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HomeMy WebLinkAboutAgenda Packet_2022-09-20City Council Meeting Packet September 20, 2022 SPECIAL CLOSED SESSION MEETING - 4:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Nelida Mendoza Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Vacant Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ®contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable 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 9/20/2022 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 9/20/2022 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 special 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(a)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 https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. 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 Special 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 SPECIAL CLOSED SESSION ITEMS —You can City Council 3 9/20/2022 provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m. Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6.00 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball <!>) or download a pdf (the cloud symbol with the down arrow ). City Council 4 9/20/2022 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 IIITmy aaiMI Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho PUBLIC COMMENTS — Members of the public may address the City Council on Special 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. Robert Anthony Sanchez v. City of Santa Ana, Zachary Jezulin, et al., Orange County Superior Court Case No. 30-2020-01159214-CU-PA-NJC 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) City Council 5 9/20/2022 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Attorney and City Manager 4. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 6 9/20/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Miguel Hernandez CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Sarmiento to the Santa Ana Unified School District Speech and Debate Team for Exemplary Academic Achievements. 2. Proclamation presented by Councilmember Hernandez declaring September 28, 2022 as a Day to Remember Victims of Police Violence. 3. Certificate of Recognition presented by Councilmember Lopez to the Bicycle Tree for Outstanding Contributions to the Community. 4. Certificates of Recognition presented by Councilmember Mendoza to Denise Naranjo and Manny Ruelas for Outstanding Contributions to the Community. STAFF PRESENTATIONS 5. Homelessness Update CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 24. 6. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 7. Orange County Grand Jury's Investigative Report, Findings, and Recommendations City Council 7 9/20/2022 regarding Lack of California Redemption Value (CRV) Centers Department(s): Public Works Agency Recommended Action: Receive and file the Orange County Grand Jury's investigative report, findings, and recommendations regarding Orange County CRV Centers and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. 8. Orange County Grand Jury's Investigative Report, Findings and Recommendations Regarding "Water in Orange County Needs One Voice" Department(s): Public Works Agency Recommended Action: Receive and file the Orange County Grand Jury's report, findings and recommendations regarding wholesale water policy and operations in Orange County needing "One Voice" and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. 9. Approve Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 2021-22 to Fiscal Year 2022-23 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY 2021-22 budget for unspent amounts to be carried over to FY 2022-23. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 2022-23 budget for amounts carried forward from FY 2021-22. (Requires five affirmative votes) 10. Approve Additional Contingency Funds in the Amount of $5,000,000 for an Existing Construction Contract with Byrom -Davey Inc. for the Santa Anita Park Improvements including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $14,513,011.30 (Project No. 19-7527) (Non - General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $5,000,000 in additional contingency funds for a total estimated construction delivery cost of $14,513,011.30, which includes $7,317,701.00 for the construction contract; $731,770.10 for contract administration, inspection and testing; and a $6,463,540.20 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $5,000,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 19-7527). City Council 8 9/20/2022 11. Approve an Appropriation Adjustment, Approve an Amendment to the FY 2022-23 Capital Improvement Program, and Award a Construction Contract to EBS General Engineering, Inc. in the Amount of $1,066,714.35 for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, with an Estimated Project Delivery Cost of $1,386,728.65 (Project No. 21-2740) (Non - General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $497,925.15 of prior year fund balance in the Park Acquisition and Development (District 3), Prior Year Carryforward revenue account and appropriate the same amount to the Park Acquisition and Development (District 3), Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the FY 2022-23 Capital Improvement Program to include $497,925.15 in construction funds for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project (Project No. 21-2740). 