price Amount 14 PCC Walkway (6") 19,932 SF $ 18.00 $ 358,776.00 15 PCC Walkway (4") 6,870 SF $ 16.00 $ 109920.00 16 PCC Ramp and Landing 900 SF $ $19,800,00 (10") 22.00 17 PCC Curb (Type B-1) 948 LF $ 38.00 $ 36,024.00 18 PCC Mow Strip (4") 400 LF $ 34.00 $ 13,600.00 19 Reinforced PCC Basketball 6,580 SF $ $ 78,960.00 Court 12.00 20 PCC Retaining Curb (6") 232 LF $ 42.00 $ 9,744.00 21 PCC Access Ramp (10") 267 SF $ 25.00 $ 6,675.00 22 8"x 8" Concrete Header 440 LF $ 38.00 $ 16,720.00 23 Concrete Bench Paving 3,386 SF $ $ 28.00 94,808.00 24 Concrete Benches 570 LF $ 265.00 $ 151,050.00 25 Concrete Steps 78 LF $ $ 24,804.00 318.00 26 Masonry Block Wall to 100 LF $ 795.00 $ 79,500.00 Match in Kind with Existing 27 Retaining Masonry Wall 726 LF $ 714.00 $ 518,364.00 (Including Footing) 28 Tubular Steel Guard Rail 1,303 LF $ 213.00 $277,539.00 29 Tubular Steel Access Gate 4 EA $ $ 3,071.00 12,284.00 30 Tubular Steel Double Swing 1 EA $ 6,118.00 $ 6,118.00 Access Gate 31 Wrought Iron Fence 20 LF $ 1,009.00 $ 20,180.00 32 Wrought Iron Gate 3 EA $ 12,363.00 $ 37,089.00 33 Collapsible Bollard 4 EA $ 1,380.00 $ 5,520.00 City Council P-2 of P-10 — 13 7/19/2022 CITY OF SANTA ANA Addendum No. Three PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET Item Description Qty Unit Unit Price Amount 34 Wheel Stops 52 EA $ 173.00 $8,996.00 35 12" Deep Silica Sand 436 TN $ 230.00 $ 100,280.00 36 Field Equipment Garage 1 LS $ 174,800.00 $174,800.00 37 12" RCP Storm Drain (2500- D) 72 LF $ 575.00 $41.400.00 38 Modified Junction Chamber Type'D' per City Standard Plan 308A and 308B 1 EA $ 23,000.00 $ 23,000.00 39 WQMP Improvements I LS $ 46,000.00 $46,000.00 40 French Drain System I LS $ 92,000.00 $ 92,000.00 41 Synthetic Turf Drainage System 1 LS $ 241,500.00 $241,500.00 42 Walkway Lighting 1 LS $ 207973.0 $ 207973.0 43 Parking Lot Lighting I LS $ 107250 $ 107250 44 Basketball Court Lighting I LS $ 67589 $ 67589 45 Soccer Field Lighting 1 LS $ 304641 $ 304641 46 Soil Preparation & Fine Grading 28,000 SF $ 0.92 $ 25,760.00 47 Tabebuia Impetiginosa (24" Tree Box) 7 EA $ 610.00 $ 4,270.00 48 Canary Island Pine (24" Tree Box) 36 EA $ 610.00 $ 21,960.00 49 Brisbane Box (24" Tree Box) 10 EA $ 610.00 $ 6,100.00 50 Date Palm (Tice Well) 10 EA $ 7,130.00 $ 71,300.00 51 1 Gal. Shrubs (Lantana Montevidensis "Radiation") 3,153 SF $ 1.00 $ 3,153.00 52 1 Gal. Grass (Berkley Sedge) 18,008 SF $ 3.00 $ 54,024.00 City Council 19 — 14 7/19/2022 P-3 of P-20 Addendum No. Three CITY OF SANTA ANA PROPOSAL PROJECTNO.: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET Item Description Qty Unit Unit Price Amount 53 5 Gal. Shrubs (Baccharis Pilularis) 1,906 SF $ 4.00 $ 7,624.00 54 Mulch 260 CY $ 98.00 $ 25,480.00 55 60-Calendar Day L&I Maintenance Period 1 LS $ 10,335.00 $ 10,350.00 56 Irrigation Design/Build 1 LS $ 115,000.00 $ 115,000.00 57 Signing & Striping (Parking Lot) I LS $ 17,250.00 $ 17,250.00 58 Shade Structures 1 LS $ 575,000.00 $ 575,000.00 59 Set of Basketball Pole/Rim/Backboard 2 EA $ 13,800.00 $ 27,600.00 60 Plexicourt Surface System 1 LS $ 19,550.00 $19,550.00 61 Striping (Basketball Court) I LS $ 2,300.00 $ 2,300.00 62 Perimeter Wall Painting 1 LS $ 20,700.00 $20,700.00 63 Geotechnical Report I LS $ 34,500.00 $ 34,500.00 64 Project Advertisement Sign 2 EA $ 1,380.00 $ 2,760.00 65 As -Built Plans 1 LS $5,000 $ 5,000.00 66 Construction Permit 1 LS $15,000 $ 15,000.00 67 SWPPP (Risk Level 1) 1 LS $ 80,500.00 $ 80.500.00 68 Imperial Rye 90 Synthetic Turf (Terrace Area) 1 LS $ 138,000.00 $ 138,000.00 69 Soccer Goals I LS $ 13,800.00 $ 13,800.00 70 Coast Recreation Playground Equipment I LS $ 299980 $ 299980 71 Pool Renovation 1 LS $ 275600 $ 275600 72 Hybrid Bermuda 2,986 SF $ 2 00 $ 5,972.00 oWE City Council 19 — 15 7/19/2022 P-4 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-7527 SANTA ANNTA PARK NEW SYNTHETIC SOCCER FIELD & P. 300 S. FIGUEROA STREI TOTAL BAISE BID I $ 7,317,701.00 The lowest responsible bidder shall be selected based on th total base bid. The City reserves right to award the Base Bid, and any, all, or none of the add -aft to bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%"limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (300) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specifie ' cction 6-9 of the Standard Specifications, shall be $3,490 per calendar day. Name of Firm Byrom -Davey, Inc. Signature of BIDDER Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Steve Davey President/Secretary Paul Pankow Sr. Vice President Christine Butler Treasurer Eric Jennings Vice President City Council 19 — 16 7/19/2022 P-5 of P-20 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NOS. 19-7527: Santa Anita Park New Synthethic Soccer Field & Park Improvements Construction Contract $ 7,317,701.00 Contract Administration, Inspection and Testing $ 731,770.10 Contingencies $ 1,463,540.20 TOTAL ESTIMATED CONSTRUCTION COSTS $ 9,513,011.30 City Council 19 — 17 7/19/2022 | 3 / e r �_ k \ =� Lu222 §)f)!! /..... k \ F- E � ) ( ° f (f K §))/\ §e/<) %I / 4 / 5 a \ ■ Community Development Agency www.santa-ana.org/departments/community-development/ Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Street Outreach and Engagement Agreement with City Net AGENDA TITLE: Approve an Amendment to the Agreement with City Net to Provide Street Outreach and Engagement Services and to Respond to Diverted Santa Ana Police Department Calls for Service for Quality -of -Life Services, in an Amount not to Exceed $2,483,599.59 through June 30, 2023 (Non -General Fund) (Revive Santa Ana Program) RECOMMENDED ACTION 1. Authorize the City Manager to execute an amendment to the agreement with City Net to provide enhanced street outreach and engagement services, including diverted Santa Ana Police Department calls for service for quality -of -life services, from July 20, 2022 through June 30, 2023, in an amount not to exceed $2,483,599.59, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute all funding agreements required by state or federal agencies for the use of funding, including Homeless Housing Assistance and Prevention (HHAP) Program and American Rescue Plan Act (ARPA). DISCUSSION On October 5, 2021, the City Council approved an amendment to the agreement with City Net to commence an enhanced street outreach and engagement pilot program to accept non-violent mental health or substance abuse calls for service for individuals experiencing homelessness away from the Police Department and from the mySantaAna app to their teams. The goal of this program was to transition calls to subject matter experts who are highly trained in their profession of homeless services crisis intervention, mental health, addiction, and medical services to provide the best response to those in need. The pilot program was named the Santa Ana Multi -Disciplinary Homeless Response Team (SMART). During this pilot program, City Net provided two to three SMART outreach teams from 7 a.m. to 9 p.m., Mondays through Fridays, and one team from 9 a.m. to 9 p.m. on weekends. From December 1. 2021 to June 15. 2022. these teams delivered over 3.000 City Council 20-1 7/19/2022 Street Outreach and Engagement Agreement with City Net July 19, 2022 Page 2 outreach contacts and successfully exited over 500 individuals off the streets of Santa Ana. City Net teams also responded to over 4,700 dispatched calls for service from direct community calls, first responders, and the mySantaAna app. These teams also proactively outreached to over 500 contacts. The response time for City Net to respond to calls averaged 32 minutes, consistent with Priority Three and Four SAPD calls for service. The ability for City Net teams to respond to these specific calls previously handled by SAPD, and to engage with the individuals experiencing homelessness an average of 21 minutes, speaks to the success of this program. On these occasions, Quality of Life (QOLT) officers were freed up to respond to higher priority calls. At times, City Net would be able to take over certain SAPID calls in the field, also releasing officers to handle the higher -need calls. A more detailed evaluation of the data for the pilot program from December 1, 2021 to May 17, 2022 is attached as Exhibit 1. While street outreach efforts in Santa Ana are systematic, coordinated, and comprehensive, it is important to know that it often takes many contacts in the field before an individual accepts services. This may be frustrating for community members who mistakenly assume that a call to outreach teams or SAPD correlate with the individual always going to jail or shelter. Outreach workers, including SAPID, cannot force an individual into shelter, not take an individual to jail without reason. Additionally, shelter, for some, will never be a viable option. Mental health disorders, including a lack of treatment for the most seriously mentally ill, causes the kind of delusions and irregular behavior that make living in a shelter untenable. For these individuals, it is the persistent outreach and encouragement by outreach workers that may lead to mental health or substance abuse treatment, or a permanent housing option. To achieve the best response from outreach services, it is essential to deploy the correct street outreach team. Having the ability to deploy either SAPD or mental health homeless outreach workers, is ideal. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval, funds will be available in the following expenditure account: Fiscal Year Accounting Unit Fund Description Accounting Unit, mount Account Account Description FY 22-23 (mid -July- (m 18118013-69135 merican Rescue Plan ARPA-CDA, Payment 2,133,600.50 June) ct o Subagent 22-23 (mid -July- (m 12218716-69135 Emergency and HealthHHAP-2, Payment to 349,999.08 June) rants Subagent otal 2,483,599.59 City Council 20 — 2 7/19/2022 Street Outreach and Engagement Agreement with City Net July 19, 2022 Page 3 EXHIBIT(S) 1. Evaluation of Pilot City Net SMART project 2. Agreement with City Net Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 20 — 3 7/19/2022 r� T 16 Aidt Alt w ♦ ,w. ALUATI'`-: SMART PILOT f. PROGR O h lilt, SANTA ANA _ CITY OF SANTA ANA PAGE 01 I, —a •I! A The City of Santa Ana has been at the forefront of addressing homelessness in Orange County, despite being historically disadvantaged due to a lack of regional and equitable distribution of services and resources. Santa Ana has a variety of non-profit, governmental, and private agencies that provide many supportive services. The City also has the most homeless shelter beds in the county and has numerous affordable housing projects, including a number of permanent supportive housing options as a means to end homelessness. The Santa Ana Police Department (SAPD) has been assisting in connecting individuals with services for decades with their Homeless Evaluation Assessment Response Team (HEART), recognizing the value and importance of community engagement. The City has since added many new resources and has adapted its response to the changing needs and impacts of the homeless population. As SAPID began to receive more service calls regarding homelessness, the City partnered with City Net, a non-profit providing services for individuals experiencing homelessness. Santa Ana provided City Net a small HUD grant to allow them to offer outreach, engagement, and case management 2016 I services to about 400 unhoused individuals in and around the Civic Center during limited hours to connect them with emergency shelter, housing, and critical services. Over the years, their scope and outreach hours have expanded as the need for their services has increased. City Council approved the Homeless Prevention, Intervention and Mitigation Plan to address the escalating number of individuals experiencing homelessness in Santa Ana. The City built capacity 2017 I to address the issue in three ways: creating a new role for a Homeless Services Manager, adding a HEART Officer, and establishing the Ouality of Life Team (COLT). The City was engaged in federal litigation involving the County of Orange and other cities to address homelessness preceding Federal Judge David O. Carter's courtroom hearings, which 2018 I tasked cities to create additional shelter beds. In August 2018, the City Council declared a Shelter Crisis and subsequently began providing shelter beds within the City of Santa Ana. The City of Santa Ana developed a 4 Point Strategic Plan regarding homelessness: 2019T I. Clean: Reduce Negative impacts to Community ensuring Santa Ana is clean and safe 2.Outreach: Be persistent in our contact with anyone experiencing homelessness 3. Housing: Reduce the number of Santa Ana's Unsheltered Homeless 4.Communications: Have an Engaged and Informed Community Regarding Homelessness and Homeless Solutions. p 0 p (� Evaluation e =Quality �_ Santa Ana Of — Multidisciplinary Assessment Life Agency Cif+ cil 20 — 5 022 Team INCREASING OUTREACH Through learned experiences, the City of Santa Ana has realized that proactive outreach and engagement has the biggest impact on the community at large. In 2019, the City expanded City Net's contract to include additional teams of two staff members working five days a week, from 7 a.m. to 5:30 p.m. Two days a week, City Net teamed up with SAPID to respond to calls together. In 2020, at the height of the COVID-19 pandemic, the City began to look at outreach differently. As calls for service continued to increase, it became clear that a more persistent response to those living on the streets was needed. The City of Anaheim had recently formed a Community Care Response Team, utilizing City Net for a call center as well as in -person outreach. Anaheim 911 dispatchers diverted non -emergency, homeless -related calls to City Net, and both City Net's in -person and phone outreach teams had expanded hours of operation. This program has been highly successful in Anaheim, and fit the bill for what Santa Ana needed. The Santa Ana City Council authorized and awarded a contract to City Net to expand their services and start a pilot program for the Santa Ana Multidisciplinary Response Team (SMART) to receive 911 dispatch calls seven days a week from 9 a.m. to 9 p.m., expand outreach hours from 7 a.m. to 9 p.m., and have teams on the streets seven days a week. SMART includes homeless services outreach case managers, a safety coordinator, and access to medical, mental, and behavioral health assistance in the field without an additional call. SMART Pilot Program Goals: 1. Exit homeless individuals from the streets of Santa Ana. 2. Divert approximately 500 calls a month for non -emergency, non-violent, homeless -related services to facilitate a quick connection between individuals experiencing homelessness and appropriate services; 3. Provide safe COVID-19 information and interventions to vulnerable homeless neighbors. 4.Develop a pilot for a regional response to homelessness that connects homeless neighbors to housing solutions throughout the region, through full participation in the Orange County Continuum of Care. calls for service RESULTS December 1, 2021 - May 17, 2022 During the pilot period, SMART live dispatchers received referrals from multiple sources: SAPID and OCFA dispatchers, the mySantaAna app, and as direct calls to the City Net Outreach Line. How has SMART handled calls since December 2021 ? The City found that by inserting social services professionals into situations that previously would have been handled by police officers, the City was better able to utilize City resources. SAPID and COLT were standing by, ready to assist on calls when additional support was needed. With City Net taking non -emergency dispatch calls for homeless supportive services, SAPID and other emergency responders were better able to focus on public safety and respond to criminal activity. SMART dispatchers had the flexibility to handle a call without dispatching an outreach team to the field, such as requests for services outside the scope of SMART. If someone was calling to request food, clothing, utility assistance, or had a general inquiry about homelessness, the dispatcher could provide information on those outside services without sending a team member to the site. PAGE 04 I Program Evaluation STATISTI, ; • 4 J001!2 yS How many homeless individuals were contacted by SMART? There were 2,887 street outreach contacts including 1,599 unique individuals where first name, last name, and date of birth were captured. Forty-eight (48%) percent of all contacts were unique. The remaining 1,488 were duplicate contacts with known individuals or contacts with individuals who declined to give their full name. How many individuals has the City assisted off the street since the launch of SMART? 472 street exits to shelters, permanent supportive housing, or family in -state or out-of-state. Calls received There were 6,566 total incoming calls/app referrals to City Net SMART Dispatch. 4,583 calls resulted in SMART being dispatched to the field. Sixty -Six Percer' (66%) of all incoming requests for assistance required dispatching of SMART. outreach contacts individuals "City Net's SMART approach to homeless street outreach has allowed all involved in this complex issue to focus on our Department strengths and let professionals in homeless outreach perform the complex tasks associated with daily street engagements with the homeless community. I- Ken Gominsky, Homeless Services Manager I Did the SMART program achieve its goals? What were the Santa Ana Police Department average response times? SAPD Response Time Averages (Dec.1- May 17) Priority 2018-2019 2019-2020 2020-2021 2021-2022 1 6m 34s 6m 07s 5m 04s 5m 25s 2 10m 70s 8m 28s 9m 43s 10m 05s 3 N/A N/A 26m 28m 16s 4 38m 22s 50m 31s 32m 07s 34m 43s Goal Results 1. Exit homeless individuals from SMART had 2,887 street outreach contacts, including 1,599 unique individuals, resulting in 472 street exits to shelter, housing or family reunification. That equates to Santa Ana streets more than 2 individuals exiting the street daily during the pilot program. Over 1,000 homeless -related calls were diverted monthly. SMART responded to 4,583 2. Divert 500 non -emergency requests that first -responders would have had to address: 2,784 calls to City Net, 589 homeless service calls monthly calls from SAPD/OCFA dispatch or officers in the field, 570 from the mySantaAna app, 440 proactive contacts by SMART. 3. COVID-19 information and 554 individuals were assisted with information on COVID-19 resources and given interventions for homeless personal protective equipment. 4. Develop a pilot for regional 987 clients were enrolled in case management, entered into a countywide homeless homelessness response management information system and the countywide coordinated entry system to be matched with long-term housing. "The City of Santa Ana would be lost without City Net. They spen countless hours outreaching and case managing those in most nee that would - time away from officers enforcing laws City Council not around.o - - handle ii •1 is no longerrequired to respond . _ Juan Montiel, SAPID Sergear FIRST AMENDMENT TO STREET OUTREACH AND ENGAGEMENT AGREEMENT CITY OF SANTA ANA THIS FIRST AMENDMENT to Street Outreach and Engagement Agreement is entered into on July 19, 2022, by and between Kingdom Causes, Inc., dba City Net, a California nonprofit corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into the Street Outreach and Engagement Agreement (A-2021-196) on October 6, 2021, by which Contractor agreed to provide service delivery for the specific purpose of reaching out to unsheltered homeless neighbors; connecting them with emergency shelter, housing, or critical services; and providing urgent, non -facility -based care ("Agreement"). The term of the Agreement was set to expire on December 31, 2020. B. On June 21, 2022, the City agreed to extend the term of the Agreement until July 31, 2022. Accordingly, the Agreement is current and in effect. C. The parties now wish to amend the Agreement to extend the term of the Agreement, append to the Scope of Services, and to increase the compensation to be expended under the Agreement to cover costs during the extended term. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of the Agreement, except as hereinafter modified, the parties agree to the following: I. Section 1, Scope of Services, shall be amended to replace the Scope of Work attached to the Agreement as Exhibit B with the Scope of Work attached herewith as Exhibit B-1. 2. Section 2(a), Compensation, shall be amended to increase the compensation for services provided under this Agreement by $2,483,599.59. The total amount to be expended during the term of this Agreement, including any extension period, shall not exceed $3,783,599.59. The Budget attached to the Agreement as Exhibit C shall be replaced with the Budget attached herewith as Exhibit C-1. 3. Section 3, Term, shall be amended to extend the term of the Agreement through June 30, 2023. 4. Except as modified by this First Amendment, all terns and conditions of the Agreement shall remain in full force and effect. (signatures on following page) City Council 20 — 10 7/19/2022 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Rya ge Asia ity Attorney RECOMMENDED FOR APPROVAL STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CITY NET Br4 Fiel house Executive Director TaxID# 57-1162424 EXHIBIT B-1 SCOPE OF WORK City Council 20 — 12 7/19/2022 81 City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) Protect Overview Building on the successful 2021 pilot project, and utilizing ESG and HHAP funding, City Net will provide street outreach and engagement services through the Santa Ana Multidisciplinary Response Teams (SMART) in 2022 and 2023. In partnership with the Santa Ana Police Department, Santa Ana Community Development, and city departments such as Code Enforcement and Public Works, City Net will staff and deploy SMART teams in responding to homeless calls for service though street outreach and engagement, 14 hours per day, seven days a week. The SMART Teams will address non -emergency homeless calls to increase outreach focused on providing services, addressing mental health, connecting clients to housing and helping more people out of homelessness. Through live dispatch (during operational hours) City Net will deploy multi -disciplinary teams of homeless services professionals to respond to homeless services calls received from the Santa Ana Police Department dispatch, My Santa Ana app (application, online and phone referrals), direct community calls through the City Net Outreach Line, and through proactive engagement by SMART teams. Deliverables (see endnotes for descriptions of terms below) Monthly Goal Annual Goal Outreach Contacts' 300 3,600 COVID-19 Engagements" 250 3,000 Phone Calls Dispatched 850 10,200 Case Management's 8S 1,020 Street Exits" 70.83 850 Description of Services Street Outreach Street outreach is service delivery to engage homeless neighbors through the process of rapport - building for the purpose of connecting them with emergency shelter, housing, critical services, and providing urgent, non -facility -based care such as medical health treatment, mental health treatment, counseling and other services essential for achieving independent living. Street outreach activities help homeless neighbors begin the process of obtaining appropriate supportive services, including assistance in obtaining permanent housing. Street outreach can be viewed as a "service in itself' and "a process of building a personal connection that may play a role in helping a person improve his or her housing, health status, or social support network" which "involves creativity, flexibility, may take City Net-611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 City Council 20 — 13 7/19/2022 V I City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) months or years, and involves establishing a relationship' to connect a client to services'. Outreach is integrated into the County Coordinated Entry System (CES) and Homeless Management Information System (HMIS) to provide entrance to and service navigation within the Continuum of Care (CoC) and its resources. Engagement Engagement services are activities to locate, identify, and build relationships with homeless neighbors to offer support, intervention, and connections with homeless assistance programs and/or mainstream social services and other housing programs. Specific activities may include: • Conducting an initial assessment of client needs and eligibility • Providing informal crisis counseling • Addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries • Actively connecting and providing information and referrals to needed services • Making formal referrals into the city and/or CoC shelter and housing system Case Management Case management activities assess housing and service needs and arrange, coordinate and/or monitor the delivery of individualized services. Specific activities include: • Assessment and intake using HMIS • Conducting initial evaluations including verifying and documenting eligibility • Developing/securing/coordinatingservices • Helping obtain Federal, State, and local benefits • Monitoring and evaluating program participant progress in particular programs • Providing information and referrals to other providers • Developing an individualized housing stabilization plan Housing Navigation City Net will pa rtner with local agencies and will deploy its own housing navigators who will acquire documentation and complete forms required for housing. Housing navigation also involves housing search which includes attending property owner meetings, setting appointments, and assisting with paperwork related to housing applications. Other services include coordinating moving arrangements for the client and setting up utilities, as well as mediation with property owners on behalf of the client. ' Olivet 1, Bassuk E, Elstad E, Kenney R & Jassil L (2010) Outreach and Engagement in Homeless services: A Review of the Literature. The Open Health Services and Policy Journal, 3, 53-70 City Net —611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 City Council 20 — 14 7/19/2022 V I City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) Transportation Through use of privately leased vans and/or transportation services, City Net will engage in: • Transporting unsheltered people to emergency shelters, emergency health, emergency mental health, or other service facilities • Provision of public transportation for participants • Transportation costs (bus tickets, gas, minor car repairs, etc.) to assist homeless neighbors to relocate out of the region, provided they have permanent housing there • Assisting program participants to use public transportation Emergency Health/Mental Health City Net will refer homeless neighbors to emergency health and/or emergency mental health services to the extent that other customary emergency health services and treatments are unavailable or inaccessible to the homeless neighbor. A referral example is outpatient treatment of urgent medical conditions by licensed medical professionals in community -based settings (e.g., streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility. Services for Special Populations Services for special populations are essential services that have been tailored to address the special needs of homeless youths, victims of domestic violence, dating violence, sexual assault, or stalking, including connections to services offered by rape crisis centers, domestic violence shelters, and other organizations that serve persons who meet the HUD homeless definition and have special needs. Food and Emergency Services Food and other emergency services will be given to clients primarily as they first move into housing and for emergency circumstances. During the duration of their tenancy, clients will be connected food banks and service agencies in the community as their primary resource for emergency needs. City Net Data Collection Policy The information City Net collects about individuals and families who access our services Is confidentially stored in a local electronic database called the Homeless Management Information System (HMIS). HMIS securely records information (data) about people accessing housing and homeless services, which may include, but is not limited to, names and contact information, birthdates, demographic information, self -reported medical information, Veteran status, disability status, etc. Under the HMIS Data -Sharing Agreement, the Individual client data of those who consent to have their information stored in HMIS is only viewable by qualified staff at each participating agency. In order to participate in HMIS, leaders at each agency must sign an Agency Agreement that City Net —611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 ncil V City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) includes a commitment to protecting client data and maintaining confidentiality, and agency staff must pass multiple trainings that each go over the importance of client privacy. City Net is accountable to our HMIS Data -Sharing partners, to the local County, to our local Continuum of Care, and to the Department of Housing and Urban Development (HUD) to maintain the privacy and security of the confidential personal information we collect about our clients and their families. Aside from these legal and funding -related obligations, we also believe we have an ethical responsibility to our clients to not share their personal data in ways to which they've not agreed. To ensure City Net's commitment to excellent data collection, privacy and security, analysis and reporting practices, City Net does not authorize external agencies to complete these functions on our behalf except in very limited circumstances and only with prior written approval and with City Net's full participation in all data reporting and analysis. This is so that City Net can responsibly provide context and analysis for the data City Net collects within collaborative efforts to coordinate the most effective services for our homeless neighbors, better understand homelessness in our community, assess the types of resources needed in our local area, and participate in generating aggregate statistical reports to HUD, which help to improve polity and bring adequate funding of services for the most vulnerable populations in our community, and so City Net can assure its ethical and legal responsibilities to homeless neighbors to not share their data in ways to which they have not agreed. ' Outreach Contacts reflect the number of interactions for the specific purpose of reaching out to unsheltered homeless neighbors in a process of building trust and offering support toward the long-term goal of connecting them with emergency shelter, housing, or critical services; and providing urgent, non -facility -based care. These activities are intended to help homeless neighbors to obtain appropriate supportive services, including assistance in obtaining permanent housing medical health treatment, mental health treatment, counseling supervision, and other services essential for achieving independent living housing stability case management; and other Federal, State, local, or private assistance available to assist the program participant in obtaining housing stability. This number can be duplicated in any given reporting period. "COVID-19 Engagements reflect the number of interactions by City Net's street outreach and engagement staff to ensure that unsheltered homeless neighbors have access to services and updated information about COVID-19, by working to: • Provide information to educate people about COVID-19: where they can get tested, how it spreads, health impacts, common symptoms, and other features of the disease. • Use health messages and materials developed by credible public health sources, such as local and state public health departments or the Centers for Disease Control and Prevention (CDC). • Provide educational materials about COVID-19 for non-English speakers, those with low literacy or intellectual disabilities, and people who are hearing or vision impaired. • Ensure communication with clients about changes In homeless services policies and/or changes in physical location of services such as food, water, hygiene facilities, regular healthcare, and behavioral health resources. • Provide health and hygiene interventlons: o Recommend that all clients wear masks any time they are around other people, noting exceptions such as young children under age 2, anyone who has trouble breathing or Is unconscious, Incapacitated, or otherwise unable to remove the mask without assistance. City Net— 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 City Council 20 — 16 V City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) o Provide clients with hygiene materials including Items such as hand sanitizer, soap, shampoo, cleansing wipes, socks, blankets, non-perishable snacks, bottled water, sunscreen, gloves, toothbrush, toothpaste, and other items depending on client needs. o Discourage clients from spending time in crowded places or gathering in large groups, for example at locations where food, water, or hygiene supplies are being distributed. o If it is not possible for clients and staff to avoid crowded places, encourage spreading out (at least 6 feet between people) to the extent possible. • Encourage proper waste disposal to prevent spread of disease and minimize risk. • Continue providing linkages to homeless services, housing, medical, mental health, and substance use treatment, including provision of medication -assisted therapies. • Maintain up-to-date contact information and areas frequented for each person- • Coordinate, integrate, and leverage resources to maximize impact of services for individuals who are experiencing homelessness. • Engage individuals and families not yet working with a CES Partner Agency, with a primary focus on unsheltered families and individuals in encampments. • Conduct frequent visits to encampments known to have persons experiencing homelessness throughout the city. • Record all assessments and subsequent services in the Homeless Management Information System (HMIS). Enter and maintain timely and complete client data. • Link clients to the Coordinated Entry System (CES) to provide ongoing engagement, document collection, and case management services to facilitate a match to an appropriate housing resource. • Case Management in the context of CES, which is voluntary and client -centered, with the goal of identifying strengths and client -directed goals, while promoting health, recognition, and well-being with a focus on linking the client to a permanent housing resource and providing the necessary services needed to promote housing stability. This number can be duplicated in any given reporting period. a Reflects the current number of homeless neighbors who are voluntarily engaged in a formal, written case management relationship with City Net. Clients sign permission to allow City Net case managers to work with them to achieve progress on a mutually agreed upon plan to attain housing and supportive services. Case managers follow-up with housed clients for 6 months after housing to ensure a successful placement. Active cases are engaged once a week on average and are considered inactive after 90 days of no contact. This is an unduplicated number that changes over time as former clients exit case management and new clients enroll. '•Street Exits are defined by HUD and enumerated in the HUD systems performance report, and City Net uses these designations for all street exits achieved through the efforts of two or more agencies working together within the context of the homeless collaborative in the city. HUD designates some of these street exits as "temporary" and some as 'permanent", and City Net exercises discretion to count as exited those homeless neighbors who have a reasonable plan in place to move from temporary shelter to permanent housing. Street exits may also reflect duplicated numbers as individuals may enter, then exit, then reenter shelter/housing multiple times during the reporting period, and HUD guidelines require that City Net count these as multiple street exits even when referring to a single individual. City Net —611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 City Council 20 — 17 EXHIBIT C-1 BUDGET City Council 20 — 18 7/19/2022 Santa Ana SMART Budget V City Net July 1, 2022 - June 30, 2023 Santa Ana SMART, July 1, 2022 - June 30, 2023 Live phone response, 7 days/week, 9:00am to 9:00pm 2-3 teams. M-F 7:00am to 9:00pm, 1 team Sa-Su, 9:00am to 9:00pm Labor Title/Role Description Fully Loaded Compensation Hrs/ week Wks FTE TOTAL SMART Program Supervisor Project supervision, staff management $43.2140 52.001.00 1589,869.73 Dispatch Supervisor Call center supervisor $36.29 20 52.00 0.50 1537.741.60 Lead Dispatch Case Manager Live call response leader S30,5020 52.00 0.50 531,714.80 Dispatch Case Managers Live call response S26.3240 52.00 2.00 S109,491.20 Lead Outreach Case Managers Outreach and Engagement (O+E) shift leaden $30.50 40 52.00 2.00 $126,859.20 Outreach Case Managers O+E case management $28.41 40 52.00 10.00 $590 928.00 WSW Clinicians O+E case management S38.5140 52.004.00 $320403.20 Lead Safety Coordinator Lead safetv for O+E teams S32.0020 152.00 0.50 33 280.00 Tafery Coordinators Safety for O+E teams $26.6040 52.004.00 $221,312.00 Executive leadership Project oversight, quality control, communications roblem solving $79.50 4 52.00 0.10 $16,536.00 Finance and billing Payroll, billing $29.26 8 52.00 0.20 $12 172.16 Human resources Staff recrulting, hiring,training, disputes $29.68 4 52.00 0.10 $6173.44 0 erations Invento urchasin technical support 25.98 4 52.00 0.10 $5 403.84 Communi Engagement Resource devel0 ment communications $25.984 52.00 0.10 $5403.84 Data Analyst IHMIS data entry, reporting,compliance $26.0030 52.00 0.75 540 560.00 Labor Subtotal: 25.85 $1,647,949.01 Operations and Program Expenses ttem Description TOTAL Client Services Client transport (7 vehicles): vehicle lease, gas, vehicle insurance, maintenance $168,000.00 Client Services Rapid rehousing fees $63,814.10 Client Services Emergency Shelter motel vouchers $63,000.00 Client Services Medical services/telemedicine equipment for Families Together Orange County $10,000.00 Client Services LCSW contract for disabling condition documentation and mental health services $81,982.00 Rent Offices ace and office equipment/furniture rental $37,224.00 Equipment Phones computers hardware and soltvairel and equipment $105 778.20 Materials and Supplies Personal Protective Equipment (PPE) for staff and clients (masks, gloves, face shields, proximity suits, trash bags, etc.) with replacements $9,600.00 Materials and Supplies Uniforms copies, forms office supplies, equipment, etc. $22489.50 Materials and Supplies IT support and client management software licenses $27142.50 Materials and Supplies Financial audit $9 306.00 Materials and Supplies Liability Insurance $11,632.50 Administrative Expenses Subtotal: $609,968.80 Administration Category [ [Description TOTAL Indirect Costs At 30%: includes general expenses incurred by City Net but not directly borne by the project (utilities, taxes, other typse of required insurance not listed above, legal, staff development, contingencies, etc.) $225,781.78 Administration subtotal: $225,781.78 Project TOTAL 2 483 599.59 7/5/2022 matt@citynet.org City Council 20 - 19 7/19/2022 FIRST AMENDMENT TO HOMELESS HOUSING, ASSISTANCE AND PREVENTION SUBCONTRACTOR AGREEMENT THIS FIRST AMENDMENT to the Homeless Housing, Assistance and Prevention Subcontractor Agreement is entered into on July 19, 2022, by and between Kingdom Causes, Inc., dba City Net, a California nonprofit corporation ("Subcontractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2021-197-01, dated October 6, 2021, by which Contractor agreed to use Homeless Housing, Assistance and Prevention Program ("HHAP") funds to provide homeless street outreach and engagement in the City of Santa Ana ("Agreement'). B. In accordance with the terms and conditions of said Agreement, the Parties desire to amend: Section I — Scope of Services, to update the Scope of Work; Section 2 — Tenn, to extend the tern of said Agreement; and Section 3 — Disbursement and Funds, to increase the maximum amount of Compensation for said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: I. Section 1, SCOPE OF SERVICES, shall be amended to replace the Scope of Work attached to the Agreement as Exhibit B with the Scope of Work attached herewith as Exhibit B- 1. 2. Section 2, TERM, shall be amended to extend the term of the Agreement through June 30, 2023. The term of the Agreement shall also cover any services provided since July 1, 2022. If necessary, the term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. Section 3(a), DISBURSEMENT AND FUNDS, shall be amended to increase the maximum amount of compensation by $349,999.08, such that the total sum to be expended under said Agreement shall not exceed $649,999.08 during the tern of said Agreement. This total not to exceed amount of compensation is not guaranteed to Subcontractor. Rather, Subcontractor will only be paid for sufficient services provided during the term of said Agreement. Once said Agreement is terminated, the City shall not be responsible for any further payments to Subcontractor other than payment for services provided by Subcontractor during the term of the Agreement. 4. Except as modified by this First Amendment, all terms and conditions of said Agreement shall remain in full force and effect. Pagel of3 City Council 20 — 20 7/19/2022 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to said Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City I YBy: Ryadge Ass i t ity Attorney RECOMMENDED FOR APPROVAL STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CITY NET BraWFieldhouse Executive Director Page 2 of 3 EXHIBIT B-1 SCOPE OF WORK Page 3 of 3 City Council 20 — 22 7/19/2022 6 City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) Prolect Overview Building on the successful 2021 pilot project, and utilizing ESG and HHAP funding, City Net will provide street outreach and engagement services through the Santa Ana Multidisciplinary Response Teams (SMART) in 2022 and 2023. In partnership with the Santa Ana Police Department, Santa Ana Community Development, and city departments such as Code Enforcement and Public Works, City Net will staff and deploy SMART teams in responding to homeless calls for service though street outreach and engagement, 14 hours per day, seven days a week. The SMART Teams will address non -emergency homeless calls to increase outreach focused on providing services, addressing mental health, connecting clients to housing and helping more people out of homelessness. Through live dispatch (during operational hours) City Net will deploy multi -disciplinary teams of homeless services professionals to respond to homeless services calls received from the Santa Ana Police Department dispatch, My Santa Ana app (application, online and phone referrals), direct community calls through the City Net Outreach Line, and through proactive engagement by SMART teams. Deliverables (see endnotes for descriptions of terms below) Monthly Goal Annual Goal Outreach Contacts, 300 3,600 COVID-19 Engagements' 250 3,000 Phone Calls Dispatched 850 10,200 Case Management" 85 1,020 Street Exits" 70.83 850 Description of Services Street Outreach Street outreach is service delivery to engage homeless neighbors through the process of rapport - building for the purpose of connecting them with emergency shelter, housing, critical services, and providing urgent, non -facility -based care such as medical health treatment, mental health treatment, counseling and other services essential for achieving independent living. Street outreach activities help homeless neighbors begin the process of obtaining appropriate supportive services, including assistance in obtaining permanent housing. Street outreach can be viewed as a "service in itself' and "a process of building a personal connection that may play a role in helping a person improve his or her housing, health status, or social support network" which "involves creativity, flexibility, may take City Net-611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 City Council 8 City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) months or years, and involves establishing a relationship" to connect a client to services'. Outreach is integrated into the County Coordinated Entry System (CES) and Homeless Management Information System (HMIS) to provide entrance to and service navigation within the Continuum of Care (CoC) and its resources. Engagement Engagement services are activities to locate, identify, and build relationships with homeless neighbors to offer support, intervention, and connections with homeless assistance programs and/or mainstream social services and other housing programs. Specific activities may include: • Conducting an initial assessment of client needs and eligibility • Providing informal crisis counseling • Addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries • Actively connecting and providing information and referrals to needed services • Making formal referrals into the city and/or CoC shelter and housing system Case Management Case management activities assess housing and service needs and arrange, coordinate and/or monitor the delivery of individualized services. Specific activities include: • Assessment and intake using HMIS • Conducting initial evaluations including verifying and documenting eligibility • Developing/securing/coordinatingservices • Helping obtain Federal, State, and local benefits • Monitoring and evaluating program participant progress in particular programs • Providing information and referrals to other providers • Developing an individualized housing stabilization plan Housing Navigation City Net will partner with local agencies and will deploy its own housing navigators who will acquire documentation and complete forms required for housing. Housing navigation also involves housing search which includes attending property owner meetings, setting appointments, and assisting with paperwork related to housing applications. Other services include coordinating moving arrangements for the client and setting up utilities, as well as mediation with property owners on behalf of the client. ' Olivet 1, Bassuk E, Elstad E, Kenney R & Jassil L (2010) Outreach and Engagement in Homeless services: A Review of the Literature. The Open Health Services and Policy Journal, 3, 53-70 City Net —611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 City Council 8 City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) Transportation Through use of privately leased vans and/or transportation services, City Net will engage in: • Transporting unsheltered people to emergency shelters, emergency health, emergency mental health, or other service facilities • Provision of public transportation for participants • Transportation costs (bus tickets, gas, minor car repairs, etc.) to assist homeless neighbors to relocate out of the region, provided they have permanent housing there • Assisting program participants to use public transportation Emergency Health/Mental Health City Net will refer homeless neighbors to emergency health and/or emergency mental health services to the extent that other customary emergency health services and treatments are unavailable or inaccessible to the homeless neighbor. A referral example is outpatient treatment of urgent medical conditions by licensed medical professionals in community -based settings (e.g., streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility. Services forSpeciol Populations Services for special populations are essential services that have been tailored to address the special needs of homeless youths, victims of domestic violence, dating violence, sexual assault, or stalking, including connections to services offered by rape crisis centers, domestic violence shelters, and other organizations that serve persons who meet the HUD homeless definition and have special needs. Food and Emergency Services Food and other emergency services will be given to clients primarily as they first move into housing and for emergency circumstances. During the duration of their tenancy, clients will be connected food banks and service agencies in the community as their primary resource for emergency needs. City Net Data Collection Policy The Information City Net collects about individuals and families who access our services is confidentially stored in a local electronic database called the Homeless Management Information System (HMIS). HMIS securely records information (data) about people accessing housing and homeless services, which may include, but is not limited to, names and contact information, birthdates, demographic information, self -reported medical information, Veteran status, disability status, etc. Under the HMIS Data -Sharing Agreement, the Individual client data of those who consent to have their information stored in HMIS is only viewable by qualified staff at each participating agency. In order to participate in HMIS, leaders at each agency must sign an Agency Agreement that City Net —611 W. Civic Center Drive, Suite 400, Santa Ana, CA 9270S 8 City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) includes a commitment to protecting client data and maintaining confidentiality, and agency staff must pass multiple trainings that each go over the importance of client privacy. City Net is accountable to our HMIS Data -Sharing partners, to the local County, to our local Continuum of Care, and to the Department of Housing and Urban Development (HUD) to maintain the privacy and security of the confidential personal information we collect about our clients and their families. Aside from these legal and funding -related obligations, we also believe we have an ethical responsibility to our clients to not share their personal data in ways to which they've not agreed. To ensure City Net's commitment to excellent data collection, privacy and security, analysis and reporting practices, City Net does not authorize external agencies to complete these functions on our behalf except in very limited circumstances and only with prior written approval and with City Net's full participation in all data reporting and analysis. This is so that City Net can responsibly provide context and analysis for the data City Net collects within collaborative efforts to coordinate the most effective services for our homeless neighbors, better understand homelessness in our community, assess the types of resources needed in our local area, and participate in generating aggregate statistical reports to HUD, which help to improve policy and bring adequate funding of services for the most vulnerable populations in our community, and so City Net can assure its ethical and legal responsibilities to homeless neighbors to not share their data in ways to which they have not agreed. Outreach Contacts reflect the number of interactions for the specific purpose of reaching out to unsheltered homeless neighbors in a process of building trust and offering support toward the long-term goal of connecting them with emergency shelter, housing, or critical services; and providing urgent, non -facility -based care. These activities are intended to help homeless neighbors to obtain appropriate supportive services, including assistance in obtaining permanent housing medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; housing stability case management; and other Federal, State,local, or private assistance available to assist the program participant in obtaining housing stability. This number an be duplicated in any given reporting period. 14COVID-19 Engagements reflect the number of interactions by City Net's street outreach and engagement staff to ensure that unshetered homeless neighbors have access to services and updated Information about COVID-19, by working to: • Provide Information to educate people about COVID39: where they can get tested, how it spreads, health impacts, common symptoms, and other features of the disease. • Use health messages and materials developed by credible public health sources, such as local and state public health departments or the Centers for Disease Control and Prevention (CDC(. • Provide educational materials about COVID-19 for non-English speakers, those with low literacy or intellectual disabilities, and people who are hearing or vision impaired. • Ensure communication with clients about changes in homeless services policies and/or changes in physical location of services such as food, water, hygiene facilities, regular healthcare, and behavioral health resources. • Provide health and hygiene interventions: o Recommend that all clients wear masks any time they are around other people, noting exceptions such as young children under age 2, anyone who has trouble breathing or is unconscious, Incapacitated, or otherwise unable to remove the mask without assistance. City Net— 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 City Council 20 — 26 7/19/2022 V City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (Sli o Provide clients with hygiene materials including Items such as hand sanitizer, soap, shampoo, cleansing wipes, socks, blankets, non-perishable snacks, bottled water, sunscreen, gloves, toothbrush, toothpaste, and other hems depending on client needs. o Discourage clients from spending time in crowded places or gathering in large groups, for example at locations where food, water, or hygiene supplies are being distributed. o If it is not possible for clients and staff to avoid crowded places, encourage spreading out (at least 6 feet between people) to the extent possible. • Encourage proper waste disposal to prevent spread of disease and minimize risk. • Continue providing linkages to homeless services, housing, medical, mental health, and substance use treatment, including provision of medication -assisted therapies. • Maintain up-to-date contact information and areas frequented for each person. • Coordinate,integrate, and leverage resources to maximize impact of services for individuals who are experiencing homelessness. • Engage individuals and families not yet working with aCES Partner Agency, with a primary focus on unsheltered families and Individuals in encampments. • Conduct frequent visits to encampments known to have persons experiencing homelessness throughout the city. • Record all assessments and subsequent services in the Homeless Management Information System (HIM IS). Enter and maintain timely and complete client data. • Link clients to the Coordinated Entry System (CES) to provide ongoing engagement, document collection, and case management services to facilitate a match to an appropriate housing resource. • Case Management in the context of CES, which is voluntary and client -centered, with the goal of identifying strengths and client -directed goals, while promoting health, recognition, and well-being with a focus on linking the client to a permanent housing resource and providing the necessary services needed to promote housing stability. This number can be duplicated in any given reporting period. 11 Reflects the current number of homeless neighbors who are voluntarily engaged in a formal, written case management relationship with CityNet. Clients sign permission to allow City Net case managers to work with them to achieve progress on a mutually agreed upon plan to attain housing and supportive services. Case managers follow-up with housed clients for 6 months after housing to ensure a successful placement. Active cases are engaged once a week on average and are considered inactive after 90 days of no contact. This is an unduplicated number that changes over time as former clients exit case management and new clients enroll. 'Street Exits are defined by HUD and enumerated in the HUD systems performance report, and City Net uses these designations for all street exits achieved through the efforts of two or more agencies working together within the context of the homeless collaborative in the city. HUD designates some of these street exits as 'temporary' and some as 'permanent", and City Net exercises discretion to count as exited those homeless neighbors who have a reasonable plan in place to move from temporary shelter to permanent housing. Street exits may also reflect duplicated numbers as Individuals may enter, then exit, then reenter shelter/housing multiple times during the reporting period, and HUD guidelines require that City Net count these as multiple street exits even when referring to a single individual. City Net —611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 City Council gn — 97 7/1 Cl/7f177 FIRST AMENDMENT TO AMERICAN RESCUE PLAN ACT SUBCONTRACTOR AGREEMENT THIS FIRST AMENDMENT to the American Rescue Plan Act Subcontractor Agreement is entered into on July 19, 2022, by and between Kingdom Causes, Inc., dba City Net, a California nonprofit corporation ("Subcontractor'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City,). RECITALS A. The parties entered into Agreement No. A-2021-197-02, dated October 6, 2021, by which Contractor agreed to use American Rescue Plan Act ("ARPA"), including Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"), funds to provide homeless street outreach and engagement in the City of Santa Ana ("Agreement"). B. In accordance with the terms and conditions of said Agreement, the Parties desire to amend: Section I — Scope of Services, to update the Scope of Work; Section 2 — Term, to extend the term of said Agreement; and Section 3 — Disbursement and Funds, to increase the maximum amount of Compensation for said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: I. Section 1, SCOPE OF SERVICES, shall be amended to replace the Scope of Work attached to the Agreement as Exhibit B with the Scope of Work attached herewith as Exhibit B-1. 2. Section 2, TERM, shall be amended to extend the term of the Agreement through June 30, 2023. The term of the Agreement shall also cover any services provided since July 1, 2022. If necessary, the term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 3. Section 3(a), DISBURSEMENT AND FUNDS, shall be amended to increase the maximum amount of compensation by $2,133,600.51, such that the total sum to be expended under said Agreement shall not exceed $3,133,600.51 during the term of said Agreement. This total not to exceed amount of compensation is not guaranteed to Subcontractor. Rather, Subcontractor will only be paid for sufficient services provided during the terns of said Agreement. Once said Agreement is terminated, the City shall not be responsible for any further payments to Subcontractor other than payment for services provided by Subcontractor during the term of the Agreement. 