3. Award a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,066,714.35, for construction of the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, for the term beginning September 20, 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 $1,386,728.65, which includes $1,066,714.35 for the construction contract, $160,007.15 for contract administration, inspection and testing, and a $160,007.15 project contingency for unanticipated or unforeseen work. 12. Approve an Appropriation Adjustment and Award a Construction Contract to Environmental Construction, Inc. for the Well No. 29 Improvements Project in the Amount of $6,765,290, with an Estimated Project Delivery Cost of $8,456,612 (Project No. 18-6491) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,502,612 of prior -year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Award a construction contract to Environmental Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $6,765,290, for construction of the Well No. 29 Improvements Project, for the term beginning September 20, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Council 9 9/20/2022 City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $8,456,612, which includes $6,765,290 for the construction contract, $676,529 for contract administration, inspection and testing, and a $1,014,793 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2022-23 Capital Improvement Program to include $2,502,612 in construction funds for the Well No. 29 Improvement Project (Project No. 18-6491). 13. Approve an Appropriation Adjustment and Agreement for the Sale of Land from the City, Generating $250,000 in Revenue for Bristol Street Corridor Improvement Project (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing revenue in the amount of $250,000 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2022-23 and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a purchase and sale agreement with Charles H. Mahn Family Trust for the sale of City -owned property located at 515 and 517 N Bristol Street (APNs 008-081-26 and 008-081-28) in the amount of $250,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 14. Award a Construction Contract to Meyers Construction Co. in the amount of $1,930,000 for the Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvement FY 2021-22 Project with an Estimated Project Delivery Cost of $2,512,500 (Project No. 22-1201, 21-2750 & 22-0501) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to Meyers Construction Co., the lowest responsible bidder, in accordance with the base bid in the amount of $1,930,000 for construction of the Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvement FY 2021-22, for the term beginning September 20, 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. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,512,500, which includes $1,930,000 for the construction contract, $193,000 for contract administration, inspection and testing, and a $389,500 project contingency for unanticipated or unforeseen work. City Council 10 9/20/2022 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,512,500 in construction funds for Santa Ana City Hall Second and Fifth Floor Tenant Improvement Project (No. 22-1201, 21-2750 & 22-0501). 15. Amend Agreement with Valley Maintenance Corporation for Custodial Services of City Park Restrooms and Park Buildings, Increasing the Annual amount by $200,000, Not to Exceed $694,095 for Four Years, and Total Agreement Amount of $1,976,380 (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Valley Maintenance Corporation to increase custodial services of City Park Restrooms, and Park Buildings for an annual amount not to exceed $694,095, for the remaining term from September 20, 2022 through May 3, 2026 and a total agreement amount of $1,976,380, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 16. Amend Agreement with Landscape West Management Services Inc. to Increase the Annual Contract amount by $215,000 for Enhanced Landscape Maintenance Services for the Remaining Term of the Agreement (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Landscape West Management Services Inc. for increased landscape maintenance services, increasing the compensation amount annually by $215,000, for an annual amount not to exceed $895,819.00 for the remaining term from September 20, 2022 through January 31, 2024, and not to exceed the total agreement amount of $2,866,605.60, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 17. Approve an Agreement with PlaceWorks, Inc. for Design Services for a New Outdoor Library at Jerome Park in an Amount Not to Exceed $309,150 for a Three -Year Term (Project No. 22-1381) (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency, Library Recommended Action: Authorize the City Manager to execute an agreement with PlaceWorks, Inc. for full Design Services for Santa Ana's New Outdoor Library at Jerome Park in the amount of $281,046 with a contingency of $28,104 for a total amount not -to -exceed $309,150. The agreement is for a three-year term beginning September 20, 2022 and expiring September 19, 2025, with an option for two, one- year extensions, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 18. Authorize an Offer and Agreement to Purchase in the Amount of $255,000 for Bridge and Roadway Easement for Fairview Bridge Replacement and Street Improvements City Council 11 9/20/2022 (Property Owner: Orange County Flood Control District) (Project No. 15-6827) (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner of Orange County Flood Control District (OCFCD) for the easement purchase located at Fairview Street Bridge over Santa Ana River in the amount of $255,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 19. Approve a License Agreement with the County of Orange for use of Ross Street Right -of Way for Building Overhangs Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a license agreement with the County of Orange, a political subdivision of the State of California, for use of public right-of-way to accommodate overhangs for two County buildings within Ross Street between Santa Ana Boulevard and Civic Center Drive, subject to non - substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 20. Approve Agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. for On -Call Grant Writing Services for a Total Amount Not to Exceed $2,375,000 for up to a Five -Year Term (General and Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. to provide on -call grant writing and grant management services, for a three-year period beginning September 20, 2022 and expiring September 19, 2025, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed of $2,375,000 subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 21. Approve Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support (General and Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Lexipol, LLC to provide policy manual maintenance, support and training services to the Police Department for a three-year period, from July 1, 2022 through September 30, 2025 in an amount not to exceed $169,502, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). City Council 12 9/20/2022 22. Approve Agreement with Smart Communications Holdings, Inc. to Provide Inmate Communication and Digital Services (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Smart Communications Holdings, Inc. to provide inmate communication and digital services to the Santa Ana Jail for a five-year period, from November 1, 2022 through October 31, 2027, with an option for two, one-year extensions, in the amount of $650,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 23. Approve Agreement with California Forensic Medical Group, Inc. and Wellpath to Provide Inmate Medical Services for the Santa Ana Jail (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with California Forensic Medical Group, Inc. and Wellpath to provide basic and emergency inmate health care services for the Santa Ana Jail in an amount not to exceed $10,070,246 including a $200,000 contingency, for a three-year period beginning October 1, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 24. Biennial Review Conflict of Interest Code Policy, List of Designated Classifications Required to Annual Disclosure Form (Statement of Economic Interests Form) Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution amending the City of Santa Ana Conflict of Interest Code Policy. **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 25. Public Hearing - Ordinance Amendment No. 2022-01 to Update Chapters 18, 21, and 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature City Council 13 9/20/2022 Public notice published in the Orange County Reporter on September 9, 2022. Department(s): Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature. 2. Resolution No. 2022-XXX — Adopt a resolution modifying various non -retail commercial cannabis tax rates. 