4. Except as modified by this First Amendment, all terms and conditions of said Agreement shall remain in full force and effect. Pagel of3 � J City Council 20 — 28 7/19/2022 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to said Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO CitWa�nt By: ttorney RECOMMENDED FOR APPROVAL STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CITY NET . & ��7 Braieldhou e Executive Director Page 2 o13 Council 20 — 29 CH i City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) Proiect Overview Building on the successful 2021 pilot project, and utilizing ESG and HHAP funding, City Net will provide street outreach and engagement services through the Santa Ana Multidisciplinary Response Teams (SMART) in 2022 and 2023. In partnership with the Santa Ana Police Department, Santa Ana Community Development, and city departments such as Code Enforcement and Public Works, City Net will staff and deploy SMART teams in responding to homeless calls for service though street outreach and engagement, 14 hours per day, seven days a week. The SMART Teams will address non -emergency homeless calls to increase outreach focused on providing services, addressing mental health, connecting clients to housing and helping more people out of homelessness. Through live dispatch (during operational hours) City Net will deploy multi -disciplinary teams of homeless services professionals to respond to homeless services calls received from the Santa Ana Police Department dispatch, My Santa Ana app (application, online and phone referrals), direct community calls through the City Net Outreach Line, and through proactive engagement by SMART teams. Deliverables (see endnotes for descriptions of tprms hainu,l Monthly GoNAnnualOutreach Contacts, 30000VID-19 Engagements"250Phone Calls Dispatched 850Case Management-° 85Street Exits" 70.83 Description of services Street Outreach Street outreach is service delivery to engage homeless neighbors through the process of rapport - building for the purpose of connecting them with emergency shelter, housing, critical services, and providing urgent, non -facility -based care such as medical health treatment, mental health treatment, counseling and other services essential for achieving independent living. Street outreach activities help homeless neighbors begin the process of obtaining appropriate supportive services, including assistance in obtaining permanent housing. Street outreach can be viewed as a "service in itself' and "a process of building a personal connection that may play a role in helping a person improve his or her housing, health status, or social support network' which "involves creativity, flexibility, may take City Net-611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 V City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) months or years, and involves establishing a relationship" to connect a client to services'. outreach is integrated into the County Coordinated Entry System (CES) and Homeless Management Information System (HMIs) to provide entrance to and service navigation within the Continuum of Care (CoC) and its resources. Engagement Engagement services are activities to locate, identify, and build relationships with homeless neighbors to offer support, intervention, and connections with homeless assistance programs and/or mainstream social services and other housing programs. Specific activities may include: • Conducting an initial assessment of client needs and eligibility • Providing informal crisis counseling • Addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries • Actively connecting and providing information and referrals to needed services • Making formal referrals into the city and/or CoC shelter and housing system Case Management Case management activities assess housing and service needs and arrange, coordinate and/or monitorthe delivery of individualized services. Specific activities include: • Assessment and intake using HMIS • Conducting initial evaluations including verifying and documenting eligibility • Developing/securing/coordinatingservices • Helping obtain Federal, State, and local benefits • Monitoring and evaluating program participant progress in particular programs • Providing information and referrals to other providers • Developing an individualized housing stabilization plan Housing Navigation City Net will partner with local agencies and will deploy its own housing navigators who will acquire documentation and complete forms required for housing. Housing navigation also involves housing search which includes attending property owner meetings, setting appointments, and assisting with paperwork related to housing applications. Other services include coordinating moving arrangements for the client and setting up utilities, as well as mediation with property owners on behalf of the client. i Olivet 1, Bassuk E, Elstad E, Kenney R & Jassil L (2010) Outreach and Engagement in Homeless Services: A Review of the Literature. The Open Health Services and Policy Journal, 3, 53-70 City Net —611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 City Council 20 — 32 7/19/2022 al-s City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) Transportation Through use of privately leased vans and/or transportation services, City Net will engage in: • Transporting unsheltered people to emergency shelters, emergency health, emergency mental health, or other service facilities Provision of public transportation for participants Transportation costs (bus tickets, gas, minor car repairs, etc.) to assist homeless neighbors to relocate out of the region, provided they have permanent housing there Assisting program participants to use public transportation Emergency Health/Mental Health City Net will refer homeless neighbors to emergency health and/or emergency mental health services to the extent that other customary emergency health services and treatments are unavailable or inaccessible to the homeless neighbor. A referral example is outpatient treatment of urgent medical conditions by licensed medical professionals in community -based settings (e.g., streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility. Services for Special Populations Services for special populations are essential services that have been tailored to address the special needs of homeless youths, victims of domestic violence, dating violence, sexual assault, or stalking, including connections to services offered by rape crisis centers, domestic violence shelters, and other organizations that serve persons who meet the HUD homeless definition and have special needs. Food and Emergency Services Food and other emergency services will be given to clients primarily as they first move into housing and for emergency circumstances. During the duration of their tenancy, clients will be connected food banks and service agencies in the community as their primary resource for emergency needs. City Net Data Collection Polity The information City Net collects about individuals and families who access our services is confidentially stored in a local electronic database called the Homeless Management Information System (HMIs). HMIS securely records information (data) about people accessing housing and homeless services, which may include, but is not limited to, names and contact information, birthdates, demographic information, self -reported medical information, Veteran status, disability status, etc. Under the HMIS Data -Sharing Agreement, the individual client data of those who consent to have their information stored in HMIS is only viewable by qualified staff at each participating agency. In order to participate in HMIS, leaders at each agency must sign an Agency Agreement that City Net— 611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 81-1. I City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) includes a commitment to protecting client data and maintaining confidentiality, and agency staff must pass multiple trainings that each go over the importance of client privacy. City Net is accountable to our HMIS Data -Sharing partners, to the local County, to our local Continuum of Care, and to the Department of Housing and Urban Development (HUD) to maintain the privacy and security of the confidential personal information we collect about our clients and their families. Aside from these legal and funding -related obligations, we also believe we have an ethical responsibility to our clients to not share their personal data in ways to which they've not agreed. To ensure City Net's commitment to excellent data collection, privacy and security, analysis and reporting practices, City Net does not authorize external agencies to complete these functions on our behalf except in very limited circumstances and only with prior written approval and with City Net's full participation in all data reporting and analysis. This is so that City Net can responsibly provide context and analysis for the data City Net collects within collaborative efforts to coordinate the most effective services for our homeless neighbors, better understand homelessness in our community, assess the types of resources needed in our local area, and participate in generating aggregate statistical reports to HUD, which help to improve policy and bring adequate funding of services for the most vulnerable populations in our community, and so City Net can assure its ethical and legal responsibilities to homeless neighbors to not share their data in ways to which they have not agreed. Outreach Contacts reflect the number of interactions for the specific purpose of reaching out to unsheltered homeless neighbors in a process of building trust and offering suppon toward the long-term goal of connwing them with emergency shelter, housing, or critical services; and providing urgent, non -facility -based care. These activities are intended to help homeless neighbors to obtain appropriate supportive services, including assistance in obtaining permanent housing medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; housing stability case management; and other Federal, State,local, or private assistance available to assist the program participant in obtaining housing stability. This number can be duplicated in any given reporting period. "COVID-19 Engagements reflect the number of interactions by City Nets street outreach and engagement staff to ensure that unsheltered homeless neighbors have access to services and updated information about COVID-19, by working to: • Provide information to educate people about COVID-19: where they can get tested, how it spreads, health impacts, common symptoms, and other features of the disease. • Use health messages and materials developed by credible public health sources, such as local and state public health departments or the Centers for Disease Control and Prevention (CDC). • Provide educational materials about COVID-19 for non. English speakers, those with low literacy or intellectual disabilities,and people who are hearing or vision Impaired. • Ensure communication with clients about changes in homeless services policies and/or changes in physical location of services such as food, water, hygiene facilities, regular healthcare, and behavioral health resources. • Provide health and hygiene Interventions: o Recommend that all clients wear masks any time they are around other people, noting exceptions such as young children under age 2, anyone who has trouble breathing, or is unconscious, incapacitated, or otherwise unable to remove the mask without assistance. City Net-611 W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 ON i City Net Exhibit A: Scope of Work 2022-2023 Santa Ana Multidisciplinary Response Team (SMaRT) o Provide clients with hygiene materials including items such as hand sanitizer, soap, shampoo, cleansing wipes, socks, blankets, non-perishable snacks, bottled water, sunscreen, gloves, toothbrush, toothpaste, and other items depending on client needs. to Discourage clients from spending time in crowded places or gathering in large groups, for example at locations where food, water, or hygiene supplies are being distributed. o If it is not possible for clients and staff to avoid crowded places, encourage spreading out (at least 6 feet between people) to the extent possible. • Encourage proper waste disposal to prevent spread of disease and minimize risk. • Continue providing linkages to homeless services, housing, medical, mental health, and substance use treatment, including provision of medication -assisted therapies. • Maintain up-to-date contact information and areas frequented for each person. • Coordinate,integrate, and leverage resources to maximize impact of services for individuals who are experiencing homelessness. • Engage individuals and families not yet working with aCES Partner Agency, with a primary focus on unsheltered families and individuals in encampments. • Conduct frequent visits to encampments known to have persons experiencing homelessness throughout the city. • Record all assessments and subsequent services in the Homeless Management Information System(HMIS). Enter and maintain timely and complete client data. • Link clients to the Coordinated Entry System(CES) to provide ongoing engagement, document collection, and case management services to facilitate a match to an appropriate housing resource. • Case Management in the context of CES, which is voluntary and client -centered, with the goal of identifying strengths and client -directed goals, while promoting health, recognition, and well-being with a focus on linking the client to a permanent housing resource and providing the necessary services needed to promote housing stability. This number can be duplicated in any given reporting period. ^' Reflects the current number of homeless neighbors who are voluntarily engaged in a formal, written case management relationship with CityNet. Clients sign permission to allow City Net case managers to work with them to achieve progress on a mutually agreed upon plan to attain housing and supportive services. Case managers follow-up with housed clients for 6 months after housing to ensure a successful placement. Active rases are engaged once a week on average and are considered Inactive after 90 days of no contact. This is an unduplicated number that changes over time as former clients exit case management and new clients enroll. '• 5treet Exits are defined by HUD and enumerated in the HUD systems performance report, and City Net uses these designations for all street exits achieved through the efforts of two or more agencies working together within the context of the homeless collaborative in the city. HUD designates some of these street exits as "temporary" and some as 'permanent", and City Net exercises discretion to count as exited those homeless neighbors who have a reasonable plan in place to move from temporary shelter to permanent housing. Street exits may also reflect duplicated numbers as individuals may enter, then exit, then reenter shelter/housing multiple times during the reporting period, and HUD guidelines require that City Net count these as multiple street exits even when referring to a single individual. City Net —fill W. Civic Center Drive, Suite 400, Santa Ana, CA 92705 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Grant Agreement for Installation of Mini Pitch Soccer Field at Cesar Chavez Campesino Park AGENDA TITLE: Grant Agreement with Streetfootballworld to install a Mini -Pitch Soccer Field at Cesar Chavez Campesino Park RECOMMENDED ACTION Authorize the City Manager to execute a Grant Agreement with Streetfootballworld for the installation of a Mini -Pitch Soccer Field at Cesar Chavez Campesino Park, valued at approximately $150,000 with no installation cost to the City, for the period July 19, 2022 through July 19, 2032, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Streetfootballworld is a nonprofit organization representing the world's largest community of organizations implementing programs in the field of football (known in the USA as soccer) and sport for good. Nearly two decades of building and implementing social impact strategies through sports —and particularly soccer —in cooperation with a wide range of partners from the soccer industry, sponsors, governments, and private partners. The Streetfootballworld network is an initiative created by the organization to connect and empower community organizations using soccer in specific, and sport in general, as a tool to drive social impact. Consumers enjoy PepsiCo products more than one billion times a day in more than 200 countries and territories around the world. PepsiCo generated more than $70 billion in net revenue in 2020, driven by a complementary food and beverage portfolio that includes Frito-Lay, Gatorade, Pepsi -Cola, Quaker, Tropicana, and Soda Stream. PepsiCo's product portfolio includes a wide range of enjoyable foods and beverages, including 23 brands that generate more than $1 billion each in estimated annual retail sales. Union of European Football Foundation (UEFF) is the governing body of European football and has been supporting initiatives and programs that help children in difficult circumstances, working with numerous different partners to develop projects across Europe and beyond. The foundation aims to help children and safeguard their rights. City Council 21 — 1 7/19/2022 Grant Agreement for Installation of a Mini -Pitch Soccer Field at Cesar Chavez Campesino Park July 19, 2022 Page 2 Sports and soccer in particular, provide support in the areas of health and children's education, as well as promoting access to sporting activity, facilitating children's personal development and fostering the integration of minorities. In partnership with UEFF and Streetfootballworld, PepsiCo has launched a global initiative (Lay's RePlay) to transform empty chip bags into sustainable artificial turf fields (AKA soccer pitches). Each field is created with a shock -absorbing layer called EcoceptTM, which is formed when reclaimed chip packs are converted into rubberized pellets. Both the turf and the EcoceptTM layer are 100-percent recyclable, with each pitch producing up to 128 tons fewer greenhouse gas emissions than a standard synthetic pitch. That's equivalent to taking up to 27 cars off the road for one whole year. The City of Santa Ana has been selected to be part of Lay's RePlay project. Lay's RePlay has already installed soccer pitches in the following cities: Johannesburg, South Africa; Leicester, United Kingdom; Moscow, Russia; Istanbul, Turkey, and Sao Paulo, Brazil. The City of Santa Ana will be the first location in Northern America to have the Lay's RePlay project soccer pitch installed. The City has selected for this facility to be installed at Cesar Chavez Campesino Park. The following terms are incorporated into the agreement: Installation of Soccer Pitch: • Streetfootballworld, with Greenfields, will install the soccer pitch, which will include lighting and fencing, valued at approximately $150,000. Funding is provided by Frito-Lay Trading Company and UEFA Foundation for Children. • City shall not pay any amount for installation. • After installation, the City is to commit for a period of ten years to make the facility available, on mutually agreeable dates, to PureGame (an Orange County Nonprofit Youth Sports Organization) for programming. • The City will be responsible for maintenance of the facility. Branding of Soccer Pitch: • Branding requirements will be place for a period of 10 years from the date of completion of installation. • City agrees to allow certain specified branding elements to remain permanently affixed to the facility. These branding elements include on -turf branding consisting of a center circle with the Lay's logo and a rectangular UEFA Foundation for Children logo. • City agrees that side panels and rebound walls of the Pitch will be branded with the logos of Streetfootballworld, Lay's RePlay, and/or UEFA Foundation for Children. City Council 21 — 2 7/19/2022 Grant Agreement for Installation of a Mini -Pitch Soccer Field at Cesar Chavez Campesino Park July 19, 2022 Page 3 Limit on Advertising/Promotion: • For the first 12 months after completion of installation, City agrees not to promote any activities on the facility at the Park funded by commercial sponsors other than PepsiCo. • For the first ten years after completion of installation, City agrees not to promote any activities on the facility at the Park funded by any company selling packaged Term: snacks or soft drinks. The Grant Agreement is for a period of ten years and may be extended by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15 of the agreement. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City shall not pay any amount for installation of the field. The fiscal impact associated with this action is related to the ongoing maintenance of the field, estimated at $10,000- $20,000 per year. Maintenance of the field will be performed through a combination of Park Maintenance staff and contracted services. Funds are budgeted and made available in the following account: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description FY 22-23 01117651- General Park Maintenance $10,000-$20,000 Various Fund Service Enhancement, Annually Various EXHIBIT(S) 1. Agreement Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 21 — 3 7/19/2022 Exhibit 1 GRANT AGREEMENT BETWEEN CITY OF SANTA ANA AND STREETFOOTBALLWORLD THIS AGREEMENT is made and entered into on this day of July, 2022 by and between streetfootballworld plus GmbH, ("Grantor") a limited liability company based in Berlin, Germany, acting as the service provider within the Lay's Replay project which is funded by Frito-Lay Trading Company and UEFA Foundation for Children, 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" or "Grantee"). RECITALS 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: A. City has been selected to be part of Lay's RePlay project. The Lay's Replay project handbook 2021 is incorporated herein by reference. As part of the Lay's RePlay project, Lay's has partnered with the UEFA Foundation for Children to "bring football pitches to communities across the world, creating aplace for them to play the world's favorite sport;" B. Lay's reuses empty chip bags, giving them a second life, and transforms those bags into football (i.e. soccer) pitches; C. The RePlay project football pitch will have a net zero carbon footprint when compared to equivalent 3G installation and will include pitch contents that are 100% recyclable; D. Lay's Replay project has already installed football pitches in Johannesburg, South Africa; Leicester, United Kingdom; Turin, Italy and Sao Paulo, Brazil; and E. The City of Santa Ana will be the first location in Northern America to have the Lay's RePlay project football pitch installed. 1. GRANT PROVISIONS A. General Provisions The Grantor and City have a mutual responsibility to exercise good faith and fairness in all dealings. B. Installation of Football Pitch 1) Grantor, as part of the Lay's Replay project, and working with its Lay's Replay project partners UEFA Foundation for Children, Frito-Lay Trading Company, and TenCate Grass/GreenFietds will have installed a football pitch ("Pitch") at City's Cesar Chavez Campesino Park ("Park"). 2) Installation of the Pitch shall also include LED lighting and fencing. rr,����vv council 21 — 4 7/TMo ll1 #21U12'1v1 Exhibit 1 3) Installation of the Pitch, LED lighting, fencing and the support of the Replay partners through this Grant Agreement shall have a value equivalent to approximately one hundred and fifty thousand dollars ($150,000.00). The grant is funded by Frito-Lay Trading Company and UEFA Foundation for children. 4) City shall not pay any amount for installation of the Pitch. 5) Pitch will be in a location at the Park designated by City that is a minimum of 30 meters x 20 meters. Pitch specifications are outlined generally in the Lay's RePlay Handbook 2021 attached hereto as Exhibit A. The estimated site plan overview is outlined in Exhibit B. 6) Pitch will consist of a five -sided community soccer field. 7) Grantor shall ensure that installation of Pitch conforms to all applicable federal, state and local law. 8) Grantor shall ensure that RePlay partners and/or any subcontractors installing the Pitch shall obtain all required permits and approvals. 9) Grantor shall ensure that RePlay partners and/or any subcontractors installing the Pitch shall comply with all applicable building codes. 10) Once Pitch is installed City commits for a period of ten (10) years from the date of completion of installation to make Pitch available on mutually agreeable dates and time as part of the implementation and programming run by PureGame, an Orange County non-profit youth sports organization. In the event that PureGame is no longer in existence or otherwise unable to provide programming for the Pitch, City commits to work with another mutually agreeable local non-profit organization that conducts youth sports programming. Programming by PureGame or any other local non-profit organization for the Pitch will be subject to a separate agreement between the City and PureGame or other non-profit. 11) Upon completion of installation, Pitch will be maintained in accordance with its vendor's recommendations for user safety. 12) Upon completion of installation, payment of all subcontractors and acceptance of Pitch by City, City will become responsible for the continued maintenance of Pitch. C. Brandinu of Football Pitch 1) Branding set forth in this subsection will be required for a period of ten (10) years from the date of completion of installation. 2) City agrees to allow certain specified branding elements to remain permanently affixed to the Pitch. These branding elements include on turf branding consisting of a center circle with the Lay's logo and a rectangular UEFA Foundation for children logo. 3) City agrees to allow for the installation of four (4) fixed boards at the entrance to the Pitch. 4) City agrees that side panels and rebound walls of the Pitch will be branded with the logos of streetfootballworld, Lay's RePlay, and/or UEFA Foundation for children. 5) The branding is outlined generally in the Lay's RePlay Handbook 2021 attached hereto as Exhibit A. 6) Grantor and/or Lay's RePlay partners or subcontractors shall obtain all necessary permits and approvals for signage containing branding. 7) Grantor and/or Lay's RePlay partners may remove any branding required by this subsection at any time and for any reason during the Agreement. rr,����vv council 21 — 5 7/ 10 #21U12'1v1 Exhibit 1 D. Limit on Advertisine/Promotion l ) For the first twelve (12) months after completion of installation, City agrees not to promote any activities on the Pitch at the Park funded by commercial sponsors other than PepsiCo. 2) For the first ten (10) years after completion of installation, City agrees not to promote any activities on the Pitch at the Park funded by any company selling packaged snacks or soft drinks. 2. TERM This Grant Agreement shall commence on the date first written above for a period of ten (10) years and may be extended by a writing signed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 3. INDEPENDENT CONTRACTOR Grantor and all of Grantor's partners under Lay's Replay project shall, during the entire term of this Agreement, be construed to be independent contractors and not an employee(s) 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 Grantor and Grantor's partners perform the services which are the subject matter of this Grant Agreement; however, the services to be provided by Grantor and its partners shall be provided in a manner consistent with all applicable standards and regulations governing such services. Grantor and its partners 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. 4. INSURANCE Grantor shall procure and maintain from beginning of the construction works until acceptance of the installed Pitch by City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Grantor and/or any project partner(s), their- agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE- Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If general aggregate limit applies, either the general aggregatelimit shall apply rr,����vv council 21 — 6 7/ 10 #21U12'1v1 Exhibit 1 separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 Ol covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. B. If the Grantor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Grantor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. C. Other Insurance Provisions- The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) Additional Insured Status- The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Grantor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2) Primary Coverage- For any claims related to this grant agreement, the Grantor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Grantor's insurance and shall not contribute with it. 3) Notice of Cancellation- Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4) Waiver of Subrogation- Grantor hereby grants to City a waiver of any right to subrogation, which any insurer of Grantor may acquire against the City by virtue of the payment of any loss under such insurance. rr���tv� council 21 — 7 7/ p to #21U12'1v1 Exhibit 1 Grantor agrees to obtain any endorsement that maybe necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. D. Self -Insured Retentions- Self -insured retentions must be declared to and approved by the City. The City may require Grantor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. E. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the City. F. Verification of Coverage- Grantor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all *endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Grantor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. G. Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. H. Grantor will require all partners, subcontractors or other entities performing work pursuant to this Agreement to provide insurance coverage as required in this subsection of the Agreement. 5. PREVAILING WAGE Grantor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Grantor agrees to fully comply with such Prevailing Wage Laws and Grantor agrees that all Replay partners or subcontractors will be required to comply with all Prevailing Wage Laws. Grantor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. #21U1�1v rr�.%t� �1ounoil 21 — 8 7/10 Exhibit 1 6. INDEMNIFICATION Grantor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the construction and installation services of the Pitch described in section 1 of this Agreement except that the indemnification obligation of Grantor for the maintenance of the Pitch shall cease once the ownership of the Pitch passes to the City as specified in SectionlB(I2) of this Agreement. Notwithstanding the foregoing, to the extent services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Grantor. 7. INTELLECTUAL PROPERTY INDEMNIFICATION Grantor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the branding, signage or documents provided by Grantor or Replay project partners to the City pursuant to this Agreement. 8. CONFIDENTIALITY If Grantor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Grantor 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 hlformation" 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 Grantor disclosed in a publicly available source; (c) is in rightful possession of the Grantor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Grantor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Grantor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. rr,����vv council 21 — 9 7/ 10 #21U12'1v1 Exhibit 1 10. NON-DISCRIMINATION Grantor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Grantor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Grantor, 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 Waitten instrument signed by the City and by an authorized representative of Grantor. The parties agree that any terms or conditions of any document that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Grantor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral ly or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 12. TERMINATION This Agreement may be terminated by either Grantor or the City for good cause. A. Good cause shall include: 1) The other Party (1) entering voluntarily into liquidation, or at any time prior to the expiration of the term of this Agreement, ceasing to carry on business for whatever reason, or (2) breach of any material term of this Agreement that is not cured within thirty (30) days of written notice of such breach by the other Party; 2) The other Party files for bankruptcy or the Party's assets are subject to foreclosure proceedings that are not cancelled within four (4) weeks; and/or 3) There is a significant deterioration in the other Party's financial situation. B. Notice of termination insist be made in writing to the address set forth in this Agreement. C. City acknowledges that Grantor and the Replay partners have invested substantial time and money in the development of Lay's Replay pitch. In the event that City terminates this Agreement prior to the end of the term, City understands that Grantor and its partners will in turn assess whether the investment period has reached its maturity and breakeven point, including a cost analysis. Grantor and the Replay partners will determine whether the Pitch, its amenities, its branding, and its visible logos will remain intact in their intended form on the provided location of the Pitch or whether it would be dismantled to serve its 421rr,����vv council 21 — 10 7/ 0 10 U1�'1vl Exhibit 1 purpose elsewhere. 13. 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. 14. 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. 15. PROFESSIONAL LICENSES Grantor shall be responsible for obtaining and maintaining, throughout the term of this Agreement, 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 either by Grantor or by Grantor's subcontractors. Grantor 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. 16. 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 rr,����vv council 21 — 11 7/5 10 #21U12'1v1 Exhibit 1 With courtesy copies to: Executive Director, Parks, Recreation and Community Services Agency City of Santa. Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 To Grantor: streetfootballworld plus GmbH Waldenserstr. 2-4, Entrance E 10551 Berlin, Germany Attention: Johannes Axster, Managing Director And Agent for Service of Process: Ms. Lillie Barret -O'Keefe 195 Plymouth Street #509 Brooklyn, NY 112201 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. 17. ACCEPTANCE OF SERVICE OF PROCESS In the event that Grantee is served with a lawsuit or to other service of process related to or regarding this Grant Agreement, Grantor agrees and specifically accepts that service of process shall be made on Grantor's designated agent for service noted below. Grantor agrees that said agent for service is authorized to accept service of process on behalf of streetfootballworld and that streetfootballworld expressly agrees to be bound by the terms of this Agreement and to be subject to personal jurisdiction in Orange County, California, United States of America. Agent for Service of Process: Ms. Lillie Barret- O'Keefe 195 Plymouth Street#509 Brooklyn, NY 112201 rr,����vv council 21 — 12 7/TMo 10 #21U12'1v1 Exhibit 1 18. 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. This Agreement may be signed electronically and in counterparts with all counterparts being compiled into one original Agreement. C. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Grantor is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: f ct,n �,. Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA Kristine Ridge City Manager GRANTOR: Johannes Axster Managing Director Streetfootballworld plus 4212Mounci1 21 — 13 10 Exhibit 1 EXHIBIT A Lay's RePlay Handbook 2021 City Council 21 — 14 7/19/2022 94 w ray CLM �� & I o < N N O N LO N U C 7 O U W L O 0 O � % L W OO O 1�♦L W O N O •� Q L U o o C%fte MGM- i A' W O O t �, 00Q a }A' O O �y ^� NCL U O O /CL L � O � W o � � i ._ 0OL 6 -- CL w 7 G e 0 y » c 7 ) 7C) / 2 / - £ 7 E \ _0 \ 0 � ±§�ƒ ywpe e $ \ 3 F � o— \?yp & o �ZE \} L 44 0 /^ � .A ) / 5 \ & ■ x Q E � Q U CIE 00 N U O E O0 U L 0-O (D O Emilmomm V 02 0')� � Q o 0) 00 o L C C- Q U Q N - o30 U N -o 3 o E V o L'; U U Q� U F-EN C U N \\\ (D N O 3z E O O Q 0)7C3 C3 � O U O � U U U OU � _ U O CO�'N O ry}y0 O RV U \3 � � O a � a � E U O U O �(D Eo o � U -0 CD ch0 o 'p 00 I N U C 7 O U T 7 v d MA] � � � i 0 CL � � 4^ § ƒ �±±7 \ C- ollaI 0- J e 0 \ \ $ \ % o k ~ ®BEd.\ ± 2 ± o 0 §�?\:\ _o ƒ \ / 6 y 7 $ �D -0 0> o dE±.o2» ƒa w » 3 2 \ ƒ / ± u � � & / � CL = E E / 0 � 4 / 5 ■ en � � � 4^ E/ - b(® /a -_ «0/0 @ ©EE �� \ \j\se g essa7/ \ /- / /.E00 g � � CL # 5 / _. . �& � � • � � � > / % C / CL \./ � ± � ƒ\ƒ 0 / E _ 03\ 3{ \$ 2§/8 3/ �« \/// /- ®-£®.g=� \/) b 9 ® - t� _ �/ (D \E o©E _ _ \ §E®/E -®+° \/-\\ k= o o >G/_S I> asu # = z=� .�. . . » ^ ~ o ®� & S\/\\ \/ \/5 £K 70 °$�&k a� %/R00 \}\ .0 7\/>UoC3 /\\/ 7 e c£±._J gb/\§ �2 \2//\\$\\ �5 \ 2 � ( _0 7C5 � \ -of=-/= \\/s\ }/\\/8\.K.z\ 4 / 5 \ \ ■ � u U C C O > � U O y MGM- N H C� U C Q .� Co O O O O 0 W : � .o C O Z 3 a T W J E 0 a, Q T N I N U C 7 O U W (1) loomm _M u � MGM— � � .mmommom N ._ � s o c@ -0 a -0 r)& � C) U/®\822 fig§®E° G 2 » CL ./052 C) (D 5 /\ z_ LU 0 � � z LU , too) y p « a > e a \ \ Q\/2 Lu � Ua/5 O\\f > 2 � \ g { � ■ - MINE- CL � � � 0 L) J= V c � w 0 y� J �0 y /. ƒ 9 G z o 7 2 0^70 °%© d e �� \ /•- o 0 �� /� 0� E ± y 7y o u a o 2ƒ\$ 2 a § 9 /~ b n 0 K o- ®'_ / o M s 5 ±® y o®\± 0.> 2 = u aGy- ®oby dd\�± \ 0�02 §�E�± ±±»y©- «® 2 0 ± c d o 5 S 7> oa? 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RECOMMENDED ACTION 1. Authorize the City Manager to approve the Agreement between the City of Santa Ana ("City") and Arthur J. Gallagher, broker of record from July 1, 2022 to June 30, 2023, for insurance brokerage services, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to approve payment of insurance premiums and programs to Independent Cities Risk Management Authority ("ICRMA") for excess liability, property and workers' compensation and protection of all other City assets from July 1, 2022 to June 30, 2023 a. Excess Liability Program b. Excess Workers' Compensation Program c. Auto Physical Damage Program d. Property and Equipment Program e. Crime Program f. Cyber Program 3. Authorize the City Manager to approve payment of associated ICRMA program costs including but not limited to the 2022 City facilities appraisal and employee crisis and assistance program in an amount not to exceed $185,000. 4. Authorize the City Manager to approve payment of insurance premiums to Arthur J. Gallagher, Broker, for ancillary coverages of City's assets from July 1, 2022 to June 30, 2023. a. General Liability Buffer Program City Council 22 — 1 7/19/2022 ICRMA JPA Renewal / Broker Agreement / Associated Premiums and Costs July 19, 2022 Page 2 b. Workers' Compensation Buffer Program c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program e. Underground Storage Tank and Environmental Program 5. Authorize the City Manager to approve funding to cover FY 2022/23 City Special Events Insurance for events including but not limited to Fourth of July fireworks show, winter ice-skating events, and other City -sponsored events as created and held, in an amount not to exceed $300,000. 6. Authorize the City Manager to approve the City's obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000 for the period of July 1, 2022 to June 30, 2023. DISCUSSION Staff is recommending renewal with Independent Cities Risk Management Authority ("ICRMA"), a joint powers authority formed in 1980 in accordance with California Government Code Section 6500. ICRMA's purpose is to provide: i) excess and re- insurance to protect members from extensive financial debt due to large claims, settlements and judgments, ii) group insurance purchasing power that can offer broader coverage at a lower cost, iii) rate stability, and iv) protect individual member cities through pooling of losses, and self-insurance. ICRMA also offers to its' members actuarial services, appraisal services, safety trainings, claims audits, contract risk transfer consultation, and other miscellaneous services and resources. Currently comprised of 15 California cities, Santa Ana joined ICRMA in July 2019. For this renewal period, The City's Workers' Compensation coverage experienced an increase of approximately twelve percent (12%). This program coverage, which had been trending downward for the last two years, experienced this change primarily due to the increased number of claims during 2020 and 2021 related to COVID-19 exposures, testing, and treatment. The City's premiums for Liability and Property increased approximately twenty-one percent (21 %). The significant program increases occurred in coverages for liability, cyber and property primarily due to the following: 1. An insurance market with very few excess carriers willing to quote municipal government entities in California, primarily those with Police departments; 2. A continuing rise in jury awards and settlement amounts; 3. An increasing worldwide number and size of varying cyber-attacks; 4. A rising amount of ADA claims in both cyber and physical environments; and 5. The continual rise in costs for repair and replacement of damaged vehicles, property and equipment. City Council 22 — 2 7/19/2022 ICRMA JPA Renewal / Broker Agreement / Associated Premiums and Costs July 19, 2022 Page 3 QUOTED & ESTIMATED PREMIUMS & FEES WORKERS' COMPENSATION COVERAGES FY 2020/21 FY 2021/22 FY 2022/23 Excess Pool Workers' Compensation Program $ 386,000 $ 298,553 $ 345,678 Excess Workers' Compensation Buffer $ 194,000 $ 240,118 $ 257,356 Total $ 580,000 $ 538,671 $ 603,034 Percent Change -5% -7% 12% LIABILITY AND PROPERTY COVERAGES FY 2020/21 FY 2021/22 FY 2022/23 Excess Pool Liability Program $ 1,680,000 $ 3,936,181 $ 5,123,142 Auto Physical Damage Program $ 79,000 $ 119,215 $ 129,488 Property & Equipment Program $ 455,000 $ 472,724 $ 485,380 Crime Program $ 12,000 $ 11,914 $ 14,233 Cyber Program $ 31,000 $ 66,441 $ 111,964 Excess Liability Buffer $ 786,000 $ 993,265 $ 1,233,321 DIC Earth Movement & Flood $ 844,000 $ 985,856 $ 1,126,819 Terrorism $ 13,000 $ 12,330 $ 13,164 Underground Storage Tanks- Environmental $ 8,000 $ 10,157 $ 15,000 Total $ 3,908,000 $ 6,596,162 $ 8,855,546 Percent Change 22% 63% 21% ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted in the adopted FY 2022-23 Liability & Property insurance account No. 08009051-64010 for an estimated premium and administrative cost not to exceed $9,036,300. Funds are budgeted in the adopted FY 2022-23 Workers' Compensation insurance account No. 08209054-64010 for an estimated premium and administrative cost not to exceed $1,300,000. Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director - Finance and Management Services Agency EXHIBIT(S) 1. Agreement with Arthur J. Gallagher Insurance Brokers of California, Inc. For Insurance Broker Services, Client Service Agreement City Council 22 - 3 7/19/2022 ICRMA JPA Renewal / Broker Agreement / Associated Premiums and Costs July 19, 2022 Page 4 Submitted By: Jason Motsick, Executive Dir Human Resources Approved By: Kristine Ridge, City Manager City Council 22 — 4 7/19/2022 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF SANTA ANA AND ARTUR J. GALLAGHER INSURANCE BROKERS OF CALIFORNIA, INC. INSURANCE BROKER SERVICES THIS AGREEMENT is made and effective as of July 1, 2022, between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter referred to as "City"), and Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. a Corporation (hereinafter referred to as "Consultant"). Collectively, City and Consultant are also referred to as "party" or "parties." In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2022, and is subject to annual renewal at the mutual agreement in writing of both parties until June 30, 2025. Either party can cancel this Agreement with thirty (30) days' written notice to the other party. 2. SERVICES Consultant shall perform insurance brokerage services for the placement of the City of Santa Ana's ancillary insurance programs as outlined in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant for insurance premiums invoiced for insurance placements. b. Consultant will submit invoices for insurance premiums. Invoices shall be submitted once insurance coverage is bound. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 5. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers City Council 22 — 5 7/19/2022 and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from Risk Management Division of the Human Resources Department or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 7. INSURANCE Prior to undertaking work under this Agreement, Consultant shall maintain and shall require its subcontractors (if any) to obtain and maintain insurance as described below: a. Professional Liability or Errors and Omissions Insurance- appropriate to the consultant's profession with limits of no less than $1,000,000 per occurrence or claim. b. If consultant maintains broader coverage and/or higher limits than the minimums required by this Agreement, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimums limits of insurance and coverage shall be available to the City. c. For any claims related to the services performed pursuant to this Agreement, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. d. Each insurance policy required by this Agreement shall provide that coverage shall not be cancelled, except with notice to the City. e. Consultant hereby grants to the City and a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of City Council-__.`_._..7/19/2022 f. Claims made policies - I. The restorative date must be shown, and must be before the date of the Agreement or the beginning of work pursuant to this Agreement. II. Insurance must be maintained and evidence of insurance provided for at least five (5) years after completion of work specified in this Agreement. III. If coverage is cancelled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. g. Verification of Coverage Consultant shall furnish to the City original certificates for insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. h. Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 2 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. 9. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the City Council 22 — 7 7/19/2022 document delivery service or United States Mail as provided above. City: City of Santa Ana Attn: Clerk of Council 20 Civic Center Plaza, M-30 P.O. Box 1988 Santa Ana. CA 92701 With courtesy copies to: Risk Manager City of Santa Ana 20 Civic Center Plaza. M-28 P.O. Box 1988 Santa Ana, CA 92701 City Attorney City of Santa Ana 20 Civic Center Plaza, M-29 P.O. Box 1988 Santa Ana, CA 92701 To Consultant: Arthur J. Gallagher & Co., Insurance Brokers of California, Inc. Susan J. Blankenburg San Francisco, CA 94111 415-536-8417 Susan_Blankenburg@ajg.com The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 11. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 12. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in City Council 22 — 8 7/19/2022 the municipal, superior, or federal district court with geographic jurisdiction over the City of Santa Ana. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time not to exceed one year; (c) non -monetary changes in scope of work; (d) agreement termination. This section intentionally left blank City Council 22 — 9 7/19/2022 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF SANTA ANA By: Kristine Ridge City Manager ATTEST: By: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ol_ a'n {�. r Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Jason Motsick Executive Director Human Resources Department Arthur J. Gallagher & Co. M Riley Binford Area President CONSULTANT Susan J. Blankenburg 1255 Battery Street, Suite 450 San Francisco, CA 94111 (415) 536-8417 Susan Blankenburg(cDaig.com PM Initials: Date: City Council 22 — 10 7/19/2022 EXHIBIT A • The following outlines services provided by Gallagher over the term of this Agreement: • Use its best efforts to secure lines of insurance coverage on Client's behalf including but not limited to: General Liability Buffer, Workers' Compensation Buffer, Earth Movement & Flood and Difference in Coverage, Terrorism, and Underground Storage Tank and Environmental programs. • Consult with the City of Santa Ana to formulate a marketing strategy that focuses on delivering a cost-effective risk management strategy and structure based upon current market conditions. • Work with the City of Santa Ana to produce comprehensive underwriting data and criteria for insurance carrier negotiations. • Formally present coverage submissions to agreed upon insurance carrier(s) and negotiate terms on behalf of the City of Santa Ana. • Summarize the results of executing the marketing strategy developed with the City of Santa Ana and communicate program recommendations. • Provide consultation to the City of Santa Ana on exposures, existing coverage, and the desirability and/or feasibility of potential program changes when recommended by Gallagher or when requested by the Client. • Request change endorsements, when requested by the Client or when otherwise necessary, ensuring accuracy and delivery in a timely manner. • Administration of insurance program, including policy review and issuance, invoicing, coordination and/or issuance of required documentation, i.e., certificates of insurance, and other program administration, as required by the Client. • Review accounting and billing data received from insurance markets on Client's behalf to ensure accuracy. City Council 22 — 11 7/19/2022 Public Works Agency www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Construction Funding and Construction Engineering Services AGENDA TITLE Approve Appropriation Adjustments and the Second Amendment to the Agreement with Butier Engineering, Inc. to Increase the Agreement Amount by $376,000, for a Total Amount not to Exceed $1,612,924, for Construction Engineering and Inspection Services for the South Main Corridor Improvements Project (Project Nos. 17-9001, 20-6958, 21- 6461) (General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $291,000 from prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to re -appropriate FY 2021-22 general fund monies in the amount of $1,000,000 in the Public Works Revenues, Prior Year Carry Forward revenue account, and appropriate the same amount to the PWA Service Enhancements, Improvements Other Than Building expenditure account for the South Main Corridor Improvements Project (No. 17-9001). (Requires five affirmative votes) 3. Authorize budget reallocation of $130,144.72 in unspent HUTA 2103 Gas Tax funds to the Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No. 20-6958) from Gas Tax Local Street Improvements Project (No. 20-6956). 4. Authorize the City Manager to execute the second amendment to the agreement with Butier Engineering, Inc., for construction engineering and inspection services, to increase the agreement amount by $376,000, subject to non -substantive changes approved by the City Manager and the City Attorney. 5. Approve an amendment to the Project Cost Analysis in the amount of $ 1,421,144.72 for $130,144.72 in additional contingency funds, $291,000 in additional contract administration, inspection and testing, and $1,000,000 for public art related expenses. The new estimated total construction delivery cost is $23,005,389.72, subject to non - substantive changes approved by the City Manager and City Attorney. City Council 23 — 1 7/19/2022 South Main Corridor Appropriation Adjustments and Agreement Amendment July 19, 2022 Page 2 6. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $291,000 in construction funds for South Main Street Water Improvements Project (Project No. 21-6461). 7. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $130,144.72 in construction funds for Main Street Rehabilitation from Warner Avenue to Edinger Avenue (Project No. 20-6958). 8. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,000,000 in construction funds for South Main Street Corridor Improvement (Project No. 17-9001). DISCUSSION On January 19, 2021, the City Council awarded a construction contract to C.S. Legacy Construction for the South Main Street Corridor Improvements (Exhibit 1). The project's scope of work includes monument signs, enhanced lighting, hardscaping, landscaping, irrigation, traffic signals, signing, striping, street pavement rehabilitation, sewer main replacement, and water main repair over a 2.5-mile stretch of Main Street from First Street to Dyer Road. On September 21, 2021, the City Council approved appropriation adjustments and amendments to increase project contingencies and construction funding due to unforeseen utility conflicts. As a result of the increased scope of work associated with the utility issues, the project schedule has been extended by three months, requiring additional construction engineering activity. Staff recommends adding $291,000 in Water Utility Capital funding to cover increased construction engineering costs (Exhibit 2). In addition, the construction team was able to take advantage of favorable unit pricing and increase the amount of sidewalk, and curb and gutter replaced by the project. In order to account for the additional improvements, $130,144.72 in Gas Tax funding will be added to the project contingencies (Exhibit 2) through the reallocation of unspent project funds from the FY 2019-20 Gas Tax Local Street Improvement Project (No. 20-6956). In recent months, the desire for public art installations to reflect the history of South Main Street has grown within the community. Therefore, the Public Works Agency is partnering with the Community Development Agency and the Arts and Culture Commission to integrate public art along the South Main Street Corridor. Art will range from inspiring poems etched into the sidewalk, to art on cross walks, and artwork to be placed in bus shelters. The City of Santa Ana's Community Development Agency issued a Call for Public Art Proposals to artists or art teams with connections or ties to Santa Ana for original designs which will be embedded into the project along South Main Street between First Street and Warner Avenue. On December21, 2021, Council allocated $1,000,000 in General Fund City Council 23 — 2 7/19/2022 South Main Corridor Appropriation Adjustments and Agreement Amendment July 19, 2022 Page 3 monies for PWA Service Enhancement (South Main Corridor Public Art) in the First Quarter Budget Update. Staff recommends adding the $624,000 from the General Fund allocation to the South Main Corridor Improvements Project (No. 17-9001). The increased funding will allow for the implementation of the art, continued oversight and consistency in delivering the project (Exhibit 2). On January 19, 2021, the City Council also authorized the City Manager to execute an agreement with Butier Engineering, Inc., to provide construction engineering services for the South Main Corridor Improvement Project. On September 21, 2021, staff returned to City Council to amend the agreement by increasing compensation by $300,000, due to the increased project scope to address the utilities issues. Now, with the three-month project extension and the added art scope, the funds approved in the first amendment will not be sufficient to complete the project. Staff requests approval of an amendment to the agreement with Butier Engineering, Inc., to increase the agreement amount by an additional $376,000, for a total of $1,612,924 for construction engineering services (Exhibit 3). This funding will come from the remainder of the $1,000,000 General Fund allocation to the South Main Corridor Improvements Project (No. 17-9001). The increased agreement capacity will allow for continued oversight and consistency in delivering the project, including managing the art initiative (Exhibit 4). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. ER- 2020-103, ER-2020-105, ER-2020-109, and ER-2020-110 were filed for the project. FISCAL IMPACT Approval of the requested Appropriation Adjustments will provide the following funding: 1. Recognize $291,000 from prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account (No. 06017002-50001) and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-66301). 2. Re -appropriate FY 2021-22 general fund monies in the amount of $1,000,000 in the Public Works Revenues, Prior Year Carry Forward revenue account (No. 01117002- 50001) and appropriate the same amount to the PWA Service Enhancements, Improvements Other Than Building expenditure account (No. 01117017-66220), for the South Main Corridor Improvements Project (No. 17-9001). Approval of the request to reallocate funds will provide funding in the amount of $130,144.72 in unspent HUTA 2103 Gas Tax. City Council 23 — 3 7/19/2022 South Main Corridor Appropriation Adjustments and Agreement Amendment July 19, 2022 Page 4 All funds are available for expenditure in Fiscal Year 2022-23; however, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2023- 24 for expenditure. The following table summarizes the $1,421,144.72 that will be made available by this Council action to fund the additional construction costs: Fiscal Accounting Unit— Fund Accounting Unit — Year Account No. Description Account No. Amount Project No. Description APPROPRIATION ADJUSTMENTS Water Utility Capital 2022-23 06617647-66301 Water Projects, $291,000 ( Proj. 21-6461) Water Capital Project PWA Service 01117017-66220 Enhancement, 2022-23 (Proj. 17-9001) General Fund Improvements $1,000,000 Other Than Building REALLOCATION OF FUNDS Gas Tax HUTA 05917663-66220 Select Street 2103, 2022-23 (From Proj.20-6956 Construction Improvements $130,144.72 To Proj. 20-6958) Other Than Building Total: $1,421,144.72 EXHIBIT(S) 1. Location Map 2. Amendments to Fiscal Year 2022-23 CIP 3. Amendment to Agreement with Butier Engineering 4. Revised Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 23 — 4 7/19/2022 EXHIBIT 1 SANTA ANA fmmmm Project No. 17-9001,18-6911, 20-6958, 21-6451, 21-6461 & It PWA 19-6940 ,NRNCWORNS AGENCY South Main Street Corridor Improvements z){! (L oG: r !-, LU o r/; w;¥® o �=a Lu :pa R / �l,a IL \ ` kf \ § LU f w@! oyz! F- L) F- L) LU LU o®e o»e± a-/\ a- it k ) §z\- _ ±° $ 4 / 5 \ N m ;{( (J{ Z\ § w;ty o {�E Lu �=:®f w` o2=#!,: LU R#!>: CL zo �lr,! ' ( \ § \ LU Ez a4i F F 2/ƒ Lu o ;/ 0$7 a.\£ m6$ r: ) k « �§ k k E F- LL 0 )�} 0 / !\� 4 CD 5 \ CN m |� \\\ �#{} § ®:a w !,a (L mow`; � (() LU 'e4 Lu o CL / o,« §( ��� EE w@! a&i o~a ew; o-E e`! L) LU pie C, o«« a./\ m$$ LU � §.. §.. k k k k ( LL 0 0 n § }\All, .2f § �. ) / 5 \ CN m SECOND AMENDMENT TO AGREEMENT TO PROVIDE CONSTRUCTON ENGINEERING SERVICES FOR THE SOUTH MAIN CORRIDOR PROJECT THIS SECOND AMENDMENT to the above -referenced agreement is entered into on July 19, 2022 by and between Butier Engineering, Inc. ("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2021-005, dated January 19, 2021, by which Contractor agreed to provide construction engineering services for the South Main Corridor Project for the City's Public Works Agency ("Agreement"). The Agreement runs through January 18, 2024, with options to extend the Agreement for up to two (2) one (1) year periods. The Agreement is current and in effect. B. On September 21, 2021, the parties entered into a First Amendment to the Agreement (#A- 2021-186) to increase the overall compensation of the Agreement. C. The parties now wish to further amend the Agreement to increase the compensation to pay for services required for the duration of the Agreement, including any exercised extension periods. The Parties therefore agree: 1. Section 2, Compensation, subsection a, shall be amended to increase the compensation by $376,000. The total sum to be expended under this Agreement, including any extension periods, shall not exceed $1,612,924. 2. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [signatures continue on the next page/ City Council 23 — 9 7/19/2022 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney �7 By: Bran Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency BUTIER ENGINEERING, INC.: Name: /�i. Title:�r?6l/ Fs✓ v Zz/i v City Council 23 — 10 7/19/2022 COST ANALYSIS CONSTRUCTION OF PROJECT NOS. 17-9001, 18-6911, 20-6958, 21-6451, 21-6461, & 19-6940: SOUTH MAIN STREET CORRIDOR IMPROVEMENTS Current Cost Analysis Amendment Amount Updated Cost Analysis Construction Contract $ 12 759 695.00 $ 12 759 695.00 Contract Administration $ 1,087,191.00 $ 291,000.00 $ 1,378,191.00 Inspection and Testing $ 656,859.00 $ 656,859.00 Contin encies $ 7,080,500.00 $ 130,144.72 $ 7,210,644.72 Public Art $ $ 624,000.00 $ 624,000.00 Public Art Construction Management $ $ 376,000.00 $ 376000.00 TOTAL ESTIMATED CONSTRUCTION COSTS I $ 21,584,245.00 $ 1,421,144.72 1 $ 23,005,389.72 City Council 23 — 11 7/19/2022 Public Works Agency www.santa-ana.org/pw Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Real Property Sale AGENDA TITLE Adopt Resolution to Summarily Vacate a Portion of Santa Ana Boulevard, Authorize a Purchase and Sale Agreement and Approve an Appropriation Adjustment, in the amount of $130,000, for the Sale of City -owned Real Property Locate at 1247 W. Santa Ana Boulevard, to Rafael and Yolanda Ramos (Non -General Fund) RECOMMENDED ACTION 1. Adopt a resolution to Summarily Vacate excess Santa Ana Boulevard right of way east of Bristol Street. 2. Authorize the City Manager to execute a purchase and sale agreement with Rafael and Yolanda Ramos for the sale of City -owned property located at 1247 W. Santa Ana Boulevard (APN 008-082-29), in the amount of $130,000, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing revenue in the amount of $130,000 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2022-23 from the sale of City -owned property located at 1247 W. Santa Ana Boulevard (APN 008-082-29) and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. (Requires five affirmative votes) DISCUSSION On June 13, 2022, the City of Santa Ana Planning Commission adopted a resolution approving to vacate a portion of public right-of-way on Santa Ana Boulevard. As presented, during the course of the Bristol Street Improvement Project, the Public Works Agency acquired properties along the Bristol Street corridor. The subject property at 1247 W. Santa Ana Boulevard (APN 008-082-29) (Exhibit 1) was purchased from Rafael and Yolanda Ramos as part of the Bristol Street Improvements from 2nd Street to Civic Center Drive using Orange County Transportation Authority (OCTA) funding appropriated for this project. The purchase price was based on appraised values prepared by a state -licensed appraiser. A portion of this property remains unused and unneeded following project construction, and has been held for purposes of exchange or sale. City Council 24 — 1 7/19/2022 Purchase and Sale Agreement for 1247 W. Santa Ana Blvd. July 19, 2022 Page 2 The Ramos party has expressed interest in re -acquiring the subject remnant property in order to regain the Ramos Tire parking lot and upgrade their overall site (Exhibit 2). Selling the parcel to another party is challenging due to its small size and the lack of independent utilities. As such, staff recommends direct negotiations with Rafael and Yolanda Ramos to facilitate a sale of this property that will be mutually beneficial to all parties. After discussing with both adjacent property owners, Ramos was the only party that provided an offer to purchase the vacant lot within the requested timeframe. The property includes a portion of an area being vacated. This area was granted to the City prior to the Bristol Street Improvement project for public street widening and improvements, however is no longer required. The area is approximately 456 square feet, situated behind the existing public sidewalk (Exhibit 3). At this segment Santa Ana Boulevard is 80 feet wide, which is consistent with the proposed General Plan Mobility Element. This abandonment is being processed as a summary vacation given the area is not required for public street purposes (Exhibit 4). City staff recommends the action because the excess area offers no present of prospective use to the City. There are no visible utilities in the area, however an easement for existing utilities will be reserved in the resolution of vacation. This property is being disposed of in accordance with the California Surplus Lands Act, Government Code §54220 et seq. On April 21, 2020, the Santa Ana City Council adopted Resolution No. 2020-032 declaring various Properties as surplus land and directed the City Manager to comply with the requirements of Government Code Section 54220 for the sale of surplus land. On April 21, 2020, the City released Notices of Availabilities (" NOX) of surplus properties for a period of sixty (60) days. The NOA's were sent out to all "local public entities," as defined in Health and Safety Code Section 50079, within whose jurisdiction the surplus land is located and to "Housing Sponsors" that have notified the California Department of Housing and Community Development ("HCD") of their interest in surplus land. The NOA's were also sent to local parks agencies and school districts. The subject property is among those the City declared surplus for which no responses were received from entities receiving the notices of availability; or for which negotiations ended. With no other proposals, the City has completed all Surplus Land Act requirements for disposition. The proceeds from the sale of this property are considered restricted funds and will be used to reimburse the granting agencies, and/or to fund further transportation improvements within the same or similar project. General Plan Consistency Before the City can dispose of or acquire any real property, the Planning Commission reviews the proposed transaction for conformity with the General Plan as set forth in California Government Code Section 65402 (a): City Council 24 — 2 7/19/2022 Purchase and Sale Agreement for 1247 W. Santa Ana Blvd. July 19, 2022 Page 3 "If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if adopted general plan or part thereof applies thereto, until the location, or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof..." To determine whether the land disposition conforms to the General Plan, the Planning Commission evaluate whether the disposition carries out General Plan policies or is contrary to or would impede the implementation of General Plan policies. The sale of the surplus property located at 1247 W. Santa Ana Blvd., is consistent with the City's General plan and the project advances the following goals and policies of the General Plan: • Economic Prosperity Goal EP-1: Job Creation and Retention — Foster a dynamic local economy that provides and creates employment opportunities for all residents in the City. o Policy EP-1.9 Avoid Conflict of Uses — Avoid potential land use conflicts by prohibiting the location of sensitive receptors and noxious land uses in close proximity. The disposition of surplus land will allow the existing business to expand their operations by providing adequate parking to accommodate the existing business and will be consistent with the uses allowed under C5 Zone (Arterial Commercial) and consistent with the General Plan Land Use designation UN-30. • Economic Prosperity Goal EP-3: Business Friendly Environment— Promote a business friendly environment where business thrive and build on Santa Ana's strengths and opportunities. • Land Use Element Goal LU-2: Land Use Needs— Provide a balance of land uses that meet Santa Ana's diverse needs. o Policy LU-2.2 Capture Local Spending. Encourage a range of commercial uses to capture a greater share of local spending, and offer a range of employment opportunities. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed abandonment is exempt from further review per section 15305. Categorical Exemption ER No. 2022- 023 will be filed for this abandonment. City Council 24 — 3 7/19/2022 Purchase and Sale Agreement for 1247 W. Santa Ana Blvd. July 19, 2022 Page 4 FISCAL IMPACT Approval of the Appropriation Adjustment will recognize the receipt of $130,000 into the Select Street Construction Fund, Sale of Land revenue account (No. 05917002-57071) and appropriate the same into the OCTA Bristol Street Corridor Improvements Fund, Improvements Other Than Building expenditure account (No. 05917661-66220). These funds will be available for expenditure on the Bristol Street Corridor Improvement Projects. The table below summarizes the sales price and Bristol Project revenue. Parcel ID Sale Price Bristol Improvement Fund Account No. 05917661-66220 C-11 $130,000 $130,000 Total $130,000 $130,000 EXHIBIT(S) 1. Location Map — C11 2. Purchase and Sale Agreement— Rafael and Yolanda Ramos 3. Vacation Area 4. Abandonment Resolution Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 24 — 4 7/19/2022 IFGFNn: _ EXISTING PROPERTY LINE COMBINED PARCEL 5TH STREET 1 SANTA ANA BOULEVARD PARCEL C11 ZONING APPROK AREA COMMERCIAL 5,636 SF PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into this day of 2022 ("Effective Date"), by and between Rafael and Yolanda Ramos ("Buyer"), 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 (`Seller" or "City"). As used herein, Buyer and Seller may be referred to collectively as the "Parties," and each individually as a "Party." RECITALS A. City is the fee simple owner of that certain real property consisting of approximately 5,690 square feet, located at 1247 W. Santa Ana Boulevard (APN No. 008-082-29) Santa Ana, California, legally described in Exhibit "A" attached to this Agreement and incorporated into this Agreement in its entirety by this reference (the "Property"). B. On March 5, 2019, the Property was approved by the City for disposition through direct negotiations, without competitive bidding, in accordance with Santa Ana Municipal Code section 2-706.1. C. On April 21, 2020, the Santa Ana City Council adopted Resolution No. 2020-032 declaring the Property as surplus Land and directing the City Manager to comply with the requirements of California Government Code Section 54220 et seq. ("Surplus Land Act") for the disposition of the Property. D. On April 27, 2020, the City released a Notice of Availability ("NOA") of surplus property for the Property for a period of sixty days. This NOA was sent out to all " local public entities," as defined in Health and Safety Code section 50079, within whose jurisdiction the sruplus land is located, and to "Housing Sponsors" that have notified the California Department of Housing and Community Development ("HCD") of their interest in surplus land. The NOA was also sent to local parks agencies and school districts. E. The Property was among those for which either no responses were received by entities receiving the notices of availability or for which responses were received and good faith negotiations ended after a period of not less than 90 days without agreement to price and terms. F. City staff proceeded with direct negotiations to sell the land to Buyer, who is an adjacent property owner. G. City now desires to sell the Property to Buyer, and Buyer desires to purchase the Property from City, in accordance with the provisions of this Agreement. AGREEMENT NOW THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: City Council 24 — 6 7/19/2022 1. Incorporation of Recitals. The recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference. 2. Purchase and Sale; Purchase Price. 2.1 Purchase and Sale. Seller shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, subject to the terms and conditions set forth in this Agreement. 2.2 Purchase Price. The purchase price of the Property shall be One Hundred Thirty Thousand Dollars ($130,000.00 ). 3. Escrow. 3.1 Escrow Instructions. Within seven (7) days following the execution of this Agreement by the Parties, Buyer will open an escrow ("Escrow") with Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, CA 92660, Attn: Grace Kim (`Escrow Holder") for the purchase and sale of the Property. The "Opening of Escrow" shall mean the date on which a fitlly executed copy of this Agreement has been delivered to Escrow Holder. Escrow Holder shall confirm the Opening of Escrow to the Parties in writing. This Agreement constitutes joint escrow instructions to Escrow Holder. The Parties agree to execute such additional instructions consistent with the provisions of this Agreement, which may be required by Escrow Holder. As between the Parties, Buyer and Seller agree that, if there is any conflict between the terms of this Agreement and any Escrow Instructions required by Escrow Holder, the terms of this Agreement shall control. Buyer and Seller shall each furnish Escrow Holder with their respective Federal Tax Identification Numbers and such other information as is reasonably required by Escrow Holder. 3.2 Payment of Purchase Price. The Purchase Price for the Property shall be payable at Closing. If Seller has deposited into Escrow all documents and amounts required of Seller to close Escrow, including without limitation, the "Grant Deed" (as defined in Section 3.10 below), and complied with all of Seller's other obligations under this Agreement, then on or before the "Closing Date" (as defined Section 3.3 below) so as not to delay the "Close of Escrow" (as defined Section 3.3 below), Buyer shall deposit into Escrow the following in Acceptable Funds: (a) the Purchase Price and (b) the Escrow closing costs pursuant to the preliminary Escrow Closing statement furnished by Escrow Holder as provided below. 3.3 Close of Escrow. Subject to Sections 3.3.1 and 3.3.2, Escrow for the sale of the Property shall close on a date that is no later than thirty (30) days after the opening of Escrow (`Closing Date"), subject to reasonable extension as necessary in order to satisfy the conditions precedent and other requirements for the Close of Escrow. As used in this Agreement, "Close of Escrow" shall mean the date on -which the "Grant Deed" conveying fee title to the Property to Buyer is recorded in the Orange County Recorder's Office. 3.3.1 Conditions Precedent to Buyer Obligation to Close. Buyer's obligation to close Escrow and purchase the Property is expressly conditioned on the satisfaction of the conditions listed in this Section 3.3.1. If any such condition is not satisfied or waived by Buyer at or prior to the Close of Escrow, for any reason other than a default by Buyer, Buyer may, in its sole discretion and without limiting any of Buyer's legal remedies or City Council -2- 24 — 7 7/19/2022 remedies under this Agreement, terminate this Agreement by written notice to Seller. (1) Title Policv. Escrow Holder has issued or is irrevocably committed to issue to Buyer the "Title Policy" (as defined in Section 3.6 below) showing fee title vested in Buyer subject only to "Permitted Exceptions" (as defined in Section 3.5 below). (2) Representations and Warranties. Each of Seller's representations and warranties in this Agreement are materially true and accurate as of the Close of Escrow. (3) Seller Obligations. Seller is not in material default under this Agreement and each material obligation of Seller to be performed prior to the Close of Escrow, has been performed as required, including, without limitation the delivery of all documents required of Seller under this Agreement. (4) Possession. Seller is able, at the Close of Escrow to deliver exclusive possession of the Property to Buyer in accordance with this Agreement and does so. 3.3.2 Conditions Precedent to Seller Obligation to Close. Seller's obligation to close Escrow and sell the Property is expressly conditioned upon the satisfaction of the conditions listed in this Section 3.3.2. if any such condition is not satisfied or waived by Seller prior to the Close of Escrow for any reason other than a default by Seller, Seller may, in its sole discretion and without limiting any of Seller's legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Buyer. (1) Representations and Warranties. Each of Buyer's representations and warranties set forth in this Agreement are materially true and accurate as of the Close of Escrow. (2) Buyer's Obligations. Buyer is not in material default under this Agreement, and each material obligation of Buyer to be performed prior to the Close of Escrow hereunder has been performed as required. 3.4 Escrow Cancellation. 3.4.1 Char. (1) Seller's Default. If Escrow fails to close due to Seller's default, Seller shall pay all Escrow cancellation charges. "Escrow cancellation charges" means all fees, charges and expenses charged or passed on to the Parties by Escrow Holder, including all title expenses. Buyer shall be entitled to terminate this Agreement or bring an action against Seller for specific performance as its sole and exclusive remedies. (2) Buyer's Default. if Escrow fails to close due to Buyer's default, Buyer shall pay all Escrow cancellation charges and Seller shall be entitled to terminate this Agreement as its sole and exclusive remedy. City Council 24 — 8 7/19/2022 -3- (3) No Default. If Escrow fails to close and this Agreement is terminated for any reason other than a default by one of the Parties, Buyer and Seller shall evenly split any Escrow cancellation charges. 3.5 Permitted Exceptions to Title. As soon reasonably possible after the Opening of Escrow, Escrow Holder shall cause Commonwealth Land Title Company, in its capacity as title insurer ("Title Company"), to deliver to Buyer and Seller a current preliminary title report ("Title Report") together with legible copies of all underlying documents referenced therein (together with the Title Report, the "Title Documents"). The term "Permitted Exceptions" as used in this Agreement shall mean all of the following: (a) the Grant Deed; (b) the Affordable Housing Covenant; (c) non -delinquent real property taxes and assessments; (d) items and exceptions created by or with the written consent of Buyer, including documents to be recorded pursuant to this Agreement, and (e) the title exceptions shown on the Title Report but excluding any (i) "Disapproved Exceptions" as defined below that Seller, in its sole discretion, agrees to remove prior to the Close of Escrow as provided below and (ii) all monetary liens and monetary encumbrances on the Property, other than non -delinquent real property taxes and assessments which will be removed (meaning removal from title and not the issuance of an endorsement in connection therewith by the Title Company) from title by Seller at its sole cost and expense prior to the Close of Escrow. If Buyer objects to any title exceptions in its sole and absolute discretion ("Disapproved Exceptions"), Buyer shall deliver written notice ("Objection Notice") of same to Seller within ten (10) business days of delivery of the initial Title Report to Buyer. Seller shall act in good faith and reasonably to resolve any title exception in the Objection Notice. If Buyer fails to deliver an Objection Notice but delivers a "Notice of Approval", Buyer shall be deemed to have approved title to the Property subject to the Permitted Exceptions. If Buyer delivers an Objection Notice regarding a title exception and Seller, by delivery of written notice to Buyer within five (5) business days following receipt of the Objection Notice elects not to remove a material Disapproved Exception (Seller's failure to respond to a Buyer Objection Notice shall be deemed such an election), Buyer's sole remedies shall be with respect to the delivery of a Notice of Approval or delivery or deemed delivery of a Notice of Termination. 3.6 Title Insurance. Seller shall cause the Title Company to commit to issue to Buyer at the Close of Escrow a standard coverage ALTA Owner's policy of title insurance with mechanics lien endorsement (Seller shall provide, any indemnity or other agreement required by the Title Company as a condition to the issuance of the mechanics lien endorsement) ("Title Policy") insuring fee title to the Property vested in Buyer subject only to the Permitted Exceptions, with coverage in an amount equal to the Purchase Price. If Buyer requires an extended coverage ALTA Owners policy of title insurance, Buyer shall pay the difference in cost between the standard and extended coverage and the cost of any endorsements (other than a mechanics lien endorsement issued in connection with the standard coverage Title Policy which shall be at the cost of Seller) ("Buyer Title Costs"). Seller shall only be responsible for that portion of the cost of the Title Policy equal to the cost of a standard coverage title policy ("Seller Title Costs"). 3.7 Possession. Seller shall deliver possession of the Property to Buyer at the Close of Escrow subject only to the Permitted Exceptions and free of any tenancies and/or third patty claims of use or ownership. City Council 4- 24— 9 7/19/2022 3.8 Taxes, Assessments and Prorations. 3.8.1 Taxes. Only to the extent the Seller pays any property taxes or assessments on the Property, all current general and special taxes and assessments on the Property shall be prorated by Escrow Holder based upon the latest available information as shown in the tax statements provided to Escrow Holder by Seller, using customary escrow procedures in Orange County. Seller shall provide Buyer with written evidence of the payment or satisfaction of such taxes. Should the Property be part of a larger tax parcel ("Assessment Parcel") which as of the Close of Escrow remains unsegregated on the County Tax Assessor's Roll for the ensuing fiscal year, Escrow Holder shall charge Buyer and credit Seller for taxes and assessments allocated to the Property (based on unimproved value) based on the percentage of the total acreage of the Assessment Parcel located on the Property, which acreage figures for allocation purposes shall be fairly and equitably determined and supplied to Escrow Holder by Buyer and Seller. Buyer and Seller shall cooperate in good faith to cause the Property to be separately assessed and segregated in Buyer's name on the current tax roll. Any real property taxes or assessments levied under the Supplemental Tax Roll as aresult of the sale of the Property to Buyer, shall be the responsibility of Buyer. Any real property taxes or assessments levied raider the Supplemental Tax Roll as a result of transfers, improvements or other occurrences before the Close of Escrow shall be the responsibility of Seller. 3.8.2 General. All pro rations provided for herein shall be on an "actual day" basis and a three hundred sixty-five (365) day year. The provisions of this Section shall survive Close of Escrow. If either Party fails to pay its pro rata share of taxes or other expenses by the times herein provided, interest shall accrue on all unpaid amounts from when owing until paid at the maximum rate allowed by law. Any errors or omissions made in calculating adjustments and prorations shall be corrected promptly upon the discovery thereof. If any estimations are made at the Close of Escrow regarding adjustments or prorations, the Parties shall make the appropriate collection promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid to the Party entitled thereto within thitty (30) days after written request therefor and if not so paid interest shall accrue and be payable on same at the maximum rate allowed by law. 3.9 Closing. Buyer shall pay the cost of the Title Policy, the Escrow Fees and any applicable documentary transfer fees (considering Seller is a City) and recording fees, and all other costs and expenses incurred related to the purchase of the Property by Buyer. if required by Buyer's lender, Buyer shall also pay for the appraisal cost of the Property (collectively, "Closing Costs"). As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to Buyer and Seller. 3.10 Grant Deed. The transfer of ownership of the Property shall be documented through a Grant Deed in the form attached hereto as Exhibit "B" and incorporated herein by reference, conveying the Property to Buyer ("Grant Deed"). City Council -5- 24 — 10 7/19/2022 3.10.1 Affordable Housing Covenant in the Event of Residential Development. In accordance with California Government Code Section 54233, if 10 or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the Government Code. Buyer expressly agrees and consents that the requirements of this section shall be contained in a covenant or restriction recorded against the Property prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the Government Code. 3.11 Recordation and Delivery of Documents. No later than the business day immediately prior to the Closing Date, Buyer and Seller, as applicable, will deposit into Escrow the following documents (with the documents that are to be recorded in the following order and delivered as provided below): 3.11.1 Grant Deed. One (1) fully executed and acknowledged copy of the Grant Deed conveying the Property to Buyer. Conformed copies of the recorded Grant Deed shall be returned to Buyer and Seller as soon as possible. 3.11.2 Withholding Exemption Certificates. One (1) completed and executed copy of the following: Non -foreign Transferor Declaration; Preliminary Change in Ownership Report, Internal Revenue Service Form 1099-5, and California Franchise Tax Board Form 593 and any other applicable state tax withholding forms, as applicable. 3.11.3 Disbursement of Closing Documents. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver copies of all closing documents, including, without limitation, those listed above, the Title Policy, any additional escrow instructions and the final Escrow closing statement, to Seller's counsel and Buyer's counsel. 3.12 Seller's Proceeds. At the Close of Escrow, subject to Section 3.13 below, Escrow Holder is directed to wire funds representing Seller's cash proceeds through Escrow to Seller' s account as directed in separate written instructions to be provided by Seller. City Council 24 — 11 7/19/2022 -6- 3.13 Cal-FIRPTA Withholding. Unless this transaction is exempt under California Revenue and Taxation Code Sections 18805 and 26131, Escrow Holder shall be the "withholding agent" and withhold from proceeds due Seller any amounts required under the above code sections to be withheld by Buyer and pay same to the California Franchise Tax Board or Internal Revenue Service in accordance with applicable law. 3.14 Additional Documents. Seller and Buyer shall execute and deliver to Escrow any other documents reasonably required by Escrow Holder including, without limitation, Seller' s affidavits or statements regarding mechanics liens and /or tenants or parties in possession. 3.15 Termination of Property Contracts. Seller shall terminate any service contracts or similar agreement relating to the Property that the Buyer does not expressly elect in writing to assume which termination shall be effective as of the Close of Escrow. 4. Real Estate Brokerage Commission. Bayer and Seller each represent and warrant to each other that they have not incurred any obligation to any broker, agent or finder in connection with the Property, and that they have not incurred any obligation to pay any other real estate brokerage or other commission or fee in connection with the conveyance of the Property to Buyer. Buyer and Seller agree to indemnify, defend and hold each other free and harmless from and against all costs and liabilities, including without limitation reasonable attorneys' fees and the costs and expenses of litigation, for causes of action or proceedings in any way related to or resulting from a breach of the foregoing representation and warranty or arising out of any action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying Party, respectively, in connection with this transaction. Notwithstanding any provision in this Agreement, Seller shall not be obligated or otherwise responsible to pay any real estate brokerage or other commission or fee in connection with the conveyance of the Property to Buyer. 5. lnspections: AS -IS Condition of Property 5.1 Waiver of Inspections. Buyer and Seller agree that Buyer unequivocally waives any right to conduct independent investigations concerning (i) Buyer's proposed use, sale, development or suitability for development of the Property; (ii) the condition and all other attributes of the Property, including, without limitation all improvements located thereon; (iii) applicable laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property or any existing or proposed development or condition thereof, including but not limited to zoning, subdivision and other regulations; (iv) the necessity or availability of any specific plan or general amendments, rezoning, zone variances, conditional use permits, building permits, environmental impact reports, subdivision maps, public reports issued by the California Bureau of Real Estate and all other governmental permits, approvals or acts; (v) the necessity and existence of all dedications, fees, charges, costs or assessments which may be imposed by any Governmental Authority in connection with the proposed development of the Property; (vi) the value of the Property; (vii) the availability or adequacy of access to the Property, or of water, sewage, gas, electrical or other utilities serving the Property and (viii) the presence or adequacy of infrastructure or other improvements on, near or concerning the Property. City Council -7- 24 — 12 7/19/2022 5.2 No Representations or Warranties. Seller makes no representation or warranty, express or implied, to the Buyer relating to the condition of the Property or suitability of the Property for any intended use or development by the Buyer. 5.3 Acceptance of Property "AS -IS." Buyer shall accept all conditions of the Property, without any liability of the Seller whatsoever, in the Property's AS -IS, WHERE -IS, SUBJECT TO ALL FAULTS CONDITION, WITHOUT WARRANTY AS TO QUALITY, CHARACTER, PERFORMANCE OR CONDITION, and with full knowledge of the physical condition of the Property, the nature of the Seller's interest in and use of the Property, all laws applicable to the Property and of any and all conditions, restrictions, encumbrances and all matters of record relating to the Property. The Property is being acquired by Buyer as a result of its own knowledge of the Property and not as a result of any representation(s) made by the Seller or any employee, official, consultant or agent of the Seller relating to the condition of the Property, unless such statement or representation is expressly and specifically set forth in this Agreement. Seller hereby expressly and specifically disclaims any express or implied warranties regarding the Property, unless expressly and specifically set forth in this Agreement. 6. Warranties. 6.1 Seller's Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property from Seller, Seller makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Buyer. For all purposes of this Agreement, including Seller's representations and warranties contained herein, the phrase "to the best of Seller's knowledge" shall mean the current actual knowledge of Seller. If prior to the Close of Escrow, Buyer has actual Knowledge that any representation or warranty of Seller is untrue, inaccurate or incomplete in any material respect (and without waiving any of Buyer's rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Seller), Buyer may give Seller written notice of same and Seller shall have seven (7) days from the date of receipt of Buyer's notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) ("Seller Cure Period") to correct any factor or circumstance that makes such representation or warranty materially untrue or inaccurate to Buyer's reasonable satisfaction. If Seller fails to make such correction within the Seller Cure Period, then Buyer by written notice to Seller within three (3) days after the expiration of the Seller Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement, or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Seller. The foregoing is not a waiver or release of any of Buyer's rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Seller of which Buyer obtains knowledge after the Close of Escrow. 6.1.1 Authorization. Seller has full power and authority to enter into this Agreement and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement by Seller. Each individual or entity who has executed this Agreement on behalf of Seller has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Seller. City Council -8- 24 — 13 7/19/2022 6.1.2 Conflicting Agreements. Neither the execution or delivery of this Agreement, nor the consummation of the transaction contemplated herein, will conflict with, or result in a breach of, any contract, license or undertaking to which Seller is a party or by which Seller or any of the Property is bound, or constitute a default thereunder. In addition, with respect to any agreements that affect the Property, neither Seller nor any other party or parties to such agreements are in default thereunder nor are there any facts that currently exist which with the passage of time would result in any such default. To the best of Seller's knowledge, the Property is not subject to any prescriptive easements, claims of adverse possession, encroachments or similar rights or claims. The Property is not subject to any leases, options or other similar rights or claims in favor of any third parties. The Property is not subject to a Williamson Act contract or any similar agricultural agreement. 6.1.3 Proceedings. To the best of Seller's knowledge, no legal or administrative proceeding is pending or threatened against Seller or the Property nor are there any other facts or circumstances which would adversely affect (i) Seller's right to convey title to the Property to Buyer as contemplated in this Agreement, or (ii) Buyer's ability to own, develop and/or market the Property in the manner disclosed by Buyer to Seller. To the best of Seller's knowledge, there are no condemnation or eminent domain proceedings pending or threatened with respect to the Property. 6.1.4 Binding Agreement. This Agreement constitutes a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally. 6.1.5 Violations of Law. On the Effective Date and Close of Escrow neither this Agreement nor the Property shall be in violation of any law, ordinance, rule regulation, or administrative or judicial order. 6.1.6 Hazardous Materials. Seller has not stored or released, caused to be stored or released or approved the storage or release on the Property, of any "hazardous materials" (as defined below). To the best of Seller's knowledge, (a) no prior owner of the Property has stored or caused to be stored any hazardous materials on the Property; (b) no hazardous materials now exist in, on or under the Property in violation of any "environmental law" (as defined below); (c) there are no underground tanks on the Property nor have there ever been any underground storage tanks on the Property; (d) no use of or operations on the Property have occurred which use or operation has violated any applicable environmental law; and (e) the Property is not on any "Superfund" list under any applicable environmental law. As used herein, "environmental law" shall mean any and all present federal, state or local laws (whether common law, statute, rule, regulation or otherwise), permits, orders and any other requirements of Governmental Authorities relating to the environment City Council RM 24 — 14 7/19/2022 to any "hazardous materials" (as defined below) (including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable provisions of the California Health and Safety Code and California Water Code). As used herein, "hazardous materials" shall mean any (a) chemical, compound, material, mixture or substance that is now defined or listed in, or otherwise classified pursuant to any environmental law as a "hazardous substance," "hazardous material," "hazardous waste," "extremely hazardous waste," "infectious waste," "toxic waste," "toxic pollutant" or any other formulation intended to define, list or classify substances by reason of deleterious properties or effect and (b) petroleum, petroleum by- products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources. 6.1.7 No Assumed Obligations. There are no obligations or responsibilities of Seller with respect to the Property or otherwise of any kind that are assumed by Buyer. 6.1.8 Endan er¢ ed Species. To the best of Seller's knowledge, (a) there are no endangered or threatened species of animals, plants or insects on the Property, and (b) there are no environmental or biological characteristics of the Property or adjacent property, which under existing law will adversely affect Buyer's ability to own, develop and/or market the Property or the cost thereof. 6.1.9 Ownership of Property. Seller is the sole and only party that owns or holds any interest in the Property. 6.1.10 Property Documents. To the best of Seller's knowledge, the Property Documents and all other documents and information provided by Seller or its agents or consultants to Buyer are complete, true and accurate and do not omit any material fact, and there are no other documents, materials, studies, surveys or other information in the possession or control of Seller that would have a material and adverse effect on Buyer's ability to own, develop and/or market the Property. 6.1.11 Other Agreements. Except as set forth in the Property Documents and this Agreement, Seller has not made any commitment or representation to or entered into any agreement of any kind with any government authority, or any adjoining or surrounding property owner, group or other third party, which would in any way be binding on Buyer or all or any portion of the Property or would interfere in any way with Buyer's ability to own, develop, improve and/or market the Property, and will not make any such representations or warranties or enter into any such agreements which would City Council -10- 24 — 15 7/19/2022 affect the Property or any portion thereof prior to the Close of Escrow, without Buyer's written consent. 6.1.12 Access. There is full and unobstructed direct access to the Property from public streets, highways or roads that are adjacent to the Property. 6.1.13 Bankruptcv. No "Bankruptcy Event" (as defined below) has occurred with respect to Seller nor any member or manager of Seller. There is not pending or threatened any case, proceeding or other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or re - composition of Seller or any member or manager of Seller or seeking appointment of a receiver, trustee, custodian or similar official for Seller or any member or manager of Seller for all or any substantial part of its or their assets. "Bankruptcy Event" means (a) the making by a person of a general assignment for the benefit of such person's creditors, (b) the admission in writing by aperson of its inability to pay its or their debts as they mature, (c) an attachment, execution or other judicial seizure of any property interest which remains in effect, or (d) the failure to have taken or submission to any action indicating a general inability by a person to meet its financial obligations as they accrue. 6.1.14 Material Chance. Seller shall promptly notify Buyer if Seller obtains information that would make any of the representations or warranties contained herein materially inaccurate or misleading. 6.2 Buyer's Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Seller. For all purposes of this Agreement, including Buyer's representations and warranties contained herein, the phrase "to the best of Buyer's knowledge" shall mean the current actual knowledge of Buyer. If prior to the Close of Escrow Seller determines that any representation or warranty of Buyer is untrue, inaccurate or incomplete in any material respect (and without waiving any of Seller's rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Buyer), Seller may give Buyer written notice of same and Buyer shall have seven (7) days from the date of receipt of Seller's notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) (`Buyer Cure Period") to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Seller's reasonable satisfaction. If Buyer fails to make such correction within the Buyer Cure Period, then Seller by written notice to Buyer within three (3) days after the expiration of the Buyer Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Buyer. The foregoing is not a waiver or release of any of Seller's rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Buyer of which Seller obtains knowledge after the Close of Escrow. City Council -11- 24 — 16 7/19/2022 6.2.1 Authorization. Buyer has full power and authority to enter into this Agreement and to perform all of its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement. Each individual who has executed this Agreement on behalf of Buyer has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Buyer. 6.2.2 Binding Agreement. This Agreement constitutes a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally. 6.2.3 Compliance with Law. Buyer is required to carry out the development in conformity with all applicable laws, including all applicable building, planning and zoning laws, including any historic property regulations and environmental laws. 6.3 Natural Hazard Zone Disclosure. No later than seven (7) business days prior to the Property Approval Date, the Seller will, at its sole cost and expense, provide Buyer with a Natural Hazard Zone Disclosure required by applicable law. 6.4 Buyer and Seller Cooperation. Buyer shall submit plans for the Project to Seller, and Seller, in its capacity as the City within which the Project is located, will make the determination as to the required entitlements based upon Buyer's proposed plans. Buyer may then process and obtain the Project Entitlements through Seller in its capacity as the City within which the Project Entitlements is located. Nothing in this Agreement shall be deemed to be a prejudgment or commitment with respect to exercise of governmental discretion with regard to such items, nor a guarantee that such approvals or permits will be granted at all or within any particular time or with or without any particular conditions. 7. Destruction/Condemnation of Property: Other Notices. In the event that all or any portion of the Property is damaged or destroyed by any casualty tinder the provisions of applicable law after the Effective Date but prior to the date of Closing, Seller shall give Buyer immediate written notice of the same. 8. Indemnification. 8.1 Obligations. Seller shall Indemnify Buyer and Buyer shall Indemnify Seller against any wrongful intentional act or negligence of the Indemnitor. Buyer shall also Indemnify Seller against any and all of the following: (a) any damage to the Property caused by the Investigations of the Property by Buyer; and (b) any accident, injury or damage whatsoever caused to any person in or on the Property by Buyer prior to the Closing. Notwithstanding anything to the contrary in this Agreement, no Indemnitor shall be required to Indemnify any Indemnitee to the extent of the Indemnitee's wrongful intentional acts or negligence. 8.2 Limitation on Liability of the Seller. Following the Close of Escrow, the Buyer is and shall be responsible for operation of the Property and the Project, and the Seller shall not be liable for City Council 24 — 17 7/19/2022 -12- any injury or damage to any property (of the Buyer or any other person) or to any person occurring on or about the Property or the Project, except to the extent caused by the Seller's wrongful intentional act or negligence. 8.3 Strict Liability. The indemnification obligations of an Indemnitor shall apply regardless of whether liability without fault or strict liability is imposed or sought to be imposed on one or more Indemnitees. 8.4 Independent of Insurance Obligations. Buyer's indemnification obligations under this Agreement shall not be construed or interpreted as in any way restricting, limiting, or modifying Buyer's insurance or other obligations under this Agreement and is independent of the Buyer's insurance and other obligations under this Agreement. Buyer's compliance with its insurance obligations and other obligations under this Agreement shall not in anyway restrict, limit, or modifythe Buyer's indemnification obligations under this Agreement and are independent of the Buyer's indemnification and other obligations under this Agreement. 8.5 Survival of Indemnification and Defense Obligations. The indemnity and defense obligations under this Agreement shall survive the expiration or earlier termination of this Agreement, until all claims against any of the Tndemnitees involving any of the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes of limitations. 8.6 Independent Duty to Defend. The duty to defend under this Agreement is separate and independent of the duty to Indemnify. The duty to defend includes claims for which an Indemnitee may be liable without fault or strictly liable. The duty to defend applies immediately upon notice of a claim, regardless of whether the issues of negligence, liability, fault, default or other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, regardless of whether the Indemnitee has paid any amounts or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an Indemnitor's duty to defend the Indemnitee, at any stage of any claim or suit, within the scope of the Indemnitor's indemnity obligations under this Agreement. 8.7 Indemnification Procedures. Wherever this Agreement requires any Indemnitor to Indemnify any Indemnitee: 8.7.1 Prompt Notice. The Indemnitee shall promptly notify the Indemnitor of any claim. To the extent, and only to the extent, that the hldemnitee fails to give prompt Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity for such claim, the Indemnitor shall be relieved of its indemnity obligations for such claim. 8.7.2 Selection of Counsel. The Indemnitor shall select counsel reasonably acceptable to the Indemnitee. Counsel to Indemnitor's insurance carrier that is providing coverage for a claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall defend the action, Indemnitee may, at its option and its own expense, engage separate counsel to advise it regarding the claim and its defense. The Indemnitee's separate counsel City Council 24 — 18 7/19/2022 -13- may attend all proceedings and meetings. The Indemnitor's counsel shall actively consult with the Indemnitee's separate counsel. The htdemnitor and its cotmsel shall, however, fully control the defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for such claim. 9. Miscellaneous. 9.1 Notices. Any notice, request, demand, instruction or other document required or permitted to be given or served hereunder or under any document or instrument executed pursuant hereto will be in writing and will be delivered personally or sent by United States registered or certified mail, return receipt requested, postage prepaid or by overnight express courier, postage prepaid and addressed to the parties at their perspective addresses set forth below, and the same will be effective upon the date of confirmed dispatch, if by electronic communication receipt if delivered personally or via overnight express courier or on the third Business Day after deposit if mailed. A party may change its address for receipt of notices by service of a notice to such change in accordance herewith. Buyer and Seller hereby agree that notices may be given hereunder by the parties' respective counsel and that, if any communication is to be given hereunder by Buyer's or Seller's counsel, such counsel may communicate directly with all principals as required to comply with the provisions of this Section. If to Buyer: Rafael and Yolanda Ramos 16285 Mount Islip Cir Fountain Valley, CA 92708 If to Seller: City of Santa Ana 20 Civic Center Plaza M-30 Santa Ana, CA 92702 Attu: Clerk of the Council with a copy to: City of Santa Ana 20 Civic Center Plaza M-21 Santa Ana, CA 92702 Attn: Executive Director of Public Works 9.2 No Third Party Beneficiaries. Notwithstanding any provision contained in this Agreement to the contrary, this Agreement is intended as and shall be deemed to be an agreement for the sale of assets and none of the provisions hereof shall be deemed to create any obligation or liability of any person that is not a Party, whether under a third -party beneficiary theory, laws relating to transferee liabilities or otherwise. Buyer shall not assume and shall not be obligated to discharge or be liable for any debts, liabilities or obligations of Seller including, but not limited to, any (a) liabilities or obligations of Seller to its creditors, shareholders, members, partners, .managers, or owners, (b) liabilities or obligations of Seller with respect to any acts, events or transactions occurring prior to, on or after the Close of Escrow, (c) liabilities or obligations of Seller for any federal, state, county or local taxes, or (d) any contingent liabilities or obligations of Seller, whether known or unknown by Seller or Buyer. Buyer shall have no duty whatsoever to take any action or receive or make any payment or credit arising from or related to any services provided or costs incurred in connection with the Property prior to the Close of Escrow, including, City Council -14- 24 — 19 7/19/2022 but not limited to, any matters relating to cost reports, collections, audits, hearings, or legal action arising therefrom. 9.3 Further Instruments. Each Party will, whenever and as often as it shall be reasonably requested to do so by the other, cause to be executed, acknowledged or delivered any and all such further instruments and documents as may be necessary or proper, in the reasonable opinion of the requesting Party, in order to carry out the intent and purpose of this Agreement. 9.4 Calculation of Time Periods; Business Day; Time of Essence. Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is not a Business Day, in which event the period shall run until the end of the next day which is a Business Day. The last day of any period of time described herein shall be deemed to end at 5:00 p.m. local time in the state in which the Real Property is located. As used herein, the term "Business Day" means any day excluding Saturdays, Sundays and State and National holidays and any day the City is closed. Subject to the foregoing provisions, time is of the essence of this Agreement. 9.5 Entire Agreement; Amendments. This Agreement (including the documents delivered pursuant to this Agreement), constitutes the entire agreement of the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements or letters of intent of the Parties. This Agreement may not be amended, modified, or supplemented except by a written instrument signed by an authorized representative of each of the Parties. 9.6 Survival. All covenants, agreements, representations, warranties and indemnities contained in this Agreement shall survive the execution and delivery of this Agreement and the Close of Escrow and the delivery and recordation of all documents or instruments in connection therewith. 9.7 Binding Effect; Enforcement. The covenants, agreements, representations, and warranties contained herein will be binding upon, be enforceable by and inure to the benefit of the representatives, successors, and permitted assigns of the respective parties hereto. 9.8 Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to, the laws of the State of California applicable to contracts made and to be performed entirely therein. 9.9 Venue. in the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be the Superior Court of Orange County and the Parties hereby agree to and do hereby submit to the jurisdiction of such court. 9.10 Attorneys' Fees. If any Party to this Agreement shall bring any action or proceeding for any relief against the other, declaratory or otherwise, in any way arising out of or in connection this Agreement and/or the Property, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys' fees and costs (including without limitation expert witness fees) incurred in bringing or defending such action or proceeding or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final judgment. Any judgment or order entered in such action or proceeding shall contain a specific provision providing for the recovery of attorneys' fees and costs, separate from the judgment, incurred in enforcing such judgment. The prevailing Party shall be City Council 24 — 20 7/19/2022 -15- determined by the trier of fact based upon an assessment of which Party's major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other Party's major arguments or positions on major disputed issues. For the purposes of this Section, attorneys' fees shall include, without limitation, fees incurred in the following: (4)post-judgment motions; (2)contempt proceedings; (1) garnishment, levy and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation. 9.11 Construction. The provisions of this Agreement shall not be construed in favor of or against either Party, but shall be construed as if both Parties prepared this Agreement. 9.12 Interpretation. The paragraph and section headings in this Agreement are solely for convenience and will not be deemed to limit or otherwise affect the meaning or construction of any part of this Agreement. Any pronoun used in this Agreement will be deemed to cover all genders. The terms "include," "including," and similar terms will be construed as if followed by the phrase "without being limited to." The term "or" has, except where otherwise indicated, the inclusive meaning represented by the phrase "and/or." The words "hereof," "herein," "hereby," "hereunder," and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision or section of this Agreement. Words in this Agreement importing the singular number will mean and include the plural number, and vice versa. 9.13 No Waiver. No waiver by a Party of a breach of any of the terms, covenants, or conditions of this Agreement by the other shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition contained herein. No waiver of any default by a Party shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by either Party to or of any act by the other requiring the first Party's consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent or approval to or of any subsequent similar acts by the other Party. 9.14 Severability of Provisions. Wherever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement will be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 9.15 Incorporation of Exhibits. Except as intentionally omitted, all exhibits attached hereto and referred to herein are incorporated into the Agreement as though fully set forth herein. 9.16 Counterparts. This Agreement may be executed in any number of counterparts and by different Parties to this Agreement in separate counterparts, each of which when so executed and delivered will be deemed original, but all such counterparts, together, will constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document. This Agreement will become effective upon the execution and delivery of a counterpart hereof by each Party to this Agreement. A signature of a Party to this Agreement sent by facsimile, electronic mail (including a scanned portable document format copy sent by electronic mail), or other electronic transmission will have the same force and effect as delivery of an original signature of such Party. City Council -16- 24 — 21 7/19/2022 9.17 Amendments. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, except by written instrument signed by the Parties hereto. IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date. U 0-mit Daisy Gomez City Clerk APPROVED AS TO FORM Sonia R. Carvalho City Attorney By. �' � John M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency Exhibits: Exhibit "A" — Legal Description of the Property Exhibit `B" — Form of Grant Deed CITY OF SANTA ANA Kristine Ridge City Manager 'Mm ft City Council _17_ 24 — 22 7/19/2022 City Council -18- 24 — 23 7/19/2022 EXHIBIT "A" LEGAL DESCRIPTION - 1247 WEST SANTA ANA BOULEVARD All right title and interest of Seller in and to that certain real property located in Santa Ana, Orange County, California, described as follows: See Exhibits A, B, C, and D attached. APN# 008-082-29 City Council 24 — 24 7/19/2022 Exhibit "A" HUITT Z MAKS _ HUITT ZOLLARS, INC.- 2603 Main Sveet - Suite 400 -Irvine, CA 92614-4250 - 949.988.5815 phone - 949,988.5820 far - haill-zollors.com R101432.06 (D) 09-04-13 EXHIBIT "A" LEGAL DESCRIPTION PORTION OF A.P. NO. 008-082-29 That portion of the land allotted to Julian Chavez in Decree of Partition of the Rancho Santiago De Santa Ana, in the City of Santa Ana, County of Orange, State of California, recorded in Book "B" of Judgments of the 17t1' Judicial District Court of California, described as follows: Commencing at the centerline intersection of Bristol Street and Santa Ana Boulevard, formerly Fourth Street, as said intersection is shown on Tract No. 75, in said City of Santa Ana, as shown on the map filed in Book 10, Page 15 of Miscellaneous Maps, in the office of the County Recorder of said County; thence North 00°37'40" East 54.91 feet along said centerline of Bristol Street to the beginning of a curve concave Westerly having a radius of 2000.00 feet; said curve being the Construction Centerline of said Bristol Street; thence leaving said centerline of Bristol Street along said Construction Centerline of Bristol Street Northerly 110.15 feet along said curve through a central angle of 03°09'20" to the Westerly prolongation of the Northerly line of Lot 4 of said Tract No. 75; thence leaving said Construction Centerline non -tangent along said Westerly prolongation South 89'13'50" East 75.12 feet to a point on a non -tangent curve concave Westerly having a radius of 2075.00 feet, a radial of said curve to said point bears North 87°35'29" East, said non -tangent curve being concentric with and 75.00 feet Easterly of said Construction Centerline, thence leaving said Westerly prolongation Southerly 109.96 feet along said concentric curve through a central angle of 03'02'11" to a line being parallel with and 75.00 feet Easterly of said centerline of Bristol Street; thence leaving said concentric curve along said parallel line South 00°37'40" West 1.33 feet to the Northerly line of Parcel 3 as described in the Grant Deed recorded June 1, 1976 in Book 11757, Page 7 of Official Records, in the office of said County Recorder, said Northerly line being a non -tangent curve concave Northeasterly having a radius of 25.00 feet, a radial of said curve to said point bears South 22°26'33" West; thence leaving said parallel line along said Northerly line of Parcel 3 and the Northerly line of Parcel 2 of last said Grant Deed, the following courses: Southeasterly and Easterly 9.46 feet along said curve through a central angle of 21 °40'23" to a line being parallel with and 52.00 feet Northerly of said centerline of Santa Ana Boulevard, and along last said parallel line South 89° 13'50" East 36.05 feet to the Westerly line of said Lot 4; thence leaving said Northerly City Council 24 — 25 7/19/2022 y/R101432.06/a/1/008-082-29-CityToOwner/zk/jIg EXHIBIT "A" R101432.06 (D) LEGAL DESCRIPTION -CONTINUED 09-04-13 PORTION OF A.P. NO. 008-082-29 PAGE 2 line and said parallel line, along said Westerly line of Lot 4 North 00046110" East 113.00 feet to the Northwest corner of said Lot 4; thence leaving said Westerly line along said Westerly prolongation North 89°13'50" West 48.47 feet to the TRUE POINT OF BEGINNING. Containing an area of 5,234 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. NO. 6343 12/31/2014 AMES L. GARVIN, PLS 6343 City Council 24 — 26 q/R 101432.06/M/008-082-29-CityToOwner/zk/jlg 7/19/2022 RAD CENTERLINE .W FIFTH STREET VARIES t'ai3�2j / Q +NB973'50'W ��P 123.5.9 / T.P.O.B ;s—T 75.12' 48.47' ro o ^� 75' 5234 SQ. FT. t I Q lu _� �O cc m I \ � N22'26'3="E 20, RAD• :W v N'LY LINE PARCEL 3 11757/7 O.R. i z ——N8973'50"W 120.15' POC LJ r r `N'LY LINE LOT 4 rr?A c r Alo, J/1,J/I 10116 o °} O o W LJ r 4 z .W J o J O z 0 v ap,1. LANp ---f SANTA ANA BOULEVARD �S L. 04y`G�L COURSE AND CURVE DATA (FORMERLY FOURTH STREET) y Q A=03 02'11 " R=2, 075 00' L=109.96' NO. 6343 a O N0037'40 £ 1.33' '. 12/31 /2014 * 3O a2140'23" R=25.00' L=9.46' N8973'50"W 36.05' BY 9-4.2013 EXHIBIT 'B' SAN� PORTION OF A.P. NO. 008-082-29 PWASKETCH TO ACCOMPANY U LEGAL DESCRIPTION 1 0.\10143206\MAP143206\DWG\£X\143206J£X02.DWG HUITf ZOLLARS HUITT ZOLLARS, INC. - 2603 Main Street • Snae 400 , Irvine, CA 92614-4250 • 949.988.5815 phone I Y49,988,5820 lax -hail,-zoll"rs com R101432.06 09-04-13 EXHIBIT "A" LEGAL DESCRIPTION (PARCEL 2, BOOK 11757, PAGE 7, O.R.) That portion of the land allotted to Julian Chavez in Decree of Partition of the Rancho Santiago De Santa Ana, in the City of Santa Ana, County of Orange, State of California, recorded in Book "B" of Judgments of the 171h Judicial District Court of California, described as follows: Commencing at the centerline intersection of Bristol Street and Santa Ana Boulevard, formerly Fourth Street, as said intersection is shown on Tract No. 75, in said City of Santa Ana, as shown on the map filed in Book 10, Page 15 of Miscellaneous Maps, in the office of the County Recorder of said County; thence North 00°37'40" East 54.91 feet along said centerline of Bristol Street to the beginning of a curve concave Westerly having a radius of 2000.00 feet; said curve being the Construction Centerline of said Bristol Street; thence leaving said centerline of Bristol Street along said Construction Centerline of Bristol Street Northerly 110.15 feet along said curve through a central angle of 03009'20" to the Westerly prolongation of the Northerly line of Lot 4 of said Tract No. 75; thence leaving said Construction Centerline non -tangent along said Westerly prolongation South 89°13'50" East 75.12 feet to a point on a non -tangent curve concave Westerly having a radius of 2075.00 feet, a radial of said curve to said point bears North 87°35'29" East, said non -tangent curve being concentric with and 75.00 feet Easterly of said Construction Centerline, thence leaving said Westerly prolongation Southerly 109.96 feet along said concentric curve through a central angle of 03'02'11" to a line being parallel with and 75.00 feet Easterly of said centerline of Bristol Street; thence leaving said concentric curve along said parallel line South 00°37'40" West 1,33 feet to the Northerly line of Parcel 3 of the Grant Deed recorded June 1, 1977 in Book 11757, Page 7 of Official Records, in the office of said County Recorder, said Northerly line being a non -tangent curve concave Northeasterly having a radius of 25.00 feet, a radial of said curve to said point bears South 22°26'33" West; thence leaving said parallel line along said Northerly line of Parcel 3 and the Northerly line of Parcel 2 of last said Grant Deed, the following courses: Southeasterly and Easterly 9.46 feet along said curve through a central angle of 21 °40'23" to a line being parallel with and 52.00 feet Northerly of said centerline of Santa Ana Boulevard and along last said parallel line South 89°13'50" East 36.05 feet to the Westerly line of said Lot 4; thence leaving said Northerly line and said parallel line along said Westerly line of Lot 4 South 00°46'10" Fast 12.00 feet to the Southwest corner of said Lot 4; said Southwest corner being on a line parallel with and 40.00 feet Northerly of said centerline of Santa Ana Boulevard; thence leaving said Westerly line along last said parallel line North 89°13'50" West 31.65 feet to a point on enid parnllPl line being distant thereon South 89°13'50" East 88.60 feet from the City Council 24 — 28 7/19/2022 q/R101432.06/a/I/PartialVacation-11757-7/zkllg EXHIBIT "A" R101432.06 (D) LEGAL DESCRIPTION -CONTINUED 09-04-13 (PARCEL 2, BOOK 11757, PAGE 7, O.R.) PAGE 2 intersection of said parallel line with said centerline of Bristol Street; thence leaving said parallel line North 44°12'13" West 19.29 feet to a point on said line being parallel with and 75.00 feet Easterly of said centerline of Bristol Street, said point being distant thereon South 00°37'40" West 1.45 feet from the Northerly terminus of said course described herein above as having a bearing and distance of "South 00°37'40" West 1.33 feet"; thence along last said parallel line North 00°3740" East 0.12 feet to the TRUE POINT OF BEGINNING. Containing an area of 456 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. NO. 6343 P. 12/31/2014 JAMES L. GARVIN, PLS 6343 City Council 24 — 29 y/R101432.06/a/I/Partial V a cation- 11757-7/zk/jtg 7/19/2022 Ear. CENTERUNE uy a 11 1Qc 1 FIFTH STREET I VARIES �RP0,2, I L J r —N8973'50 W 123.5.9 75.12' �� 48.47 — NLY LINE LOT 4 zC la ~ ( I m N22.26'33 CaJ I RAD• 71;' I -T?A/ C r J\10, 16 N � o 1 z n h ou w r L O rI J ll o JQ�n\ it Z � TJV JW f �•S 20' 'A7 HEREON 5 SOUTHWEST CORNER LOT 4 tLu o ^ N8973'50"W 88.60' rn N897350"W °o 0 $� 31.65' h�oo 0 N89'13'50"W 120.15' W P.O.C. kG SANTA ANA BOULEVARD IOC Q NP�pL L'CNO s (FORMERLY FOURTH STREET) 7h/ W O ' v�5 c4°�� COURSE AND CURVE DATA 75' I �C Qi A-0302'11" R=2,075.00' L=109.96' EXP.O. 6343 2/ 1/2014 0 N0037'40"E 1.33' o w Z * 3O a21 4023" R=2500' L=9.46' DETAIL 'A" O N89'13'50"W 36.05'W NTS 6 OF A� SO N44'12'13"W 19.29' 5 .0 © N0037'400E 0.12' ,ED BjXDD ��p0N OR4,V e 9-4-20�3 EXHIBIT r B° /SANTA�ANA SKETCH TO ACCOMPANY �r P WA LEGAL DESCRIPTION 0. \10143206\MAP143206\DWG\EX\143206JEX03.DWG EXHIBIT "B" FORM OF GRANT DEED [see attached] City Council 24 — 31 7/19/2022 Exhibit `B" AT THE REQUEST OF AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Attention: City Clerk GRANT DEED SPACE ABOVE FOR RECORDER'S USE DEED NO. 8829 For a valuable consideration, receipt of which is hereby acknowledged: The City of Santa Ana, a California charter city in the County of Orange of the State of California ("Grantor" or "City"), hereby grants to Rafael and Yolanda Ramos, individuals ("Grantee"), that certain real property described in Exhibit "A" attached hereto and incorporated herein by this reference together with (a) all improvements owned by Grantor and located on the Property and all fixtures contained in any such improvements, and (b) any and all easements, rights -of -way, privileges, rights and appurtenances benefiting, appertaining or belonging to the Property, including, without limitation, any and all streets and roads (whether opened or proposed) abutting the Property, riparian rights, water or water rights and stock evidencing any such water rights, and/or oil, gas or other minerals laying under the Property ("Property"). EXECUTED ON , in , California. CITY: THE CITY OF SANTA ANA, a California charter city in the County of Orange of the State of California By: — Name: Its: ATTEST: M. City Clerk APPROVED AS TO FORM: City Attorney City Council Exhibit "4 — 32 7/19/2022 -1- [NOTE: All signatures must be notarized] City Council Exhibit "4 — 33 7/19/2022 -2- City Council Exhibit " _ 34 7/19/2022 -3- City Council 24 — 35 7/19/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING EXCESS RIGHT-OF-WAY AT 1247 WEST SANTA ANA BLVD WHEREAS, California Streets and Highways Code section 8334(a) authorizes the City of Santa Ana to summarily vacate excess right-of-way of a street or highway not required for street purposes; and WHEREAS, pursuant to California Government Code section 65042(a), street vacations must first be submitted to and reported upon by the Planning Commission for conformance with the General Plan; and WHEREAS, the City is the fee simple owner of that certain real property consisting of approximately 5,690 square feet, located at 1247 West Santa Ana Boulevard (APN No. 008-082-29), Santa Ana, California ('Property"), which is a remnant parcel that is unused and remaining from the Bristol Street Improvement Project; and WHEREAS, having satisfied the requirements of the Surplus Lands Act, California Government Code section 54220 et seq., the City intends to sell the Property; and WHEREAS, the Property frontage includes a portion of public right-of-way, approximately 456 square feet in size, that was originally granted to the City prior to the Bristol Street Improvement Project, as described on Exhibit A and shown on Exhibit B ("Vacation Area"); and WHEREAS, the public right-of-way comprising the Vacation Area is excess and no longer required for public street purposes, as determined by the City's Public Works Agency; and WHEREAS, following an earlier finding of conformity with the City's General Plan by the Planning Commission, as reported by the Planning Commission, the City now desires to summarily vacate the Vacation Area so that it will revert to the buyers of the Property upon the sale of the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The recitals set forth above are adopted as findings in support of this Resolution. City Council 24 — 36 7/19/2022 Resolution No. 2022-XXX Page 1 of 3 Section 2. The Vacation Area, as described on Exhibit A and shown on Exhibit B, is hereby vacated pursuant to Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code, except for the reservation of easement described herein. Section 3. The vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment. This vacation is also exempt from CEQA review under section 15305(c) (minor alterations in land use limitations) of the State CEQA Guidelines. Section 4. The City hereby reserves and excepts from vacation, pursuant to section 8340 of the California Streets and Highways Code, the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated. Section 5. The Clerk of the Council is hereby directed to cause a certified copy hereof, attested under seal, to be recorded in the Office of the Recorder of Orange County. Section 6. The Vacation Area shall not be deemed vacated until this Resolution is recorded. From and after the date this Resolution is recorded, the Vacation Area no longer constitutes a street easement. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this_ day of July, 2022. Vicente Sarmiento Mayor City Council 24 — 37 7/19/2022 Resolution No. 2022-XXX Page 2 of 3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ohn M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2022 - to be the original resolution adopted by the City Council of the City of Santa Ana on 2022. Date: Clerk of the Council City of Santa Ana City Council 24 — 38 7/19/2022 Resolution No. 2022-XXX Page 3 of 3 HUITf ZOLLARS HUITT ZOLLARS, INC. - 2603 Main Street • Snae 400 , Irvine, CA 92614-4250 • 949.988.5815 phone I Y49,988,5820 lax -hail,-zoll"rs com R101432.06 09-04-13 EXHIBIT "A" LEGAL DESCRIPTION (PARCEL 2, BOOK 11757, PAGE 7, O.R.) That portion of the land allotted to Julian Chavez in Decree of Partition of the Rancho Santiago De Santa Ana, in the City of Santa Ana, County of Orange, State of California, recorded in Book "B" of Judgments of the 171h Judicial District Court of California, described as follows: Commencing at the centerline intersection of Bristol Street and Santa Ana Boulevard, formerly Fourth Street, as said intersection is shown on Tract No. 75, in said City of Santa Ana, as shown on the map filed in Book 10, Page 15 of Miscellaneous Maps, in the office of the County Recorder of said County; thence North 00°37'40" East 54.91 feet along said centerline of Bristol Street to the beginning of a curve concave Westerly having a radius of 2000.00 feet; said curve being the Construction Centerline of said Bristol Street; thence leaving said centerline of Bristol Street along said Construction Centerline of Bristol Street Northerly 110.15 feet along said curve through a central angle of 03009'20" to the Westerly prolongation of the Northerly line of Lot 4 of said Tract No. 75; thence leaving said Construction Centerline non -tangent along said Westerly prolongation South 89°13'50" East 75.12 feet to a point on a non -tangent curve concave Westerly having a radius of 2075.00 feet, a radial of said curve to said point bears North 87°35'29" East, said non -tangent curve being concentric with and 75.00 feet Easterly of said Construction Centerline, thence leaving said Westerly prolongation Southerly 109.96 feet along said concentric curve through a central angle of 03'02'11" to a line being parallel with and 75.00 feet Easterly of said centerline of Bristol Street; thence leaving said concentric curve along said parallel line South 00°37'40" West 1,33 feet to the Northerly line of Parcel 3 of the Grant Deed recorded June 1, 1977 in Book 11757, Page 7 of Official Records, in the office of said County Recorder, said Northerly line being a non -tangent curve concave Northeasterly having a radius of 25.00 feet, a radial of said curve to said point bears South 22°26'33" West; thence leaving said parallel line along said Northerly line of Parcel 3 and the Northerly line of Parcel 2 of last said Grant Deed, the following courses: Southeasterly and Easterly 9.46 feet along said curve through a central angle of 21 °40'23" to a line being parallel with and 52.00 feet Northerly of said centerline of Santa Ana Boulevard and along last said parallel line South 89°13'50" East 36.05 feet to the Westerly line of said Lot 4; thence leaving said Northerly line and said parallel line along said Westerly line of Lot 4 South 00°46'10" Fast 12.00 feet to the Southwest corner of said Lot 4; said Southwest corner being on a line parallel with and 40.00 feet Northerly of said centerline of Santa Ana Boulevard; thence leaving said Westerly line along last said parallel line North 89°13'50" West 31.65 feet to a point on enid parnllPl line being distant thereon South 89°13'50" East 88.60 feet from the City Council 24 — 39 7/19/2022 q/R101432.06/a/I/PartialVacation-11757-7/zkllg EXHIBIT "A" R101432.06 (D) LEGAL DESCRIPTION -CONTINUED 09-04-13 (PARCEL 2, BOOK 11757, PAGE 7, O.R.) PAGE 2 intersection of said parallel line with said centerline of Bristol Street; thence leaving said parallel line North 44°12'13" West 19.29 feet to a point on said line being parallel with and 75.00 feet Easterly of said centerline of Bristol Street, said point being distant thereon South 00°37'40" West 1.45 feet from the Northerly terminus of said course described herein above as having a bearing and distance of "South 00°37'40" West 1.33 feet"; thence along last said parallel line North 00°3740" East 0.12 feet to the TRUE POINT OF BEGINNING. Containing an area of 456 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. NO. 6343 P. 12/31/2014 JAMES L. GARVIN, PLS 6343 City Council 24 — 40 y/R101432.06/a/I/Partial V a cation- 11757-7/zk/jtg 7/19/2022 Ear. CENTERUNE uy a 11 1Qc 1 FIFTH STREET I VARIES �RP0,2, I L J r —N8973'50 W 123.5.9 75.12' �� 48.47 — NLY LINE LOT 4 zC la ~ ( I m N22.26'33 CaJ I RAD• 71;' I -T?A/ C r J\10, 16 N � o 1 z n h ou w r L O rI J ll o JQ�n\ it Z � TJV JW f �•S 20' 'A7 HEREON 5 SOUTHWEST CORNER LOT 4 tLu o ^ N8973'50"W 88.60' rn N897350"W °o 0 $� 31.65' h�oo 0 N89'13'50"W 120.15' W P.O.C. kG SANTA ANA BOULEVARD IOC Q NP�pL L'CNO s (FORMERLY FOURTH STREET) 7h/ W O ' v�5 c4°�� COURSE AND CURVE DATA 75' I �C Qi A-0302'11" R=2,075.00' L=109.96' EXP.O. 6343 2/ 1/2014 0 N0037'40"E 1.33' o w Z * 3O a21 4023" R=2500' L=9.46' DETAIL 'A" O N89'13'50"W 36.05'W NTS 6 OF A� SO N44'12'13"W 19.29' 5 .0 © N0037'400E 0.12' ,ED BjXDD ��p0N OR4,V e 9-4-20�3 EXHIBIT r B° /SANTA�ANA SKETCH TO ACCOMPANY �r P WA LEGAL DESCRIPTION 0. \10143206\MAP143206\DWG\EX\143206JEX03.DWG Public Works Agency www.santa-ana.org/pw Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Real Property Acquisition for Warner Avenue Street Improvements AGENDA TITLE Authorize a Purchase Agreement in the Amount of $785,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Maria Gamboa) (Project No. 18-6901) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a purchase agreement with property owner Maria Arellano De Gamboa, as Successor Trustee of the Gamboa Declaration of Trust, U/A Dated April 27, 1998, for the full property acquisition and goodwill (if any) of the real property located at 2247 S Evergreen Street (APN 016-211-26) in the amount of $785,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving the one -mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from a four -lane roadway to a six -lane arterial to address safety issues and provide adequate vehicular capacity. Also included is the installation of parkways, raised median landscaping, storm drains, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 2 of the Warner Avenue Improvements Project, bounded by Oak Street and Grand Avenue. Construction is anticipated to begin in spring 2023. The recommended property acquisition (Exhibit 1) is necessary to accommodate the street improvements. The mutually agreed upon purchase offer was determined based on the appraised value prepared by a California State licensed appraiser and accepted by the property owner (Exhibit 2). The proposed improvements for the project originated as a mitigation measure for the Tustin Legacy Project, which involves the redevelopment of the former Tustin Marine Corps Air Station as a mixed -use commercial, residential, and industrial project. As such, the City of City Council 25 — 1 7/19/2022 Real Property Purchase Agreement — Warner Avenue Improvements, Phase 2 July 19, 2022 Page 2 Tustin agreed to partially fund the improvements on Warner Avenue between Main Street and Grand Avenue. ENVIRONMENTAL IMPACT On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT Funds in the amount of $785,000 are budgeted and available in the Warner Avenue Improvements Project (No. 18-6901) for property acquisition expenditures in FY 2022-23 as follows: Fiscal Accounting Accounting Unit, Year Unit —Account Fund Description Account No. Amount No. Description 2022-23 03217663-66100 Measure M- Measure M2 Competitive $588,750 Street Construction Street, Land Select Street Warner Ave -Tustin 2022-23 05917668-66100 Construction Community Facilities $196,250 (City of Tustin District, Land Contribution) TOTAL $785,000 EXHIBIT(S) 1. Location Map 2. Purchase Agreement — APN 016-211-26 Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 25 — 2 7/19/2022 EXHIBIT 1 z I m EVERGREEN ST w Q w z a 3 4 I , I , 1 � I � I i' I , I I EVERGREEN ST STANDARD AVE MATCHLINE LEGEND: SEE TOP RIGHT -SUBJECT PROPERTY -ACQUIRED PROPERTIES EXHIBIT 1 MATCHLINE SEE BOTTOM LEFT HATHAWAY ST SANTA ANA TITLE: PURCHASE AGREEMENTS FOR WARNER AVENUE ■ P W A ■ IMPROVEMENTS (PROJECT NO 18-6= Council7/1 EXHIBIT 2 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on 2022, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Maria Arellano De Gamboa, as Successor Trustee of the Gamboa Declaration of Trust, U/A Dated April 27, 1998 (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2247 S. Evergreen Street, Santa Ana, CA 92707) (APN 016-211-26) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach, California within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Seven Hundred Eighty Five Thousand Dollars and no/100 Dollars ($785,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. City Council 25 — 4 7/19/2022 4. Escrow. City agrees to open an escrow at the office of Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to. the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Seven Hundred Eighty Five Thousand Dollars and no1100 Dollars ($785,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: a. Conveyance of said real property by Seller to City as hereinabove provided; b. Acceptance by City of a Grant Deed conveying said real property to City; City Council 25 — 5 7/19/2022 c. Delivery to City of the policy of title insurance as hereinabove provided; d. Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen days (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. City Council 25 — 6 7/19/2022 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 2247 S. Evergreen Street, Santa Ana, CA 92707. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and City Council 25 — 7 7/19/2022 Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governina Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. City Council 25 — 8 7/19/2022 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, 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. 30. Incorporation of Exhibits All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. City Council 25 — 9 7/19/2022 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Maria Arellano De Gamboa, as Successor Trustee of the Gamboa Declaration of Trust, U/A Dated April 27, 1998 /L�It�t�'� �atiaEJFJb Maria Arellano De Gamboa Successor Trustee City/Buyer City of Santa Ana Kristine Ridge City Manager Attest: Daisy Gomez City Clerk Approved as to Form: John M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency Date: , 2022 Date: Date: Date: Date: May 20 2022 2022 2022 2022 City Council 25 — 10 7/19/2022 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 25 IN BLOCK A OF TRACT NO. 1541, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 45, PAGES 48 AND 49 OF MISCELLANEOUS MAPS, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 0 16-211-26 City Council 25 — 11 7/19/2022 EXHIBIT "B" (Fidelity National Title) GENERAL ESCROW PROVISIONS 1. DEPOSIT OF FUNDS The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's escrow and/or sub escrow account prior to disbursement of any funds. Only wire -transferred funds can be given immediate availability upon deposit. Cashiers checks, teller's checks and Certified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire transferred. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks. Deposit of funds into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit your funds into an interest bearing account by signing and returning the "Escrow Instructions - Interest Bearing Account", which has been provided to you. If you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more general escrow cost accounts, which include both non -interest bearing demand accounts and other depository accounts of Escrow Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insurance Corporation (the "depository institutions") and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates. either within or outside the State of California. A general escrow trust account is restricted and protected against claims by third panics and creditors of Escrow Holder and its affiliates. Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such genera( escrow trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided with an array of bank services, accommodations or other benefits by the depository institution. Some or all of these benefits may be considered interest due you under California Insurance Code Section 12413.5. Escrow Holder or its affiliates also may elect to enter into other business transactions with or obtain loans for investment or other purposes from the depository institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of such services, accommodations, interest or other benefits. Said funds will not cam interest unless the instructions otherwise specifically stale that funds shall be deposited in an interest -bearing account. All disbursements shall be made by check of Fidelity National Title Company. The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow I-Ioldet's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reservc System, and recommends that all parties make themselves aware of banking regulations with regard to placement of wires. In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON -INTEREST BEARING ACCOUNT UNTIL THE: NEXT OPPORTUNITY FOR WIRE PLACEMENT. 2. PRORATIONS AND ADJUSTMENTS All prorations and/or adjustments called for in this escrow are to he made on the basis of a thirty (30) day month unless otherwise instructed in writing. You are to use information contained on last available tax statement, rental statement as provided by the Seller, beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for herein. 3. SUPPLEMENTAL TAXES The within described property may be subject to supplemental real property taxes due to the change of ownership taking place through this or a previous escrow transaction. Any supplemental real property taxes arising as a result of the transfer of the property to Buyer shall be the sole responsibility of Buyer and any supplemental real property taxes arising prior to the closing date shall be the sole responsibility of the Seller. TAX BILLS OR REFUNDS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 4. UTILITIES/POSSESSION Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow. 5. PREPARATION AND RECORDATION OF INSTRUMENTS Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and conditions of this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow shall mean the date instruments are recorded. 6, AUTHORIZATION TO FURNISH COPIES You are authorized to famish copies of these instructions. supplements, amendment& notices of cancellation and closing statements, to the Real Estate Brokers) and Lender(s) named in this escrow. General Provisions Printed I/I/0001 12:00 AM by JK E1000076 (DSI Rev. 05/191171 Paee 1 City Council 25 — 12 7/19/2022 7. RIGHT OF CANCELLATION Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall, within two (2) working days thereafter, deliver, one copy of such notice to each of the other principals at the addresses stated in this escrow. UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH DELIVERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a court of competent jurisdiction. 8. PERSONAL PROPERTY No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. By signing these General Provisions, the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any and all matters relating to any "Bulk Sales" requirements, and instruct Escrow Agent to proceed with the closing of escrow without any consideration of matter of any nature whatsoever regarding "Bulk Sales" being handled through escrow. 9. RIGHT OF RESIGNATION Escrow Holder has the right to resign upon written notice delivered to the principals herein. If such right is exercised, all funds and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder. 10. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES Either Buyer, Seller and/or Lender may hand you the insurance agent's name and insurance policy information, and you are to execute, on behalf of the principals hereto, form assignments of interest in any insurance policy (other than title insurance) called for in this escrow, forward assignment and policy to the insurance agent, requesting that the insurer consent to such transfer and/or attach a loss payable clause and/or such other endorsements as may he required, and forward such policy(s) to the principals entitled thereto. It is not your responsibility to verify the information handed you or the assignability of said insurance. Your sole duty is to forward said request to insurance agent at close of escrow. Further, there shall be no responsibility upon the part of Escrow Ilolder to renew hazard insurance policy(s) upon expiration or otherwise keep it in force either during or subsequent to the close of escrow. Cancellation of any existing hazard insurance policies is to be handled directly by the principals, and outside of escrow. 11. ACTION IN 1NTERPLEADER The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you shall thereupon he fully released and discharged from all obligations imposed by the terms of this escrow or otherwise. 12. TERMINATION OF AGENCY OBLIGATION If there is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the principals or otherwise, the fees and charges due Fidelity National Title Company, including expenditures incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically). 13. CONFLICTING INSTRUCTIONS Upon receipt of any conflicting instructions. you are to take no action in connection with this escrow until non -conflicting instructions are received from all of the principals to this escrow (subject to sections 7.9. 11 and 12 above). 14. DELIVERY/RECEIPT Delivery to principals as used in these instructions unless otherwise stated herein is to be by hand in person to the principal, regular mail, email or fax to any of the contact information provided in these instructions. If delivered by regular mail receipt is determined to be 72 hours after such mailing. All documents, balances and statements due to the undersigned may be delivered to the contact information shown herein. All notices, change of instructions, communications and documents are to be delivered in writing to the office of Fidelity National Title Company as set forth herein, 15. STATE/FEDERAL CODE NOTIFICATIONS According to Federal Law, the Seller, when applicable, will be required to complete a sales activity report that will be utilized to generate a 1099 statement to the Internal Revenue Service. General Provisions Printed: I/I/0001 12:00 AM by JK ElON076 (DSI Rev. 05/19/17) Page 2 City Council 25 — 13 7/19/2022 Pursuant to State Law, prior to the close of escrow. Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report. In the event said report is not handed to Escrow Holder for submission to the County in which subject property is located, upon recording of the Grant Deed, Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall debit the account of Buyer for same at close of escrow. 16. NON-RESIDENT ALIEN The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide in part, that a transferee (buyer) of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS) within twenty (20) days after the transfer. Fidelity National Title Company will not determine nor aid in the determination of whether the FIRPTA withholding provisions are applicable to the subject transaction, nor act as a Qualified Substitute under state or federal law, nor furnish tax advice to any party to the transaction. Fidelity National Title Company will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyer's behalf for the purpose of supporting a claim of an exception or exemption. Fidelity National Title Company is not an agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a U.S. citizen or resident alien. Fidelity National Title Company is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the buyer. Fidelity National Title Company is not responsible for the completion of any IRS documents or related forms related to the referenced statute. The buyer is advised: they must independently make a determination of whether the contemplated transaction is subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction: and they are responsible for the completion of any and all forms, including but not limited to applicable IRS documentation, and the mailing of those fortes. The Buyer is advised any forms, documents, or information received from Fidelity National Title Company is not tax or legal advice and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside counsel from a qualified individual to determine any and all implications of the referenced statute. 17. ENCUMBRANCES Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any amount later determined to be correct shall be settled between the parties direct and outside of escrow. You are authorized, without the need for further approval, to debit my account for any fees and charges that I have agreed to pay in connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the title as insured by the policy of title insurance called for in these instructions. If for any reason my account is not debited for such amounts at the time of closing, 1 agree to pay them immediately upon demand, or to reimburse any other person or entity who has paid them. 18. ENVIRONMENTAL ISSUES Fidelity National Title Company has made no investigation concerning said property as to cnvironmental/toxic waste issues. Any due diligence required or needed to determine environmental impact as to forms of toxification, if applicable, will be done directly and by principals outside of escrow. Fidelity National Title Company is released of any responsibility and/or liability in connection therewith. 19. USURY Escrow Holder is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any responsibility or liability therefore. 20. DISCLOSURE Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to these instructions. 21. FACSIMILE/ELECTRONIC SIGNATURE Escrow Holder is hereby authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed documents or instructions to Escrow Holder, you are to rely on the same for all escrow instruction purposes and the closing of escrow as if they bore original signatures. "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. 22. CLARIFICATION OF DUTIES Fidelity National Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto. Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such instruments, or other documents received by Escrow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow Holder. The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties. General Provisions Printed. 1/1/0001 12:00 AM by JK F1000076 (DSI Rev. 05/IW17) Paae 3 City Council 25 — 14 7/19/2022 23. FUNDS HELD IN ESCROW When the company has funds remaining in escrow over 90 days after close of escrow or estimated close of escrow, the Company shall impose a monthly holding fee of S25.00 that is to be charged against the funds held by the Company. THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR HEIRS, LEGATEES. DEVISEES, ADMINISTRATORS, EXECUTORS. SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER. AND THE SINGULAR NUMBER INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT 1 HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. Fidelity National Title Company conducts escrow business under a Certificate of Authority No. 305350 issued by the California Department of Insurance. General Provisions E1000076 (DSI Rcv. 05/19/17) Page 4 Printed. 1 / 1 /0001 12.00 AM by J K City Council 25 — 15 7/19/2022 Public Works Agency www.santa-ana.org/pw Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: On -Call Advance Traffic Management System Repair Services AGENDA TITLE Approve an Agreement with Crosstown Electrical & Data Inc., for On -Call Repair Services of Advance Traffic Management and Communication Systems in an Amount not to Exceed $500,000 for up to a Five -Year Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Crosstown Electrical & Data Inc. to provide on -call repair services and routine maintenance for the advance traffic management and communication system for a three-year period beginning July 19, 2022 and expiring July 18, 2025, with a provision for two, one-year extensions exercisable by the City Manager, in an amount not to exceed $100,000 annually, and $500,000 for the term of the agreement, including extension periods, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Traffic Management Center (TMC) is composed of several computerized systems that control the traffic signals, closed circuit television cameras, and communication network. These systems utilize twisted pair cables, fiber optic cables, wireless, and other methods to provide communication between the TMC and field equipment. These communication systems require routine maintenance and emergency repairs as a result of malfunctions or damage that occurs due to obsolete equipment, traffic collisions, or construction activities. A Request for Proposals (RFP) was issued on April 11, 2022 for on -call repair services and routine maintenance of the advance traffic management and communication system. One proposal was received from the City's current vendor, Crosstown Electrical & Data Inc., and evaluated by a three -member review panel composed of Public Works Agency staff. Scoring was based on firm experience, record of performing similar repair services, responsiveness to the RFP requirements, and completeness of the proposal. The Crosstown Electrical & Data Inc. proposal scored 95 points out of 100. City Council 26 — 1 7/19/2022 Approve Agreement with Crosstown Electrical & Data, Inc. July 19, 2022 Page 2 Staff recommends awarding an agreement to Crosstown Electrical & Data Inc. because of their demonstrated experience and exceptional performance in delivering these same services to the City over the past five years. The cost of these services will be on a service request basis, where time and material is charged according to a set fee schedule. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $100,000 are available in the FY 22-23 Traffic Signal Maintenance Account (No. 02917620-62321) and budgeted annually in subsequent Fiscal Years, including the renewal options if exercised. Fiscal Accounting Unit Fund Accounting Unit - Year Y - Account No. Description Account Amount (Project No.) No. Description Traffic Signal 2022-23 02917620-62321 Special Gas Maintenance, $100,000 Tax Maintenance & Repair Improvement Traffic Signal 2023-24 02917620-62321 Special Gas Maintenance, $100,000 Tax Maintenance & Repair Improvement Traffic Signal 2024-25 02917620-62321 Special Gas Maintenance, $100,000 Tax Maintenance & Repair Improvement Traffic Signal 2025-26 02917620-62321 Special Gas Maintenance, $100,000 Tax Maintenance & Repair Improvement Traffic Signal 2026-27 02917620-62321 Special Gas Maintenance, $100,000 Tax Maintenance & Repair Improvement Total $500,000 EXHIBIT(S) 1. Agreement with Crosstown Electrical & Data Inc. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 26 — 2 7/19/2022 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 19'h day of July, 2022 by and between Crosstown Electrical & Data, Inc., ("Consultant"). and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 11, 2022, the city issued Request for Proposal No. 22-031, by which it sought to retain a Consultant to perform on -call repair services for the Cities Advance Traffic Management System and Communication Systems. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 22-031, which is attached hereto as Exhibit A and incorporated by reference. 2. COMPENSATION a. City agrees to pay on an as -needed basis, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B The total amount to be expended during the term of this Agreement shall not exceed $500,000 for term of this Agreement, including any extension periods. This sum shall be comprised of an annual average of $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. 3. TERM City Council 26 — 3 7/1 2 t 9 This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (D-Year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with City Council 26 — 4 7/1 f 9 limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may City Council 26 — 5 7/1 f 9 be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability oflnsurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or thebeginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policv form with a Retroactive Date prior to the contract effective date, the Contractormust purchase "extended reporting" coverage for a minimum offive (5) years after completion of work. Verification of'Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature oftherisk, prior experience, insurer, coverage, or other special circumstances. City Council 26 — 6 7/1 VM2 f 9 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the 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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. City Council 26 — 7 7/1 f 9 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. City Council 26 — 8 7/1 2 t 9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. 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. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES 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 City Council 26 — 9 7/1 2 f 9 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by fast class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1998 Santa Ana, California 92702 Fax: 714-647-5635 To Contractor: David P. Heermance President Crosstown Electrical & Data, Inc. 5454 Diaz St Irwindale, CA 91706 Fax: 626-813-6693 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. City Council 26 — 10 7/1 2 f9 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Un � 'M Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: David P. President pa$a u of 9 City Council 26 — 11 7/19/2622 EXHIBIT A City Council 26 — 12 7/19/2022 REQUEST FOR PROPOSALS (RFP) FOR ADVANCE TRAFFIC MANAGEMENT SYSTEM AND COMMUNICATION SYSTEMS ON -CALL REPAIR SERVICES RFP NO.: 22-031 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 Cesar Rodriguez, PE Project Manager (714) 647-5626 Office crodrieuez5(u,santa-ana.or¢ for Release: Nabil Saba, P.E. Executive Director Public Works Agency KEY RFP DATES (Subject to chance at discretion of City): Issue Date: April 11, 2022 Deadline for Requests for Information: April 25, 2022 Proposal Due Date: May 2, 2022 Projected Award Date: June 21, 2022 City Council 26 — 13 7/19/2022 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Advance Traffic Management System and Communication Systems On -Call Repair Services. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than May 2, 2022 at 12:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR ADVANCE TRAFFIC ]MANAGEMENT SYSTEM AND COMMUNICATION SYSTEMS ON -CALL REPAIR SERVICES REP NO. 22-031 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Arm.: CESAR RODRIGUEZ Public Forks Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at httns://www.planetbids.com/portal/portal.cf n?CompanvlD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City Council City of Santa Ana tJW22-431 7/19/2022 Page 2 TABLE OF CONTENTS 1. INTRODUCTION / PROJECT DESCRIPTION 4 II. PROPOSAL TERMS AND CONDITIONS 7 A. EXAMINATION B. EXECUTION OF AGREEMENT C. PROPOSAL VALIDITY D. PRE -CONTRACTUAL EXPENSES E. JOINT OFFERS/SUBCONTRACTORS F. DIR REGISTRATION G. PREVAILING WAGES H. PREVAILING WAGE, COMPLIANCE AND MONITORING I. COMMUNITY WORKFORCE AGREEMENT J. SAFETY PROGRAM REQUIREMENTS III. INSTRUCTIONS TO PROPOSERS l 1 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES &PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING 1. CITY RIGHT TO REJECT J. BID PROTESTS IV. SUBMITTAL REQUIREMENTS 13 A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS V. PROPOSAL REVIEW (CONTRACTOR SELECTION) 15 A. EVALUATION AND RATING B. SELECTION VI. AWARD AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT 16 City Council City of Santa Ana Fff22-A31 7/19/2022 Page 3 VII. IMPLEMENTATION A. KICK-OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS IX. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATION ATTACHMENT 4: PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: 16 16 The City of Santa Ana is seeking a qualified firm to perform on -call repair services for the Cities Advance Traffic Management System and Communication Systems. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate Person with legal authority to hind the company. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 1 I -point Arial. Proposal exhibits shall be maximum 1 I" x 17". Proposal Evaluation and Rating: The criteria for evaluating the REP submitted will take the following items into consideration: • Firm/Team Experience 30% • Understanding of Need 30% • Relevant Project Experience 30% • References 10% City Council City of Santa Ana Fff22-631 7/19/2022 Page 4 The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. Project Funding: Funding source is Gas Tax but may vary. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. Prevailing Wages: In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request. Tenn of Contract Agreement: The City desires to enter into a contract with the top scoring firth year for an initial three (3) year term with a City option for two (2) one (1) year extension period. This term is outlined in the Standard Contractor Agreement, as contained in the Appendix of this RFP as Attachment 2. City Council City of Santa Ana W22-?31 7/19/2022 Page 5 IL PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required in this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT The City and the selected Proposer will enter into an Agreement similar to that as shown in Attachment 2: Standard Agreement in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS/SUBCONTRACTORS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub -contractor basis. The City intends to contractwith a single company and not with multiple companies doing business as ajoint venture. Should the use of sub -contractors be offered, the Proposer shall provide the same assurances of competence for the sub -contractor plus the demonstrated ability to manage and supervise the subcontracted work. Stib-contractors shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -contractors in the same manner as the Proposer. City Council City of Santa Ana W22-831 7/19/2022 Page 7 F. DIR REGISTRATION On -call emergency public work tasks completed as part of this RFP and proposals) submitted shall be subject to the following: No contractor or subcontractor may be listed on a proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Any subsequent work that follows from this UP is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations. G. PREVAILING WAGES In accordance with the California State Labor Code, prevailing wage rates apply. The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction, maintenance, or repair work, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein and may be accessed at http://wNvw.dir.ca.goN,/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. H. PREVAILING WAGE COMPLIANCE AND MONITORING Contractor shall be aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirement on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City Council City of Santa Ana Fff22-§31 7/19/2022 Page 8 Contractor shall be in compliance with the Prevailing Wages and requirements effective the due date of'this proposal submittal and shall pav prevailing rates of'per diem wages according to state law at all times throughout the term of any future agreement with the City. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. I. COMMUNITY WORKFORCE AGREEMENT On August 15, 2017, the Santa Ana City Council approved a Community Workforce Agreement with the Los Angeles/Orange Counties Building and Construction Trade Council and the Signatory Craft Councils and Unions. The provisions of the agreement would apply to all construction and major rehabilitation work pursuant to "Prime Multi - Trade" construction contracts that exceed $250,000 and all subcontracts from these prime multi -trade contracts. The agreement also applies to all "Prime Specialty" contracts (single trade contracts) that exceed $100,000 and all subcontracts from these prime specialty contracts. Contractors working on task orders over the above thresholds must, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established and authorized by the Unions who are signatory to the agreement. This is commonly referred to a Union hiring hall. Contractors retain the right to reject any applicant referred to them through the job referral system, determine competency of all employees, to determine the number of employees required, and the duties of such employees. If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within 48 hours, the Contractor may employ applicants meeting such classifications from any other available source. J. SAFETY PROGRAM REQUIREMENTS The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Construction site. The following is also required in addition to being in compliance with the above and related latest editions (unless noted otherwise) of the standard specifications and/or plans in the APWA "Greenbook (2018 Edition)" CA MUTCD, AGC, SSPWC, TEES, CALTRANS Standard Plans and Standard Specifications, CALTRANS Highway Design and Traffic Manuals, as listed below and as related to the standard care of the industry: City Council City of Santa Ana Fff2;�031 7/19/2022 Page 9 Abbreviation Word or Words AGC .................Associated General Contractors of America. APWA ................ American Public Works Association ASA .................American Standards Association CA MUTCD....... California Manual on Uniform Traffic Control Devices CALTRANS....... California Department of Transportation FHWA................Federal Highway Administration FRA .................Federal Rail Administration ETA ................. Federal Transit Authority JiTT ...............Just-lo-Time Training NPDES...............National Pollutant Discharge Elimination System SSPWC...............Standard Specifications for Public Works Construction TEES .................Transportation Electrical Equipment Specifications PACP ................. Pipe Assessment & Certification Program 1. The Proposer shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. 2. The Proposer shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. 3. The Proposer, their employees and subcontractors shall follow all safety rules and safe work practices. 4. The Proposer will immediately notify the City of any significant and/or unusual hazards found during the course of work. 5. The Proposer shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. The Proposer is solely responsible for the legal disposal of hazardous waste generated in the performance of their work. Safety Indemnification: To the extent allowed by law, the Proposer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Proposer, its subcontractors or City, attributable to any alleged act or omission of the Proposer or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer work sites. The City may deduct from any payment otherwise due the Proposer any costs incurred or City Council City of Santa Ana Fff2;�131 7/19/2022 Page 10 M. anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this REP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar day prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this REP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfn?CompanvlD=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. City Council City of Santa Ana Fff2;�Q31 7/19/2022 Page 11 Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. Risk Management has the right to modify minimunt insurance requirements if scope of services are changed or altered. A change in scope of services may increase or reduce ininimum insurance requirements based on the City's risk exposure. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project City Council City of Santa Ana Fff22�g31 7/19/2022 Page 12 Manager, any concerns regarding the REP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. IV. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: REP SECTION 1- INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: REP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF QUALIFICATIONS: The Statement of Qualifications portion of the Proposal shall be limited to a MAXIMUM of (10) DOUBLE - SIDED PAGES (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum I I" x 17". The Statement of Qualifications includes the following: a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. c. Constriction Company and Team Experience: Proposal shall include a profile of the Construction Company's experience. Include resumes of City Council City of Santa Ana Fff22�$31 7/19/2022 Page 13 project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, Construction Company size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your Construction Company and include any relevant on -call or emergency contracts with other local agencies. d. Understanding of Need: Proposal shall include an outline, which demonstrates the Construction Company's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. e. Financial Capacity and Availability: To demonstrate a solid financial capacity and availability, the proposer shall include a list of four (4) relevant positive bond ratings demonstrating financial stability and reliability along with a list of past projects for which the company has reliably been able to respond to an agency's on -call and/or emergency needs within the last five (5) years. Project information should include project description, year completed, client name, along with a person to contact and their telephone number/email address. f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the Constuction Company's Standard Hourly Fee Schedule, a table outlining City Council City of Santa Ana Fff2;�A31 7/19/2022 Page 14 the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. 4. CERTIFICATIONS: The following forms shall be sinned and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification • Attachment 3-4: Contractor's Licensing and Registration Statement • Attachment 3-5: Prevailing Wage Compliance and Monitoring Statement • Attachment 3-6: Ownership Affidavit • Attachment 3-7: List of Sub -contractors (If included during time of original proposal. Note: As applicable, this list will need to be updated and re -submitted every time a new Task Order is requested by the City from the prime contractor to reflect the scope of work of the requested Task Order.) • Attachment 3-8: References • Attachment 3-9: Statement Regarding Apprenticeship Requirements • Attachment 3-10: Statement Regarding Anti -Kickback Requirements • Attachment 3-11: Public Contract Code Section 10162 Questionnaire • Attachment 3-12: Statement Regarding Community Workforce Agreement (CWA) Requirements V. PROPOSAL REVIEW (CONTRACTOR SELECTiONI A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may or may not interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best quality and value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. City Council City of Santa Ana W22�831 7/19/2022 Page 15 V1. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director of Public Works will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2: Standard Agreement in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required insurance and docuuments and contents of the vendor registration and payment information packet have been received and approved. VII. IMPLEMENTATION NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. For "On -Call' contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as -needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order. V111. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this REP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City Council City of Santa Ana Fff2;�931 7/19/2022 Page 16 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ADVANCE TRAFFIC MANAGEMENT SYSTEM AND COMMUNICATION SYSTEMS ON -CALL REPAIR SERVICES RFP NO. 22-031 A. DESCRIPTION The Santa Ana's Advanced Traffic Management System (ATMS) monitors and controls all of the traffic signals and CCTV's within the City. ATMS encompasses three major subsystems, Traffic Signal System, Closed Circuit Television (CCTV) system and the Transportation Information System (T1S). Communication between the Traffic Management Center (TMC) and the field equipment are established via fiber optic, twisted -pair interconnect, wireless broadband and limited use of telephone (T1) lines. The main equipment for the City's ATMS is located in the TMC in City Hall. The City also maintains a Remote TMC in adjacent Ross Annex building. The TMC has a dedicated local area network that consists of computer servers, computer workstations, managed switches and routers, video processing units, hardwire interconnects and fiber optic patch panels. The City's current traffic signal system is Econolite Centracs. The City's Closed Circuit Television (CCTV) System consists of Cohu, Axis and Bosch cameras and video encoders. The City's Video Management System is Milestone XProtect Corporate. The City's communication infrastructure consists of twisted pair cable, single mode fiber optic cable, wireless broadband antennas, Tl equipment and other communication equipment. The hardwire interconnect and fiber optic cables are generally in dedicated conduit from the TMC to controller cabinets and communication HUB's in the field. B. SCOPE OF WORK In general, the on -call Contractor will perform emergency repairs due to malfunctions or damages to the systems and communication equipment and cables. Majority of the work are anticipated for field equipment repairs. The scope of work includes but not limited to the followings: City Council City of Santa Ana Fff27k831 7/19/2022 Page Al-1 The Contractor is required to troubleshoot, repair and procure replacement or upgraded equipment to re-establish and/or improve the performance and reliability of the communication and networking systems. The networking system includes fiber optic Ethernet switches, routers, firewalls and associated equipment/computers that make up the network. The Contractor is required to procure and assist in integrating networking and communication hardware on an as needed basis for the TMC. + The Contractor is required to perform field communication system repairs that include installing conduit and cables; splicing of fiber optic and hard interconnect cables and installing new or replacing old splice enclosures. Fiber optic splicing shall be by fusion method and Hardwire Interconnect splice shall be done using weather resistant connector (AMP Picabond Connector) The Contractor is required to troubleshoot/repair and/or install CCTV cameras. • The Contractor is required to troubleshoot/repair and/or install wireless communication equipment. The Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services and materials to perform all work necessary to maintain/repair the ATMS and communication systems. • The contractor may utilize subcontractors and/or manufacturers with specific communication, network or related expertise to provide the needed services. Work to be done is either based on time and material or lump sum per task, to be determined prior to each authorization. C. LICENSES The Contractor must possess or obtain a valid California Class C-10 Electrical Contractor license prior to the scheduled award date of this contract. D. SERVICE PERSONNEL The Contractor shall provide qualified service personnel or subcontractor to maintain and to service all ATMS equipment as described. Personnel shall have at least a year of experience of maintaining and troubleshooting ATMS equipment and networking equipment such as Ethernet switches, routers and firewalls. The Contractor shall include the ATMS maintenance personnel's qualifications in the bid. The City will notify the Contractor in the City's sole opinion; personnel proposed for any ATMS maintenance are not qualified to work on these systems. Within thirty (30) days after City makes the determination the Contractor shall hire qualified Sub-Contractor(s) specialized in ATMS equipment and networking for troubleshooting and repair without any additional compensation from the City. City Council City of Santa Ana fff27kg31 7/19/2022 Page Al-2 E. EQUIPMENT The Contractor shall have access to lift/boom truck with a minimum of 50-foot reach capability to access cameras, pan/tilt units. F. WORKING HOURS The Contractor's activities shall be confined to the following hours: From 7:00 a.m. to 5:00 p.m., Monday through Friday, within work areas having either no lane closures or having continuous lane closures, i.e. 24-hour closures lasting more than one day. From 9:00 a.m. to 3:00 p.m., Monday through Friday, for work requiring temporary lane closures, i.e. those having less than a 24-hour duration, and for work at major intersections. Deviation from these hours/days shall not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to be persons or property, or as specified otherwise G. CITY RESPONSIBILITIES The City will provide as -built plans and any other material related to the ATMS and Communication Systems to facilitate the repair work. H. FEE SCHEDULE In addition to Section 111.133 (Submittal Requirements: Fee Proposal) fee schedule shall be structured per Attachment 4 Proposers Certification and Proposal Item Pricing. City Council City of Santa Ana fff223031 7/19/2022 Page Al-3 Appendix ATTACHMENT 2 STANDARD AGREEMENT CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of 2022 by and between ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of On -Call Advance Traffic Management Communication System repair services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to the 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. Contractor is one of XX contractors selected to provide set -vices on an on -call basis under REP No. 22-031 and addenda thereto. The total compensation for any services provided by the contractors selected under RFP No. 22-031 shall not exceed the amount of $X,XXX,XXX during the term of this agreement, including any extension periods. City Council 26 — 31 rotq/`F�2,f 12 Non-rcd mding(6.1.2021) b. Payment by City shall be made within 45 days (forty-five) 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. 3. TERM This Agreement shall commence on the date first written above and terminate on for an initial three (3) year tetra with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City, to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and CitV Council 26 — 32 V¢tgk�422Tf 12 Non-rcd mding(6.1°U21) perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. 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: 1. Commercial General Liability (("CGL") Insurance- Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.. 2. Automobile Liability Insurance- Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Insurance- as required by the State of California, with Statutory Limits, and Employers' Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Builder's Risk (Course of Construction) insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. 5. Professional Liability Insurance (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity A. Self -Insured Retentions - Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. CitV Council 26 — 33 ?Atg/�422�f 12 Non-Pcd mding(6.1°U21) B. The insurance policies required by this Agreement are to contain, or be endorsed to contain, the following provisions: 1) The Entity, its officers, officials, employees. and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). 2) For any claims related to this project, the Contractor's insurance coverage shall be prima rt' insurance coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity. C. Builder's Risk (Course of Construction) Insurance - Contractor may submit evidence of Builder's Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity's site. D. Claims Made Policies —(If at all possible avoid and require occurrence type CGL policies) - if any coverage required is written on a claims -made coverage form: 1) The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. 3) If coverage is cancelled or non -renewed, and not replaced with another claims - made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. 4) A copy of the claims reporting requirements must be submitted to the Entity for review. 5) if the services involve lead -based paint or asbestos identification/remediation, the City Council 26 — 34 7019/�411 f 12 Non-Pcd mding(6.1°U21) Contractors Pollution Liability policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. E. Acceptability of Insurers - Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the Entity. F. Waiver of Subrogation - Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors. G. Verification of Coverage- Contractor shall fiirnish to City with original certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. H. Subcontractors- Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. 1. Special Risks or Circumstances- Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and 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 City Council 26 — 35 7019/�4jj f 12 Non-Fcd mding(6.1°UZl) further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor- under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. City Council 26 — 36 70191�4_0b f 12 Non-Pcdunding(6.1°U21) 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to City Council 26 — 37 7019/�42L f 12 Non-Pcd u ding (6.1.2021) deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 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. 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. 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. 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 Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. 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 City Council 26 — 38 7019/�422 f 12 Non-Pcdunding(6.1°UZl) first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 To Contractor: First & Last Name Title Contractor Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. CitV Council 26 — 39 7¢*91� 4_9�f 12 Non-rcd mding(6.1°U21) 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: John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: (name) (title) CitV Council 26 — 40 P7j¢gyNpgf 12 Non-fcd mding(6.12021) EXHIBIT A SCOPE OF SERVICES City Council 26 — 41 7/ fq/2p�27211 of 12 Non-Pcd funding (6.12021) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 26 — 42 7/ fq/2p�27212 of 12 Non-Fcd Fmd➢1g (6.1.2021) Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of 20 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City Council City of Santa Ana F26P 29331 7/19/2022 Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and subm tting this bid or proposal, 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 federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal Loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. if any fluids other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by subritting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and printed Name: Title Date City Council City of Santa Ana I$1EP-2A431 7/19/2022 Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions maybe imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council City of Santa Ana I$6P 29531 7/19/2022 Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City Council City of Santa Ana F261-2M31 7/19/2022 Page A3-4 Appendix ATTACHMENT 3-4: CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: Business E-Mail Address: Telephone: State Contractor's License No. and Class: License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: City Council City of Santa Ana fBEP-29b31 7/19/2022 Page A3-5 Appendix ATTACHMENT 3-5: PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undetsigned certifies that the foregoing in true and correct. Name of Firm Signature of CONTRACTOR Title (if an individual, so state) City Council City of Santa Ana QPEP-2A831 7/19/2022 Page A3-6 Appendix ATTACHMENT 3-6: OWNERSHIP AFFIDAVIT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF CRAWL ) SS: CITY OF SANTA ANA ) , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- partnership by: who constitute the other members of the co -partnership. ❑ CORPORATION That he is of: a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of CONTRACTOR Subscribed and sworn to before me this day of Signature of officer Administering Oath (Notary Public) 20 City Council City of Santa Ana fBEP-2A031 7/19/2022 Page A3-7 Appendix ATTACHMENT 3-7: LIST OF SUB -CONTRACTORS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the proposal/bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: Yz% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). CONTRACTOR proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of CONTRACTOR Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ City Council City of Santa Ana Q11EP-25031 7/19/2022 Page A3-8 Appendix ATTACHMENT 3-8: REFERENCES REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the CONTRACTOR has performed similar work within the past three years. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds. City Council City of Santa Ana QIIEP-25131 7/19/2022 Page A3-9 Appendix ATTACHMENT 3-8: REFERENCES REFERENCES, (CONTINUED) The following are the names, addresses, and telephone numbers for THREE public agencies for which the SUBCONTRACTOR has performed similar work in the past tine years. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, email addresses, and telephone numbers of all brokers and sureties from whom CONTRACTOR intends to procure insurance and bonds. City Council City of Santa Ana FBEP-2,5231 7/19/2022 Page A3-10 Appendix ATTACHMENT 3-9: STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned CONTRACTOR is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Firm: Date: City Council City of Santa Ana QPEP-25b31 7/19/2022 Page A3-11 Appendix ATTACHMENT 3-10: STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (1S USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Firm: Date: City Council City of Santa Ana f?PEP-25431 7/19/2022 Page A3-12 Appendix ATTACHMENT 3-11: PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the CONTRACTOR shall complete, under penalty of perjury, the following questionnaire: Has the CONTRACTOR, any officer of the CONTRACTOR's organization, or any employee of the CONTRACTOR's Company who has a proprietary interest in the CONTRACTOR, ever been disqualified, removed, or otherwise prevented from proposing/bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. City Council City of Santa Ana QPEP-25531 7/19/2022 Page A3-13 Appendix ATTACHMENT 3-12: STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned CONTRACTOR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1. 2017. The CWA is available at: http://www.santa-ana.org//pwa/documents/CWA.pdf The undersigned CONTRACTOR hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, CONTRACTOR will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Public Works Construction Permit: The Contractor maybe required to obtain a Public Works Construction Permit if the CWA thresholds for a Task Order are met or exceeded as described in this RFP's Section IILE "Licenses & Pern-rits." The undersigned has reviewed and understands that a Public Works Construction Permit for CWA administration fees and deposit that may be required as described in this RFP's Section IILE "Licenses & Permits." Signed: Title: Firm: Date: City Council City of Santa Ana RJCR5631 7/19/2022 Page A3-14 Appendix ATTACHMENT 4 PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ADVANCE TRAFFIC MANAGEMENT SYSTEM AND COMMUNICATION SYSTEMS ON -CALL REPAIR SERVICES RFP NO.: 22-031 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposal. 1 have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Pricing - Pricing shall be based on an hourly cost, time and materials basis or per task for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by the City Projects Manager or designee in writing. A. Material: Contractor's cost for the supply plus (+) 15 % per Section 7-4.3 of the "Greenbook" Standard Specifications for Public Works Constructions, latest edition. B. Labor: Contractor's rates (including all fringe benefits, markup, over heads, etc.) for all job classifications. List additional staf/ or equipment as necessary including minimum hourly charged per call out trip if applicable. ltem Description Straight Time Overtime 1. Lead Technician 2. Technician 3. Boom Ladder/Truck 4. 50' Height Boom Truck 5. Single -mode fiber fusion splice 6. Fiber Optic Technician 7. S. 9. 10. $ /hr. $ /hr. $ /hr. $ /hr. S /hr. $ /hr. $ /hr. $ / per fiber. $ /hr. $ /hr. $ /hr. $ /hr. S /hr. $ /hr. S /hr. $ /hr. $ /hr. $ /hr. City rnunril 9R — 57 7/1 ciong9 City of Santa Ana RFP 22-031 Page A4-1 11. $ /hr. $ /hr. 12. $ /hr. $ /hr. 13. $ /hr. $ /hr. 14. $ /hr. $ /hr. LEGAL NAME OF COMPANY PHONE AND FAX NUMBER BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MATL ADDRESS FEDERAL IDENTIFICATION NUMBER CONTRACTOR LICENSE NUMBER (IF APPICABLE) (IF APPICABLE) City Cnunril 9R — 5R 7/19/9f199 City of Santa Ana RFP 22-031 Page A4-2 EXHIBIT B City Council 26 — 59 7/19/2022 Appendix ATTACHMENT 4 PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ADVANCE TRAFFIC MANAGEMENT SYSTEM AND COMMUNICATION SYSTEMS ON -CALL REPAIR SERVICES RFP NO.: 22-031 Certification - I certify that I have read, understand and agree to the terns and conditions of this Request for Proposal. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Pricing - Pricing shall be based on an hourly cost, time and materials basis or per task for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the Contractor only after discussed and authorized by the City Projects Manager or designee in writing. A. Material: Contractor's cost for the supply plus (+) 15 1/o per Section 74.3 of the "Greenbook" Standard Specifications for Public Works Constructions, latest edition. B. Labor: Contractor's rates (including all fringe benefits, markup, over heads, etc.) for all job classifications. List additional staff or equipment as necessary including minimum hourly charged per call out trip if applicable. Item Description Straight Time Overtime 1. Lead Technician (GENERAL FOREMAN) $ 134.00 /hr. $ 175.00 /hr. 2. Technician (JOURNEYMAN ELECTRICIAN) $ 126.00 /hr. $ 165.00 /hr. 3. Boom Ladder/Truck $ 30.00 1h $ 30.00 /hr. 4. 50' Height Boom Truck $ 40.00 /h $ 40.00 /hr. 5. Single -mode fiber fusion splice $ 65.00 / per fiber. 6. Fiber Optic Technician $ 128.00 /hr. $ 173.00 /hr. 7. 85% APPRENTICE $ 112.00 /hr. $ 148.00 /hr. 8. WORK TRUCK $ 26.00 /hr. $ 26.00 /hr. 9 SPLICE VAN $ 26.00 /hr. $ 26.00 /hr, 10. $ /hr. $ /hr. City of Santa Ana RFP 22-631 Page A4-1 11. $ /hr. $ /hr. 12. $ /hr. $ /hr. 13. $ /hr. $ /hr. 14. $ /hr. $ /hr. 'NOTE: EACH MAN HOUR WILL HAVE A WORK TRUCK ADDED, EXAMPLE: JOURNEYMAN ELECTRICIAN @$126/HR + WORK TRUCK @ $26.00 = $152.00/HR CROSSTOWN ELECTRICAL & DATA, INC. 626-813-6693 626-869-0192 LEGAL NAME OF COMPANY PHONE AND FAX NUMBER 5454 DIAZ ST., IRWINDALE, CA 91706 BUSINESS ADDRESS t . ANCE PRESIDENT NA O HO AGENT TITLE 5/2/2022 DAVE@CROSSTOWNDATA.COM OF AU ZED AGENT DATE E-MAIL ADDRESS 22-3611877 756309 FEDERAL IDENTIFICATION NUMBER CONTRACTOR LICENSE NUMBER (IF APPICABLE) (IF APPICABLE) y City of Santa Ana RFP 22-031 Page A4-2 Police Department www.santa-ana.org/departments/police/ Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Agreements for Jail Inmate Counseling Services AGENDA TITLE: Approve Three -Year Agreements with Luis Raul Martinez and Felice Hernandez for Jail Counseling Services RECOMMENDED ACTION 1. Authorize the City Manager to execute a three-year agreement with Luis Raul Martinez, for the period of July 19, 2022 through June 30, 2025, to provide counseling services, in an amount not to exceed $120,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute a three-year agreement with Felice Hernandez, for the period of July 19, 2022 through June 30, 2025, to provide counseling services, in an amount not to exceed $120,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Per California Department of Corrections and Rehabilitation, Title 15, the Santa Ana Jail is required to provide counseling services to Santa Ana Jail inmates. Luis Raul Martinez and Felice Hernandez are well qualified and have been providing jail counseling services to the Santa Ana Jail for many years. Through these agreements, the counselors will provide one-on-one counseling and instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, and chemical dependency avoidance to the inmates housed in the Santa Ana Jail. In-house professional counselors are an important resource in the effort to help inmates more smoothly reintegrate with their communities upon release. In addition, these services are crucial in providing required care outlined by the federal Prison Rape Elimination Act (PREA) and industry standards associated with suicide prevention protocols. The agreement terms will run from July 19, 2022 through June 30, 2025. City Council 27 — 1 7/19/2022 Agreements for July 19, 2022 Page 2 Jail Inmate Counseling Services The previous agreements with Luis Raul Martinez and Felice Hernandez expired on June 30, 2022. During July 1, 2022 and July 18, 2022, Luis Raul Martinez and Felice Hernandez have continued to provide the same level of service to the Police Department. The new agreement compensation total includes the amount needed to cover any services provided since the last agreement expired. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Police Department's Inmate Welfare Fund -Contract Services account (no. 02314475-62300), and will be budgeted in future fiscal years as follows: Fiscal Accounting Unit Fund Accounting Unit, Account Amount Year — Account # Description Description FY 22-23 02314475-62300 Inmate Inmate Welfare Fund, $ 80,000 Welfare Fund Contract Services FY 23-24 02314475-62300 Inmate Inmate Welfare Fund, $ 80,000 Welfare Fund Contract Services FY 24-25 02314475-62300 Inmate Inmate Welfare Fund, $ 80,000 Welfare Fund Contract Services Total 1 $240,000 1. Agreement with Luis Raul Martinez 2. Agreement with Felice Hernandez Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 27 — 2 7/19/2022 Exhibit 1 AGREEMENT WITH LUIS MARTINEZ TO PROVIDE COUNSELING SERVICES THIS AGREEMENT, made and entered into this 19' day of July, 2022, by and between Luis Martinez (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of counseling and/or instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources to the inmates housed at the Santa Ana City Jail. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that he is knowledgeable in his field, and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant and City shall perform those services as set forth in Exhibit A to this Agreement, which include counseling and/or instructional services to inmates in the areas of anger agreement, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for services an hourly rate of sixty-five dollars ($65.00) for all scheduled instructional and counseling sessions. The total sum to be expended shall not exceed $120,000 during the term of this Agreement. b. City shall compensate Consultant for services provided from July 1, 2022 through the effective date of the Agreement detailed above. c. Payment by City shall be made within thirty (30) 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, City Council 27 — 3 7/19/2022 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2025 unless terminated earlier in accordance with Section 12, 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 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. City Council 27 — 4 7/19/2022 Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall famish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. City Council 27 — 5 7/19/2022 Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 6. INDEMNIFICATION Consultant agrees to 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 direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of or effects, arising from this Agreement. The 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. 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. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. City Council 27 — 6 7/19/2022 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by fast class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Santa Ana City Jail — Contract Services Supervisor City of Santa Ana 20 Civic Center Plaza M-88 P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-8116 To Consultant: Luis Martinez 301 West 2nd Street, #241 Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and. Consultant, 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. City Council 27 — 7 7/19/2022 11. 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. 12. TERMINATION This Agreement maybe terminated by the City with or without cause upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. 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 City Council 27 — 8 7/19/2022 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. 16. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: WA=:� Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT rursMaAti1'n'c'z' City Council 27 — 9 7/19/2022 EXHIBIT A SCOPE OF SERVICES 1. CITY'S Responsibilities: The CITY shall provide the following assistance to CONSULTANT: a. Identify a contact person who shall be responsible for scheduling and coordinating the services to be provided by CONSULTANT. The subject matter, the number of hours and the scheduling of hours shall be at the sole discretion of the CITY. b. Schedule and record CONSULTANT'S time worked during meetings, instruction and counseling sessions. c. Provide an adequate facility that will allow CONSULTANT to perform the services required under this agreement in an efficient and timely manner. d. Provide prompt notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect in the services provided under the terms of the agreement. 2. CONSULTANT'S Responsibilities: CONSULTANT shall provide the following services to CITY: a. Deliver instructional and/or counseling services in the following program areas to selected inmates: (1) anger management (2) stress reduction (3) conflict management/resolution (4) domestic violence (5) chemical dependency (6) life skills/family issues (7) community resources b. Coordinate with CITY staff to facilitate delivery of program material. c. Collect specific diagnostic and statistical information regarding inmates in attendance and program material. d. Assign inmates tasks to perform and goals to reach in relation to the program material. e. Provide inmates in attendance with referrals to other agencies and community resources that can provide additional instruction and/or counseling as follow-up to the program material already delivered. City Council 27 — 10 7/19/2022 Exhibit 2 AGREEMENT WITH FELICE HERNANDEZ TO PROVIDE COUNSELING SERVICES THIS AGREEMENT, made and entered into thi Felice Hernandez (hereinafter "Consultant'), and the municipal corporation organized and existing under th California (hereinafter "City"). RECITALS s 19u' day of July, 2022, by and between City of Santa Ana, a charter city and e Constitution and laws of the State of A. The City desires to retain a consultant having special skill and knowledge in the field of counseling and/or instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources to the inmates housed at the Santa Ana City Jail. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that she is knowledgeable in her field, and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant and City shall perform those services as set forth in Exhibit A to this Agreement which include counseling and/or instructional services to inmates in the areas of anger agreement, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for services an hourly rate of sixty-five dollars ($65.00) for all scheduled instructional and counseling sessions. The total sum to be expended shall not exceed $120,000 during the term of this Agreement. b. City shall compensate Consultant for services provided from July 1, 2022 through the effective date of the Agreement detailed above. c. Payment by City shall be made within thirty (30) 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, City Council 27 — 11 7/19/2022 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2025 unless terminated earlier in accordance with Section 12, 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 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. 116,381 al Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. City Council 27 — 12 7/19/2022 Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. City Council 27 — 13 7/19/2022 Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 6. INDEMNIFICATION Consultant agrees to 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 direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of or effects, arising from this Agreement. The 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. 7. 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. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. City Council 27 — 14 7/19/2022 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Santa Ana City Jail — Contract Services Supervisor City of Santa Ana 20 Civic Center Plaza M-88 P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-8116 To Consultant: Felice Hernandez 320 South Pixley Street Orange, California 92868 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 telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and. Consultant, 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or City Council 27 — 15 7/19/2022 agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. 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. 12. TERMINATION This Agreement may be terminated by the City with or without cause upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager 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. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION — VENUE This Agreement 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. City Council 27 — 16 7/19/2022 15. 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO Ci ttomey By: Tamara Bogosian Senior Assistant City Attorney FOR APPROVAL: DAVID VALENTIN Chief of Police CITY OF SANTA ANA KRISTINE RIDGE City Manager City Council 27 — 17 7/19/2022 EXHIBIT A SCOPE OF SERVICES 1. CITY'S Responsibilities: The CITY shall provide the following assistance to CONSULTANT: a. Identify a contact person who shall be responsible for scheduling and coordinating the services to be provided by CONSULTANT. The subject matter, the number of hours and the scheduling of hours shall be at the sole discretion of the CITY. b. Schedule and record CONSULTANT'S time worked during meetings, instruction and counseling sessions. c. Provide an adequate facility that will allow CONSULTANT to perform the services required under this agreement in an efficient and timely manner. d. Provide prompt notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect in the services provided under the terms of the agreement. 2. CONSULTANT'S Responsibilities: CONSULTANT shall provide the following services to CITY: a. Deliver instructional and/or counseling services in the following program areas to selected inmates: (1) anger management (2) stress reduction (3) conflict management/resolution (4) domestic violence (5) chemical dependency (6) life skills/family issues () community resources b. Coordinate with CITY staff to facilitate delivery of program material. c. Collect specific diagnostic and statistical information regarding inmates in attendance and program material. d. Assign inmates tasks to perform and goals to reach in relation to the program material. e. Provide inmates in attendance with referrals to other agencies and community resources that can provide additional instruction and/or counseling as follow-up to the program material already delivered. City Council 27 — 18 7/19/2022 Police Department www.santa-ana.org/departments/police/ Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Police Officer Hiring Bonus Program AGENDA TITLE: Police Officer Hiring Bonus Program RECOMMENDED ACTION Adopt a resolution approving a Police Officer Hiring Bonus program in a total amount not to exceed $100,000, offering up to $10,000 per officer. DISCUSSION Similar to most law enforcement agencies throughout the state and county, the Santa Ana Police Department (SAPD) is attempting to fill vacancies for the position of sworn police officer. The biggest challenge facing the department is the significant decline in applicants since 2020. A recent report completed by department personnel on April 26 of this year indicates, "the Department has realized a 60% reduction in police officer applications since 2020, and a 34% reduction in the number of applicants entering the background process since 2021." A national recruitment trend is the offering of a hiring bonus ranging from $5,000 to $40,000. Locally, the Anaheim Police Department is currently offering $15,000 and appears to have recruited a half dozen officers from a neighboring agency. Below is an example of some of the agencies currently offering a hiring bonus: Agency Amount Terms $10,000 upon completion of field training Alameda Police $30,000 program; $10,000 after one year of Department service; $10,000 after second year of service $5,000 upon first full pay period following Anaheim Police $15,000 - first date of employment; $5,000 upon Department $20,000 successful completion of field training program; $5,000 upon successful City Council 28 — 1 7/19/2022 Police Officer Hiring Bonus Program July 19, 2022 Page 2 completion of probation; ($5,000 additional military veteran incentive) Bay Area Rapid Transit $15,000 $5,000 upon hire; $10,000 upon completion of field training program Buena Park Police $2,500 upon hire; $2,500 upon completion Department $5,000 of field training program and eighteen - month probationary period $2,500 upon hire; $2,500 upon completion of field training program and six months; Colton Police Department $15,000 $5,000 after completion of probation; $5,000 after one-year anniversary of probation $20,000 upon hire; $10,000 upon Redding Police $40,000 completion of field training program; Department $10,000 after completion of one-year probation San Francisco Police $5,000 $5,000 upon completion of field training Department program The introduction of a signing bonus for new hires will bolster our efforts and falls in line with the prevailing trend throughout the state. It is recommended the City of Santa Ana implement a hiring bonus of $10,000 for police officers, which is competitive with neighboring agencies. Eligibility for this program will be limited to only new police officer applicants who apply after adoption of the program. For new police officers (recruits and academy graduates), the bonus would be paid out incrementally as follows: $2,500 paid upon first full pay period following the first date of employment • $2,500 paid upon successful completion of field training program (12-22 weeks) $5,000 paid upon successful completion of probation (one year from date of hire) For lateral police officers, the bonus would be paid out incrementally as follows: • $5,000 paid upon first full pay period following the first date of employment • $5,000 paid upon successful completion of probation (one year from date of hire) City Council 28 — 2 7/19/2022 Police Officer Hiring Bonus Program July 19, 2022 Page 3 This program will be publicized in the SAPID recruitment flyers, Govern mentjobs.com postings, at job fairs, on social media platforms (Facebook, Twitter, Instagram), Nixle alert, and on the City's website. This initial pilot program funding will assist in recruiting and hiring ten police officers. If the program is successful and additional funds are necessary, a future request will be presented for Council consideration. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $100,000 will be transferred from the Police Department's Field Operations Salaries Overtime account to the Human Resources, Signing Bonus account no. (01114402-61045) for expenditure. All committed funds unpaid by the end of the fiscal year shall be carried forward for expenditure in FY 2023-24. EXHIBIT(S) 1. Resolution 2. Program Flyer Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 28 — 3 7/19/2022 TB 7.19.2022 RESOLUTION NO. 2022-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A POLICE OFFICER HIRING BONUS PROGRAM FOR POLICE OFFICER APPLICANTS IN AN AMOUNT NOT TO EXCEED $100,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. WHEREAS, the City Council of the City of Santa Ana recognizes the need to hire and fill Police Officer positions; and B. WHEREAS, the City Council of the City of Santa Ana understands the growing demand across the state for Police Officers; and C. WHEREAS, the introduction of a signing bonus for new hires through this initial pilot program will bolster the Santa Ana Police Department's efforts to recruit and retain new Police Officers. D. WHEREAS, the Santa Ana Police Department will create a reasonable tiered payment program in connection with the hiring bonuses. Section 2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Santa Ana hereby approves the Police Officer Hiring Bonus Program for Police Officers as set forth in the accompanying Staff Report, attached hereto and made a part hereof in an amount not to exceed $100,000. Section 3. 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 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. Resbliiyc0d1Q2@Ixxx 28 — 4 7/19/2022 Page 1 of 2 ADOPTED this day of July 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: "Wk - Tamara Bogosian Sr. Assistant City Attorney AYES: Councilmembers NOES: Counci ABSTAIN: Councilmembers NOT PRESENT: Counci CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resbliiyc0d1Q2@Ixxx 28 — 5 7/19/2022 Page 2 of 2 EXHIBIT 2 tJ� NITA ANA POLICE DEPARTMENT MAKE OUR TRADITION PART OF YOUR FUTURE POLICE OFFICER $73,320 - $112,104 S107000 BONUS FOR ALL NEW POLICE OFFICERS HIKED • 2.5%- 5% Bilingual Pay • 5%-15% Educational Pay • Group Medical/Dental/Vision Plans • Tuition Reim bu rsement for College Courses up to Moo/yr • Military Reserve Friendly Employer • Expedited Testing Available • Compressed WorkScbedule (3/12's or4/ n) • Veterans May Be Eligible for Military Bonus Points New CalPERS Safety employees hired after January 1, 2013, will be enrolled in 2.7%@ 57 Cal PERS benefit formula and will contribute at least 12.25%. Existing CalPERS employees hired after January 1, 2013, who have not had a break in service of six months or more, will be enrolled in the 3% @ 50 CalPERS benefit formu la and wil I contribute 9%. FOR MORE INFORMATION OR TO APPLY, VISIT W W W.701 NSANTAANAPD.ORG A REviffilif3fr1 CIZED? t l�' ,a V - Finance and Management Services www.santa-ana.org/finance Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Resolution Authorizing a Non -Financial Agreement with the California Franchise Tax Board for exchange of Business License Tax Data AGENDA TITLE: Resolution Authorizing a Reciprocal Agreement with the California Franchise Tax Board for the Exchange of Business License Tax Data RECOMMENDED ACTION 1. Adopt a Resolution authorizing a reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data. 2. Authorize the City Manager to execute a non -financial reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data for a term beginning July 19, 2022 through December 31, 2024, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana Municipal Code ("SAMC") Chapter 21, known as the Business License Tax Code, is intended to provide a revenue for the general operation of the City by the levy of a business license tax on all business transactions or activities carried on or occurring within Santa Ana and is not intended for regulation. The data exchange program with the California Franchise Tax Board ("FTB"), which began because of the enactment of Senate Bill 1146 on September 26, 2008, enables both Santa Ana and the FTB to share information and identify non -compliant businesses. The City has been participating in the data exchange program since 2009, and has conducted audits of business license data to ensure the City receives the revenue it is legally entitled to collect. The Agreement with the FTB is good for two years and seven months at a time, and it is time to renew. Under the terms of the Agreement with the FTB, Santa Ana will be required to send data to the FTB annually each June. The data required includes ownership name, address information, Employer ID number, and business start date. The FTB will send the City similar information from their database each year in December, as well as information on taxpayers who file business related income tax returns. Under the terms City Council 29 — 1 7/19/2022 Adopt a Resolution Authorizing a BLT Data Exchange Agreement with the FTB July 19, 2022 Page 2 of this Agreement, the data exchange will continue through December 2024. Neither the FTB nor the City of Santa Ana would be reimbursed for the cost of providing data and neither party will be charged for receiving data from the other agency. Should the City wish to discontinue participating in the data exchange program, the Agreement may be terminated with thirty days (30) written notice to the FTB. Staff recommends the adoption of a Resolution authorizing a reciprocal agreement with the California Franchise Tax Board for the continued exchange of business data. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this Ordinance adoption. EXHIBIT(S) 1. Resolution 2. FTB Agreement Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 29 — 2 7/19/2022 EXHIBIT 1 RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A RECIPROCAL AGREEMENT WITH THE CALIFORNIA FRANCHISE TAX BOARD FOR THE EXCHANGE OF BUSINESS LICENSE TAX DATA WHEREAS, Chapter 21 of the Santa Ana Municipal Code is known as the Business License Tax Code of the City of Santa Ana ("City"), and Section 21-5 states: "It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or for any other person, or for body corporate, or as an officer of any corporation to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from the city to do so or without complying with all applicable provisions of this Code."; and WHEREAS, this data exchange program began as a result of the enactment of Senate Bill 1146 on September 26, 2008, which authorized a city to enter into a reciprocal agreement with the California Franchise Tax Board ("FTB") to exchange tax data to enable both parties to identify any non -compliant businesses; and WHEREAS, in June 2015, the City Council approved an agreement with the FTB to exchange data related to Business Licensing, and the agreement with the FTB expired on December 31. 2017: and WHEREAS, the City desires to enter into such an agreement with FTB with a term from July 19, 2022, or date of adoption of this resolution, through December 31, 2024. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City approves entering into a reciprocal agreement with FTB for the exchange of business license tax data. Section 2. The City appoints and authorizes the Finance Director and his/her designee(s), and each of them, as agent(s) of the City to conduct all negotiations, execute and submit documents, including, but not limited to, the standard agreement, applications, amendments, memoranda of understanding, payment requests and so on, which may be necessary for participation in and completion of the aforementioned reciprocal agreement, including any extensions or amendments thereof, subject to prior approval as to form by the City Attorney's Office. Section 3. A signed copy of this resolution shall be transmitted to the FTB in conjunction with the filing of an application. Section 4. This Resolution shall take effect immediately upon its adoption by a majority of the City Council. Resolution No. 2022-XXX City Council 29 — 3 7/1 / a of 2 ADOPTED this day of , 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By.!4 Rya . H dge Assis nt City Attorney 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 Resolution No. 2022 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 12022. Date: Clerk of the Council City of Santa Ana Resolution No. 2022-XXX City Council 29 — 4 7/1 O82 of 2 SCOID: 7730-0000000000000000000081093 EXHIBIT 2 STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBERIIfApplicable) STD 213 (Rev.042020) 000000000000000000081093 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Franchise Tax Board CONTRACTOR NAME City of Santa Ana 2. The term of this Agreement is: START DATE July 19, 2022 THROUGH END DATE December 31, 2024 3. The maximum amount of this Agreement is: $0.00 (NON -FINANCIAL AGREEMENT) 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 3 Exhibit B Budget Detail and Payment Provisions 1 Exhibit C General Terms and Conditions GTC417 — Exhibit D Special Terms and Conditions 3 Exhibit E City and County Record Format Specifications 2 Exhibit F Franchise Tax Board Record Layout Specifications 1 Exhibit G Confidentiality Statement 1 Items shown with an asterisk I*), are hereby incorporated by reference and made part of this agreement as it attached hereto. These documents can be viewed at httos.✓/www das ca aov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BUSINESS ADDRESS 20 Civic Center Plaza CITY Santa Ana STATE CA ZIP 92701 PRINTED NAME OF PERSON SIGNING TITLE CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED City Council 29-5 7/19/2022 Page 1 of 2 SCOID: 7730-0000000000000000000081093 STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER (if Applicable) STD 213 (Rev. 042020) 000000000000000000081093 CONTRACTING AGENCY NAME Franchise Tax Board CONTRACTING AGENCY ADDRESS CITY STATE ZIP P.O. Box 2086 Rancho Cordova CA 95741 PRINTED NAME OF PERSON SIGNING TITLE Michael A. Banuelos Procurement and Contracting Officer or Designee CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION If Applicable) SCM Vol. 1, 4.04.A.2 City Council 29-6 7/19/2022 Page 2 of 2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 81093 the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: CITY ATTORNEY £i0�. arvalho R(y/1aY/ a lodge Assi ant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Downs (Jul 1, 202213:46 PDT) Kathryn Downs, Executive Director Finance and Management Services Agency City Council 29 — 7 7/19/2022 State of California Franchise Tax Board EXHIBIT A SCOPE OF WORK City of Santa Ana Agreement 81093 This Agreement is entered into by and between the Franchise Tax Board, herein after referred to as (FTB), and the City of Santa Ana, herein after referred to as the City. Purpose: This Agreement provides for the reciprocal exchange between FTB and the City tax data specific to city business license information for tax administration purposes. By entering into a reciprocal agreement, each party agrees to bear its own costs of providing the data, and the City is precluded from obtaining reimbursement. Both parties will abide by the legal and confidential provisions of this Agreement. Exhibits A, C, D, E, F, and G, attached hereto and incorporated by reference herein, set forth additional terms to which the parties agree to be bound. No Federal Tax Information will be exchanged. Legal Authority: California Revenue and Taxation Code (R&TC) Section 19551.1 authorizes a reciprocal agreement for the exchange of specified tax information between a City/County and FTB. RUC Section 19551.5 mandates cities/counties to provide city/county business licensing and tax information to FTB upon request. City Responsibilities: 1. The City agrees that the information provided by FTB will be used exclusively to administer the City/County Business Tax Program. 2. The City agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose; and will only be accessed or used by City employees whose duties are to administer the City/County Business Tax Program. 3. The City agrees to provide FTB with tax information pursuant to Format Specifications, Exhibit E, which shall include, but not be limited to, the following: • Business or owner's name • Business or residence address • Federal Employer Identification Number (FEIN) or Social Security Number (SSN) • Ownership type • North American Industry Classification Code or Standard Industry Classification Code • Business start and cessation dates • City Business Tax Number, to be assigned to the City by FTB City Council 29 — 8 7/19/2022 Page 1 of 17 State of California City of Santa Ana Franchise Tax Board Agreement 81093 4. The City agrees to extract and provide city data to FTB annually between April and July for each tax year that the Agreement is in place. If the Agreement is executed after July 31, 2022, the City will have 30 days after execution to provide FTB with the first year's data. 5. The City agrees to submit the records to FTB electronically using FTB's Secure Web Internet File Transfer (SWIFT) system. 6. The City agrees to submit the records to FTB in ASCII fixed -length format, .txt, per the Format Specifications, Exhibit E. 7. The City agrees to resubmit data in the event data is initially submitted with errors. The resubmission of data must be within 30 days of notification. If data is not submitted accurately and timely, the City will forfeit its rights to FTB data for that year. 8. The City agrees that each City employee having access to FTB data shall sign a City/County Business Tax Program Confidentiality Statement, FTB 712 (Exhibit G). The signed statement is to be retained by the City and produced to FTB upon request. 9. The City agrees to submit to FTB a completed Security Questionnaire prior to receiving any FTB data. The Security Questionnaire is valid for the duration of the Agreement. 10. The City agrees to provide a copy of the current resolution, order, or minutes reflecting passage of a motion, or ordinance of the local governing body authorizing the execution of this specific Agreement. FTB Responsibilities: FTB agrees that information provided by the City will be used for tax administration and non -tax programs that FTB administers and may be shared with other state or federal agencies as authorized by law. 2. FTB agrees that information obtained under this Agreement will not be reproduced, published, sold, or released in original or in any other form for any purpose, except as provided in paragraph 1 or otherwise authorized by law. 3. FTB agrees to provide the City with data extracted from the Taxpayer Information (TI) system and Business Entities Tax System (BETS). FTB will provide the City with records for taxpayers within the City's jurisdiction who indicate a business on their personal or business entity income tax return. The Record Layout, Exhibit F, FTB 909A shall include: • Taxpayer name • Taxpayer address • Taxpayer SSN or FEIN • Principal Business Activity code 4. FTB agrees to match the data provided by the City using the SSN or FEIN against FTB's data with a "Yes" or "No" indicator on the Record Layout, Exhibit F, FTB 909A. The first year's data match is at the discretion of FTB based on when the data is received from the City and processed. City Council 29 — 9 7/19/2022 Page 2 of 17 State of California City of Santa Ana Franchise Tax Board Agreement 81093 5. FTB agrees to provide the City with an annual data extract in December 2022 for tax year 2021, in December 2023 for tax year 2022, and in December 2024 for tax year 2023 via SWIFT. 6. FTB agrees to register the City for a SWIFT account allowing for the secure electronic transmission of data. 7. FTB agrees to provide the City with a unique City Business Tax Number to be used for reporting purposes only. 8. FTB agrees to allow the City to resubmit data within 30 days of notification, in the event data is initially submitted with errors. Project Coordinators: The project coordinators during the term of this Agreement will be: Franchise Tax Board Chelsea Van Zant City/County Business Tax Program Manager Data Oversight Program P.O. Box 1468, Mailstop A181 Sacramento, CA 95812-1468 Phone: (916) 845-6304 Email: FTBCCBT(&ftb.ca.gov Return executed agreement to: Franchise Tax Board Richard O'Neal Business Acquisitions Unit P.O. Box 2086, Mailstop A-374 Rancho Cordova, CA 95741-2086 Phone: (916) 845-5597 Fax: (916) 364-2688 Email: Richard. Oneal a- ftb.ca.gov City of Santa Ana Alejandra Gutierrez Senior Management Analyst 20 Civic Center Plaza Santa Ana, CA 92701 Phone: (714) 647-5497 Email: agutierrez(a)santa-ana.orq City Council 29 — 10 7/19/2022 Page 3 of 17 State of California Franchise Tax Board EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS This data exchange is provided at no cost. City of Santa Ana Agreement 81093 City Council 29 — 11 7/19/2022 Page 4 of 12 General Terms and Conditions (GTC 04/2017) EXHIBIT C 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 at seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. City Council 29 — 12 7/19/2022 Page 5 of 17 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post -consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et sec.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. City Council 29 — 13 7/19/2022 Page 6 of 17 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured City Couaction ySee�Government Code Sec ion Page 7 of 17 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) City Council 29 — 15 7/19/2022 Page 8 of 17 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e). ) City Council 29 — 16 7/19/2022 Page 9 of 17 State of California City of Santa Ana Franchise Tax Board Agreement 81093 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. DATA OWNERSHIP: The confidential tax information or sensitive information being provided under this Agreement remains the exclusive property of the providing party. Confidential tax information and other confidential information are not open to the public and require special precautions to protect from loss and unauthorized access, inspection, acquisition, use, disclosure, modification, or destruction. The City (or County) shall have the right to use and process the disclosed information for the purposes stated in the Scope of Work of Exhibit A of this Agreement, which right shall be revoked and terminated immediately upon termination of this Agreement. 2. STATEMENT OF CONFIDENTIALITY: The Franchise Tax Board has taxpayer tax returns and other confidential information and data in its custody. Unauthorized inspection or disclosure of state returns or other confidential information or data is a misdemeanor (Revenue and Taxation Code Sections 19542, 19542.1, Unauthorized inspection or disclosure of federal returns and other confidential federal return information or data is a misdemeanor or a felony (Internal Revenue Code Sections 7213A(a)(2) and (b), and 7213(a)(2), respectively). Upon the approval of this agreement and prior to any access to the confidential or sensitive data of the FTB, each City (or County) employee who may have access to the confidential data of FTB will be required to sign a City/County Business Tax Program Confidentiality Statement, FTB 712 (Exhibit G), attesting to the fact that he/she is aware of the confidentiality of the data and the penalties for unauthorized disclosure thereof under applicable state and federal law. The signed statement(s) shall be retained by the City (or County) and furnished to FTB upon request. 3. USE OF INFORMATION: The City (or County) agrees that the information furnished or secured pursuant to this Agreement shall be used solely for the purposes described in the Scope of Work of Exhibit A. The City (or County) further agrees that information obtained under this Agreement will not be reproduced, published, sold or released in original or in any other form for any purpose other than as identified in the Scope of Work of Exhibit A. 4. EMPLOYEE ACCESS TO INFORMATION: Both FTB and the City (or County) receiving data agree that the information obtained will be kept in the strictest confidence and shall make information available to its own employees only on a "need to know" basis. The "need to know" standard is met by authorized employees who need the information to perform their official duties in connection with the uses of the information authorized by this Agreement. Each party receiving data recognize(s) its responsibility to protect the confidentiality of the information in its custody as provided by law and ensure that such information is disclosed only to those individuals and for such purposes as authorized by law and this Agreement. 5. PROTECTING CONFIDENTIAL INFORMATION/ INCIDENT REPORTING: Both FTB and the City (or County) receiving data, recognize the confidentiality of the information to be exchanged, pursuant to this agreement from unauthorized access, use, or disclosure. Each party receiving data will conduct oversight of its users with access to the confidential information provided under this agreement and will immediately notify the FTB's Informatior Security Audit Unit (SecuritvAuditMail(@.ftb.ca.gov) of any unauthorized or suspected unauthorized accpssps_ lisps and/or ri sclnsurps (incidents). For purposes of this section_ ifti0yedlaWrAs defined as within 24 hours of the d9cevL�7y of the breach. The nWi M622 Page 10 of 17 State of California Franchise Tax Board City of Santa Ana Agreement 81093 must describe the incident in detail and identify responsible personnel (name, title, and contact information). The City (or County) with an incident will comply with the incident reporting requirements in accordance with R&TC Section 19542.1, Civil Code Section 1798.29, SAM Chapter 5300, and SAM Sections 8643 and 20080, and State Information Management Manual 54340-A and 5340-C to facilitate the required reporting to the taxpayers or state oversight agencies. 6. INFORMATION SECURITY: Information security is defined as the preservation of the confidentiality, integrity, and availability of information. A secure environment is required to protect the confidential information obtained from FTB pursuant to this agreement. The City (or County) receiving data will store information so that it is physically secure from unauthorized access. The records received by the City (or County) will be securely maintained and accessible only by employees of the City (or County) business license or tax programs who are committed to protect the data from unauthorized access, use, or disclosure. All FTB electronic data must be encrypted when in transit using FIPS 140-2 approved encryption technology and be password protected and secure at all times when in storage. Confidential information obtained from the FTB must be secured in accordance with the SAM Chapters 5100 and 5300 (Information Security), and National Institute of Standards and Technology (NIST) Special Publication 800-53 (moderate); and additional security requirements provided by FTB. 7. CLOUD COMPUTING ENVIRONMENT: A City (or County) receiving FTB's confidential data must submit a completed FTB Cloud Security Questionnaire before using a Cloud Computing Environment. The questionnaire will be reviewed for approval by FTB's Chief Security Officer, or his/her designee. A Cloud Computing Environment cannot be used to receive, transmit, store or process FTB's confidential data without prior written approval from FTB's Chief Security Officer or his/her designee. 8. DESTRUCTION OF RECORDS: All records received by the City (or County) from FTB under this Agreement, and any database(s) created, copies made, or files attributed to the records received, will be returned or destroyed within three years of receipt or upon termination of the agreement due to a breach of its terms, whichever occurs earlier. The records shall be destructed in a manner to be deemed unusable or unreadable, and to the extent that an individual record can no longer be reasonably ascertained. The City (or County) will notify FTB City/County Business Tax program manager annually in writing at FTB CCBT@FTB.CA.GOV that proper destruction methods have been applied. FTB will destroy city/county data in accordance with the department's data retention policies. 9. DISPUTE RESOLUTION: In the event of a dispute, the City (or County) shall file a "Notice of Dispute" with the Chief Financial Officer of the FTB within ten (10) days of discovery of the problem. Within ten (10) days, the Chief Financial Officer or his/her designee shall meet with the City (or County) for purposes of resolving the dispute. The decision of the Chief Financial Officer shall be final. 10. SURVIVAL OF OBLIGATION TO PROTECT DATA: Each party's obligation to protect the data and information received from the other parry shall survive the expiration or termination of this Agreement. In the event a party continues to provide any data or information to the other party after the expiration or termination of this Agreement, the receiving party agrees to continue to protect all such data and information received in accordance with the provisions of this Exhibit D. and all applicable state and federal laws. City Council 29 — 18 7/19/2022 Page 11 of 17 State of California City of Santa Ana Franchise Tax Board Agreement 81093 11. ONSITE SAFEGUARD REVIEW: FTB retains the right to conduct on -site safeguard reviews of the City (or County) use of FTB information and security controls established. The safeguard reviews may include, but are not limited to an examination of the adequacy of information security controls, "need to know," and use justifications established by the City (or County) to ensure compliance with the terms and conditions of this agreement. FTB will provide a minimum of seven (7) days' notice of a safeguard review being conducted by FTB staff. The City (or County) will take appropriate disciplinary actions against any user determined to have violated security or confidentiality requirements. 12. LIMITED WARRANTY: Neither party represents or warrants the accuracy or content of the material available through this Agreement, nor each expressly disclaims any express or implied warranty, including any implied warranty of fitness for a specific purpose. 13. CANCELLATION: Either party may terminate this Agreement, in writing for any reason, upon thirty (30) days' prior written notice. This Agreement may be terminated immediately by either party in the event of any breach of the terms of this Agreement. 14. NO THIRD PARTY LIABILITY: Nothing contained in or related to this agreement shall create any contractual relationship between either of the Parties and any other party, except between FTB and the City (or County); and no other party shall relieve the City (or County) or FTB of its responsibilities and obligations hereunder. Each of the parties agrees to be fully responsible for the acts and omissions of its third party contractors and agents, and of persons either directly or indirectly employed by the party. Neither of the parties shall have any obligation to pay, or to see to the payment of, any monies to any party or persons either directly or indirectly employed by the other. City Council 29 — 19 7/19/2022 Page 12 of 17 State of California City of Santa Ana Franchise Tax Board Agreement 81093 EXHIBIT E CITY AND COUNTY RECORD FORMAT SPECIFICATIONS (FTB 9091 Data Element Name Start End Field Usage Description Pos. Pos. Size SOCIAL SECURITY NUMBER (SSN) FEDERALEMPLOYER ID NUMBER (FEIN) OWNERSHIP TYPE OWNER'S LAST NAME OWNER'S FIRST NAME OWNER'S MIDDLE INITIAL BUSINESS NAME BUSINESSADDRESS NUMBER AND STREET 1 9 9 10 18 9 19 19 1 20 34 15 35 45 11 46 46 1 47 86 40 87 126 40 CITY 127 166 40 STATE 167 168 2 ZIPCODE 169 177 9 BUSINESS START DATE 178 185 8 AN Must be present unless FEIN is provided. Fill unused field with zeros. AN Must be present unless SSN is provided. Fill unused field with zeros. AN Must be present: S = Sole Proprietorship P = Partnership C = Corporation T = Trust L = Limited Liability Company AN Must be present if Ownership Type in position 19 = S. AN Must be present if Ownership Type in position 19 = S. AN May be left blank. AN Enter if business is operating under a fictitious name (Doing Business As (DBA)). AN Address of the business location or the residence of the owner if sole proprietorship. A Must be present. A Enter standard state abbreviation. AN Enter the five- or nine -digit ZIP Code assigned by the U.S. Postal Service. If only the first five -digits are known, left -justify information and fill the unused fields with zeros. N Enter the eight -digit date (MMDDYYYY). Zero fill if not known. City Council 29 — 20 7/19/2022 Page 13 of 17 State of California Franchise Tax Board BUSINESS CEASE DATE 186 193 8 N City of Santa Ana Agreement 81093 Enter the eight -digit date (MMDDYYYY) if out of business. Zero fill if unknown or still in business. Data Element Name Start Pos. End Pos. Field Size Usage Description CITY BUSINESS TAX 194 196 3 N Enter three -digit number assigned NUMBER byFTB. NORTH AMERICAN 197 202 6 N Enter the two- to six -digit NAICS I N DUSTRYCLASSI FI CATION SYSTEM (NAICS) STANDARD INDUSTRIAL203 CLASSIFICATION (SIC) TOTAL RECORD LENGTH 206 4 N 206 code. Left justify. (example 99 will be 9900). Fill unused fields with zeros. Enter the 2-4 digit SIC code. Left justify (example 99 will be 9900). Fill unused fields with zeros. City Council 29 — 21 7/19/20�age 14 of 17 State of California Franchise Tax Board City of Santa Ana Agreement 81093 EXHIBIT F I 9_1 �`Ct'1:I b'1 I9i=11R1:1 �1:14KIJ:1�l �l\'1111�t.'1J3�fI [AG\IlIL`tiYli1-f'W,rl'\1 Field Name Length Start Description Pos. ENTITY TYPE 1 1 " P" — personal income tax record; "B"— business entity tax record. SSN or FEIN 9 2 For "P" records, primarytaxpayer's social security number; For "B" records, federal employer identification number. LAST NAME 40 11 For "P" records, the primary taxpayer's last name; For "B" records, business name. FIRST NAME 11 51 For"P" records ONLY. MIDDLEINITIAL 1 62 For "P" records ONLY. SPOUSE SSN 9 63 For " P" records filed with a joint return. SPOUSE LAST NAME 17 72 For "P" records filed with a joint return. SPOUSE FIRST NAME 11 89 For "P" records filed with a joint return. SPOUSE MIDDLE INITIAL 1 100 For "P" records filed with a joint return. PBACODE 6 101 Principal Business Activity code. ADDRESS NUMBER 10 107 PRE -DIRECTIONAL DI RECTOR 2 117 Postal Service term (i.e., N, S, E, W, NE, NW, SE, SW). STREET NAME 28 119 STREET SUFFIX 4 147 e.g., ST, WAY, HWY, BLVD, etc. POST -DIRECTIONAL I NDICATOR 2 151 Postal Service term (i.e., N, S, E, W, NE, NW, SE, SW). STREET SUFFIX 2 4 153 APARTMENT/SUITE NUMBER 10 157 e.g., APT, UNIT, FL, etc. CITY 13 167 STATE 2 180 Standard state abbreviation. City Council 29 — 22 7/19/2022 Page 15 of 17 State of California City of Santa Ana Franchise Tax Board Agreement 81093 ZIP CODE 5 182 The five -digit ZIP Code assigned bythe U.S. Postal Service. ZIP CODE SUFFIX 4 187 Provided if known. CBT MATCH 1 191 °N" — No match per CBT data. "Y — Yes: CBT matched to state tax return filed. City Council 29 — 23 7/19/202�age 16 of 17 EXHIBIT G is YMMIllijac11i�u��r_uariacuiar-terra) State of California City/County Business Tax Program Confidentiality Statement Franchise Tax Board Confidential tax data is protected from disclosure bylaw, regulation, and policy. Information security is strictly enforced; violators may be subject to disciplinary, civil, and/or criminal action. Protecting confidential tax data is in the best interest of the city, county, and state. As a city/county employee, you are required to protect all information received from the Franchise Tax Board (FTB). To protect confidential tax data, you must: Access or modify tax data solely to perform official duties. Never access or inspect tax data for curiosity or personal reasons. Never show or discuss confidential tax data with anyone who does not have a need to know. Never remove confidential tax data from your worksite without authorization. Place confidential tax data in approved locations only. Unauthorized inspection, access, use, or disclosure of confidential tax data is a crime under state laws including, but not limited to, California Revenue and Taxation Code Sections 19542 and 19552 and Penal Code Section 502. Unauthorized access, inspection, use, or disclosure may result in either or both of the following: State criminal action. Taxpayer civil action. 1 certify that 1 have read the confidentiality statement printed above. 1 further certify and understand that unauthorized access, inspection, use, or disclosure of confidential information may be punishable as a crime and may result in disciplinary and/or civil action against me. Name (print) Each city/county employee accessing FTB data must retain a signed copy of this form and provide it to FTB upon request. FTB 712 (REV 06-2016) City Council 29 — 24 7/19/2022 Page 17 of 17 Exhibit 2—State of California —Dept of GS_FTB Standard Agreement with Exhibits_7-1-22 Final Audit Report 2022-07-01 Created: 2022-07-01 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA1Co-tQekQVT8usThmrkDfnfSHsUhE7Cq "Exhibit 2_State of California —Dept of GS_FTB Standard Agreem ent with Exhibits-1-22" History tj Document created by Kristin Andrade (kandrade@santa-ana.org) 2022-07-01 - 8,42,35 PM GMT- IP address: 98.153.69.210 124 Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2022-07-01 - 8:42:54 PM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2022-07-01 - 8,46,12 PM GMT- IP address: 184.181.115.13 Ag Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2022-07-01 - 8:46:24 PM GMT - Time Source: server- IP address: 184.181.115.13 0 Agreement completed. 2022-07-01 - 8:46:24 PM GMT Q AdobeltXcrd ai�ign 29 - 25 7/19/2022 Public Works Agency www.santa-ana.org/pw Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Vacate Portion of Alley AGENDA TITLE Adopt a Resolution of Intent to Vacate a Portion of Alley North of Second Street between Broadway and Sycamore Street, Abandonment 21-01 RECOMMENDED ACTION Adopt a resolution which declares the City's intent to vacate a portion of alley north of Second Street between Broadway and Sycamore Street, and which sets a public hearing for August 16, 2022. DISCUSSION On December 2, 2014, City Council approved the execution of a Right of Entry and License Agreement (license) with Corbiz, LLC, (Corbiz) to install and maintain improvements within the alley north of Second Street between Broadway and Sycamore Street. The portion of alley subject to the license is adjacent to the Southern Counties Gas Company (SCG) Building at 207 West Second Street. The existing license allowed for the space to be improved and used as an enclosed patio and utility area. Because of the long-term nature of the patio improvements, and the absence of need to use the portion of alley for public access, Corbiz has requested the City vacate the right of way. The requested vacation area is a portion of a north -south aligned, dead-end alley situated between the Santora Building at 207 North Broadway and the SCG Building (Exhibit 1 and 2). The alley is connected to Second Street in the Artists Village and terminates at a private parking lot owned by Corbiz at 214 North Sycamore Street. Prior to the construction of the patio improvements in 2014, the alley space had long been underutilized and subject to criminal activity and trash accumulation. In recent years, the owner of the SCG Building, Corbiz, has constructed improvements within the remaining portion of alley, including removal of the outdated archway at the alley's northerly terminus, reconstruction of the stairs and access ramp, installation of drainage improvements, and replacement of the pavement tiles. According to a title report submitted by the applicant, the City owns an easement over the portion of alley, which if vacated would revert to Corbiz and would be incorporated into the City Council 30 — 1 7/19/2022 Resolution to Vacate Portion of Alley July 19, 2022 Page 2 SCG parcel. The remainder of the alley easement will continue to allow the public access between Second Street and the private parking lot. Utilities, other government agencies, and City agencies have been advised of the alley easement vacation. In addition, in order to restrict enclosure of the vacated space, Corbiz would be required to record a covenant to prohibit new structures and maintain the area as open space before the vacation of the streets becomes effective. The final vacation resolution to be considered for adoption by the City Council will include this condition. California Government Code Section 65402 (Restrictions on Acquisition and Disposal of Real Property) requires a Planning Commission to review and approve certain actions related to City property. Actions related to acquiring, using, or disposing of public property require the Planning Commission to review the proposed use for conformity with the General Plan. Planning Commission Resolution No 2022-xx finds the vacation conforms to the General Plan (Exhibit 3). The recommended action adopts a resolution (Exhibit 4) of the City Council's intent to vacate the streets and sets a public hearing date for August 16, 2022, at which time the order to vacate may be approved by the City Council. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-59 will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Street Vacation Vicinity Map 2. Street Vacation Location Map 3. Planning Commission Resolution 4. Resolution of Intent Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 30 — 2 7/19/2022 City Council 30 — 3 7/19/2022 } a 3 a 0 co m 4 (NTS) 1 0 - n 3RD STREET ----- I 40' 398-267-01 I — 40'- 398-267-09 I i 398-267-02 w l M II �I a Li m IJ Ml�o UI N! u j L----- "— I L---� �E I — — — o------------ � ------ j 2ND STREET i— — — — — — — — — ---- j�— — — — — — -- LEGEND: ABANDONMENT AREA, PORTION OF ALLEY ,J NORTH OF SECOND STREET BETWEEN BROADWAY AND SYCAMORE STREET DIMENSIONS; A = 11.75' B = 79.06' C = 14.50' D = 93.56' E = II.83' VACATION AREA = 932 SF /SANTA�ANA EXHIBIT 2 p■ 1A1n ABANDONMENT N0, 21 01 I` �'�'A , INTENT TO VACATE PORTION OF ALLEY wait . s .ccxvccwv PAGE 1 OF 1 City Council 30 - 4 7/19/2022 RESOLUTION NO. 2022-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DETERMINING GENERAL PLAN CONFORMITY FOR THE VACATION OF A PORTION OF ALLEY NORTH OF SECOND STREET BETWEEN NORTH BROADWAY AND SYCAMORE STREET WHEREAS, California Streets and Highways Code Section 8300 et seq. authorizes the City of Santa Ana to vacate all or any portion of any street or highway within its boundaries and under its jurisdiction to terminate the public's right to use such street; and WHEREAS, pursuant to California Government Code section 65042(a), street vacations must first be submitted to and reported upon by the Planning Commission for conformance with the General Plan; and WHEREAS, the City desires to vacate its interest in a portion of alley north of Second Street between North Broadway and Sycamore Street, as shown on Exhibit A ("Vacation Area"); and WHEREAS, the Vacation Area is a portion of north -south aligned, dead-end alley located immediately adjacent to the Southern Counties Gas Company Building at 207 West Second Street, which is owned by Corbiz, LLC; and WHEREAS, pursuant to an earlier right -of -entry and license agreement between the City and Corbiz, Corbiz has renovated the Vacation Area to include an outdoor patio space and other improvements; and WHEREAS, prior to the construction of the improvements, the alley space had been underutilized and subject to criminal activity and trash accumulation; and WHEREAS, Corbiz has requested that the City vacate the alley space because of the long-term nature of the patio improvements and the absence of the need to use the alley for public access; and WHEREAS, the Vacation Area is unnecessary for present or prospective public use, as determined by the City's Public Works Agency; and WHEREAS, by separate City Council action and following a finding of conformity with the City's General Plan by the Planning Commission, the City desires to vacate the Vacation Area. City Council 30 — 5 7/19/2022 Resolution No. 2022-21 Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Santa Ana as follows: Section 1. The Planning Commission hereby determines that the proposed vacation of the Vacation Area, as shown on Exhibit A, is in conformance with the City's 2022 General Plan. This decision is based upon the Request for Planning Commission Action dated June 13, 2022, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 2. The proposed vacation of the Vacation Area is exempt from review under the California Environmental Quality Act pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact on the environment. The proposed vacation is also exempt from CEQA review under section 15305(c) (minor alterations in land use limitations) of the State CEQA Guidelines. ADOPTED this_ day of June, 2022. AYES: Commissioners: ALDERETE, CALDERON, MCLOUGHLIN, PHAM, WOO (5) NOES: Commissioners: RAMOS (1) ABSENT: Commissioners: ABSTENTIONS: Commissioners: MORRISSEY (1) Bao Pham Vice -Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney City Council 30-6 7/19/2022 Resolution No. 2022-21 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2022-21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 13, 2022.(2., �f Date: 06.20.2022 Recording Secretary City of Santa Ana City Council 30 — 7 7/19/2022 Resolution No. 2022-21 Page 3 of 3 } a 3 Q 0 co m 4 (NTS) 1 - 0 M 3RD STREET ----- I 40' 398-267-01 40'- I — 398-267-09 I 398-267-02 w l i 0 o N I M II �I A w OQ I I I m �l l N! L---� - - - E o------------ � ------ I i 2ND STREET — — — — — — — — ---- i— i�- - - - - - -- LEGEND: ®ABANDONMENT AREA, PORTION OF ALLEY NORTH OF SECOND STREET BETWEEN BROADWAY AND SYCAMORE STREET SANTA ANA PWA weiIt anc5 .ccxn DIMENSIONS; A = 11.75' B = 79.06' C = 14.50' D = 93.56' E = II.83' VACATION AREA = 932 SF EXHIBIT A ABANDONMENT NC. 22-012 INTENT TC VACATE PORTION CF ALLEY PAGE 1 OF 1 City Council 30 — 8 7/19/2022 EXHIBIT 4 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF ALLEY NORTH OF SECOND STREET BETWEEN NORTH BROADWAY AND SYCAMORE STREET (ABANDONMENT NO. 21-01) 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. In accordance with Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, the City Council of the City of Santa Ana hereby declares its intention to vacate a portion of alley north of Second Street between North Broadway and Sycamore Street, as shown on Exhibit A. B. Notice is hereby given that on August 16, 2022, at 5:45 P.M. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by the City Council at which time any and all persons interested in or objecting to the proposed vacation described above may appear and be heard. Section 2. The Clerk of the Council is hereby directed to cause notice of the above -referenced hearing to be published twice, once in each of the two successive weeks prior to the above -referenced hearing, in a newspaper of general circulation in the City. Section 3. The Executive Director of the Public Works Agency is hereby directed to post conspicuously, in the manner prescribed by law, notice of vacation, containing the statement of the day, hour, and place of hearing set forth above, and describing the areas to be vacated, at least two weeks before the day set for said hearing. 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 12022. Vicente Sarmiento Mayor Resolution No. 2022-XXX City Council 30 — 9 7/19/ k 1 of 2 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 'rV John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2022 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2022. Date: Clerk of the Council City of Santa Ana Resolution No. 2022-XXX City Council 30 — 10 7/19/ k2 of 2 } a 3 Q 0 co m 4 (NTS) 1 - 0 M 3RD STREET ----- I 40' 398-267-01 40'- I — 398-267-09 I 398-267-02 w l i 0 o N I M II �I A w OQ I I I m �l l N! L---� - - - E o------------ � ------ I i 2ND STREET — — — — — — — — ---- i— i�- - - - - - -- LEGEND: ®ABANDONMENT AREA, PORTION OF ALLEY NORTH OF SECOND STREET BETWEEN BROADWAY AND SYCAMORE STREET SANTA ANA PWA weiIt arcs .ccxv DIMENSIONS; A = 11.75' B = 79.06' C = 14.50' D = 93.56' E = II.83' VACATION AREA = 932 SF EXHIBIT A ABANDONMENT NC. 21-012 INTENT TC VACATE PORTION CF ALLEY PAGE 1 OF 1 City Council 30 — 11 7/19/2022 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: First Extension of Entitlements for the Central Pointe Mixed -Use Development to be Located at 1801 East Fourth Street AGENDA TITLE: First Extension of Site Plan Review No. 2020-04 for the Central Pointe Mixed -Use Project to be Located at 1801 East Fourth Street RECOMMENDED ACTION Adopt a resolution approving a one-year extension of Site Plan Review No. 2020-04 to November 9, 2023. DISCUSSION On November 9, 2020, the Planning Commission unanimously approved Site Plan Review (SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed -use development, which consists of 644 residential units and 15,130 square feet of commercial space for the property located at 1801 East Fourth Street in the Metro East Mixed Use (MEMU) Overlay Zone. On November 19, 2020, two appeals to the project were filed by separate parties, Appeal Nos. 2020-03 and 2020-04. Both appeal applications were subsequently withdrawn on February 12 and 16, 2022, respectively. Pursuant to Section 8.4 of the Metro East Mixed Use (MEMU) Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years. As a result of the global Covid-19 pandemic, the California Legislature approved AB 1561, which extended entitlements that were effective prior to March 4, 2020, and that were set to expire before December 31, 2021. Due to the various dates of approval and expiration on November 9, 2020 and November 9, 2022, AB 1561 does not apply to the subject entitlement. Therefore, an extension by the City Council pursuant to Section 8.4 of the MEMU Overlay Zone is being requested by the applicant. Due to difficulties stemming from the global COVID-10 pandemic in securing funding, labor, and construction materials, the applicant has been unable to move forward with the development and is requesting an extension for the Site Plan Review. City Council 31-1 7/19/2022 First Extension of Entitlements for the Central Pointe Mixed -Use Development to be Located at 1801 East Fourth Street July 19, 2022 Page 2 In an effort to encourage construction of entitled projects, it is the Planning Division's policy to recommend no more than one-year extensions at a time. The applicant's request is the first of three permissible one-year extensions. Upon the securing of funding for the project, the applicant intends to obtain all necessary building permits for the project by submitting plans for building plan check within the next year and to begin construction activities on the site in 2023. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. FISCAL IMPACT There is no fiscal impact associated with this action. 