3. Resolution No. 2022-XXX — Adopt a resolution establishing a map of commercial cannabis eligible areas in the City. COUNCILMEMBER REQUESTED ITEMS 26. Discuss and Consider Directing the City Manager to Direct Staff to Draft a Revision of SAMC Section 2-153 To Clarify the Format of Community Meetings for Development Projects Required by the Sunshine Ordinance, Items to Provide to the City After a Community Meeting, and Timing of Providing Items to the City After a Community Meeting — Mayor Pro Tern Bacerra CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT — Adjourn the City Council meeting. Future Items 1. Rent Stabilization Ordinance Update 2. Police Oversight Commission City Council 14 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding "Where Have All the CRVs Gone" AGENDA TITLE: Orange County Grand Jury's Investigative Report, Findings, and Recommendations regarding Lack of California Redemption Value (CRV) Centers RECOMMENDED ACTION Receive and file the Orange County Grand Jury's investigative report, findings, and recommendations regarding Orange County CRV Centers and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. DISCUSSION On June 28, 2022, the Orange County Grand Jury (OCGJ) issued an investigative report with findings and recommendations addressing the lack of CRV redemption centers in Orange County. The Orange County Grand Jury (OCGJ) studied existing CRV redemption centers in the County and current pilot programs to facilitate ease of CRV redemption currently operating in the County. Exhibit 1 is the OCGJ's complete report. As a result of the investigation, OCGJ issued four findings and four recommendations. The OCGJ is requesting that the City of Santa Ana respond to four findings and four recommendations, which we have done in the attached response. Exhibit 2 outlines the OCGJ's findings and recommendations, along with the City's responses. Upon authorization by the City Council, the responses in Exhibit 2 will be submitted to the Presiding Judge of the Superior Court. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 7-1 9/20/2022 Orange County Grand Jury's Investigative Report, Findings, and Recommendations Regarding "Where Have All the CRVs Gone" September 20, 2022 Page 2 EXHIBIT(S) 1. County of Orange Grand Jury Investigative Report, Findings and Recommendations regarding "Where Have All the CRVs Gone". 2. City's Response to County of Orange Grand Jury Findings and Recommendations Regarding "Where Have All the CRVs Gone". Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 7-2 9/20/2022 EXHIBIT 1 Where Have All the CRVs Gone? GRAND JURY 2021-2022 City Council 7-3 9/20/2022 Where Have All the CRVs Gone? Table of Contents SUMMARY................................................................................................................................... 3 BACKGROUND........................................................................................................................... 3 REASON FOR THE STUDY...................................................................................................... 4 METHODOF STUDY................................................................................................................. 5 INVESTIGATION AND ANALYSIS......................................................................................... 5 CRVRedemption...................................................................................................................... S WasteHaulers.......................................................................................................................... 9 Beverage Container Recycling Pilot Program...................................................................... 11 Additional Grant Opportunities............................................................................................. 12 Current State of Redemption Efforts in Orange County........................................................ 13 FINDINGS................................................................................................................................... 14 RECOMMENDATIONS............................................................................................................ 14 COMMENDATIONS................................................................................................................. 15 RESPONSES............................................................................................................................... 15 ResponsesRequired................................................................................................................ 16 ResponsesRequested............................................................................................................... 19 GLOSSARY................................................................................................................................. 20 2021-2022 Orange County Grand Jury Page 2 City Council 7-4 9/20/2022 Where Have All the CRVs Gone? SUMMARY Each year Californians pay over $1.4 billion in California Refund Value (CRV) fees to the State of California, yet only a portion of those funds are redeemed by the consumer. Since 2013, more than 1,000 redemption centers have closed throughout California leaving 1,265 redemption centers statewide and only 109 in Orange County.' The quantity of convenient redemption centers is constantly changing. Where once the consumer need only return their cans and bottles to the grocery store to receive their money, today redemption could mean traveling many miles. Due to the reduction of CRV redemption sites, waste haulers have become the default beneficiaries and are paid the CRV redemption for the containers collected at curbside. Millions of dollars in CRV fees still go unclaimed. Currently this amount is over $600 million, a portion of which belongs to Orange County residents. This report will explore the lack of redemption sites and the innovative programs being piloted to return the CRV dollars to Orange County consumers. Based on the Orange County Grand Jury (OCGJ) investigation, we recommend all Orange County cities and the County of Orange assess the revenue stream from curbside pickup, processing, and sale of recyclable materials, and leverage this to benefit their residents when negotiating waste hauler contracts. They should also require waste hauler -funded additional redemption centers when negotiating contracts. Additionally, the OCGJ recommends all cities and the County of Orange research and apply for available grants or pilot programs from Cal/EPA California Department of Resources Recycling and Recovery (CalRecycle) that focus on returning CRV funds to their residents. Lastly, the OCGJ recommends development of programs aimed at educating residents regarding CRV redemption opportunities. BACKGROUND California Redemption Value (CRV), also known as California Refund Value, is a regulatory fee paid on recyclable beverage containers in California. The fee was established by the California Beverage Container Recycling and Litter Reduction Act of 1986, also called the Bottle Bill (AB 2020, Margolin).2 Since 2010 the program has been administered by the Cal/EPA California Department of Resources Recycling and Recovery (CalRecycle). This Act was intended to increase the recycling rate to 80 percent of all recyclable containers and to provide for convenience in redeeming consumer deposits (CRV). This Act established convenience zones. A retailer/dealer in an unserved convenience zone (one without a functioning redemption center) may choose, after a 60-day grace period, to pay CalRecycle $100 fine per day in lieu of redeeming containers on site or establishing a redemption center in the convenience zone. From the CalRecycle website, a convenience zone is ' http://www2.calrecycle.ca.gov/bevcontainer/recyclingcenters. 2 http://www.bottlebill.org 2021-2022 Orange County Grand Jury Page 3 City Council 7-5 9/20/2022 Where Have All the CRVs Gone? typically a half -mile radius circle with the center point originating at a supermarket that meets the following definitions based on Public Resources Code Sections 14509.4 and 14526.5: • Supermarket is identified in the Progressive Grocer Market Guidebook. • Supermarket gross annual sales are $2 million or more. • Supermarket is considered a full -line store that sells a line of dry groceries, canned goods, or non-food items and perishable items. A convenience zone is required by law to have within the zone's boundaries a recycling center that redeems all California Redemption Value (CRV) containers. A convenience zone with a recycler inside its boundaries is considered a served zone. Convenience zone recyclers provide opportunities to redeem containers near where the beverages were purchased. For the past several years, using the California redemption program has been a challenge for Orange County consumers. Several factors have led to this difficulty, including lack of access to fewer redemption centers. More than 1,369 supermarket redemption centers have closed since the peak in 2013. Just over 1,200 redemption centers remain in operation in California compared to nearly 2,600 centers in 2013. According to three separate surveys, supermarket chains and other beverage retailers legally obligated to be recyclers of last resort are refusing to redeem consumer deposits up to two-thirds of the time.3 CalRecycle brings together the state's recycling and waste management programs. They have provided grants to five pilot programs in California which make resident consumer CRV refunds more accessible and convenient, with the goal of diverting more recyclables from landfills. One pilot grant program is currently operating in Orange County. REASON FOR THE STUDY The subject of unclaimed CRV, and a pilot program being developed to address it, were brought to the attention of the OCJG through recently published articles and personal experience. A yearlong investigation of the California bottle deposit program found that the system could collapse without fundamental reform and that best practices are not being used.4 Currently, redemption centers in Orange County are few and far between and have been closing at an alarming rate. The lack of redemption centers has increased the statewide unclaimed deposits held by CalRecycle to over $600 million. 