1. Resolution Extending SPR Np. 2020-04 for One Year 2. Original Resolution No. 2020-38 3. Full Project Plans Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 31 — 2 7/19/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2020-04 FOR THE CENTRAL POINTE MIXED -USE DEVELOPMENT TO BE LOCATED AT 1801 EAST FOURTH STREET 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 November 9, 2020, the Planning Commission unanimously approved Site Plan Review (SPR) No. 2020-04 by adopting Resolution No. 2020-38 for the Central Pointe mixed -use development, which consists of 644 residential units and 15,130 square feet of commercial space for the property located at 1801 East Fourth Street. B. Pursuant to Section 8.4 of the Metro East Mixed Use (MEMU) Overlay Zone document, Site Plan Review approvals must be exercised within two years of approval or become void after two years of inactivity unless the City Council by resolution extends the date on which a MEMU Site Plan Review becomes void for a period or periods not exceeding three years. C. As a result of the global Covid-19 pandemic, the California Legislature approved AB 1561, which extended entitlements that were effective prior to March 4, 2020, and that were set to expire before December 31, 2021. Due to the various dates of approval and expiration on November 9, 2020 and November 9, 2022, AB 1561 does not apply to the subject entitlement. Therefore, an extension by the City Council pursuant to Section 8.4 of the MEMU Overlay Zone is being requested by the applicant. D. Due to difficulties in securing funding, labor, and construction materials stemming from the global Covid -19 pandemic, the applicant has been unable to move forward with the development and is requesting an extension for the Site Plan Review. E. It is the Planning Division's policy to recommend no more than one-year extensions at a time, mainly in an effort to encourage the construction of previously approved projects. City Council 31 — 3 7/19/2022 Resolution No. 2022-XXX Page 1 of 3 F. Upon the securing of funding for the project, the applicant intends to obtain all necessary building permits for the project by submitting plans for building plan check within the next year. G. The applicant filed a request for the extension on May 31, 2022. The extension request came before the City Council on July 19, 2022. H. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. Section 2. Site Plan Review No. 2020-04 is hereby extended for a period of one (1) year from the original date of expiration to November 9, 2023. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated July 19, 2022, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of July, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: �4 � g John M. Funk Chief Assistant City Attorney City Council 31 — 4 7/19/2022 Resolution No. 2022-XXX Page 2 of 3 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers City Council 31 — 5 7/19/2022 Resolution No. 2022-XXX Page 3 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- to be the original resolution adopted by the City Council of the City of Santa Ana on 12022. Date: Clerk of the Council City of Santa Ana City Council 31 — 6 7/19/2022 Resolution No. 2022-XXX Page 4 of 3 LS 11.9.20 RESOLUTION NO. 2020-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2020-04 AS CONDITIONED FOR A NEW MIXED -USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTY LOCATED AT 1801 EAST FOURTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Sean Rawson with Waterford Property Company, representing Park Center Santa Ana Associates, L.P ("Applicant'), is requesting approval of Site Plan Review No. 2020-04, as conditioned, to allow the construction of a new mixed -use development consisting of 644 multi -family residential units and 15,130 square feet of commercial space at 1801 East Fourth Street. B. The subject site has a General Plan land use designation of District Center (DC). The site is located within the Professional zoning district and has an overlay zone designation of Metro East Mixed -Use (MEMU) Overlay Zone (OZ-1), Active Urban district, which permits medium- to high -intensity mixed -use residential, commercial, office, and hotel developments subject to approval of a site plan review (SPR) application by the Planning Commission. C. The MEMU Overlay Zone was adopted in 2007 as a result of interest in developing mixed -use residential and commercial projects in the project area. In 2018, the City of Santa Ana expanded the MEMU designation along First Street between Grand Avenue and the Santa Ana (1-5) Freeway. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices. D. A noticed public hearing was scheduled to be heard before the Planning Commission of the City of Santa Ana on October 26, 2020, but at that time there was not a quorum of the Planning Commission therefore, the item was continued by the Chair to the next regular meeting. On November 9, 2020, the Planning Commission of the City of Santa Ana held the duly noticed public hearing and considered all testimony, written and oral for the project. Resolution No. 2020-38 City Council 31 — 7 7/ l)ft 9 E. Section 41-595.5 of the Santa Ana Municipal Code ("SAMC") requires a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to apply the overlay zone, to ensure the project is in conformity with the overlay zone plan. F. The zoning designation for the subject property is proposed to be Metro East Mixed -Use (MEMU) Overlay Zone (OZ-1) in the Active Urban land use district. G. The Planning Commission determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5, have been established for Site Plan Review No. 2020-04 to allow construction of the proposed project: 1. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The development will activate a vacant and underutilized 8-acre site in the MEMU Overlay Zone. The project will create a new mixed -use development within close proximity to office buildings, Cabrillo Park, Mabury Park, and less than two miles from Downtown Santa Ana providing opportunities to live, work, and recreate. Each building will be five -stories of residential units wrapped around a seven -level parking structure. The height of the buildings will blend in with the heights of the nearby office buildings which range from single -story, three-story and eight -story buildings and will create an interface with the Santa Ana (1-5) Freeway. The project will be built to California Building Code standards, which include energy and water conservation measures and will improve pedestrian mobility by providing new sidewalks, and parkways along Fourth Street and Parkcourt Place. In addition, the publically accessible linear park will serve as a link to the meandering trail along Mabury Street and to Mabury Park to the north. Each building has a centrally located bike room, and there is a rideshare pick-up/drop-off in the middle of the project site. Additionally, the project is within walking distance of the OCTA route 463 bus stop at Fourth Street and Cabrillo Park Drive. The commercial space has been designed with retail floor heights of 20 feet with storefronts that will be visible from Fourth Street. In addition, the commercial space links directly to an on -site public plaza at the corner of Fourth Street and Cabrillo Park Drive which will include outdoor dining opportunities, decorative hardscape, specimen trees and plantings, umbrellas, seating and lawn games. Resolution No. 2020-38 City Council 31 — 8 7/1 9 In addition, the ground floor residential units along Cabrillo Park Drive will have doors and patios with direct access to the street to help activate the street. 2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. The project is consistent with the development standards specified in Section 4 of the MEMU Overlay Zone including land use, stories, development site area, building frontages, publically accessible open space, private/common open space, building setbacks, and parking. 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The project is consistent with the development standards specified in Section 5 of the MEMU Overlay Zone. The buildings are designed with a high quality design that includes varied massing, changes in form, and is comprised of high quality material including metal siding, stone veneer, simulated wood siding, fiber cement lap siding, fiber cement panels, stucco, metal and glass railings, and aluminum storefronts. During the development review process, the architectural design was peer reviewed by John Kaliski Architects and City staff, which resulted in higher -quality building materials, an increase in the commercial square footage and a plaza at the corner of Fourth Street and Cabrillo Park Drive. The project massing is broken into discrete building elements, facades are broken up with the inclusion of private balconies, courtyards, and contrasting building materials. The commercial storefronts are enhanced with cornices and metal canopies and the primary access to the commercial uses will be from Fourth Street. The project promotes pedestrian activity with landscaping and publically accessible open space. Parking areas are screened from the street. Lastly, over 40 percent of the units are over 1,000 square feet. 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. The project is consistent with the development standards specified in Section 7 of the MEMU Overlay Zone. The project has been City Council 31 — 9 7/1 )12!9 designed to ensure compatibility between the residential and non- residential uses on site. The commercial uses have separate entrances from the residential uses, and the parking management plan will manage parking between the residential and nonresidential uses. Each building has a dedicated move -in and commercial loading area that will be screened with roll -up doors and controlled by the property management company. On site lighting will be consistent with Santa Ana Municipal Code Chapter 8 (Security Ordinance). Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 3. In accordance with the California Environmental Quality Act (CEQA), the project has been determined to be adequately evaluated in the previously certified Environmental Impact Report (EIR) No. 2006-01 (SCH No. 2006031041) and Subsequent EIR SEIR No. 2018-15 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and SEIR No. 2018-15 and associated Mitigation Monitoring and Reporting Program (MMRP) will be enforced and apply to the proposed project. In addition, a traffic impact analysis dated July 30, 2020 was also prepared by Linscott Law and Greenspan which analyzed the project's impacts on 25 intersections. The off -site improvements listed the Traffic Impact Analysis shall be implemented. A health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. The HRA finds that a less than significant impact to project residents would occur due to the project's proximity to a major freeway. 1;M?$11TR i1hi[7 City Council 31 — 10 7/1219 Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2020-04 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 26, 2020, and November 9, 2020, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this W, day of November, 2020 by the following vote: AYES: Contreras -Leo, Garcia, Nguyen, McLoughlin, Morrissey, Phan, Rivera (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) c Mark McLough in Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2020-38 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 9, 2020. Date: Ata'c 4ir12_C_ Re6ording Secretary City of Santa Ana P."['&'n Nn 9r19rLQA City Council 31 — 11 7/1W2020 Conditions for Approval for Site Plan Review No. 2020-04 Site Plan Review No. 2020-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this site plan review. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. All proposed site improvements must conform to the Development Project Review approval of DP No. 2019-26, and the staff report exhibits incorporated herein by reference. 2. Applicant shall agree to all recommendations contained within the required technical studies and reports prepared for the project including the Traffic Impact Analysis dated July 30, 2020. All studies and reports shall be finalized by the Applicant and approved by the City of Santa Ana prior to issuance of building permits. 3. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 4. The full volume (first and second levels) of the commercial square footage within both buildings along Fourth Street shall be maintained for commercial purposes only and may not be converted or used for residential purposes. 5. The publicly accessible open space areas as shown on the open space plan shall remain accessible to the public and include a combination of landscape and hardscape as specified in Section 4.5 of the Metro East Mixed -Use Overlay Zone requirements. 6. A residential property manager shall be available at all times that the Project is occupied and Applicant and onsite management shall at all times maintain a 24- hour emergency contact and contact information on file with the City that is also posted at the entrance to the leasing office for public view. Resolution No. 2020-38 City Council 31 — 12 7/1 9 All Project mechanical equipment shall be screened from view from public and courtyard areas. 8. After Project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 9. Prior to issuance of building permits, the Applicant shall submit a green space plan demonstrating that no less than 50 percent and up to 90 percent of the building rooftops (club room and fitness room, ancillary structures and open amenity deck) above the Type IA building area be landscaped with plant material to the extent feasible. City staff shall have the discretion to determine what is feasible and in compliance with the California Building Code for the building rooftops (residential) above the Type IIIA building area be landscaped with plant material. The green space plan shall be subject to the approval of the Director of Planning and Building Agency or his/her designee. The landscaping shall be installed prior to the issuance of certificate of occupancy and/or building permit finals. (Added by Planning Commission) 10. Prior to the issuance of any building permits the subject site must meet the requirements of the Subdivision Map Act (i.e. a Lot Merger or Parcel Map must be recorded for the subject property). 11. Prior to issuance of any building permits, a final detailed amenity plan must be reviewed and approved by Applicant and the Planning Division. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas, as well as an installation plan. 12. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during Project construction. 13. Prior to installation of landscaping, the Applicant shall submit photos and specifications of all trees to be installed on the Project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (48 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier. 14.Applicant shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Applicant shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of the certificate of occupancy and/or building permit finals, Applicant shall submit and obtain approval from the Planning and Building Agency a Parking Management Plan (the "PMP") meeting Resolution No. 2020-38 City Council 31 — 13 7/1 s the requirements of this condition. The approved PMP shall be adhered to and be enforced by the Project at all times. 15. Prior to Certificate of Occupancy issuance, public art shall be installed on the Project site at a value of one-half of one percent (0.5%) of the total valuation of both buildings. The selection, design, and installation of the art shall be subject to review and approval by the Planning and Building Agency, the Community Development Agency, and the Applicant. 16.Prior to Certificate of Occupancy issuance, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant City Council 31 — 14 7/ and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. (f) The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Maintenance Agreement. (g) The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. 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Z � z<� LLI CU LL U � o Clerk of the Council Office www.santa-ana.org/departments/clerk-of-the-council/ Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Assembly Bill 361 AGENDA TITLE: Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 RECOMMENDED ACTION Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. DISCUSSION On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20, suspending certain provisions of the Brown Act to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom with councilmembers and staff all joining from remote locations when necessary. The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021. In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021. It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The City of Santa Ana's current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual legislative bodies can make their own findings for the AB 361 teleconferencing resolution City Council 32 — 1 7/19/2022 Assembly Bill 361 July 19, 2022 Page 2 for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re -visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually. Most recently on June 21, 2022, the City Council adopted Resolution No. 2022-050, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 32 — 2 7/19/2022 RESOLUTION 2022-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361) WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the City Council of the City of Santa Ana, consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2022-004, 2022-015, 2022-021, 2022-026, 2022-033, 2022-037; 2022-043; and 2022-050 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and WHEREAS, Orange County has a medium transmission rate of COVID-19 according to the Center for Disease Control and Prevention community transmission rates; and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and Resolution 2022-XXX City Council 32 — 3 7/1 /282 of 3 WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e). NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows: SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana's City Council and each and every other legislative body of the City. SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361. SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council. SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval. ADOPTED this _ day of July. 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: f cfnvts- K. Laura A. Rossini Chief Assistant City Attorney Resolution 2022-XXX pag(bZ Ity° ouncil 32 — 4 7/19/2022 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-_ to be the original Resolution adopted by the City Council of the City of Santa Ana on 12022. Date: Daisy Gomez Clerk of the Council City of Santa Ana Resolution 2022-XXX City Council 32 — 5 7/1 OS2 of 3 Community Development Agency www.santa-ana.org/departments/community-development/ Item # 33 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Memorandum of Understanding with Required WIOA Partners AGENDA TITLE: Renew Memorandum of Understanding with required Workforce Innovation and Opportunity Act (WIOA) Partners (Contingent upon approval of Housing Authority Item #2.) RECOMMENDED ACTION 1. Authorize the City Manager to execute the Memorandum of Understanding with the Santa Ana WORK Center, Santa Ana College, Employment Development Department, Department of Rehabilitation, SER Jobs for Progress, United American Indian Involvement, Inc., Long Beach Job Corps, and Community Action Partnership of Orange County, which outlines the sharing of resources and expenses associated with the operations of a comprehensive one -stop center for a one-year term expiring June 30, 2023, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve the first amendment to Memorandum of Understanding for Santa Ana Workforce Development Board and the County of Orange Social Services Agency for a one-year term expiring June 30, 2023 and authorize the Board Chair or Vice -Chair to sign. 3. Authorize the City Manager to execute non -substantive amendments, such as adjustment of shared operational expenses, during the term of the Memorandum of Understanding. DISCUSSION At the May 25, 2022 special meeting of the Workforce Development Board by a vote of 13:0 (Gail Araujo, David Elliott and Robert Ruiz absent), the Board recommended the above action for council approval. In order to establish a high quality America's Job Centers of California (AJCC) delivery City Council 33 — 1 7/19/2022 Memorandum of Understanding with Required WIOA Partners July 19, 2022 Page 2 system and enhance collaboration among partner programs, Workforce Innovation and Opportunity Act (WIOA) requires Local Workforce Boards to develop Memorandum of Understanding (MOUs) with a list of AJCC required partners within the Local Workforce Area. These MOUs will serve as a functional tool as well as a plan for how the Local Board and AJCC partners will work together to create a unified service delivery system that best meets the needs of their shared customers. WIOA does not require all partners to be physically co -located at the AJCC, but those that do co -locate are required to share in the operational costs. Currently, the City, Employment Development Department, Department of Rehabilitation, SER Jobs for Progress, County of Orange Social Services Agency, and Santa Ana Housing Authority are co -located at the Santa Ana WORK Center and share the operation costs that is calculated based on square footage of occupancy by each agency and is outlined in Attachment 3 of the MOU agreement. The current partner MOUs will expire at the end of this fiscal year. Typically, the term would be for three years but because the master AJCC office lease expires next year, the city attorney advised a one-year term. When the new lease details are finalized, the MOU exhibits will be updated to reflect the shared costs of the one stop system and then return to City Council approval (Exhibit 1 and 2). The programs and services the WDB is required to have an MOU with are as follows: Program Organization WIOA Title I — Adult, Dislocated Worker and Youth City of Santa Ana WORK Center WIOA Title II — Adult Education and Literacy Santa Ana College/Rancho Santiago Community College District WIOA Wagner-Peyser, Veterans, Trade Adjustment Assistance Act California Employment Development Department WIOA Title IV Vocational Rehabilitation California Department of Rehabilitation Carl Perkins Career Technical Education Santa Ana College/Rancho Santiago Community College District Title V Older Americans Act SER — Jobs for Progress Job Corps Long Beach Job Corps Native American Programs —Section 166 United American Indian Involvement, Inc. Community Services Block Grant Community Action Partnership of OC Housing and Urban Development City of Santa Ana Housing Authority City Council 33 — 2 7/19/2022 Memorandum of Understanding with Required WIOA Partners July 19, 2022 Page 3 Unemployment Compensation (UI) California Employment Development Department Temporary Assistance for Needy Families/CalWORKS Orange County Social Services Agency ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The City Council approved the master lease agreement for the office space at 801 W. Civic Center Drive on October 3, 2017. The WORK Center share of the AJCC monthly operation costs are budgeted and funds are available in the WIOA and Orange County Grant accounts (nos. 12318xxx-various and 12418xxx-various). Funds in the amount of $8,054 for the Housing Authority's share of the monthly operational cost are available in the following Housing Authority Voucher Admin accounts. Account No. Account Description Amount 14018760-62010 Communications $539 14018760-62300 Contract Services $1,028 14018760-62500 Rent Payments $6,487 TOTAL $8,054 The table below reflects the estimated amounts to be received from the State of California Employment Development Department, County of Orange Social Services Agency, SER Jobs for Progress, Inc., State of California Department of Rehabilitation, and the Santa Ana Housing Authority for the duration of the MOU. The partner organizations will be invoiced for their share of the AJCC monthly operations and the funds will be deposited upon receipt into the following accounts: Account No. Account Description PY 2022-23 Total 02501001-25000 Balance Sheet: Deferred $6,172 $6,172 Revenues -Advances 02518002-57000 CDA Special Revenue: Expense $1,870 $1,870 Reimbursement 12318002-57960 WIOA Revenues: Rental of $341,808 $341,808 Property 12318002-57000 WIOA Revenues: Expenses $368 $368 Reimbursement City Council 33 — 3 7/19/2022 Memorandum of Understanding with Required WIOA Partners July 19, 2022 Page 4 12318748-61000 WDB Admin: Salaries Regular $4,356 1$4,356 12318751-various One Stop Program: Various 41,212 41,212 TOTAL $395,786 $395,786 EXHIBIT(S) 1. Memorandum of Understanding 2. Memorandum of Understanding — County of Orange Social Services Agency Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 33 — 4 7/19/2022 EXHIBIT 1 Memorandum of Understanding For Santa Ana Workforce Development Board and [Santa Ana WORK Center AJCC Partner] City Council 33 — 5 7/19/2022 EXHIBIT 1 MEMORANDUM OF UNDERSTANDING l) LEGAL AUTHORITY The Workforce lnnovation and Opportunity Act ("WIOA") sec. 121(c)(1) requires that each Local Workforce Development Area develop and enter into a Memorandum of Understanding ("MOU") with each America's Job Center of California ("AJCC") Partner, consistent with W10A Sec. 121(c)(2). This requirement is further described in the WIOA; Joint Rule for Unified and Combined State Plans, Performance Accountability, and the AJCC System Joint Provisions: Final Rule at 20 CFR 678.500, 34 CFR 361.500, and 34 CFR 463.500, and in Federal guidance. Additionally, the sharing and allocation of infrastructure costs among AJCC Partners is governed by WIOA sec. 121(h), its implementing regulations, and the Federal Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200. 2) PARTIES The parties to this MOU are the City of Santa Ana, the Santa Ana Workforce Development Board ("SAWDB"), and ("AJCC Partner" or "Partner"), a collocated one -stop AJCC Partner located at the Santa Ana WORK Center, 801 W. Civic Center Drive, Suite 200, Santa Ana, CA 92701. 3) PURPOSE The purpose of the MOU is consistent with the provisions of WIOA sec. 121(c)(1), to establish a cooperative working relationship between the SAWDB and the collocated AJCC Partner, and to define their respective roles and responsibilities concerning the operation of the AJCC as it relates to shared services and customers. It serves to establish the framework for providing services to employers, employees, job seekers and others needing workforce services. It also serves to establish a framework to support the established service delivery through the sharing of resources and costs. 4) DURATION This MOU shall become effective July 1, 2022 ("Effective Date"), and terminate June 30, 2023, unless earlier terminated pursuant to the provisions of Paragraph 32 of this MOU; however, the Parties shall be obligated to perform such duties as would normally extend beyond this term, including, but not limited to, obligations with respect to indemnification, reporting and confidentiality. This MOU will remain in effect until the termination date, unless one of the conditions in Paragraph 32 occurs. City Council 33 — 6 7/19/2022 EXHIBIT 1 5) MODIFICATIONS AND REVISIONS This MOU and its Attachments 1, 2, 3, 3-1, and 4, as well as the Office Lease for the AJCC referenced and incorporated herein, constitute the entire agreement between the parties, and no oral understanding not incorporated herein shall be binding on any of the parties hereto. This MOU may be modified, altered, or revised, as necessary, by mutual consent of the parties, by the issuance of a written amendment, signed and dated by the parties, which may require approval by the governing body of each Party. Assignment of responsibilities under this MOU by any of the parties shall require prior written notice and preapproval of all parties. Any assignee shall also commit in writing to the terms of this MOU. 6) SANTA ANA WORKFORCE DEVELOPMENT STRATEGIES Santa Ana's vision rests on integrating current and future resources through its SAWDB Partners. Integration suggests more than parmering or assembling multiple funding sources. It means making certain that all elements of the workforce support system work together to create inviting and seamless services wherever a client enters the system. Santa Ana's vision is sensitive to the needs of its unique demographics. The SAWDB's overall strategies include: a) Identifying regional industry clusters (e.g., manufacturing cluster, medical cluster; etc.) to create new jobs in which Santa Ana's workforce can participate; b) Expanding small business development support as a creator of new jobs and method for growing the local tax base; c) Educating Santa Ana's current and future workforce through classroom pre -training and training activities, plus on-the-job training and workforce skill enhancement activities; d) Offering career pathway programs for both unemployed and employed adults and youth; e) Increasing access to jobs for disconnected and underserved populations, especially youth; f) Organizing, integrating and supporting social and other services through the SAWDB's network of partnerships, volunteer organizations, and established institutional resources; and. g) Assuring funding from all public, private, and other sources in support of its programs. 7) ONE -STOP SYSTEM & SERVICES A. LOCATION The AJCC is currently located in Santa Ana as follows: American Job Center (Comprehensive AJCC) Santa Ana WORK CENTER 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701 (714)565-2600 Open to the Public: Monday — Friday 8:00 am-5:00 pm (Closed on major holidays) City Council 33 — 7 7/19/2022 EXHIBIT 1 The AJCC is currently located at the Santa Ana WORK Center ("SAWC") as described in the Location of AJCC and all Partners, attached herein as Attachment 1 and incorporated herein by reference. Santa Ana ranks as the fourth densest city in the entire nation. SAWC, through its central location in downtown Santa Ana, shall provide and/or coordinate WIOA services to individuals, providing them with the necessary skills to participate in building a world -class workforce in Santa Ana. The SAWC offers the community a variety of informational, employment and training services based on individual needs. Those needs are met by the combined efforts of the SAWC Partners as described by the Santa Ana AJCC Partner Services, included herein as Attachment 2 and incorporated herein by reference. B. SERVICES PROVIDED AT THE SANTA ANA WORK CENTER Services and referrals provided at the SAWC by AJCC Partners may include, but are not limited to, the following: 1. Basic Career Services: a. Eligibility determination; b. Outreach, intake, and orientation to information and services; c. Initial assessment of skill levels, including: literacy, numeracy, and English proficiency; and, aptitudes, abilities, and support service needs; d. Labor exchange services, including: i. Job vacancy listings in labor market areas; ii. Information on job skills needed to obtain the vacant jobs; and, iii. Infonmation relating to in -demand occupations, including earnings and opportunities for advancement; e. Provision of performance and program cost information on the Eligible Training Provider List ("ETPL") eligible programs by program and type of provider f Provision of information in acceptable formats and languages that identify actual performance against performance accountability measures g. Provision of information related to support services h. Provision of information and assistance in filing Unemployment Insurance claims; and, i. Assistance in establishing eligibility for programs of financial aid assistance for training and education programs not funded through WIOA. 2. Individualized Career Services: a. Comprehensive and specialized assessment of skill levels and service needs including: Diagnostic testing; and, other assessment tools; b. In-depth interview and evaluation to determine barriers and goals; c. Development of Individual Employment Plan (TEP) to identify goals, objectives, and services; d. Group counseling; e. Individual counseling; f Career planning; g. Short-term pre -vocational services, including: development of learning skills; communication skills; and, other soft skills to prepare individuals for employment or training; City Council 33 — 8 7/19/2022 4 EXHIBIT 1 h. Workforce preparation activities, including: basic academic; and, obtaining other skills necessary for successful transition into postsecondary education, training or employment; Financial literacy services; and, j. Out -of -area job search assistance and relocation assistance. 3. Trainine Services: a. Occupational skills training; b. On -the -Job training; c. Incumbent worker training; d. Programs that combine workplace training with include cooperative education programs; e. Training programs operated by the private sector; f. Skill upgrading and retraining; g. Entrepreneurial training programs; h. Transitional jobs; i. Job readiness training provided in combination training Services; related instruction, which may with any of the aforementioned j. Adult education and literacy activities, including: activities of English language acquisition; and, integrated education and training programs provided concurrently or in combination with any of the aforementioned training services; k. Customized training; 1. hrternships and work experiences that are linked to careers; and, m. English language acquisition and integrated education and training program. 4. Emolover Services: a. Recruitment and other business services on behalf of employers. C. SYSTEM STRUCTURE 1. AJCC ONE -STOP OPERATOR PROCUREMENT The SAWDB will procure the AJCC Operator through a competitive process in accordance with the Uniform Guidance Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 (Uniform Guidance), including the Office of Management and Budget's (OMB) approved exceptions for the U.S. Department of Labor at 2 CFR pad 2900, W10A and its implementing regulations, and local procurement laws and regulations. All documentation for the competitive AJCC operator procurement will be available for public inspection. The State requires that the AJCC operator is re -competed at least every three years and no later than every four years. 2. ROLES AND RESPONSIBILITIES OF PARTIES a. Provision of Applicable Career Services and Participation in Planning and Development: The parties to this MOU will work closely together to ensure that the AJCC is a high -performing work place with staff that ensure quality of service. The AJCC Partner has indicated they shall provide an array of applicable career services to clients as set forth in the Santa Ana AJCC Partner City Council 33 — 9 7/19/2022 EXHIBIT 1 Services. The AJCC Partner agrees to the responsibilities required of all Partners under WIOA Section 121(b). In addition, the AJCC Partners will participate in joint planning, plan development, and modification of activities to accomplish the following: i. Continuous partnership building; ii. Continuous planning in response to state and federal requirements; and, iii. Responsiveness to local and economic conditions, including employer needs. Parties agree to the co -enrollment of mutual customers in case management to better leverage the resources available for the benefit of the participant and enhance successful outcomes and participate in the operation of the one -stop system consistent with the terms of the MOU and requirements of authorized laws. Both parties agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or behavior that requires police intervention. Parties agree to collaborate and reasonably assist each other in the development of necessary service delivery protocols for the services outlined in this MOU. Parties agree that the provisions contained herein are made subject to all applicable federal and state laws, implementing regulations, and guidelines imposed on either or all the parties relating to privacy rights of customers, maintenance of records, and other confidential information relating to customers. Parties agree that all equipment and furniture purchased by any party for purposes described herein shall remain the property of the purchaser after the termination of this MOU. b. Parties shall comply with: i. Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Ride, published December 2, 2016); ii. Title Vl and VII of the Civil Rights Act of 1964 (Public Law 88-352), as amended; iii. Section 504 of the Rehabilitation Act of 1973, as amended; iv. The Americans with Disabilities Act of 1990, as amended; V. The Jobs for Veterans Act (Public Law 107-288) pertaining to priority of service in programs funded by the U.S. Department of Labor; vi. Training and Employment Guidance Letter (TEGL) 37-14, Update on Complying with Nondiscrimination Requirements: Discrimination Based on Gender Identity, Gender Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the Workforce Development System and other guidance related to implementing WIOA sec. 188; vii. The Non-traditional Employment for Women Act of 1991; viii. The Age Discrimination Act of 1967, as amended; City Council 33 — 10 7/19/2022 0 EXHIBIT 1 ix. The Age Discrimination Act of 1975, as amended; X. Title IX of the Education Amendments of 1972, as amended; xi. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR part 99); xii. Title IX of the Education Amendments of 1972, as amended; xiii. Confidentiality requirements governing the protection and use of personal information held by the VR agency (34 CFR 361.38); xiv. The confidentiality requirements governing the use of confidential information held by the State UI agency (20 CFR part 603); and, xv. All amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. The Parties agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or activity that requires policy intervention. 8) COLLOCATED AJCC PARTNER RESPONSIBILITIES Partner commits to collocation of staff, as appropriate, and to providing other professional learning opportunities that promote continuous quality improvement. Partner will further promote system integration to the maximum extent feasible through: a. Effective communication, information sharing, and collaboration with the AJCC operator; b. Joint planning, policy development, and system design processes; c. Commitment to the joint mission, vision, goals, strategies, and performance measures; d. The design and use of common intake, assessment, referral, and case management processes; e. The use of common and/or linked data management systems and data sharing methods, as appropriate; f. Leveraging of resources, including other public agency and non-profit organization services; g. Participation in a continuous improvement process designed to boost outcomes and increase customer satisfaction; and h. Participation in regularly scheduled Partner meetings to exchange information in support of the above and encourage program and staff integration. City Council 33 — 11 7/19/2022 7 EXHIBIT 1 Partner shall provide applicable career services to clients as set forth in the Santa Ana AJCC Partner Services. 9) REFERRALS The primary principle of the referral system is to provide integrated and seamless delivery of services to workers, job seekers, and employers. In order to facilitate such a system, Partners will ensure and agree to: a. Familiarize themselves with the basic eligibility and participation requirements, as well as with the available services and benefits offered, for each of the Partners' programs represented in the AJCC network; b. Develop materials summarizing their program requirements and making them available for Partners and customers; c. Develop and utilize common intake, eligibility determination, assessment, and registration forms, as appropriate; d. Provide substantive referrals to customers who are eligible for supplemental and complementary services and benefits under Partner programs; e. Regularly evaluate ways to improve the referral process, including the use of customer satisfaction surveys; f. Commit to robust and ongoing communication required for an effective referral process; g. Commit to actively follow upon the results of referrals and assuring that Partner resources are being leveraged at an optimal level; h. Ensure that intake and referral processes are customer -centered with the intent to provide high quality customer service; i. Ensure that general information regarding AJCC programs, services, activities, and resources shall be made available to all customers as appropriate; j. Ensure that referrals will be made via email or other electronic means; k. Ensure that referrals will include a direct link or access to other AJCC Partner staff that can provide meaningful information or service, through the use of co -location, or real-time technology (two-way communication and interaction with AJCC Partners that results in services needed by the customer); and, 1. Ensure that the referral process will include specific staff name, the activity required, desired outcome and a method for communicating back to the referring agency that the service need was addressed. City Council 33 — 12 7/19/2022 W EXHIBIT 1 10) SUPERVISION/DAY TO DAY OPERATIONS a. Day -to -Day Supervision The day-to-day supervision of staff assigned to the AJCCs will be the responsibility of the site supervisor(s). Partner will continue to set the priorities of its staff assigned to the AJCC. Any change in work assignments or any concerns involving the responsibilities of the parties which occur at the worksite will be handled by the site supervisor(s) and Partner management. b. Santa Ana WORK Center Hours of Operation The SAWC is open for business: Monday through Friday from 8:00 am until 5:00 pm (Closed on major holidays). c. Partner Staff Ofce Hours The office hours for Partner staff at the AJCC will be established by the Partner. All Partner staff will comply with their corresponding holiday schedule and will provide a copy of their holiday schedule to the SAWDB and SAWC at the beginning of each fiscal year. d. Building Accessibility All Partner staff assigned to the SAWC will be issued an access card to SAWC suite 200 and a parking lot pass that allows them to enter and exit the parking lot. It is all individual staffs responsibility to keep them secure. Should they damage or lose them they can be replaced by the SAWDB at the expense of the individual agency staff. e. Benefzts Each party shall be solely liable and responsible for providing to, or on behalf of, its employee(s), all legally -required employee benefits. In addition, each party shall be solely responsive and hold all other parties harmless from all matters relating to payment of each party's employee(s), including compliance with social security withholding, workers' compensation, and all other regulations governing such matters. 1 l) AJCC OPERATING BUDGET The purpose of this section is to establish a financial plan, including terms and conditions, to fund the services and operating costs of the local AJCC. The parties to this MOU agree that joint funding is a necessary foundation for an integrated service delivery system. The goal of the operating budget is to develop a funding mechanism that: a. Establishes and maintains the Local workforce delivery system at a level that meets the needs of the job seekers and businesses in the Local area; b. Reduces duplication and maximizes program impact through the sharing of services, resources, and technologies among Partners (thereby improving each program's effectiveness); City Council 33 — 13 7/19/2022 E EXHIBIT 1 c. Reduces overhead costs for any one Partner by streamlining and sharing financial, procurement, and facility costs; d. Ensures that costs are appropriately, shared by AJCC Partners by determining contributions based on the proportionate use of the AJCC centers and relative benefits received, and requiring that all funds are spent solely for allowable purposes in a manner consistent with the applicable authorizing statutes and all other applicable legal requirements, including the Uniform Guidance; and, e. All parties will meet and confer regarding replacement, acquisition, cleating and maintenance of furnishings. The parties consider this AJCC operating budget the master budget that is necessary to maintain the SAWDB's high -standard AJCC. It includes the following cost categories, as required by WIOA and its implementing regulations: a. Infrastructure costs (also separately outlined below in the Infrastructure Funding Agreement); b. Career services: and c. Shared services. All costs must be included in the MOU, allocated according to the AJCC Partner's proportionate use and relative benefits received, reconciled every six (6) months against actual costs incurred, and adjusted accordingly. The AJCC operating budget is expected to be transparent and negotiated among Partners on an equitable basis to ensure costs are shared appropriately. All Partners must negotiate in good faith and seek to establish outcomes that are reasonable and fair. All Partners must adhere and reference the rules and regulations included in the executed Office Lease, incorporated herein by reference. 12) INFRASTRUCTURE FUNDING AGREEMENT The Infrastructure Funding Agreement ("1FA") contains the infrastructure costs budget that is an integral component of the overall AJCC operating budget. The 1FA is a mandatory component of the local MOU, described in W1OA sec. 121(c) and 20 CFR 678.500 and 678.755. The 1FA contains the AJCC Comprehensive Infrastructure Budget, and Other System Cost Budget, included herein as Attachment 3 and incorporated herein by reference, that is an integral component of the overall AJCC operating budget. The other component of the 1FA is the Applicable Career Services, attached herein as Attachment 3-1 and incorporated herein by reference, which includes the shared operating costs and shared services. The overall AJCC operating budget includes the Comprehensive Cost Allocation and Partner Contributions, attached herein as Attachment 4 and incorporated herein by reference. AJCC infrastructure costs are defined as non -personnel costs that are necessary for the general operation of the AJCC, including, but not limited to: a. Rental of the facilities; b. Utilities and maintenance; City Council 33 — 14 7/19/2022 10 EXHIBIT 1 c. Equipment, including assessment -related products and assistive technology for individuals with disabilities; and, d. Technology to facilitate access to the AJCC, including technology used for the center's planning and outreach activities. Changes in the AJCC Partners or an appeal by an AJCC Partner's infrastructure cost contributions will require an amendment of the MOU. 13) COST ALLOCATION METHODOLOGY The purpose of this infrastructure cost sharing methodology is to summarize, in writing, the methods and procedures that the SAWDB will use to share costs with the AJCC Partner. The AJCC Partner agrees that it will be charged on a monthly basis according to the following cost sharing methodology, and that monthly payment willbe submitted within the first ten (10) calendar days of each month. 14) INFRASTRUCTURE COST ALLOCATION METHODOLOGY a. Rent Costs: Rent costs shall be based only on the base rent. The base rent is derived from the total assigned square footage, calculating the percentage of usage by AJCC Partner and applying that percentage to the common area square footage. Assigned square footage plus the percentage of common area square footage equals total square footage for each AJCC Partner. Total square footage for each AJCC Partner multiplied by the base rent per square foot equals total base rent for each AJCC Partner as indicated in the AJCC Comprehensive Infrastructure Budget, and Other System Cost Budget and the Comprehensive Cost Allocation and Partner Contributions. The base rent has an annual increase of no more than 3% over the five-year life of the Office Lease document, incorporated herein by reference. b. Utilities and Maintenance: This section includes only telephone services, which includes voice -mail on AJCC Partners' phones. Costs for staff phones are charged based on the AJCC Partner's assigned space. Common area phones will be charged according to space allocation. c. Telephones: Telephone costs include the cost of purchasing and installing a new phone system utilized by the AJCC Partners. Telephone costs are based on the actual cost for telephones in assigned spaces. Common area telephones are allocated based on percentage of space allocation. d. Technolor?y and Internet Access Costs: Installation of Network Wireless Bridge will be a monthly charge based on costs from the vendors. The cost per AJCC Partner is derived from the calculation of total percentage of space used by each AJCC Partner. Recurring monthly charges for Internet, Wi-Fi and other technology charges are allocated based on the percentage of total space allocated. Access Card System installation and programing of the key card system, Data & Phone cabling and Switches will be a monthly charge to all collocated Partners based on allocated space. 15) INFRASTRUCTURE CONTRIBUTIONS The AJCC Partner may provide cash, non -cash (in- kind), and third -party in -kind contributions to cover its share of infrastructure costs. In -fund contributions cannot be used to fund non - City Council 33 — 15 7/19/2022 11 EXHIBIT 1 infrastructure costs (such as personnel), and must be valued consistent with Uniform Guidance Section 200.306 to ensure such contributions are fairly evaluated and qualify for the AJCC Partner's proportionate share. If third -party in -kind contributions are made to support the AJCC as a whole (such as facility space), that contribution will not count toward the AJCC Partner's proportionate share of the infrastructure. Rather, the value of the contribution will be applied to the overall infrastructure budget prior to determining proportionate amounts and thereby reduce the contribution required for all AJCC Partners. a. Cash Cash funds provided to the SAWDB, or its designee, by AJCC Partners, either directly or by an interagency transfer, or by a third party. b. Non -Cash Expenditures incurred by AJCC Partners on behalf of the AJCC; and Non -cash contributions or goods or services contributed by a Partner program and used by the AJCC. c. Third party In -kind Contributions of space, equipment, technology, non -personnel services, or other like items to support the infrastructure costs associated with AJCC operations, by a non-AJCC Partner to: Support the AJCC in general; or, Support the proportionate share of AJCC infrastructure costs of a specific Partner [20 CFR 678.720; 20 CFR 678.760; 34 CFR 361.720; 34 CFR 361.760; 34 CFR 463.720; and 34 CFR 463.760]. 16) OTHER AJCC DELIVERY SYSTEM COSTS In compliance with WIOA Joint Rule Section 678.760, the AJCC Partners will use a portion of funds made available under their authorizing federal statute (or fairly evaluated in -kind contributions) to share the additional costs relating to the operation of the One -Stop delivery system. These costs may be shared through cash, non -cash, or third -party in -kind contributions. As required by WSD 16-09, the amount of funds that the AJCC Partner has budgeted to expend on applicable career services and other shared services, which cumulatively with the other AJCC Partners budgeted amounts shall form the Comprehensive Cost Allocation and Partner Contributions. a. Career Services Applicable to the AJCC Partner The AJCC Partner shall provide applicable career services to clients as set forth in the Santa Ana AJCC Partner Services. The agreed upon Applicable Career Services Budget is set forth in Attachment 3-1 attached hereto and incorporated herein by reference. This budget consists of the AJCC Partner's costs for the service delivery of each applicable career service indicated in the Santa Ana AJCC Partner Services. b. Required Consolidated Budget for the Delivery of "Applicable Career Services" The other system costs budget must be a consolidated budget for applicable career services. This budget must include each of the Partners costs for the service delivery of each applicable career City Council 33 — 16 7/19/2022 12 EXHIBIT 1 service and a consolidated system budget for career services applicable to more than one Partner as indicated in the Comprehensive Cost Allocation and Partner Contributions. AJCC Partners understand that while only collocated Partners share infrastructure costs, at this time, all AJCC Partners must share in other System costs through non -cash (in -kind) contributions as set forth herein. 17) DATA SHARING Parties agree that the use of high -quality, integrated data is essential to inform decisions made by policymakers, employers, and job seekers. Additionally, it is vital to develop and maintain an integrated case management system, as appropriate, that informs customer service throughout customers' interaction with the integrated system and allows information collected from customers at intake to be captured once. Parties further agree that the collection, use, and disclosure of customers' personally identifiable information (P1I) is subject to various requirements set forth in Federal and State privacy laws. Partners acknowledge that the execution of this MOU, by itself, does not function to satisfy all of these requirements. All data, including customer PII, collected, used, and disclosed by Partners will be subject to the following: a. Customer PII will be properly secured in accordance with the SAWDB's policies and procedures regarding the safeguarding of PII; b. The collection, use, and disclosure of customer education records, and the PH contained therein, as defined under FERPA, shall comply with FERPA and applicable State privacy laws; c. All confidential data contained in Unemployment Insurance wage records must be protected in accordance with the requirements set forth in 20 CFR part 603; d. All personal information contained in Vocational Rehabilitation records must be protected in accordance with the requirements set forth in 34 CFR 361.38; e. Customer data may be shared with other programs, for those programs' purposes, within the AJCC network only after the informed written consent of the individual has been obtained, where required; f. Customer data will be kept confidential, consistent with Federal and State privacy laws and regulations; and, g. All data exchange activity will be conducted in machine readable format, such as HTML or PDF, for example, and in compliance with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d)). City Council 33 — 17 7/19/2022 13 EXHIBIT 1 All AJCC and Partner staff will be trained in the protection, use, and disclosure requirements governing P11 and any other confidential data for all applicable programs, including FERPA- protected education records, confidential information in UI records, and personal information in VR records. 18) CONFIDENTIALITY All parties expressly agree to abide by all applicable Federal, State, and local laws and regulations regarding confidential information, including PII from educational records, such as but not limited to 20 CFR Part 603, 45 CFR Section 205.50, 20 USC 1232g and 34 CFR part 99, and 34 CFR 361.38, as well as any applicable State and local laws and regulations. Each party will ensure that the collection and use of any information, systems, or records that contain P11 and other personal or confidential information will be limited to purposes that support the programs and activities described in this MOU and will comply with applicable law. Each party will ensure that access to software systems and files under its control that contain PII or other personal or confidential information will be limited to authorized staff members who are assigned responsibilities in support of the services and activities described herein and will comply with applicable law. Each party expressly agrees to take measures to ensure that no PII or other personal or confidential information is accessible by unauthorized individuals. To the extent that confidential, private, or otherwise protected information needs to be shared amongst the parties for the parties' performance of their obligations under this MOU, and to the extent that such sharing is permitted by applicable law, the appropriate data sharing agreements will be created and required confidentiality and ethical certifications will be signed by authorized individuals. With respect to confidential unemployment insurance information, any such data sharing must comply with all of the requirements in 20 CFR Part 603, including but not limited to requirements for an agreement consistent with 20 CFR 603.10, payments of costs, and permissible disclosures. With respect to the use and disclosure of FERPA-protected customer education records and the Pll contained therein, any such data sharing agreement must comply with all of the requirements set forth in 20 U.S.C. § 1232g and 34 CFR Part 99. With respect to the use and disclosure of personal information contained in VR records, any such data sharing agreement must comply with all of the requirements set forth in 34 CFR 361.38. 19) PRESS RELEASES AND COMMUNICATIONS All parties shall be consulted and notified prior to communicating with the press, television, radio or any other form of media regarding its duties or performance under this MOU. Participation of each party in press/media presentations will be determined by each party's public relations policies. The parties agree to utilize the AJCC logo developed by the State of California and the SAWDB on buildings identified for AJCC usage. City Council 33 — 18 7/19/2022 14 EXHIBIT 1 20) ACCESSIBILITY Accessibility to the services provided by the AJCCs and all Partner agencies is essential to meeting the requirements and goals of the local AJCC network. Job seekers and businesses must be able to access all information relevant to them via visits to physical locations as well as in virtual spaces, regardless of gender, age, race, religion, national origin, disability, veteran's status, or on the basis of any other classification protected under state or federal law. 2 1) NON-DISCRIMINATION AND EQUAL OPPORTUNITY All parties to this MOU certify that they prohibit, and will continue to prohibit, discrimination, and they certify that no person, otherwise qualified, is denied employment, services, or other benefits on the basis of. (i) political or religious opinion or affiliation, marital status, sexual orientation, gender, gender identification and/or expression, race, color, creed, or national origin; (ii) sex or age, except when age or sex constitutes a bona fide occupational qualification; or (iii) the physical or mental disability of a qualified individual with a disability. 22) GRIEVANCES AND COMPLAINTS PROCEDURE The AJCC Partner agrees to establish and maintain a procedure for grievance and complaints as outlined in W10A. The process for handling grievances and complaints is applicable to customers and Partners. These procedures will allow the customer or entity filing the complaint to exhaust every administrative level in receiving a fair and complete hearing and resolution of their grievance. The Partner further agrees to communicate openly and directly to resolve any problems or disputes related to the provision of services in a cooperative manner and at the lowest level of intervention possible. All Partners agree to inform each other immediately when a customer violates an established policy that would require there to be banned from the center or involves police authorities. 23) AMERICAN'S WITH DISABILITIES ACT AND AMENDMENTS COMPLIANCE The AJCC Partner agrees to ensure that the policies and procedures as well as the programs and services provided at the AJCC are in compliance with the Americans with Disabilities Act ("ADA") and its amendments. Additionally, the SAWDB and the AJCC Partners will ensure that policies and procedures established by the SA WDB and the AJCC Partners are in compliance with the ADA. 24) HOLD HARMLESS/INDEMNIFICATION/LIABILITY In accordance with provisions of Section 895.4 of the California Government Code, each signatory hereby agrees to indemnify, defend and hold harmless all other signatories identified in this MOU from and against any and all claims, demands, damages and costs arising out of or resulting from any negligent acts or omissions which arise from the performance of the obligations by such indemnifying party pursuant to this MOU. In addition, except for Departments of the State of California which cannot provide for indemnification of court costs and attorney's fees under the indemnification policy of the State of California, all signatories to this MOU agree to indemnify, defend and hold harmless each other from and against all court costs and attorney's fees arising out of or resulting from any negligent acts or omissions which arise from the performance of the City Council 33 — 19 7/19/2022 15 EXHIBIT 1 obligations by such indemnifying party pursuant to this MOU. It is understood and agreed that all indemnity provided herein shall survive the termination of this MOU. 25) SE VERABILITY If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU shall remain in force. 26) DRUG AND ALCOHOL -FREE WORKPLACE All parties to this MOU certify they will comply with the Drug -Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR part 182 which require that all organizations receiving grants from any Federal agency maintain a drug -free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension or debarment under 2 CFR part 180, as adopted by the U.S. Department of Education at 2 CFR 3485, and the U.S. Department of Labor regulations at 29 CFR part 94. 27) CERTIFICATION REGARDING LOBBYING All parties shall comply with the Byrd Anti -Lobbying Amendment (31 U.S.C. Sectionl352), 29 C.F.R. Part 93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200.450. The parties shall not lobby federal entities using federal funds and will disclose lobbying activities as required by law and regulations. 28)DEBARMENT AND SUSPENSION All parties shall comply with the debarment and suspension requirements (E.0.12549 and12689) and 2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the U.S. Department of Education at 2 CFR 3485. 29) PRIORITY OF SERVICE All parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority of service, including, but not limited to, priority of service for veterans and their eligible spouses, and priority of service for the WIOA title 1 Adult program, as required by 38 U.S.C. sec. 4215 and its implementing regulations and guidance, and W10A sec. 134(c)(3)(E) and its implementing regulations and guidance. Partners will target recruitment of special populations that receive a focus for services under WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and English language learners. 