3 Liz Tucker, "Trashed, How California Recycling Failed and How to Fix It," Consumer Watchdog, published January 2020. For surveys showing that obligated stores refuse to redeem empties two thirds of the time, see: https://www. consumerwatchdog. org/energy/consumer-watchdog-report-shows-66-grocery-stores-surveyed-refused- recycle and https://www.nbcbayarea.com/news/local/Cash-in-the-Can-Califomias-Recycling-Run-Around- 564236811.html and https://abc7news.com/society/stores-required-to-redeem-crv-on-bottles/5553583/. a Liz Tucker, "Trashed, How California Recycling Failed and How to Fix It," Consumer Watchdog, January 2020. 2021-2022 Orange County Grand Jury Page 4 City Council 7-6 9/20/2022 Where Have All the CRVs Gone? The largest single recycling operator, rePlanet Recycling Centers, that had 600 locations in California, closed their last 284 centers on August 5, 2019, many of which were in Orange County. With fewer options, consumers have relinquished their CRV refunds to the trash haulers by resorting to single stream curbside collections. This CRV and material revenue is in addition to fees paid by residents to collect the recyclable materials. Waste haulers, including municipal haulers, were paid $146 million in 2020 for consumer CRV donated to their recycling bins at curbside and rural drop off locations.s The OCGJ discovered CalRecycle was exploring new ways to encourage recycling through five pilot programs. Recycle From Home in Irvine makes redemption of CRV as easy as taking out your trash. This report examines the issues and solutions behind recycling and CRV redemption and explores opportunities to expand innovative programs throughout the County. METHOD OF STUDY The OCGJ used a variety of methods to gather information for our investigation. • Interviews with individuals with expertise in state and local waste and recycling management. • Research about CRV, waste haulers, Convenience Zones, Cash for Trash, local newspapers, grant programs pertaining to Orange County and various sources relating to the overall operations of recycling and CRV fees. • Report studies from CalRecycle, Consumer Watchdog, and Container Recycling Institute (CRI). • Tours of Orange County landfills. • Review of various Assembly and Senate Bills pertaining to recycling. • Conducted a survey of Orange County cities recycling coordinators regarding their current CRV recycling programs. INVESTIGATION AND ANALYSIS CRV Redemption California's bottle and can recycling program was once considered successful. Today it has become a failed model. California now has a very inconvenient redemption structure compared to other states. As of May 2021, Californians have only one redemption center for about every 26,000 people. Oregon, in comparison, has 74 percent higher quantity of redemption centers than California,6 even though Oregon's population is one -ninth the size of California's. 5 For more on haulers and why consumers do not get back deposits, see: https://www.consumerwatchdog.org/news- story/opinion-why-californians-don't-get-thier-bottle-and-can-deposits-back_ 6 OBRC, Quarterly Report Q4 2020 2021-2022 Orange County Grand Jury Page 5 City Council 7-7 9/20/2022 Where Have All the CRVs Gone? 3,00d 2,500 2,000 1,500 iEM 500 Number of Redemption Centers in California, 2007 to 2021 (per CalRecycle) 4 4 o . + •• .,a +►r ++� v W W r. 4 as oM CD o -+ rl rl r1 N N i.y W ri rl rl rl 7�1 rF rl N N N More than half California's redemption centers have closed since 2013 due to State underpayments, commodities markets, and later the coronavirus pandemic. Redemption centers have faced financial hardships due to both scrap price declines and inadequate payments from CalRecycle. An additional hardship has been the increase in minimum wage for redemption center employees that has not been accounted for by the payment formula. More than 1,369 redemption centers have closed in California since the peak in 2013. Just over 1,200 redemption centers remain in operation in California, compared to nearly 2,600 centers in 2013. According to CalRecycle, grocery stores can be granted exemptions if recycling centers would not be economically viable, or if another redemption center is sufficiently close by, or if consumers predominantly use curbside services in their location.' Orange County currently has 338 convenience zones, but only 134 of the convenience zones have a redemption center. There are 59 zones made exempt by CalRecycle, 10 more on hold, For more on exemptions and other program rules, see: https://www.calrecycle.ca.gov/bevcontainer/retailers/zones_ 2021-2022 Orange County Grand Jury Page 6 City Council 7-8 9/20/2022 Where Have All the CRVs Gone? and 135 unserved.8 In the rest of the unserved zones lacking redemption centers, retailers are supposed to provide on -site redemption or pay State fees to avoid responsibility. Returning CRV containers to the local grocery store increases consumer convenience. In an intercept survey, people were asked to choose from eleven options as to why they redeemed bottles at the recycling center. The top three reasons were `close to home' (70 percent), `open at good times' (21 percent), and `short lines and wait times' (18 percent).9 Closer to Home or Place of Work Open During Times that are Good for Me - 20.5% Short Lines and Wait Times 18.4% Pays a Good Rate for my Bottles and Cans _ 15.8% Feels Safe = 12.0% Clean 10.6% Pays in Cash Rather than by Voucher/Check - 9.4% Enough Parking Spaces .8.3% Accessible via Public Transportation' 2.8% Asks Few Questions' 2A% Employees Speak my Language 1.4% 69.6% C.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% Top Reasons for Choosing a Recycle Center Consumer Watchdog conducted an audit of 50 Los Angeles -area grocery, convenience and drug stores required by the State to refund consumer bottle deposits. The audit found up to two-thirds of retailers responsible for redemption may be refusing to take bottles back. The penalty from CalRecycle for refusing CRV redemption is between $100 and $1,000, depending on whether it is a repeat offense. It is very rare that retailers will be inspected and penalized by CalRecycle.10 Close to 4,000 California stores have signed up with CalRecycle to redeem CRV containers in zones lacking recycling centers." In Orange County, 109 Recycling/Redemption centers remain open,12 many with limited days and hours of operation. In addition, there are currently 195 in- s https://www2.calrecycle.ca.gov/bevcontainer/recyclingcenters. 9 Intercept Survey conducted by the University of California, Berkeley research team. " Liz Tucker, "Trashed, How California Recycling Failed and How to Fix It," Consumer Watchdog, published January 2020. 11 www2.calrecycle.ca.gov/BevContainer/InStoreRedemption. 12 www2.calrecycle.ca.gov/bevcontainer>recycling centers. 2021-2022 Orange County Grand Jury Page 7 City Council 7-9 9/20/2022 Where Have All the CRVs Gone? store CRV redemption locations.13 Although the CalRecycle website lists the status, hours, and days of operation of recycling and redemption centers, the OCGJ determined the information is not always accurate. The primary cause of redemption center closure is the lack of compensation received from CalRecycle. Liza Tucker, a consumer advocate with Container Recycling Institute, stated, "the formula for calculating state payments to recycling centers is flawed." CalRecycle, she said, "averages costs to run centers across the state. But the cost of operating a redemption center in a grocery store parking lot — which is the most convenient for consumers — is substantially higher. ,14 The rePlanet Recycling Centers suffered the largest closure. Established in 1984, rePlanet grew to 600 redemption centers in California at its peak. In 2016, it closed 191 centers and terminated 300 employees. On August 5, 2019, it closed the remaining 284 centers and laid off the remaining 750 employees. David Lawrence, rePlanet's President said the factors were: Reduction in State Fees: • Depressed pricing of aluminum and plastic • Minimum wage increases • Required Health and Workers Compensation Insurance's The decline in Redemption Centers will result in: • Tons of metal, plastics, and glassware going into landfills • Increased greenhouse gas • Increased litter • Lost jobs in recycling and redemption industry • Income for families and individuals who gather discarded cans and bottles to earn extra cash A letter from Container Recycling Institute (CRI) urged the State to extend the Processing Payment Emergency Regulations for one year.16 The Emergency Regulations add a 10 percent reasonable financial return to calculate the processing payments that will be made to certified recyclers for 2021. This processing payment subsidy is intended to offset the difference between their operating costs and the revenue earned from scrap sales and handling fees. "Recyclers" include recycling centers, and curbside and drop-off programs. 13 www2.calrecycle.ca.gov/beveragecontainer/instore redemption. " Kevin Smith, "rePlanet Closes all Recycling Centers, Prompting a Call for Bottle, Can Redemption at Stores," San Gabriel Valley Tribune, August 6, 2019. 15 Ibid. 16 December 6, 2021, letter from Container Recycling Institute President and Executive Director, Susan Collins to The State of California Office of Administrative Law. 2021-2022 Orange County Grand Jury Page 8 City Council 7 — 10 9/20/2022 Where Have All the CRVs Gone? Number of Redemption Centers vs Beverage Container Redemption Rates 3,000 76%i 2,500 7a0 � QJ USNOOP 72% y c 2,000 0 Q. 70% c E 1,500 — Y 68% 1,000 m o 66% a � 500 649% E - 62% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Source data from CalRecycle. Redemption rates derivedbymultipiying published recycling ratesby redemption center participant shares. O Contolner Recycling Institute, 2020 California retailers are the failsafe for the program in locations lacking redemption centers. California has an average of one center for every 26,000 consumers,17 leading to CRV non - redemption. Waste Haulers Municipal curbside drop-off programs and trash haulers benefit from the redemption of CRV containers the consumers discard. When the Bottle Bill" passed, environmental groups and lawmakers envisioned a network of redemption centers in supermarket parking lots to redeem containers. But California lawmakers and environmentalists also wanted to encourage developing curbside recycling. Operators of curbside and rural drop-off recycling programs are eligible to bill the State for the CRV stamped on the labels of containers without offering consumers refunds.19 Waste haulers were paid $146 million in 2020 for consumer CRV donated to their recycling bins at curbside and rural drop off locations.20 The rate at which consumers take bottles and cans for direct deposit refunds stands at 58.8 percent as of November 2021. 