30) BUY AMERICAN PROVISION Each party that receives funds made available under title 1 or 11 of WIOA or under the Wagner- Peyser Act (29 U.S.C. Section 49, et. seq.) certifies that it will comply with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the "Buy American Act.") and as referenced in WIOA Section 502 and 20 CFR 683.200(t). City Council 33 — 20 7/19/2022 16 EXHIBIT 1 31) SALARY COMPENSATION AND BONUS LIMITATIONS Each party certifies that, when operating grants funded by the U.S. Department of Labor, it complies with TEGL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109- 234, TEGL 17-15, Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker and Youth Activities Program Allotments for Program Year (PY) 2017; Final PY 2017 Allotments for the Wagner-Peyser Act Employment Service (ES) Program Allotments; and Workforce Information Grants to States Allotments for PY 2017, Public Laws 114-113 (Division H, title 1, Section 105) and 114-223, and WIOA section 194(15)(A), restricting the use of federal grant funds for compensation and bonuses of an individual, whether charged to either direct or indirect, at a rate in excess of the Federal Office of Personnel Management Executive Level H. 32) TERMINATION This MOU will remain in effect until the end date specified in section 4 above, unless: a. Federal oversight agencies charged with the administration of WIOA are unable to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this MOU succeeding the first fiscal period. Any party unable to perform pursuant to MOU due to lack of funding shall notify the other parties as soon as the party has knowledge that funds may be unavailable for the continuation of activities under this MOU; b. WIOA is repealed or superseded by subsequent federal law; c. Local area designation is changed under WIOA; and, d. A parry breaches any provision of this MOU and such breach is not cured within thirty (30) days after receiving written notice from the SAWDB Chair (or designee) specifying such breach in reasonable detail. In such event, the non -breaching party(s) shall have the right to terminate this MOU by giving written notice thereof to the party in breach, upon which termination will go into effect immediately. In the event of termination, the parties to the MOU must convene within thirty (30) calendar days after the breach of the MOU to discuss the formation of the successor MOU. At that time, allocated costs must be addressed. This MOU is of no force or effect until signed by authorized representatives of the participating parties, and approved by the Chief Local Elected Official or his/her designee. The MOU, once signed, becomes part of the local WIOA Plan. Any party may withdraw from this MOU by giving written notice of intent to withdraw at least thirty (30) calendar days in advance of the effective withdrawal date. If agreed to by all parties, the timeframes for notice may be reduced or extended. Notice of withdrawal shall be given to the SAWDB at the address listed in the signed attachments of this MOU, and to the contact person so listed, considering any information updates received by the parties, a courtesy notification shall be made to all parties of this MOU in a timely manner. 33) NOTICES All notices, requests, claims, correspondence, reports, statements authorized or required by this Agreement, and/or other communications shall be addressed as follows: City Council 33 — 21 7/19/2022 17 EXHIBIT 1 City of Santa Ana: City of Santa Ana Administration Services 801 W. Civic Center Dr., Suite 200 Santa Ana, CA 92701 Partner: Santa Ana WORK Center 801 W. Civic Center Dr., Suite 200 Santa Ana, CA 92701 34) INSURANCE The AJCC Partners agree that their current in force insurance or self-insurance coverage programs shall apply to their operations performed under the Workforce Innovation Opportunity Act and at the SAWC, including commercial general liability, property damage liability, business personal property, workers' compensation and employee dishonesty/crime coverages. The City of Santa Ana shall be named as additional insured for such insurance and the coverage shall be primary and non-contributory with regard to the City. 35) AUTHORITY AND SIGNATURES The individuals signing this MOU and its attachments, which are incorporated herein by reference, have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. ATTACHMENTS Attachment I: AJCC Partners Location and Map Attachment 2: Santa Ana AJCC Partner Services Attachment 3: AJCC Comprehensive Infrastructure Budget, and Other System Cost Budget Attachment 3-1: Applicable Career Services Attachment 4: Comprehensive Cost Allocation and Partner Contributions City Council 33 — 22 7/19/2022 Im EXHIBIT 1 THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first written above. FOR THE CITY OF SANTA ANA Attest: Daisy Gomez, Clerk of the Council Recommended for Approval: Steven A. Mendoza, Executive Director Community Development Agency City of Santa Ana: Kristine Ridge, City Manager Approved as to Form: Sonia R. Carvalho, City Attorney /a I Ryan . H ge, Assistant City Attorney FOR SANTA ANA WORKFORCE DEVELOPMENT BOARD Workforce Development Board Chair FOR AMERICA'S JOB CENTER OF CALIFORNIA PARTNER AJCC Partner 20 Civic Center Plaza M-25, Santa Ana, CA 92701 Address Date City Council 33 — 23 7/19/2022 19 E" iitte`chment 1 AJCC Partners Location and Map Partner Program Partner Authorization/Category Physically Organization Co -Located Title I Adult, Dislocated City of Santa Ana and Youth Title I Adult, Dislocated Workers, Youth WIOAWorkers Yes Programs Programs programs Rancho Santiago WIOA title II Adult Education and Family Adult Education/ Community College Literacy Act (AEFLA) program Career and technical education (CTE) Literacy and Carl Perkins District Career Technical programs at the postsecondary level, No Education authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) Wagner-Peyser Employment WIOA title III Wagner-Peyser Employment Development Services, authorized under the Wagner-Peyser Yes Department (EDD) Act (29 U.S.C. 49 et seq.), also providing the state's public labor exchange. Employment Veterans Development Jobs for Veterans State Grants (JVSG), Yes authorized under chapter 41 of title 38, U.S.C. Department (EDD) Employment Trade Adjustment Assistance (TAA), Trade Act Development authorized under chapter 2 of title II of the Yes Department (EDD) Trade Act of 1974 (19 U.S.C. 2271et seq.) Unemployment Employment Insurance (UI) Development Unemployment Insurance ( programs under No state unemployment compensation laws. Department (EDD) State Department of WIOA title IV State Vocational Rehabilitation Vocational Rehabilitation program authorized under title I of the Yes Rehabilitation Services Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.) Temporary Assistance Social Service Temporary Assistance for Needy Families for Needy Families Agency -Family Self- (TANF), authorized under part A of title IV of Yes (TANF) Sufficiency the Social Security Act (42 U.S.C. 601 et seq.) Senior Aid Program Senior Community Service Employment Senior Aid Program Regions II & III Program (SCSEP), authorized under title V of Yes SER-Jobs for the Older Americans Act of 1965 (42 U.S.C. Progress, Inc. 3056 et seq.) Job Corps Long Beach Job Corps WIOATitle I C, Jobs Corps No Native American United American Indian Indian and Native American Programs (Section Programs Involvement, Inc. 166) No Housing & Urban Santa Ana Housing Housing & Urban Development (HUD) Development Authority Yes Adult Demonstration Orange County Reentry Employment Opportunities (EO) Sheriff's Department programs authorized under sec. 212 of the No Second Chance Act of 2007 (42 U.S.C. 17532) and WIOA sec. 169 City Council 33 — 24 7/19/2022 E" iitte`chment 1 AJCC Partners Location and Map VI_ w`k-- %. r s,plli7t L^a?VL E.. � FAH'M" W6' . I Z � w sraa aoe AM' 17CH SL. t • 3 r ,ram 1w. C _ 4YIC CENTER p? -v F STH 57. SANTA AKA BL 4TH ST. 13T SII VA r ` r Jf FAME AV ti W 8 9 r K 5T.. U31FIEW PL W z 10 wffi Mot M 55 msgurnm /L1i0H K - 3 _-MCN IV. Y = HSiAItIM6 W- w A' 91RS1j3wER .![ 3S �l Ss�ta Ans'ftCpf Cantu ionbmnial Adult lciction Strw Npartnartci L"BQad1Jnb Cape RahalN1h3&n 19O3Sarvla Fclrra. 7930W. Edin rAm. 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Q ti L oo¢�;maoz N N O I O r_ 7 EXHIBIT 1 Attachment 3 Santa Ana Workforce Development Board AICC Comprehensive Infrastructure Budget, and Other System Cost Budget Tatsl Co56 Santa Ana WORK Center(Gry ofsanaa Anal 7,924.31 39.55% Cost Category/ Line Item Cost Details Equipment Casts Total Monthly Property R¢nt Monthly Cost Monthly Property Rent Total Monthly Rent and Equipment Cost Rent Base Rent Ind. lamtcrial, Maint and Utilities $47,841.10 $18,925.95 $18,925.95 Dperational Cost 2%of Rent Management Fee 11.76%of Rent Total Rent $47,841.10 Utilities/Main Telephone Services Per Person Monthly costs of Dial Tone and Voice Mail Assigned $1,955.00 $722.50 $722.50 Shared Phones by usage persentage $212.50 $84.04 $84.04 SSA Not paying $13.11 $13.11 Securiq, Guard (Annual) lncludes$840 Parking $60,188.11 $1,983.70 $1,983.70 SER Share $0.00 Total Utilities/Maintena race $2,812.80 $0.00 $2,812.80 *Equipment New Phones stem Phones by assigned Phones $9,536.29 $63.14 $63.14 Shared Basic Phones $687.86 $4.36 $4.36 SSA Not paying $0.71 $0.71 Licenses assi ned Phones $4,680.48 $31.57 $31.57 Licenses $557.20 $3.67 $3.67 SSA Not paying $6 $0.60 Switches $5,035.07 19 $33.19 New Phone System Annual Support Cost $9bi $32.37 $32.37 Total Equipment $21,478.97 $169.62 $169.62 **Technology and Access Costs Network wireless Bride Network $14,080.23 $92.81 $92.81 Access System/Card Kcv Cards s[cm $17,194.28 $113.34 $113.34 Data &Phone Cabling Carling $58,097.10 $382.96 $382.96 Information Technology Cost Per Month Wireless Network Bridge Maintenance $7,425.00 $48.94 $48.94 ***Copier (Annual) Resource Roam used by clients only $6,523.201 $43.00 $43.00 Copy room .pier., staff only $4,194.60 $27.65 $27.65 Total Technology and Access $107,514.41 $0.00 $708.70 $708.70 In -Kind Infrastructure'I'0tal $130,948.38 $47,941.10 $3,691.12 $18,925.95 $22,617.07 * rq,q,,vru a a 5Yea' vnronl[a7iott e.<Pessed ,norudly. Cquip,nenr at"n'a( cos/foe aas(gned Ph".1, Pm'Iner's. S hasic P(oncs ure ,'Aaaad Pbmmv "'I'h"'d 6P Pereeumge **7edmalogy rmd Acoev,r Cnv4 are all Aaxed me P"'.ca" m i amorrizvd o*xr S,rcar.c e*L e tea,ve.I egaPmcntmrd ged Iry 11 ,tage_ Addit l { ,rge f", e e rvi[[ he cote ! t d d ekarged City Council 33 - 32 7/19/2022 EXHIBIT 1 Attachment 3-1 APPLICABLE CAREER SERVICES Sharing Other One -Stop Delivery System Costs The budget must include "applicable career services" as well as any other shared costs agreed upon by the AJCC partners. While only co -located partners share infrastructure costs, all One -Stop partners must share in other system costs, including applicable career services. Required Consolidated System Budget for "Applicable Career Services" Summary of Career Services Applicable to Each AJCC Partner The MOU requires identification of the career services that are applicable to each partner program (Attachment 2). Accordingly, this budget includes each of the partner's costs for the service delivery of each applicable career service. Unlike infrastructure cost sharing, other system costs, including "Applicable Career Services" are not limited to the non -personnel costs and should include all costs related to the administration and delivery of those services. AJCC Applicable Career Services SAWC Career Services: $541,376.00 • Eligibility Determination (1) • Outreach, Intake and Orientation (2) • Initial Assessment (3) • Job Search, Placement Assistance, and Career Counseling (4) • Employment Statistics -Labor Market Information (5) • Eligible Provider performance and program Cost Information (6) • Local Performance Information (7) • Supportive Services' Information (8) • Unemployment Compensation (9) • Eligibility Assistance (10) • Follow -Up Services (11) • Comprehensive and Specialized Assessments (12) • Individual Employment Plan Development (13) • Group Counseling (14) • Individual Counseling and Career Planning (15) • Case Management (16) • Short -Tenn Prevocational Services (17) Training $484,982.00 • Occupational Skills Training (1) • On -the -Job Training (OJT) (2) • Workplace and cooperative education (3) • Training programs operated by the private sector (4) • Skills upgrading and retraining (5) • Entrepreneurial training (6) • Job -readiness training (7) • Adult Education and Literacy programs (8) • Customized training (9) City Council 33 — 33 7/19/2022 EXHIBIT 1 Attachment 3-1 APPLICABLE CAREER SERVICES Employer Services $209,549.20 • Employer needs assessment (1) • Job posting (2) • Applicant pre-screening (3) • Recruitment assistance (4) • Training assistance (5) • Labor Market Information (6) • Employer information and referral (7) • Rapid Response and Layoff Aversion (8) Total Career Service Cost $1,235,907.20 City Council 33 — 34 7/19/2022 IT � _ j § � / / \ • \ � \ g : \ � - \ k 46 \ 2- \ ( -� / - - ` E � - o � - - \ \ . 15 WMu:1111111N FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR SANTA ANA WORKFORCE DEVELOPMENT BOARD AND THE COUNTY OF ORANGE SOCIAL SERVICES AGENCY THIS FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING is entered into this day of 2022, by and between 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"), the Santa Ana Workforce Development Board ("SAWDB"), and Countyo Orange Social Services Agency, an America's Job Center of California ("AJCC") partner ("Partner"). RECITALS: A. On May 16, 2019, the City, the SAWDB, and Partner entered into a Memorandum of Understanding pursuant to Workforce Innovation and Opportunity Act ("WIOA") section 121(c)(1), which requires that each Local Workforce Development Area develop and enter into a Memorandum of Understanding with each AJCC partner in order to define the respective roles and responsibilities of each partner concerning the operation of the AJCC ("said MOU"). B. In accordance with the terms and conditions of said MOU, the parties desire to amend said MOU to extend the term of said MOU through the end of the current AJCC ground lease with the property owner. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said MOU, except as herein modified, the parties agree as follows: 1. Section 4, shall be amended to read as follows: "DURATION This MOU became effective as of May 16, 2019, and shall terminate on June 30, 2023. This MOU will remain in effect until the termination date, unless one of the conditions in section 32 occurs." 2. Except as hereinabove modified, the terms and conditions of said MOU remain unchanged and in full force and effect. City Council 33 — 36 7/19/2022 WAMIZIIIN IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said MOU the date and year first above written. CITY OF SANTA ANA Attest: Daisy Gomez, Clerk of the Council Dated: Recommended for Approval: Steven A. Mendoza, Executive Director Cornrnunity Development Agency Dated: City of Santa Ana: Kristine Ridge, City Manager Dated: Approved as to Form: Sonia R. Carvalho, City Attorney /a � Ryan Hc4ge, Assistant City Attorney Dated: April 6, 2022 SANTA ANA WORKFORCE DEVELOPMENT BOARD Workforce Development Board, Chair Dated; City Council 33 — 37 7/19/2022 WHEREFORE, the parties hereto have executed this First Amendment in the County of Orange, California. COUNTY OF ORANGE A Political Subdivision of the State of California Lm CHAIRMAN OF THE BOARD OF SUPERVISORS COUNTY OF ORANGE, CALIFORNIA Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. SEC. 25103, RESO 79-1535 ATTEST: ROBIN STIELER Clerk of the Board County of Orange, California APPROVED AS TO FORM COUNTY COUNSEL COUNTY OF ORANGE, CALIFORNIA LE Dated: DEPUTY City Council 33 — 38 7/19/2022 Public Works Agency www.santa-ana.org/pw Item # 34 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Ceremonial Naming of Streets Policy AGENDA TITLE Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets RECOMMENDED ACTION Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets. DISCUSSION On January 18, 2022, the City Council expressed an interest in recognizing outstanding individuals who have made a significant impact on their community through the commemorative or honorary naming of streets. To allow for the recognition of individuals and philanthropic organizations that are of particular importance to the City of Santa Ana or have made significant contributions to improving the quality of life in the city, the proposed ordinance (Exhibit 1) amends Section 33 of the Santa Ana Municipal Code by adding Article XI to create regulations allowing the ceremonial naming of streets. In conjunction with the municipal code amendment, a ceremonial street naming application (Exhibit 2) has been developed, which will be submitted to the Public Works Agency by the applicant, along with the corresponding processing, fabrication, and installation fees. The ordinance allows for certain requirements, such as submittal of an application, notice of application, and program fees to be waived by majority vote of the City Council when the request is initiated by a current councilmember. The proposed Santa Ana Municipal Code amendments were developed by an Ad Hoc Committee of the Environmental Transportation Advisory Commission (ETAC) composed of ETAC Chair Brain Germain and Commissioners Nathanial Greensides and Dorian Romero. On March 8, 2022, ETAC voted to approve the proposed amendments and to present them to the City Council for consideration. City Council 34 — 1 7/19/2022 Ceremonial Naming of Streets Policy July 19, 2022 Page 2 On April 28, 2022, the City Council requested updates to the proposed ordinance regarding program fees and the amount of time sign toppers can be in place. The Council also requested information on other municipalities' ceremonial street naming processes. Below is a comparison of different municipalities and the method by which the ceremonial naming of streets is approved. Application Sign City Fee Fabrication and Submitted By Approved By Installation Fee Dallas Applicant` Applicant City Council or City Council residents Baltimore None Applicant Residents, with City Dept. of Trans., letters of support ROW Special Events from ward Council Section, Mayor's Office member and Nbad of Nbads, PD and FD. Assoc. Boston None Applicant Residents, with letter City Council of support from ward Council member Houston None None Residents Planning and Dev. Director, City Council Milwaukee Applicant Applicant Residents Citizen advisory committee, City Council New York None Applicant - only Residents Community Board and for replicas City Council, Mayor may veto New None Applicant Residents City Council Orleans Phoenix None Applicant Residents Ward Council member, City Council San Diego Applicant "" Applicant** City Council or City Council residents * Application fee is waived if the applicant is a government agency **Fees can be waived by City Council Some cities, such as Palm Desert and Palm Springs, have legally, not ceremonially, named some of their streets in honor of influential founding residents or celebrities with ties to the cities. Therefore, their processes are different than the process for the aforementioned cities. ENVIRONMENTAL IMPACT There is no environmental impact is associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 34 — 2 7/19/2022 Ceremonial Naming of Streets Policy July 19, 2022 Page 3 EXHIBIT(S) 1. Ordinance 2. Ceremonial Street Naming Permit Application Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 34 — 3 7/19/2022 EXHIBIT 1 brs 4/25/22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING WHEREAS, the Santa Ana City Council desires to recognize individuals and philanthropic organizations that are of particular importance to the City of Santa Ana or have made significant contributions to improving the quality of life in the City by ceremonially naming sections of public streets in their honor; and WHEREAS, currently, there is no formal policy addressing guidelines for the content or placement of ceremonial street signs; and WHEREAS, a policy is needed to ensure consistency, proper neighborhood outreach, traffic safety, and appropriate sign content; and WHEREAS, this ordinance will amend the Santa Ana Municipal Code to authorize the City Council to confer ceremonial names on public streets and allow for the installation of appropriate signage, which shall be distinct from, and not change or replace, existing legal street names and signs, and recognized neighborhood association neighborhood street designations; and WHEREAS, for ease of administration, these regulations will comprise new Article XI of Chapter 33 of the Santa Ana Municipal Code (Streets, Sidewalks and Public Works); and WHEREAS, this ordinance is not intended to apply to the method by which the recognized neighborhood associations of the City currently place their neighborhood street designations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Article XI (Ceremonial Street Naming) is hereby added to Chapter 33 of the Santa Ana Municipal Code (Streets, Sidewalks and Public Works) to read in its entirety as follows. Ordinance No. NS-XXX City Council 34 — 4 7/19/2Pff�' o17 brs 4/25/22 ARTICLE XI. - CEREMONIAL STREET NAMING Sec. 33-259. - Purpose. The purpose of this article is to commemorate the service, lives, and achievements of individuals, philanthropic groups of individuals, or a landmark event, affiliated with the City of Santa Ana where the individual(s) or event has had significant and clearly defined cultural, humanitarian or historic impact on the City by recognizing them with a ceremonial street name that does not cause any disruption of the existing legal street names and abutting uses. Nothing in this article shall pertain to the method by which recognized neighborhood associations place their neighborhood street designations. Sec. 33-260. - General provisions. (a) Only entire blocks of public streets or intersections may be granted ceremonial street names. (b) A ceremonial street naming application may only be initiated by: (1) A resident or owner of a property abutting the street; or (2) Neighborhood or community groups; or (3) A current City Councilmember. (c) Candidates for ceremonial street names shall be limited to the name of an individual, philanthropic organization, significant event or landmark. (d) Ceremonial street names shall be in the form of a "Sign Topper," which is a sheet metal sign that is placed on top of the standard City street sign identification and shall adhere to the following specifications: (1) Ceremonial street naming cannot contain a product name or be used for a commercial purpose. (2) Ceremonial street naming must be a name of an individual, philanthropic organization, landmarks or an event. (3) A ceremonial street Sign Topper must include the word "Honorary." (4) No more than one ceremonial Sign Topper per street block. (5) Only one Sign Topper may be placed on any pole. (6) Sign Toppers shall not be attached to traffic signal mast arms. Ordinance No. NS-XXX City Council 34 — 5 7/19/;fO2�2 °" brs 4/25/22 (7) Ceremonial names shall not duplicate any currently existing official street names. (8) Up to five (5) Sign Toppers may be located at any one intersection, coincident with existing street name signs. (9) Sign Toppers may not be attached to traffic signal poles. (10) No one candidate may receive City Council approval for a Sign Topper recognition on more than one street or intersection. Sec. 33-261. - Criteria for Ceremonial Street Naming. (a) Candidates for ceremonial street names must exhibit a minimum of 10 years of community involvement or demonstrated an extraordinary, consistent and voluntary commitment to the community, or have had contributed significantly to the City of Santa Ana. Significant historic events or City of Santa Ana landmarks may also be considered if supported by significant and clearly defined cultural, humanitarian, or historical impact to the City. (b) An Individual to be honored must have been dead for at least two years prior to the date of application. (c) Candidates, who have already been honored on one street, whether ceremonial or official, may not be honored on another street. (d) Ceremonial street names cannot be an ideology or a commercial interest. Sec. 33-262. - Application Process. (a) Application. An application for a ceremonial street naming must be filed with the Public Works Agency on an application form furnished by the Agency. The application must include all of the following: (1) A statement addressing the criteria for ceremonial street naming set forth in this article. (2) A map showing the proposed location of the entire street block(s) receiving the ceremonial street name. No fractions of a street block may receive the ceremonial street name. (3) If a ceremonial name is proposed for an intersection, a map showing the proposed intersection. No more than five (5) locations at an intersection may receive the ceremonial name. Ordinance No. NS-XXX City Council 34 — 6 7/19/;fM' °" brs 4/25/22 (4) Documentation indicating that two-thirds of the residents or owners of the lots abutting the street or intersection are in support of the ceremonial street name. A. For the purposes of this section, only one (1) adult signature per address, either owner or renter, will be counted. B. Documentation shall be within 60 days from the date of the application. C. Documentation shall be submitted on a form provided by the Director of Public Works. (b) Notice of Application. Within ten (10) calendar days of acceptance by the City of the ceremonial street application, the applicant must provide written notice to the legal owners of the property abutting the proposed ceremonial street or intersection by depositing the notice, properly addressed and postage paid in the United States mail to such owners. (1) The written notice shall include the following: A. The proposed name of the street or intersection; and B. The location of the proposed street or intersection. (2) The City shall provide the addresses of the owners of record of the properties abutting the proposed ceremonial street block(s) or intersection. (3) Applicant will be responsible for paying postage and mailing such notices using the United States mail system. (c) Fees. The following fees are required for a ceremonial street naming. (1) An application fee, as established by resolution of the City Council, must be paid at the time the application is submitted. (2) If approved by the City Council, fees for sign production, hardware costs and installation fees, as established by resolution of the City Council, must be paid prior to sign installation. (d) Public Hearing. The City Council shall consider the application based on the testimony presented at a public hearing and a determination that the application meets the ceremonial street naming criteria standards. (1) If a written protest against the ceremonial street naming has been signed by the residents or owners of twenty percent (20%) of all lots abutting the Ordinance No. NS-XXX City Council 34 — 7 7/19/2M4 °" brs 4/25/22 street, then a favorable vote of three -fourths of all City Councilmembers is required. (2) Otherwise, a ceremonial street application may be approved by a majority vote of City Councilmembers. (e) Waiver. If application is initiated by a current City Councilmember, the requirements of subsections (a) through (c) may be waived by a majority vote of the City Council. (f) Resolution. Approval of the ceremonial street naming shall be made by City Council resolution. Sec. 33-263. - Effective date of ceremonial street name and end date. (a) The ceremonial street name shall end ten (10) years after the date of the resolution approving the ceremonial street name, provided that the City Council at its sole discretion may select a longer or indefinite period. (b) An applicant may re -apply for the ceremonial street name by the same process detailed in this article. Sec. 33-264. - Installation and replacement. (a) Installation. The Director of the Public Works Agency, or his or her designee, is responsible for the fabrication and installation of the ceremonial Sign Toppers. (b) Replacement and Removal. Any ceremonial Sign Topper that has become torn, damaged, defaced, or destroyed shall be repaired, replaced, or removed by the City at the sole cost of applicant following written notice to applicant. Sec. 33-265. - Authority of the Director. The Director of Public Works is authorized to establish rules and procedures and to produce signs, forms and other materials necessary or appropriate to implement the provisions of this article. Section 4. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project', as defined in Section 15378 of the CEQA Guidelines. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any Ordinance No. NS-XXX City Council 34 — 8 7/19/;fO2�5 °" brs 4/25/22 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. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. 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 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ndon Salvatierra Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXX City Council 34 — 9 7/19/2P(V °" brs 4/25/22 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX City Council 34 — 10 7/19/;fd2 ' °" i APPLICATION FOR CEREMONIAL STREET SIGN TOPPERS Applicant's Name: Applicant Contact Person: Applicant Street Address: Office Phone: Mobile Phone: Contact Email Address: Full Name of Honoree: (as it would appear on street sign) Full Name of Street: (to be designated) Full name of each intersecting street within the boundary where the designation begins and ends: Please check all below. Include a brief explanation of each applicable criteria (if you require more space, please provide information as an attachment): ❑ Cultural Impact on the City: ❑ Historical Impact on the City: ❑ Humanitarian Impact on the City: ❑ Connection to/Association with the City: ❑ Connection to Geographical Area of Designated Street: ❑ Additional Supporting Documents & Attachments Application Check List Complete the application, together with the required items indicated below: ❑ Completed Application ❑ Application Fee ❑ Design of Sign Topper per City standards ❑ Petition and supporting documents ❑ Map showing boundary & portion of street proposed for ceremonial street naming You will be contacted by phone or email when application has been forwarded to and assigned to a Public Works Agency staff member. Signature of Applicant: RECEIVED BY: ---IMPORTANT--- Date: DATE: INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED AND WILL BE RETURNED TO THE APPLICANT. Work may begin only AFTER the City has issued the Permit and appropriate fees are paid. Planning and Building Agency www.santa-ana.org/departments/planning-and-building/ Item # 35 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Ordinance Amending Chapter 10 of the Santa Ana Municipal Code Requiring Posting of Property Maintenance Contact Information on Commercial and Industrial Properties AGENDA TITLE: Ordinance Amending Section 10-96 of Article I of Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) of the Santa Ana Municipal Code (SAMC) Requiring the Posting of Property Maintenance Contact Information on Commercial and Industrial Properties RECOMMENDED ACTION Approve the first reading and adopt amendments to Section 10-96 of Article I of Chapter 10 of the Santa Ana Municipal Code (SAMC) requiring commercial and industrial properties (Commercial Centers) to post property management contact information at various locations on each property. DISCUSSION On April 19, 2022, the City Council discussed and directed staff to prepare an ordinance requiring Commercial Centers to publicly post property management contact information at various locations on the property. The proposed ordinance will institute standardized posting requirements for each Commercial Center to post and maintain onsite signage providing the name and 24-hour contact phone number for a responsible party to whom the City and the public can provide notice of any operational or maintenance -related problems associated with the premises. It has been shown that regular maintenance and upkeep of Commercial Centers create a clean and inviting environment for the public, reduce public safety concerns, and prevent a decline in the overall appearance of Commercial Centers within the City. The proposed amendments will provide the public and users of commercial centers the ability to directly contact the responsible party for on -site upkeep, maintenance, and operational concerns. City Council 35 — 1 7/19/2022 Ordinance Amending Chapter 10 of the Santa Ana Municipal Code Requiring Posting of Property Maintenance Contact Information on Commercial and Industrial Properties July 19, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action in that the ordinance will institute a code requirement for Commercial Centers to publicly provide 24-hour contact information and will not create a physical change to the environment. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Draft Ordinance 2. Draft Ordinance (Redline) Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 35 — 2 7/19/2022 70TETIM7304W0019MV. M. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC WHEREAS, throughout the City of Santa Ana, commercial centers display varying degrees of upkeep; and WHEREAS, the disparate maintenance of commercial centers has led to a decline in the overall appearance of the City to the dismay of its residents and an increase in calls to Santa Ana Code Enforcement and the Santa Ana Police Department regarding the condition of commercial centers; and WHEREAS, the City hopes to expedite the process of remedying ill -maintained commercial centers by furnishing the public with an avenue of direct communication with the property management regarding the condition of the property; and WHEREAS, the City now seeks to take robust action to preserve its beauty and code enforcement resources by requiring commercial centers to place signage at all ingresses and egresses indicating the name and phone number of a person responsible for fielding comments, complaints, and concerns from the public regarding the general upkeep and condition of the commercial center; and WHEREAS, the City Council of the City of Santa Ana discussed this subject on April 19, 2022, and directed staff to prepare an ordinance to this effect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Section 10-96 of Article I (In General) of Chapter 10 of the Santa Ana Municipal Code (Crimes and Miscellaneous Law Enforcement Provisions) is hereby amended to read in its entirety as follows: Sec. 10-96. - Loitering, obstructing passage; signs; requirements for commercial centers. (a) Public property. No person, after first being warned by a law enforcement officer, shall loiter, stand, sit or lie in or upon any public street, sidewalk, curb, crosswalk, walkway area or mall so as to hinder or obstruct the free passage of pedestrians or City Council 35 — 3 ord td 912922-xxx Page 1 of 4 vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public. (b) Private property open to the public. No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this section, shall loiter, stand, sit or lie in or upon any portion of private property utilized for public use, so as to hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public. (c) Signs posted as provided in subsection (b) of this section shall conform to the following requirements: (1) Each sign shall not be less than twenty-two (22) inches by thirty (30) inches; (2) Sign colors and materials shall contribute to the sign's legibility, and sign materials shall be compatible with and complement the overall design of the private property; (3) All signs shall be clearly visible to persons in restricted locations; (4) Signs shall have the word "WARNING" not less than two (2) inches in height, and all other lettering shall be at least five -eighths (%) inches in height; (5) Signs shall be posted every one hundred (100) feet; and (6) The following wording shall appear on each sign: "WARNING" "Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, or lying is prohibited and punishable as a misdemeanor." "SAMC Section 10-96" (d) Signage requirement for commercial centers. Every commercial center shall have signs posted at each entrance and exit on the property providing the name and 24-hour contact phone number of a representative of the property management company for the center, or if no property management company, then the name and 24-hour contact phone number of the property owner or the person responsible for the maintenance of the property, to whom the City and the members of the public can provide notice of any operational or maintenance -related problems associated with the premises. Each commercial center owner shall make reasonable and good faith efforts to encourage the public to call this representative to resolve any operational or maintenance -related problems before any calls or complaints are made to the City or law enforcement regarding the same. It shall be unlawful for any responsible person, as defined in section 1-21.1(a) of this Code, or any other person having responsibility over the operation of a commercial center to fail to comply with the requirements of this subsection (d). (e) Commercial center, as used in this section, is a commercial or industrial complex containing a variety of one or more retail stores, restaurants, and other City Council 35 — 4 ord td 912922-xxx Page 2 of 4 businesses providing goods and/or services to the public, housed in a series of connected and/or adjacent buildings and structures within an integrated campus that shares common areas and parking facilities, and which fronts onto one or more roadways. (f) Signs posted as provided in subsection (d) of this section shall conform to the following requirements: (1) Each sign shall not be less than eighteen (18) inches X twenty-four (24) inches;(2) Sign colors and materials shall contribute to the sign's legibility, and sign materials shall be compatible with and complement the overall design of the commercial center;(3) Signs shall be of a font that is legible from a distance of forty-five (45) feet; and(4)The following wording shall appear on each sign: "This property is managed by (name). To report any problems or concerns regarding this property, call (name and 24-hour contact phone number.)" "SAMC Section 10-96" Section 3. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 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. 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 2022. Vicente Sarmiento Mayor City Council 35 — 5 ord td 912922-xxx Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers IH-1ii1.Ta'ti 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- 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 City Council 35 — 6 ord td 912922-xxx Page 4 of 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC WHEREAS, throughout the City of Santa Ana, commercial centers display varying degrees of upkeep; and WHEREAS, the disparate maintenance of commercial centers has led to a decline in the overall appearance of the City to the dismay of its residents and an increase in calls to Santa Ana Code Enforcement and the Santa Ana Police Department regarding the condition of commercial centers; and WHEREAS, the City hopes to expedite the process of remedying ill -maintained commercial centers by furnishing the public with an avenue of direct communication with the property management regarding the condition of the property; and WHEREAS, the City now seeks to take robust action to preserve its beauty and code enforcement resources by requiring commercial centers to place signage at all ingresses and egresses indicating the name and phone number of a person responsible for fielding comments, complaints, and concerns from the public regarding the general upkeep and condition of the commercial center; and WHEREAS, the City Council of the City of Santa Ana discussed this subject on April 19, 2022, and directed staff to prepare an ordinance to this effect. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Section 10-96 of Article I (In General) of Chapter 10 of the Santa Ana Municipal Code (Crimes and Miscellaneous Law Enforcement Provisions) is hereby amended to read in its entirety as follows: Sec. 10-96. - Loitering, obstructing passage; signs; requirements for commercial centers. (a) Public property. No person, after first being warned by a law enforcement officer, shall loiter, stand, sit or lie in or upon any public street, sidewalk, curb, crosswalk, walkway area or mall so as to hinder or obstruct the free passage of pedestrians or City Council 35 — 7 0rdM9Jpp22-xxx Page 1 of 4 vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public. (b) Private property open to the public. No person, after first being warned by a law enforcement officer, or where a sign or signs have been posted in accordance with this section, shall loiter, stand, sit or lie in or upon any portion of private property utilized for public use, so as to hinder or obstruct the free passage of pedestrians or vehicles thereon; nor shall any person block, obstruct or prevent the free access to the entrance of any building open to the public. (c) Signs posted as provided in ##pis -subsection (b) of this section shall conform to the following requirements: (1) Each sign shall not be less than twenty-two (22) inches by thirty (30) inches; (2) Sign colors and materials shall contribute to the sign's legibility, and sign materials shall be compatible with and complement the overall design of the private propertYGelers Af suGh signs shall be eptinnob (3) All signs shall be clearly visible to persons in restricted locations; (4) Signs shall have the word "WARNING" not less than two (2) inches in height, and all other lettering shall be at least five -eighths (%) inches in height; (5) Signs shall be posted every one hundred (100) feet; and (6) The following wording shall appear on each sign: "WARNING" "Unreasonable obstruction of pedestrian traffic in this area by persons loitering, standing, sitting, or lying is prohibited and punishable as a misdemeanor." "SAMC Section 10-96" (d) Signage requirement for commercial centers. Every commercial center shall have signs posted at each entrance and exit on the property providing the name and 24-hour contact phone number of a representative of the property management company for the center, or if no property management company, then the name and 24-hour contact phone number of the property owner or the person responsible for the maintenance of the property, to whom the City and the members of the public can provide notice of any operational or maintenance -related problems associated with the premises. Each commercial center owner shall make reasonable and good faith efforts to encourage the public to call this representative to resolve any operational or maintenance -related problems before any calls or complaints are made to the City or law enforcement regarding the same. It shall be unlawful for any responsible person, as defined in section 1-21.1(a) of this Code, or any other person having responsibility over the operation of a commercial center to fail to comply with the requirements of this subsection (d). City Council 35 — 8 ordM9jpp22-xxx Page 2 of 4 (e) Commercial center, as used in this section, is a commercial or industrial complex containing a variety of one or more retail stores, restaurants, and other businesses providing goods and/or services to the public, housed in a series of connected and/or adjacent buildings and structures within an integrated campus that shares common areas and parking facilities, and which fronts onto one or more roadways. (f) Signs posted as provided in subsection (d) of this section shall conform to the following requirements: (1) Each sign shall not be less than eighteen (18) inches x twenty-four (24) inches; (2) Sign colors and materials shall contribute to the sign's legibility, and sign materials shall be compatible with and complement the overall design of the commercial center; (3) Signs shall be of a font that is legible from a distance of forty-five (45) feet; and (4) The following wording shall appear on each sign: "This property is managed by (name). To report any problems or concerns regarding this property, call (name and 24-hour contact phone number.)" "SAMC Section 10-96" Section 3. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 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. 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. City Council 35 — 9 0rdM9Jpp22-xxx Page 3 of 4 r_uz•�ira.�� day of 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �4 ?K'� John M.Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana City Council 35 — 10 ordMgjP+m22-xxx Page 4 of 4 City Manager Office www.santa-ana.org/city-managers-office Item # 36 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Proposed Voter Ballot Measure(s) for the November 8, 2022 General Municipal Election to Amend the City Charter AGENDA TITLE: Discuss and Provide Direction Regarding One or More Proposed Voter Ballot Measures to Amend the City Charter as Recommended by the Charter Review Ad Hoc Committee RECOMMENDED ACTION Discuss and provide direction regarding one or more proposed voter ballot measures for the November 8, 2022 General Municipal Election to amend the City Charter, as recommended by the Charter Review Ad Hoc Committee, as follows: to clarify when the term of mayor or councilmember is to begin; consolidate term limit provisions into one section; expand the applicability of the code of Ethics and Conduct and prescribe a procedure to report allegations of violation; clarify when the City Council may be the judge of elections; clarify the process for the adoption of resolutions and ordinances; streamline the process for claims and payments; update Civil Service provisions to be consistent with state and applicable laws; update anti -discrimination provisions to be consistent with federal and applicable laws; require the City to adopt a nepotism policy; change the name of a City department; eliminate work stoppage provisions to be consistent with state and applicable laws; allow enforcement of campaign contribution and campaign committee provisions by a state or county entity; replace gender -specific pronouns with gender -inclusive pronouns; change the title of a City official; adjust the Mayor's term from four two-year terms to two four-year terms; impose a lifetime ban relating to the term of Mayor and member of the City Council by removing the eight -year cooling -off provision; increase the salary of the Mayor and members of the City Council; and change the voting approval requirements to require a two-thirds vote of the City Council to adopt the City budget. DISCUSSION At the April 5, 2022 City Council meeting, staff presented 16 proposed Charter amendments for the November 8, 2022 General Municipal Election, as recommended by the Charter Review Ad Hoc Committee, to the City Council. The City Council concurred with the Charter Review Ad Hoc Committee's recommendation and directed staff to prepare the necessary documents required to prepare voter ballot measures for these 16 proposed amendments. At this same meeting, members of the City Council introduced City Council 36 — 1 7/19/2022 Proposed Ballot Measure(s) for the November 8, 2022 General Municipal Election to Amend the City Charter July 19, 2022 Page 2 the following four topics: term limits for the Mayor and members of the City Council; a lifetime ban that would limit the Mayor and members of the City Council once they have reached their term limits; increasing the compensation of the Mayor and members of the City Council; and changing the voting requirement to approve the City budget. On June 29, 2022, members of the Charter Review Ad Hoc Committee met to discuss in detail the following four topics: revising the term of Mayor from four two-year terms to two four-year terms, beginning in 2024; limiting the term of the Mayor and members of the City Council so that once they have reached their term limits they would no longer be eligible to serve (and removing the eight -year cooling off period), either (1) increasing the compensation of the Mayor and members of the City Council so that the Mayor's salary would equal 66 percent the salary of a Superior Court judge of the State of California and the councilmembers' salary would equal 66 percent of the Mayor's salary or (2) providing for increases to their salaries according to the change in the Consumer Price Index for All Urban Consumers; and changing the voting requirement to approve the City budget from a majority of the City Council to a two-thirds vote of the City Council. These proposed Charter amendments, as recommended by the Charter Review Ad Hoc Committee, are summarized below. Summary of Proposed Charter Amendments Section 400: Number, Selection and Term of Members The current Charter states that the term of each councilmember, including the mayor, shall begin at 6:00 p.m. on the second Tuesday of December following certification of election results. This amendment clarifies that term of each councilmember, including the mayor, shall begin at 6:00 p.m. on the first regularly scheduled City Council meeting or at a special City Council meeting following certification of election results. Section 401.01: Term Limits (new section) This amendment removes term limit provisions for the mayor and councilmember, from Sections 404 and 401, respectively, and restates those term limit provisions in their entirety into a new Section 401.01 of the Charter. The purpose of this amendment is to reorganize all provisions relating to term limits into one new section. Section 401.05: Code of Ethics and Conduct (new section) The current Charter states that the City shall adopt a Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence in the integrity of the City. This amendment expands the applicability of the Code of Ethics and Conduct to include elected officials, the City Attorney, City Manager, Clerk of Council, Police Chief, and directors of all City departments. Furthermore, this amendment prescribes a process for documenting City Council 36 — 2 7/19/2022 Proposed Ballot Measure(s) for the November 8, 2022 General Municipal Election to Amend the City Charter July 19, 2022 Page 3 alleged violations of the Code of Ethics and Conduct in writing to the City Council, as well as a procedure for the City Council to review such alleged allegations. Section 405: Mayor Pro Tem The current Charter provides that at the first City Council meeting following any general or special election when councilmembers, including the mayor, are elected, the City Council shall elect a mayor pro tem. This amendment clarifies that the election of the mayor pro tem shall occur each calendar year at the first City Council meeting in January. Furthermore, this amendment clarifies that the mayor pro tem from the previous year cannot be elected as mayor pro tem for the following year, and that the mayor pro tem may be replaced by the affirmative votes of four members of the City Council. Section 406: Council Judge of Elections and Qualifications of Members This section declares that the City Council shall be the judge of the election and of the qualifications of its member(s) as defined in Section 401, and shall meet on the first regularly scheduled City Council meeting following certification of election results to declare such election results and install members. This amendment provides that the City Council may also meet at a special City Council meeting to do the same. Section 413: Adoption (Ordinances) The current Charter provides a procedure for the adoption of ordinances. This amendments adds resolutions as part of this procedure, as well as clarifies the following: that ordinances may not be amended after the first reading, and that if an ordinance is amended after the first reading, that it must be re -introduced to be consistent with state law; that a resolution or ordinance must be signed as soon as possible, but no later than 72 hours following its adoption; and that if the mayor does not sign a resolution or ordinance, that the mayor pro tem or any councilmember who voted to approve such ordinance or resolution may sign instead. Section 613: Claims— Formalities; Treasury Warrants The process for claims as prescribed in the Charter is outdated. This amendment revises this process to streamline the claims and payment process. Section 1000: Civil Service System This amendment revises the equal opportunity provisions to clarify that civil service rules and regulations shall provide for such matters as the City Council and Personnel Board may deem necessary, and clarifies that these matters shall be determined with concurrence of the City Council. Section 1002: Civil Service and Excepted Service This amendment provides administrative clean-up revisions to ensure compliance with CalPERS rules and other applicable laws and regulations. City Council 36 — 3 7/19/2022 Proposed Ballot Measure(s) for the November 8, 2022 General Municipal Election to Amend the City Charter July 19, 2022 Page 4 Section 1010: Prohibitions This amendments updates the Charter's anti -discrimination provisions, as well as requires that the City Council adopt an anti -nepotism policy. Section 1011: Contract for Performance of Administrative Functions In 2018, the City Council adopted a resolution changing the name of the Personnel Services Agency to the Human Resources department. To be consistent with these organizational changes, this amendment replaces the word "personnel" to "human resources". Section 1014: Work Stoppages Removes this section in its entirety to be consistent with state law and other applicable laws and regulations. Section 1208: Enforcement Section 1206 prescribes rules relating to campaign contribution limits for candidates for mayor or councilmember. Section 1207 prescribes rules relating to campaign committees and bank accounts. Section 1208 provides enforcement provisions relating to Sections 1206 and 1207. This amendment allows that the City to contract with a state or county entity to enforce such provisions. Section 1400: Employees' Retirement System This amendment revises the in -text references to Section 1002 to be consistent with the proposed revisions in Section 1002 relating to Civil Service. Gender Pronouns (various sections) Throughout the current Charter, references to City officials use gender -specific pronouns such as he/his/him or his or her. This amendment replaces gender -specific pronouns with they/them to be more inclusive. This change aligns with the contemporary use of pronouns relating to gender. Clerk of the Council Title (various sections) The Clerk of the Council intends to replace the title "clerk of the council" with "city clerk" to modernize and better identify this position. Section 401: City Council Compensation The Charter currently provides that the salaries of the Mayor and members of the City Council shall be established by the city council compensation formula provided for by California Government Code Section 36516. This compensation formula established the compensation of the Mayor and members of the City Council according to the population City Council 36 — 4 7/19/2022 Proposed Ballot Measure(s) for the November 8, 2022 General Municipal Election to Amend the City Charter July 19, 2022 Page 5 size of the City. Currently, the salary of the Mayor and members of the City Council is $1,000 monthly. Additionally, the Charter provides that no increase in compensation for the Mayor and members of the City Council shall be permitted without a vote of the electorate of the City of Santa Ana pursuant to a future Charter amendment. At the June 29, 2022 Charter Review Ad Hoc Committee meeting, the members discussed two options relating to amending this section to increase the compensation of the Mayor and members of the City Council as follows: (1) increasing the compensation of the Mayor and members of the City Council so that the Mayor's salary would equal 66 percent the salary of a Superior Court judge of the State of California and the councilmembers' salary would equal 66 percent of the Mayor's salary; or (2) providing for increases that are commensurate with the Consumer Price Index for All Urban Consumers ("CPI-U") for the Los Angeles, Riverside, Orange County, CA area. According to the California State Controller's website, a Superior Court Judge's maximum base salary is $214,601. Sixty-six percent of this amount is $141,636.66, and 66 percent of that amount is 93,480.20. The Consumer Price Index is a measure of the average change over time in the prices paid by urban consumers for a market basket of consumer goods and services. CPI will vary, depending upon the time period that is being reviewed. Section 607: Budget Adoption This amendment would change the voting requirement to approve the City budget from a majority of the City Council to a two-thirds vote of the City Council. This change would be consistent Section 609 relating to the two-thirds voting requirement to appropriate City funds. Sections 400, 401, 404, or Proposed New Section 401.01) The Charter Review Ad Hoc Committee directed staff to prepare a proposed Charter amendment to do the following: (1) adjust the Mayor's term from four two-year terms to two four-year terms (section 404); (2) impose a "lifetime ban" by removing the eight -year cooling -off provision (sections 401 and 404); and (3) tying the beginning of the term of Mayor to 2024 to coincide with the presidential election (section 404). The full text of each of the Charter amendments is attached to this staff report as Exhibit 1. Next Steps At this time, staff is seeking direction from the City Council to identify which, if any, proposed Charter amendments to move forward for the November 8, 2022 General Municipal Election. Each proposed Charter amendment would need to be prepared as a City Council 36 — 5 7/19/2022 Proposed Ballot Measure(s) for the November 8, 2022 General Municipal Election to Amend the City Charter July 19, 2022 Page 6 single voter ballot measure. The Clerk of the Council estimates that each voter ballot measure costs $100,000. At the direction of the City Council, staff will return to the City Council at the August 2, 2022 City Council meeting with a resolution calling for the placement on the November 8, 2022 General Municipal Election ballot of one or more measures to amend the City Charter, along with the necessary items to request that the County of Orange Board of Supervisors consolidate the City's General Municipal Election with the Statewide General Election, authorize the filing of arguments and rebuttals (and designating up to five councilmembers to author an Argument or Rebuttal statement), direct the City Attorney to prepare an Impartial Analysis, and direct the Clerk of the Council to publish legal notices as required by law. Included in this staff report is a sample resolution that would be presented to the City Council on August 2, 2022 (Exhibit 2). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Draft Charter Amendments 2. Draft Resolution (for discussion only) Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 36 — 6 7/19/2022 Sec. 400. - Number, selection and terms of members. The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. on the first regularly scheduled meeting or at a special meeting following certification of election results, and each shall serve except as otherwise provided for in this charter, until the member's is or he successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the City. Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large. #43MlCouncil 36 — 7 7/19/2022 Section 401.05 Sec. 401.05. - Code of ethics and conduct. The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials, the City Attorney, the City Manager, the Clerk of Council, the Police Chief, directors of all City departments, and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials. The City Council shall periodicaly review adept the Code of Ethics and Conduct and make any amendments by ordinance or resolution ithIR SiX Rths of the effeetiye date of this Gh.- FteF s etlen Any person alleging a violation of the Code of Ethics and Conduct by the Police Chief or department director shall provide a written document to the City Manager with their name and contact information and a brief description of the alleged violation. The City Manager shall review and respond to the complaint in writing and report to the City Council every thirty (30) days of the status of the review. Any person alleging a violation of the Code of Ethics and Conduct by any member of the City Council, the City Manger, the City Attorney, the Clerk of Council, or members of appointed boards, commissions, and committees shall provide a written document to all members of the City Council with their name and contact information and a brief description of the alleged violation. The City Council shall refer the complaint to an ad hoc committee of the Council for review. The Council ad hoc committee may then make a recommendation to the full City Council for futher review, investigation or action. When a review or investigation is completed, the City Council may impose sanctions which may include, a reprimand, formal censure or loss of committee assignments or in the case of members of boards, commissions or committees, removal from the board, commission, or committee. A complaint concerning an alleged violation by one of the Council's appointed employees shall be handled as a personnel matter. #43MlCouncil 36 — 8 7/19/2022 Sec. 405. - Mayor pro tem. Each calendar year, at the itrthe first meeting in January. , the City Council shall elect a mayor pro tem who shall act as mayor during the absence from the City or disability of the mayor, or during any vacancy in the office of mayor until otherwise filled in accordance with section 403. All members of the City Council, other than the mayor, shall be eligible to serve as mayor pro tem regardless of their seniority or whether they previously served a term or terms as mayor pro tem. The mayor pro tern from the previous year cannot be selected as mayor pro tem the next year. The mayor pro tem shall serve at the will and pleasure of the Council and may be replaced by four affirmative votes of the Council. #43194y1council 36 — 9 7/19/2022 Sec. 406. - Council judge of elections and qualifications of members. The City Council shall be the judge of the election and qualifications of its memberjs) as defined in section 401 of this charter and shall meet on the first regularly scheduled meeting or at a special meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any. 443ril�lCouncil 36 — 10 7/19/2022 Sec. 413. - Adoption (resolutions and ordinances). Every ordinance shall be introduced in writing. A copy of each ordinance and written resolution shall be available in the council's chambers for public inspection during any council meeting at which the same is to be passed or adopted. No ordinance shall be passed finally on the day it is introduced, except for emergency ordinances as hereinafter defined in Section 415, nor within six (6) days thereafter, nor at any time other than at a regular or adjourned regular meeting. A proposed ordinance may not be amended or modified between the time of its first reading '-`� a and the time of its second reading fitaely3assage, except for clerical errors or corrections as discussed by the Council The rights and powers conferred on the City Council shall be exercised by ordinance, resolution or motion as may be prescribed by the Constitution or Laws of the State of California, and the provisions of this Charter; provided, that each act of the City Council establishing a fine or other penalty or granting a franchise shall be by ordinance. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting, except when a state of emergency has been declared or at an emergency meeting properly convened. All ordinances and written resolutions shall be signed by the mayor and attested by the Clerk of the Council as soon as possible, but no later than 72 hours from its adoption by the Council If the mayor is not available or does not sign an ordinance or resolution, the Clerk of Councill shall first ask the mayor pro tem to sign and then any Councilmember who voted to approve the ordinance or resolution. #43193y1council 36 — 11 7/19/2022 Sec. 613. - Claims— Formalities; treasury payment warran s. Any claim against the City shall be in writing and may be in the form of a bill, invoice, payroll, or formal demand. The director of finance, with approval of the City Manager, may prescribe the formatter ferFas en -in which claims against the City shall be presented. to h m. Each such claim shall be presented to the difeeteF of finance department. The director of finance shall prescribe internal controls for examination and audit of each claim, whe shall exam Fie and awd t t. If the claim is correct in all respects, has not previously been paid nor certified for payment, is provided for by an appropriation or legally enforceable court or administrative order for the purpose or object that gave rise to it, and if sufficient funds for the payment thereof remain unencumbered in such appropriation if applicable, and if the claim is otherwise legally due and payable, the director of finance shall ..e ee-tify en the OF giRal fGFFA .......R. h4g the Haim anel shall authorize payment from draw his waF•^^t An the treasury, and against the proper fund, for the payment thereof. All claims certified for payment by the director of finance, and payments Warra is drawn by the finance director #lm for the payment thereof, shall be transmitted by the finance director WR4 to the City Manager together with a list of such payments w2FFaRts payable from each fund, showing for each payment.wafFaRt the number, date, and amount of the payment arrant and the name of the payee. The City Manager may approve or disallow any of the claims so certified for payment. Any person dissatisfied with the refusal of the director of finance and/or the City Manager to approve any claim, in whole or in part, may present such claim to the City Council. The City Council, after examination into the matter, may approve or disapprove the claim in whole or in part, and, if properly payable under an existing appropriation, may order the director of finance to make payment of the claim or portion thereof draw h s warr�n4 an the treas Fy l^ PaYm^^t thereof. For any such claim for which no provision, by way of appropriation, exists, but which is approved for payment by the City Council, appropriation by the City Council shall be made therefor before the director of finance is ordered to make payment d ;:�.,• hl^ warrant thereof. Payment due`A'arfa ;ts on the City treasury which are not paid for lack of funds shall be registered. All registered payments varraats shall be paid in the order of their registration when funds therefor are available and shall bear interest from date of registration at such rate as shall be fixed by the City Council by resolution. #431q'Mcouncil 36 — 12 7/19/2022 ARTICLE X. -CIVIL SERVICE Sec. 1000. - Civil service system. A civil service system shall be as follows in addition to necessary rules of implementation to be established by ordinance: and as may be recommended by the personnel board: (a) That the most qualified and competent employees shall be appointed and promoted, based upon fair and equitable competition for the positions to ensure the highest quality City government (b) That no political or other outside influences shall affect appointments or promotions. (c) That there shall be equal opportunity for all persons regardless of membership in a protected class as specified in state or federal law. 91�14. (d) That there is equitable treatment of all civil service employees in matters of discipline, layoff or dismissal from the City service. The system should be established in such a manner to ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, layoffs or dismissals of civil service employees. The civil service rules and regulations shall provide for such matters as the City Council and the personnel board, with the concurrence of the City Council, may deem necessary, proper or expedient to carry out the intent and purpose of the civil service provisions of this charter. These rules and regulations shall provide: (a) Preference for veterans for appointment to civil service positions consistent with the principle of merit. (b) Vacancies in positions of the higher classes in the civil service of the City shall be filled with preference to employees occupying positions of lower classes having duties and responsibilities which can reasonably be considered as affording training and experience for the performance of the duties of the higher class. (c) That persons achieving eligibility for a position in the civil service shall retain that eligible status for a time sufficient to offer an opportunity to be appointed to a position in the civil service. (d) That the right to exercise disciplinary and dismissal powers is vested respectively in the officers of the City who have the power of appointment as to any position in the personnel system. Actions relating to suspension, demotion or dismissal for reasonable and sufficient cause may be taken by the officer having the power of appointment to the position. City Council 36 — 13 7/19/2022 Sec. 1002. - Civil service and excepted service. The civil service system of the City shall cover all employees of the City not excepted by this section. (a) The excepted service shall comprise the following offices and positions: (1) The individual offices held by all elective officers; (2) The City Manager and the City Manager's His assistants, if any; (3) The City Attorney and the C� legal assistants, if any; (4) The Clerk of the Council; (55 rc ., 1 m (5z) The head of each department of the City as specified by ordinance or resolution -pet :..f .. R:..... -f VGIi3PRfGRt a99R By ef the 9 ty ef S a Ri AR -, and of the housing authority of the City of Santa Ana, but not including the police chief or the fire chief; (69) One private secretary to the City Manager; (79) All members of boards and commissions; (_&18) Positions occupied by persons employed to render professional, scientific, technical, or expert service of an occasional and exceptional nature; (244) Positions in any class or grade created for a special or temporary purpose;, a "d wh sh nths inany nnlendap • ear Pre" dad that the personnel sGard Uo nnlinnt an Gf the rit n anagsir and ..we. p��bl G n and hearings epa.. to the r. , reA�innil -gh eap GH GR WG e f 213) sfits Rsfi ARy saancicmpHa shall e8HyAsss (10-3) Part-time positions or employments; --- ; (116) Al positions occupied by persons employed to replace employees ordered to active duty, enlisted, or drafted for military service during a national emergency or when this country has declared war and until the expiration of the time when such replaced employee could demand his former position of employment under federal or state statutes. (b) The civil service shall comprise all positions not specifically included by this section in the excepted service. (c) In the event an officer or employee of the City holding a position in the civil service is appointed to a position in the excepted service and should subsequently be removed therefrom within twelve (12) months of the employee's appointment to the excepted service, the employee shall revert to the employee's His former position in the civil service without loss of any rights or privileges and upon the same terms and conditions as if the employee had remained in said position continuously. Formatted: Normal City Council 36 — 14 7/19/2022 Sec. 1010, - Prohibitions. (a) No officer or employee of the City shall in any way favor or discriminate against any employee of the City or any applicant for employment with the City because of the employee's his-eF-per+aee-age, R. Membership in a protected class under state or federal law. (b) No officer or employee of the City shall engage in any political activities in violation of Chapter 9.5 of Division 4 of Title 1 of the California Government Cade (commencing with Section 3201) as the same exists on the date of adoption of this section or as the same may be thereafter amended, or in violation of any other provisions of applicable law. (c) No officeror employee ofthe City and no candidate forany City office shall, directly or indirectly, solicit any assessment, subscription, or contribution, whether voluntary or involuntary, for any political candidate, for Santa Ana municipal office from anyone an an eligible list, or, with the exception of elective officers and members of appointive boards and commissions, anyone holding a position in the service of the City. (d) No person shall willfully or through culpable negligence make any false statement, certificate, mark, rating, or report in regard to any application, test certification, or appointment held or made under the provisions of this article or in any manner commit or attempt any fraud preventing the impartial execution of such provisions of this article or of the rules and regulations made hereunder. (el No officer or employee shall use nepotism in contracting, hiring, promotion, discipline or any other employment decision. The City Council shall adopt an anti -nepotism policy. City Council 36 — 15 7/19/2022 Sec. 1011. -Contract for performance of administrative functions. The City Council, upon recommendation of the City Manager, may contract with the governing body of any other City or of any county within this state, or with any state department or other state agency for the preparing or conducting of competitive examinations for positions in the service of the City or for the performance of any other human resources pereeanel administration service. City Council 36 — 16 7/19/2022 Sec. 1014. Reserved. City Council 36 — 17 7/19/2022 Sec. 1208. - Enforcement. -(a) Any person who knowingly or willfully violates sections 1206-or 1207 of this charter is guilty of a misdemeanor. (b) Any resident of the City may bring an action, at a time during an election period or thereafter, in a court of competent jurisdiction to enjoin actual or threatened violations of, or to compel compliance with, or to obtain a judicial declaration regarding compliance with, section 1206, 1206.01 or 1207. (c) The City Attorney may maintain, in the name of the City, or a resident of the City may maintain, in his or her own name, a civil action to recover from a candidate or a committee controlled by a candidate any contributions received by such candidate or committee in excess of the contribution limitations established by section 1206. Any money recovered in any such action shall be deposited in the City's general fund. (d) The City may contract with a State of County entity to enforce the provisions of this Section. #43MICouncil 36 — 18 7/19/2022 See.1400. - Employees' retirement system. (a) Duo to provide retirementsysteni. Except as hereinafter otherwise provided, the council shall provide, by ordinance or ordinances, for the creation, establishment and maintenance of a retirement plan or plans for all officers and employees of the City. Such plan or plans need not be the same for all officers and employees. Subject to other provisions of this article, the council may at any nine. or from time to time, amend or otherwise change any retirement plan or plans or adopt or establish a new or different plan or plans for all or any officers or employees. (b) Authority ro join other.sy.stems. Subject to other provisions of this article, the City, by and through its council, is hereby empowered, but not required, to join or continue as a contracting agency in any retirement or pension system or systems existing or hereafter created under the laws of the Slate of California or of the United States of America to which municipalities and municipal officers or employees are eligible for membership. he) Conh'nuance of existing retirement system. Until otherwise provided by ordinance, the Cry shall continue to participate in the Public Employees' Retirement System of the State of California, as the same now exists or may hereafter be amended. The City Council may not terminate any such contract with the Public EmployeesRetirement System oftire State ofCalifarnia, and may not amend any such contract in a manner which would decrease or eliminate any benefit accreting to persons employed by the City at the time of such contract termination or amendment, unless such amendment shalt substitute a retirement system or systems providing equal or greater benefits for said persons. (d) Eeclueionv fhe council in its discretion may exclude all or any of the following persons from any or all retirement plans, to wit: Persons mentioned in subsections (a)(1). (s)-(10){k) of Charter Sccfon 1002, }(s)JFE} Persons in City service primarily for training, study at educational purposes; Persons employed or paid on a part-time, per diem, per hour or any basis other than a monthly basis. City Council 36 — 19 7/19/2022 Draft Charter Amendments (2022) Sec. 400. Number, selection and terms of members. The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. Beginning with the term for the mayor elected in the general municipal election in November 2024, the mayor shall serve a term of four (4) e� The term of each member shall begin at 6:00 p.m. on the second Tuesday of December following certification of election results, and each shall serve except as otherwise provided for in this charter, until his or her successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the City. Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large. Sec. 401. Qualifications of members. To be eligible to be elected to the office of councilmember, a person must be a qualified voter and a thirty (30) day resident of the ward from which the candidate is nominated at the time nomination papers are issued as provided for in the Elections Code of the State of California, except that the mayor need only be a registered voter and thirty (30) day resident of the city at such time. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which the councilmember (or, in the case of an appointee, the councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in case of an appointee, the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, the councilmember shall not lose the office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. MIN"Mn. " . City Council 36 — 20 7/19/2022 Draft Charter Amendments (2022) See. 401.01, Term limits. (NEW SECTION) A. Councilmembers A person shall onlv serve three (3) terms of four (4) vears each in the office of councilmember (regardless of wards represented by that person during such period and regardless of whether service is consecutive or nonconsecutive). This term limit of a total of twelve years of service shall be deemed to apply to and elected in or after the 2012 general municipal election. Short or partial terms shall not be considered in determining eligibility for appointment, nomination or election. For purposes of this Charter, short or partial terms shall only be those where the councilmember was elected or appointed to replace another councilmember who left office before the latter official's term expired. Any councilmember who assumed office at the beginning of a term and left office early for any reason whatsoever shall be deemed to have served a full term.. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law B. Mayor A person shall only serve two (2) terms of four (4) years each (regardless of whether service is consecutive or nonconsecutive), commencing with the term entered as a result of the November 2024 election, in the office of mayor. City Council 36 — 21 7/19/2022 Draft Charter Amendments (2022) Short or partial terms shall not be considered in determining eligibility for appointment nomination or election as mayor. For purposes of this Charter, short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beginning of a term and left office early or before term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law. C. Application of prior "cooling off period" Anyone who previously termed out of office and was subject to the former "cooling off period" shall be deemed ineligible to seek election as a councilmember or mayor. Sec. 404. Presiding officer, mayor. The mayor shall be a member of the City Council and shall preside over the meetings of the City Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with his office. The mayor shall be elected by the voters of the City at large at each general municipal election in November of even -numbered years for a two-year tern commencing on the same date as the terms of other council members elected in such year. Beginning with the general municipal election in November 2024, the mayor shall be elected by the voters of the City at large at each general municipal election in November of even -numbered years for a four-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the City Council in the same election. In the event an incumbent City Council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the City Council shall call a special election to fill the vacancy. To be eligible to be elected to the office of mayor a person must be a qualified voter as provided for in the Elections Code of the State of California. If the mayor City Council 36 — 22 7/19/2022 Draft Charter Amendments (2022) is convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. er.�e�ae�: �reeestirs Sec. 607. Same —Further consideration and adoption. After the conclusion of the public hearing, the City Council may further consider the proposed budget and make any revisions thereof that it may deem advisable. On or before the thirty-first (31st) day of July the City Council shall adopt the budget with revisions, if any, by the affirmative votes of at least two- thirds a majoFi of its members. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Between the first (1 st) day of July and any subsequent date on which the budget, is adopted the several offices, departments and divisions shall be authorized to expend, each calendar month subject to the controls established in other sections of this charter, amounts of money equal to the expenditures of each such office, department or division during the preceding June. The budget adopted by the City Council shall provide for the support of public recreation programs at least the equivalent of six cents (6) on each one hundred dollars ($100) of the assessed value of taxable property in the City on the legal assessment date for the previous fiscal year. City Council 36 — 23 7/19/2022 Draft Charter Amendments (2022) A copy of the adopted budget, certified to by the Clerk of the Council, shall be filed with the director of finance and a further copy shall be placed, and shall remain on file, in the office of the Clerk of the Council where it shall be available for inspection. The budget so certified shall be reproduced and copies made available for the use of all officers, offices, departments, and other agencies of the City and for the use of civic organizations. City Council 36 — 24 7/19/2022 Sec. 402. Compensation of members. Each member of the City Council and the Mayor shall receive as a monthly salary for his or her services, the maximum amount allowed by the population formula set forth in California Government Code Section 36516 as of November 8, 2022i-6. Salary increases for the City Council and the Mayor may be reviewed annually and increases shall be considered commensurate with the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles - Riverside -Orange County. CA area. Any increase to the salaries of the City Council and the Mayor shall become effective only upon commencement of a new council term of office following adoption of an ordinance authorizing the increase. No increase in the monthly salary in excess of CPI shall occur without first being approved by the voters pursuant to a Charter amendment. Further, each member of the City Council and Mayor shall receive reimbursement for required travel and other expenses while on official business of the City as authorized and approved by Resolution of the City Council. In accordance with Section 36516 any amounts paid by City for retirement, health and welfare benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the City for its executive employees. Any amounts paid by the City to reimburse for actual and necessary expenses pursuant to a Council Resolution shall not be included for purposes of determining salary. Any member of the Council may waive any or all of the compensation permitted by this section. Absence of the Mayor or a member of the City Council from all regular and special meetings of the City Council during any calendar month shall render him or her ineligible to receive the monthly salary for such a calendar month, unless such absence was approved by the City Council as expressed in its official minutes. Created: 202E-06-10 16:17:21 [EST] (Supp. No. 27, Update 2) City Council Page 1 of t36 — 25 7/19/2022 Sec. 402. Compensation of members. The Mayor shall receive, for services, an annual salary equivalent to 66 percent of the salary of a Judge of the Superior Court of the State of California. Each member of the City Council, excluding the Mayor, shall receive, for their services, an annual salary equivalent to 66 percent of the salary of the Mayor. Any increase to the salaries of the City Council and the Mayor may be reviewed annually and shall become effective only upon commencement of a new council term of office following adoption of an ordinance authorizing the increase. Further, each member of the City Council and Mayor shall receive reimbursement for required travel and other expenses while on official business of the City as authorized and approved by Resolution of the City Council. In accordance with Section 36S16 any amounts paid by City for retirement, health and welfare benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the City for its executive employees. Any amounts paid by the City to reimburse for actual and necessary expenses pursuant to a Council Resolution shall not be included for purposes of determining salary. Any member of the Council may waive any or all of the compensation permitted by this section. Absence of the Mayor or a member of the City Council from all regular and special meetings of the City Council during any calendar month shall render him or her ineligible to receive the monthly salary for such a calendar month, unless such absence was approved by the City Council as expressed in its official minutes. RESOLUTION NO. 2022-XXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 8, 2022 FOR THE SUBMISSION OF A BALLOT MEASURE TO THE QUALIFIED VOTERS FOR CHARTER AMENDMENTS AND PROVIDING FOR THE FILING OF ARGUMENT AND REBUTTAL STATEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. By Resolution No. 2022-044, the City Council hs declared that a General Municipal Election shall be held on November 8, 2022 for the election of municipal officers. Section 2. The California Elections Code directs tha, the City Council approve the form of the ballot question to be submitted to the voters an` the City of Santa Ana desires, on its own motion, to submit to the voters a question of whether amendments to the City Charter shall be submitted to the voters at the Ger;eral Municipal Election to be held on Tuesday, November 8, 2022. Section 3. The ballot question for t!i� ,proposed Charter amendments shall be as follows, with identification as determinF1 in accordance with the California Elections Code: ,,\iiAEASURE # Yes Add ballot measuestion here No City Council 36 — 27 7/19/2022 MEASURE # Yes Add ballot measure question here No Section 3. Should said measure(s) be approved by the requisite vote of a majority of the qualified voters, the Charter amendments set forth in the attached Exhibit "A' would be adopted. Section 5. That pursuant to Elections Code Section 9280, the City Council hereby directs the Clerk of Council to transmit a copy of the Ballot Measure to the City Attorney to prepare an impartial analysis of the Ballot Measure which shall not exceed 500 words in length. Section 6. That pursuant to Elections Code Section 9282, the City Council, or a member or members of the City Council authorized by the City Council, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens or combination of voters and associations, may file a written argument for or against the Ballot Measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code. An argument shall not exceed 300 words in length. Section 7. That pursuant to Elections Code Section 9287, if more than one argument for or more than one argument against the Ballot Measure is submitted to the Clerk of Council within the time prescribed by law, he or she shall select one of the arguments in favor and one of the arguments against the Ballot Measure for printing and distribution to the voters, giving preference in such selection in the following order: 1. The City Council, or a member or members of the City Council authorized by the City Council. 2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure. 3. Bona fide association of citizens. 4. Individual voters who are eligible to vote on the measure. Section 8. That pursuant to Elections Code Sections 9220 and 9285, when the Clerk of Council has selected the arguments for and against the Ballot Measure which City Council 36 — 28 7/19/2022 will be printed and distributed to the voters, the Clerk of Council shall send copies of the argument in favor of the Ballot Measure to the author or authors of the argument against, and copies of the argument against the Ballot Measure to the author or authors of the argument in favor. The author or authors may submit a rebuttal argument to the direct argument not exceeding 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments and shall immediately follow the direct argument, which it seeks to rebut. All previous resolutions providing for the filing of rebuttal arguments for City measures are repealed, and this Section shall only apply to the election on the Ballot Measure to be held on November 8, 2022. Section 9. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional. Section 10. Pursuant to California Elections Code section 9295, this Resolution and the attached Ballot Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the sample ballot. The examination period will end on the day that is seventy-five (75) days prior to the date set for the election. Section 11. This Resolution shall take effect immediately upon its adoption by a majority of the City Council. Section 12. The Clerk of Council of the City of Santa Ana is hereby directed to certify to the passage and adoption of this Resolution and to file a certified copy of this Resolution with the Board of Supervisors of Orange County and the Registrar of Voters of Orange County at least eighty-eight (88) days before the date of the election. ADOPTED this day of , 2022: Vicente Sarmiento Mayor City Council 36 — 29 7/19/2022 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 0 Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2022. Date: Clerk of the Council City of Santa Ana City Council 36 — 30 7/19/2022 Planning and Building Agency www.santa-ana.org/departments/planning-and-building/ Item # 37 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 Topic: General Plan Amendment No. 2021-01 - 6th Cycle Housing Element Update AGENDA TITLE Public Hearing — General Plan Amendment No. 2021-01 to Update the General Plan Housing Element for the 61h Cycle (2021-2029) Planning Period. The Proposed Amendment Includes Analysis of Barriers to Fair Housing and Proposed Programs and services to Comply with State Mandates RECOMMENDED ACTION 1. Adopt a resolution approving an addendum to the Program Environmental Impact Report for the General Plan Update (State Clearinghouse No. 2020029087); and 2. Adopt a resolution approving General Plan Amendment (GPA) No. 2021-01 for the 6th Cycle Housing Element Update subject to conforming edits by the Executive Director of the Planning and Building Agency and the City Attorney to comply with State housing law and mandates. PLANNING COMMISSION ACTION At a special meeting on December 20, 2021, and after receiving public testimony on the item, the Planning Commission voted 5-0 to recommend that the City Council adopt an addendum to the Negative Declaration for the 5th Cycle Housing Element (SCH #2013111008); and adopt a resolution approving General Plan Amendment No. 2021-01 for the 6th Cycle Housing Element Update with the following edits to be included in the revised Housing Element: 1) Seek inclusion of a skilled labor provision as part of the update of the Affordable Housing Opportunity and Creation Ordinance (AHOCO); 2) Explore adoption of a right of first refusal ordinance; 3) Explore creation of worker led cooperatives related to childcare providers; and 4) Facilitate coordination between organizations and service providers that receive ESG funding with local businesses and organizations. The recommended edits proposed by the Planning Commission have been addressed in their entirety within the latest draft of the 61h Cycle Housing Element. Additionally, environmental documents required by the California Environmental Quality Act (CEQA) have been updated since the adoption of the General Plan Update in April of 2022. DISCUSSION The State of California Government Code Section 65302(c) mandates that each city include a housing element in their general plan. The Housing Element is required to ideliand l�tn�plyze aria Include the General Plan Amendment No. 2021-01 July 19, 2022 Page 2 City's goals, policies, quantified objectives, and programs for the preservation, improvement, and development of housing for all income levels over an eight (8) year planning period. This update of the Housing Element will cover the 6th planning cycle, which spans the 2021-2029 period (October 15, 2021 - October 15, 2029). Furthermore, the Housing Element differs from other General Plan elements in two aspects: the Housing Element must be updated every eight years and must be reviewed and certified by the California Department of Housing and Community Development (HCD) to ensure compliance with State requirements. Additionally, a non -compliant housing element could result in the loss of eligibility for grant funds and State funding sources, penalties, and reduced local zoning control. The Housing Element plays a unique role in charting the course for fair and equitable housing and quality of life in Santa Ana for existing and future generations. This Housing Element Update sets priorities for advancing housing stability and anti -displacement policies, including the City's recently adopted Rent Stabilization Ordinance and Just Cause Eviction Ordinance, and revisions to the Affordable Housing Opportunity and Creation Ordinance (AHOCO), formally known as the Housing Opportunity Ordinance, to better align the production of affordable housing and private investment to foster greater livability, sustainability, and resilience in housing policies. At its core, the purpose of a housing element is to provide an analysis of a community's housing needs for all income levels and household types, and identify strategies to respond to and provide for those housing needs. Since 1969, housing elements have been considered mandatory components of local general plans in California because providing housing for all Californians is considered by the State legislature to be a matter of vital statewide importance. In addition, the Housing Element is a key part of the City's General Plan and provides critical guidance to all housing -related decisions undertaken by the City. The Housing Element Update embodies the existing goals and policies of other General Plan elements and identifies the more detailed strategies the City will implementto achieve them with regards to housing. The update also ensures that housing goals, objectives, and policies are integrated and consistent with all the other elements of the General Plan. Pursuant to State law, the housing element must include the following key components: • An analysis of existing and projected housing needs • An analysis of potential constraints on housing • An analysis of assisted housing developments that are "at -risk" and eligible to change from low-income housing uses • An inventory of sites suitable for housing development • An analysis of the plan's conformance with affirmatively furthering fair housing (AFFH) requirements • An analysis of any special housing needs • An evaluation of the previous housing element City Council 37 — 2 7/19/2022 General Plan Amendment No. 2021-01 July 19, 2022 Page 3 • Goals, objectives, policies, and implementation programs The proposed Housing Element updates the prior 2013-2021 element to better reflect the City's demographics, housing conditions, local needs, and community priorities. The updated Housing Element covers all of the State mandated components and includes an introduction, policy framework, housing plan, and six appendices. The appendices provide detailed information to address housing needs, housing constraints, housing resources, program evaluation, assessment of fair housing, and public outreach. Relationship of the Housing Element to the General Plan The Housing Element is one of twelve elements of the City's General Plan, a document that provides the long-range vision and guidance for future development in Santa Ana. City Council adopted a comprehensive General Plan update, Golden City Beyond, in April 2022. For the General Plan to provide effective guidance on land use issues, the goals, policies, and programs of each element must be internally consistent with other elements. The Housing Element builds upon the adopted General Plan and is consistent with its goals and policies. Additionally, the 6th Cycle Housing Element will not require a rezone program or any other amendments to the General Plan to ensure consistency across planning documents. Regional Housing Needs Assessment (RHNA) The Southern California Association of Governments (SCAG), in consultation with HCD, is required to determine the existing and projected housing needs for the SCAG region pursuant to Government Code Section 65584, et seq. by way of preparing a RHNA. For the 6th planning cycle, HCD allocated 1,344,740 units to the Southern California region. SCAG then developed methodology to distribute the regional determination to each member jurisdiction in Southern California. The City of Santa Ana has a total RHNA of 3,137 housing units for the 2021-2029 planning period, as detailed in the following table. Table 1: City of Santa Ana Reaional Housina Needs Assessment (RHNA) Income Group SCAG RHNA Units Transfer RHNA Units ** Total RHNA Units Very Low 0-50% AMI* 586 20 606 Low 51-80% AMI 362 0 362 Moderate 81-120%AMI 523 22 545 Above Moderate 120%+AMI 1,624 0 1,624 TOTAL 3,095 42 3,137 'AMI means: Area Median Income; **Transfer of RHNAfrom County of Orange as a result of joint development of Crossroads at Washington project. The Housing Element is required to include an analysis of potential housing sites in the City to accommodate the development of new housing units to meet the RHNA target. However, housing projects that have been approved, permitted, or received a certificate of occupancy after June 30, 2021 (pipeline) may be counted towards the 61h planning cycle. In total, there are presently 6,914 pipeline housing units. Of those, 443 housing City Council 37 — 3 7/19/2022 General Plan Amendment No. 2021-01 July 19, 2022 Page 4 units are planned for very low-income households, 701 for low-income households, and 6 for moderate -income households as shown in the table below. Table 2: Pipeline Housina Proiects and ADU Proiections Projects Very Low Low Mod. Above Mod. Total Pipeline Housing Projects* 443 701 6 5,764 6,914 Accessory Dwelling Unit Projections" 181 311 217 14 723 TOTAL 624 1,012 223 5,778 7,637 *A full list of projects and a breakdown of affordability can be found on Table C-2 in Appendix C of the draft Housing Element; **Accessory dwelling unit (ADU) affordability based on SCAG study of rental rates for ADUs in the region. In addition, accessory dwelling units (ADUs) will play a more substantial role during this planning cycle in producing affordable housing units due to increased public awareness and recent changes in State law that have provided a mechanism to achieve a greater supply of these types of housing units. Santa Ana's five-year average for building permits issued for ADUs is over 90 units (2018-2022—when extrapolating for full year totals for 2022). When the average is carried over an eight -year period for the planning cycle, there is potential for 723 ADUs to be permitted, with most categorized as affordable units (see Table 2). The ADU affordability estimate is based on the SCAG study that found that of ADUs constructed in Orange County, 25 percent were affordable to very low-income households, 43 percent to low-income households, and 30 percent to moderate -income households. Taken together, the RHNA credit for ADUs during the planning period will result in affordability levels as follows: 181 very low-income units, 311 low-income units, 217 moderate -income units, and 14 above moderate -income units. Given the legislation encouraging ADU development, and increased efforts by the City (pre -approved ADU plan program slated to commence in 2022 and exploration of an ADU amnesty program included in the proposed Housing Plan), interest and applications for ADUs are expected to only increase throughout the 2021-2029 planning cycle. Furthermore, a survey of rental rates of approximately 1,500 recently built multi -family units in Santa Ana reveal that units in the moderate -income affordability category are being produced without the need of a subsidy or restrictive covenant. Rather, market factors alone are creating housing units in the moderate -income category. Based on the survey results, approximately four percent of the units surveyed fall into this category. By applying that four percent ratio to the total above moderate -income pipeline units, as shown on Table 2 (5,764), it can be expected that approximately 231 of those units will be rented in the moderate -income affordability category. Collectively, the projected ADUs and the pipeline housing units will produce the City's fair share of the regional housing needs in all categories except the moderate -income level, which 91 units would need to be accommodated within the 6th cycle planning period. However, due to a surplus of 650 low-income units, which provide housing at a deeper affordability level than that required by the RHNA, a percentage of the total surplus low - City Council 37 — 4 7/19/2022 General Plan Amendment No. 2021-01 July 19, 2022 Page 5 income housing units will be credited toward the remaining 91 units in the moderate - income classification. Table 3: Achievina the Citv of Santa Ana RHNA Taraet (2021-2029) Income Group Total RHNA Housing Development Credits" Remaining RHNA Units Very Low 0-50% AMI 606 624 -18 Low 51-80%AMI 362 1,012 -650 Moderate 81-120%AMI 545 454 91 Above -Moderate 120%+AMI 1,624 5,547 -3,923 TOTAL 3,137 7,637 -4,500 "Housing development credits Include Pipeline and AUU projections, and the reclassification of 231 Above - Moderate to Moderate units based on the survey results. Affirmatively Furthering Fair Housing (AFFH) Pursuant to Assembly Bill 686 (2018), the Housing Element must include an analysis and determination of consistency with Affirmatively Furthering Fair Housing (AFFH) requirements. AFFH is defined as "taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics." To assess current disparities, the Housing Element includes a detailed Assessment of Fair Housing. A key part of the Housing Element Update is to expand housing opportunities in higher resource (referred to as "Higher Opportunity") areas of the city or in close proximity to these areas, which offer the best critical life outcomes with a high concentration of good schools, jobs, health and life expectancy. These assessment areas are mapped in Appendix E of the draft element. Actions to affect meaningful and positive changes in this regard are included in the proposed Housing Plan and are expected to achieve a positive change that affirmatively further fair housing. Community Engagement The California Government Code Section 65583(c)(6) requires that a diligent effort be made to achieve public participation from all groups in the development of the housing element. In addition, SB 1000 requires that local governments provide environmental justice (EJ) communities with a meaningful opportunity to engage in government decisions that affect them. As part of the Housing Element Update, the City developed a public outreach program that was designed with several overarching goals in mind, including facilitating equal opportunity and access, and allowing a broad range of discussion. To that end, the City held four virtual Housing Element Roundtable meetings with a variety of stakeholder groups, three citywide workshops (two in -person and one virtual), and 11 environmental justice focused workshops (10 virtual and one in -person). During the environmental justice focused workshops, community members provided feedback and spoke of their lived experiences, including issues such as housing burden, poverty, linguistic isolation, and lead risk from housing: which directly correlate to the coals and policies in the City Council 37 — 5 7/19/2022 General Plan Amendment No. 2021-01 July 19, 2022 Page 6 Housing Element. In addition, two Planning Commission Workshops were held on September 27, 2021 and October 11, 2021, where members of the public were encouraged to attend and participate. Further, a multilingual online housing survey was promoted to provide opportunities and access for residents, businesses, stakeholders, advocates, civic leaders, and other parties that were not able to attend a workshop to participate in the process. Multilingual advertising was used to promote all of the events, and translation services were provided at all of the virtual and in -person community workshops. Meetings were held at different times of the day and week, and the facilities were accessible to people of all abilities to maximize participation. Based on the comments and dialogue gathered through the community engagement and new legislative requirements, the existing Housing Element analysis, policies and programs were refined. Airport Land Use Commission Review The proposed amendment to the General Plan Housing Element was required to be submitted to the Airport Land Use Commission (ALUC) for a determination of consistency with their Airport Environs Land Use Plan (AELUP). City staff submitted the draft Housing Element to ALUC on October 25, 2021. Subsequently, on October 28, 2021, ALUC staff determined that no new housing sites were identified within the Notification Area for John Wayne Airport, so referral of the Housing Element Update to ALUC for formal review was not required. Hrn RPviPw An important difference between the Housing Element and other elements of the General Plan is the extent of State oversight. The State legislature has declared an adequate supply of housing to be a matter of statewide importance and has delegated authority to HCD to review city housing elements and issue opinions regarding their compliance with State law. A finding of housing element compliance by HCD is referred to as "certification" of the housing element. Certification is important to enhance cities' eligibility for grant funds and to support local land use authority. The City of Santa Ana submitted its administrative Housing Element draft to HCD on October 21, 2021 for a required 60-day review period, and subsequently submitted a revised draft on February 24, 2022 for another 60-day review period. HCD provided the City comments on April 25, 2022. City staff has been working closely with HCD's staff assigned to review Santa Ana's draft Housing Element to ensure changes incorporated into the latest draft addressed their comments to achieve compliance with all statutory requirements. Upon adoption of the Housing Element, the document will be formally submitted to HCD for review and certification. Such review may result in the need for technical changes and other non -substantive edits to the 2021-2029 Housing Element that do not impact the goals, policies, implementation measures and draft element being recommended for adoption by the City Council. City Council 37 — 6 7/19/2022 General Plan Amendment No. 2021-01 July 19, 2022 Page 7 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), an addendum to the Program Environmental Impact Report (PEIR) for the General Plan Update certified April 2022 has been prepared for the General Plan Amendment for the 6th Cycle Housing Element Update. Under CEQA Guidelines Section 15164, an addendum to a previously certified EIR shall be prepared when a lead agency is asked to approve modifications to an existing project for which an EIR has already been certified. An addendum evaluates the requested modifications and determines whether subsequent review is required. Moreover, pursuant to CEQA Guidelines Section 15162, a subsequent or supplemental EIR is not required unless the lead agency determines that one or more of the following conditions are met: 1) Substantial project changes are proposed that will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes would occur with respect to the circumstances under which the project is undertaken that require major revisions to the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the negative declaration was adopted shows any of the following: A. The project will have one or more significant effects not discussed in the previous EIR or negative declaration. B. Significant effects previously examined will be substantially more severe than identified in the previous EIR. C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. D. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives. City staff evaluated the proposed changes and concluded that they would not result in new significant environmental effects or a substantial increase in the severity of previously identified effects that were previously disclosed in the PEIR for the General Plan Update. In addition, the City concluded there is no new information of substantial importance showong that the r:cncrol Pion Amct2dmcnt fnr the Pith ryrlc Hni icing Flcmcnt Nniill hove City Council 37 — 7 7/19/2022 General Plan Amendment No. 2021-01 July 19, 2022 Page 8 significant effects not previously identified; that previously examined significant effects will be more severe; or that mitigation measures previously found infeasible are now feasible. As such, no subsequent EIR or mitigated negative declaration is required. In accordance with State CEQA Guidelines, an addendum to the previously certified PEIR (State Clearinghouse [SCH] No. 2020029087) for the General Plan Update will be filed upon adoption of this General Plan Amendment (Environmental Review No. 2021-117). CONCLUSION The proposed General Plan Housing Element will guide housing programs and services for the next eight years. The new goals, policies and implementation programs within the Housing Element build on the strength of the existing element, with refinements based on the collective input from the community and new State housing law requirements. Further, it is recommended the City Council authorize the Director of the Planning and Building Agency to make all necessary non -substantive and technical revisions and edits to the 2021-2029 Housing Element after adoption to comply with HCD's review for final certification of the Housing Element, without further Planning Commission or City Council consideration or re -adoption of the 2021-2029 Housing Element. Based on the analysis above, it is recommended that the City Council adopt a resolution approving an addendum to the PEIR for the GPU (SCH No. 2020029087); and a resolution approving General Plan Amendment No. 2021-01 for the 6th Cycle Housing Element Update subject to non - substantive and technical revisions and edits by the Executive Director of the Planning and Building Agency and the City Attorney to comply with State housing law and mandates. FISCAL IMPACT The Housing Element Update was funded through the Local Early Action Planning Grant Program (LEAP). The City was awarded $750,000, of which $250,000 was allocated toward the Housing Element Update. Funds allocated to the Housing Element Update not exhausted will be allocated toward the Zoning Code Update. There is no fiscal impact associated with approval of this action. EXHIBITS 1. General Plan Amendment No. 2021-01 Resolution 2. General Plan Housing Element Link 3. General Plan Housing Element CEQA Addendum Link Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 37 — 8 7/19/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SANTA ANA GENERAL PLAN AMENDMENT FOR THE 6T" CYCLE HOUSING ELEMENT UPDATE (GPA NO. 2021-01) AND ADOPTING AN ADDENDUM TO THE PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN UPDATE (SCH #2020029087) 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. California Government Code Section 65302(c) mandates that each city include a housing element in its general plan. The housing element sets forth goals, policies, and programs that address the future housing needs for all income levels. B. In 2022, the City Council of the City of Santa Ana approved the General Plan Update and adopted a Program Environmental Impact Report (SCH #2020029087) pursuant to the California Environmental Quality Act ("CEQA"). C. Given the priority to address California's critical housing needs, the Housing Element is required to be updated every eight (8) years. D. The 6th Cycle Housing Element Update sets forth the housing policies for the City, facilitates the preservation and development of housing, and establishes programs to accommodate the City's share of the regional housing need. E. Pursuant to state law, the Housing Element must include the following provisions: a. An analysis of existing and projected housing needs b. An analysis of potential constraints on housing C. An analysis of assisted housing developments that are "at -risk" and eligible to change from low-income housing uses d. An inventory of sites suitable for housing development e. An analysis of the plan's conformance with affirmatively furthering fair housing (AFFH) requirements Resolution No. 2022-XXX Page 1 of 5 City Council 37 — 9 7/19/2022 f. An analysis of any special housing needs g. An evaluation of the previous Housing Element h. Goals, objectives, policies, and implementation programs F. The General Plan Amendment for the 6th Cycle Housing Element Update was initially circulated for public review on October 11, 2021, and submitted to the California Department of Housing and Community Development (HCD) on October 21, 2021, for its required review. The City subsequently submitted a revised element to HCD on February 24, 2022, for its required review. City staff worked closely with HCD staff assigned to review Santa Ana's draft Housing Element to address comments and revise the element to ensure compliance with state housing law. G. Pursuant to CEQA, City staff evaluated the proposed changes in the General Plan Amendment for the 6th Cycle Housing Element Update in light of the standards for subsequent environmental review outlined in State CEQA Guidelines section 15162, and concluded that the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified effects that were previously disclosed in the Program Environmental Impact Report. In addition, the City concluded there is no new information of substantial importance showing that the General Plan Amendment for the 6th Cycle Housing Element will have significant effects not previously identified; that previously examined significant effects will be more severe; or that mitigation measures previously found infeasible are now feasible. As such, no subsequent EIR or mitigated negative declaration is required. Nonetheless, the proposed changes would necessitate minor technical changes or additions to the Program Environmental Impact Report, and thus the City has prepared an Addendum to the Program Environmental Impact Report pursuant to State CEQA Guidelines section 15164. H. On December 20, 2021, the Planning Commission held a duly -noticed public hearing and considered the CEQA document, staff report, recommendations by staff, and public testimony concerning GPA No. 2021- 01. The Planning Commission voted to recommend that the City Council adopt a resolution approving GPA No. 2021-01. On July 19, 2022, the City Council held a duly -noticed public hearing and considered the Program Environmental Impact Report, Addendum, staff report, recommendations by staff, and public testimony concerning GPA No. 2021-01. Resolution No. 2022-XXX Page 2 of 5 City Council 37 — 10 7/19/2022 J. All statements and findings contained in the 611 Cycle Housing Element Update are incorporated herein by this reference as though fully set forth. Section 2. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR or approved negative declaration if some changes or additions to the project are necessary but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the General Plan Update Program Environmental Impact Report and the Addendum, and finds that these documents taken together contain a complete and accurate reporting of all of the potential environmental impacts associated with the General Plan 6th Cycle Housing Element Update. The City Council further finds that the Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the Addendum reflects the City's independent judgment. Section 3. Based on the substantial evidence set forth in the record, including but not limited to the General Plan Update Program Environmental Impact Report and the Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the General Plan 6th Cycle Housing Element Update, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because: (a) The General Plan 611 Cycle Housing Element Update does not constitute a substantial change that would require major revisions of the General Plan Update Program Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (b) There is not a substantial change with respect to the circumstances under which the General Plan 61h Cycle Housing Element Update will be developed that would require major revisions of the General Plan Update Program Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. (c) New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the General Plan Update Program Environmental Impact Report was adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than Resolution No. 2022-XXX Page 3 of 5 City Council 37 — 11 7/19/2022 shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt. Section 4. The City Council hereby approves and adopts the Addendum, attached hereto as a link in Exhibit A. Section 5. The City Council hereby approves and adopts General Plan Amendment No. 2021-01. The 61h Cycle Housing Element Update is attached hereto as a link in Exhibit B and incorporated herein by reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to the Request for City Council Action dated July 19, 2022, and exhibits attached hereto; and the public testimony, all which are incorporated herein by reference. Section 6. The City Council hereby authorizes the Director of the Planning and Building Agency, or his or her designee, to approve ministerial revisions, or conforming edits, in the 6th Cycle Housing Element, such as spelling, formatting, punctuation, or revisions of such nature, which are non -legislative and that result from HCD's review for final certification of the Housing Element, without further Planning Commission or City Council consideration or re -adoption of the 6n' Cycle Housing Element Update. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Section 8. The adopted General Plan Update Program Environmental Impact Report and the Addendum are on file and available for public review at the City's Housing Element website and City Main Library at 20 Civic Center Plaza. The City Clerk is the custodian of these documents. Section 9. City staff is directed to prepare and file a Notice of Determination within five working days of the adoption of this Resolution. ADOPTED this day of 2022. Vicente Sarmiento Mayor Resolution No. 2022-XXX Page 4 of 5 City Council 37 — 12 7/19/2022 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_ �Yl! �� Sohn M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 5 of 5 City Council 37 — 13 7/19/2022 EXHIBIT A All materials for Exhibit A, the General Plan Program Environmental Impact Report (PEIR) Addendum, may be accessed at: httos://www.santa-ana.org/aeneral-olan- housing-element-update/ and are also on file and available at the City's Planning and Building Agency. City Council 37 — 14 7/19/2022 EXHIBIT B All materials for Exhibit B, the Draft General Plan Housing Element Update, may be accessed at: httos://www.santa-ana.ora/general-plan-housing-element-update/ and are also on file and available at the City's Planning and Building Agency. City Council 37 — 15 7/19/2022 EXHIBIT 2 All materials for Exhibit 2, the Draft General Plan Housing Element Update, may be accessed at: https://www.santa-ana.org/general-plan/housing-element-update-2021 and are also on file and available at the City's Planning and Building Agency. City Council 37 — 16 7/19/2022 EXHIBIT 3 All materials for Exhibit 3, the General Plan Program Environmental Impact Report (PEIR) Addendum, may be accessed at: httos://www.santa-ana.org/aeneral-olan- housing-element-update/ and are also on file and available at the City's Planning and Building Agency. City Council 37 — 17 7/19/2022 Community Development Agency www.santa-ana.org/departments/community-development/ Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 19, 2022 TOPIC: Memorandum of Understanding with Required WIOA Partners AGENDA TITLE: Renew Memorandum of Understanding with required Workforce Innovation and Opportunity Act (WIOA) Partners (Contingent upon approval of City Council Item #33.) RECOMMENDED ACTION HOUSING AUTHORITY ACTION 1. Authorize the Executive Director and Recording Secretary to execute a Memorandum of Understanding with the Santa Ana Workforce Development Board which outlines the sharing of resources and expenses associated with the operations of a comprehensive one stop center for a one-year term expiring June 30, 2023 and payment to the City of Santa Ana in an estimated amount of $8,054 subject to non - substantive changes approved by the Executive Director and Authority General Council. 2. Authorize the Executive Director and Recording Secretary to execute non -substantive amendments such as adjustment of shared operational expenses during the term of the Memorandum of Understanding. DISCUSSION At the May 25, 2022 special meeting of the Workforce Development Board by a vote of 13:0 (Gail Araujo, David Elliott and Robert Ruiz absent), the Board recommended the above action for council approval. In order to establish a high quality America's Job Centers of California (AJCC) delivery system and enhance collaboration among partner programs, Workforce Innovation and Opportunity Act (WIOA) requires Local Workforce Boards to develop Memorandum of Understanding (MOU's) with a list of AJCC required partners within the Local Workforce Area. These MOU's will serve as a functional tool as well as a plan for how the Local Board and AJCC partners will work together to create a unified service delivery system that best meets the needs of their shared customers. WIOA does not require all partners to be physically co -located at the AJCC but those that do co -locate they are required to share in the operational costs. Currently the city, Employment Development Department, Department of Rehabilitation, SER Jobs for Progress, County of Orange Social Services City Council 2-1 7/19/2022 Memorandum of Understanding with Required WIOA Partners July 19, 2022 Page 2 Agency, and Santa Ana Housing Authority are co -located at the Santa Ana WORK Center and share the operation costs that is calculated based on square footage of occupancy by each agency and is outlined in Attachment 3 of the MOU agreement. The current partner MOU's will expire at the end of this fiscal year. Typically, the term would be for three years but because the master AJCC office lease expires next year, the city attorney advised a one-year term. When the new lease details are finalized, the MOU exhibits will be updated to reflect the shared costs of the one stop system and then return to City Council approval (Exhibit 1 and 2). The programs and services the WDB is required to have an MOU with are as follows: Program Organization WIOA Title I — Adult, Dislocated Worker City of Santa Ana WORK Center and Youth WIOA Title 11 — Adult Education and Santa Ana College/Rancho Santiago Literacy Community College District WIOA Wagner-Peyser, Veterans, Trade California Employment Development Adjustment Assistance Act Department WIOA Title IV Vocational Rehabilitation California Department of Rehabilitation Carl Perkins Career Technical Education Santa Ana College/Rancho Santiago Community College District Title V Older Americans Act SER — Jobs for Progress Job Corps Long Beach Job Corps Native American Programs —Section 166 United American Indian Involvement, Inc. Community Services Block Grant Community Action Partnership of OC Housing and Urban Development City of Santa Ana Housing Authority Unemployment Compensation (UI) California Employment Development Department Temporary Assistance for Needy Orange County Social Services Agency Families/CalWORKS ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 2-2 7/19/2022 Memorandum of Understanding with Required WIOA Partners July 19, 2022 Page 3 FISCAL IMPACT The City Council approved the master lease agreement for the office space at 801 W. Civic Center Drive on October 3, 2017. The WORK Center share of the AJCC monthly operation costs are budgeted and funds are available in the WIOA and Orange County Grant accounts (nos. 12318xxx-various and 12418xxx-various). Funds in the amount of $8,054 for the Housing Authority's share of the monthly operational cost are available in the following Housing Authority Voucher Admin accounts. Account No. Account Description Amount 14018760-62010 Communications $539 14018760-62300 Contract Services $1,028 14018760-62500 Rent Payments $6,487 TOTAL $8,054 The table below reflects the estimated amounts to be received from the State of California Employment Development Department, County of Orange Social Services Agency, SER Jobs for Progress, Inc., State of California Department of Rehabilitation, and the Santa Ana Housing Authority for the duration of the MOU. The partner organizations will be invoiced for their share of the AJCC monthly operations and the funds will be deposited upon receipt into the following accounts: Account No. Account Description PY 2022-23 Total 02501001-25000 Balance Sheet: Deferred $6,172 $6,172 Revenues -Advances 02518002-57000 CDA Special Revenue: Expense $1,870 $1,870 Reimbursement 12318002-57960 WIOA Revenues: Rental of $341,808 $341,808 Property 12318002-57000 WIOA Revenues: Expenses $368 $368 Reimbursement 12318748-61000 WDB Admin: Salaries Regular $4,356 $4,356 12318751-various One Stop Program: Various 41,212 41,212 TOTAL $395,786 $395,786 EXHIBIT(S) (See City Council Item #33 for Exhibits) 1. Memorandum of Understanding 2. Memorandum of Understanding — County of Orange Social Services Agency City Council 2-3 7/19/2022 Memorandum of Understanding with Required WIOA Partners July 19, 2022 Page 4 Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 2-4 7/19/2022