17 California's population of 40 million is served by 1,553 redemption centers, per CalRecycle presentation, Beverage Container Recycling Program, Certification and Registration Branch, 4t1i Quarter 2018, presented in January 2019. 18 AB 2020, Margolin. 19 https://www.CalRecycle.ca.gov/bevcontainer. 20 In 2020 haulers were paid $118 million for the CRV in curbside bins and $28 million for the CRV at rural, drop off locations, according to the CalRecycle data analyzed by Container Recycling Institute. Corporate waste haulers operate a majority of these of these programs. Municipalities operate at least ten percent of these programs statewide. 2021-2022 Orange County Grand Jury Page 9 City Council 7 —11 9/20/2022 Where Have All the CRVs Gone? Meanwhile, unredeemed deposits in the State's main beverage fund are more than $600 million.21 Curbside haulers in many cities use a single stream method of gathering recyclables. People put their recyclables into one bin and trucks take them to a processing center where machinery sorts the materials. But during transport, the materials are jostled together, rendering at least one quarter of the materials useless because they are contaminated with ground -in bits of organic waste, paper, plastic, and metal. This contamination contributes to increased landfill waste rather than recycling. In California, waste haulers profit in numerous ways: • They receive the CRV value, and the material scrap value of recyclables collected. • Those that process recyclable materials are paid an additional three quarters of one percent, based on the total value of CRV collected, for administrative costs. • They are paid subsidies to compensate for the difference between the cost of recycling and the market scrap value. • They are awarded supplemental payments. California awards "supplemental payments" to operators of curbside programs. These payments were initially created as an incentive to start and support curbside collection programs. Now that most cities have curbside collection programs supported by ratepayers, the supplemental payments are additional profit. 21 Liza Tucker, "State Obscures Extent of a Half -Billion -Dollar Surplus of Unredeemed CRV Deposits as Redemption Rate Stays Stuck at 58 percent," Consumer WatchdM February 9, 2022. 2021-2022 Orange County Grand Jury Page 10 City Council 7 — 12 9/20/2022 Where Have All the CRVs Gone? -I T 41 GF1 I A DEPOSITS is uali, at on o "log of Pc�r}• wents� to � s Waste haulers . � IN "Sl16Sf �kS" Visualization of flow of Payments to Waste Haulers22 Beverage Container Recycling Pilot Program AND YE] 25 0 4F WIRES (1101 f;IED WNW WASIF HAIKEES END 0? IANFILLD Under previous legislation,23 CalRecycle approved five pilot programs to boost consumer redemption access in the following jurisdictions: Culver City, San Francisco, San Mateo County, Sonoma County, and the City of Irvine. Communities can create CRV redemption programs that work for them. Pilot programs allow flexible operating requirements and customized redemption programs designed to meet a region's unique needs. The CalRecycle Pilot Project Grant Program is designed to assist jurisdictions that lack CRV beverage container recycling opportunities for their residents. The goals of the Pilot Project Grant Program are: • Improving redemption opportunities in underserved areas. • Allowing local governments and private industry to work together, to create new, convenient, and innovative recycling opportunities that work in their region or area. • Increasing consumer redemption access. • Increasing recycling percentages in pilot program areas. 22 Liza Tucker, "Waste Haulers: The Square Peg in the Circular Economy," Consumer Watchdog, May 2021. Used with permission of the author. 23 California Beverage Container Recycling and Litter Reduction At (Assembly Bill 2020, Margolin, Statutes of 1986 Chapter 1290) (Public Resources Code 14571.9) SB458 (Wiener Chapter 648 Statues of 2017). 2021-2022 Orange County Grand Jury Page 11 City Council 7 — 13 9/20/2022 Where Have All the CRVs Gone? Pilot program jurisdiction is defined as a city, county, or a combination thereof, that has authority to issue a grant permission for a certified pilot program recycler to operate in the designated pilot project area. Jurisdiction must meet at least one of the following criteria: • The jurisdiction must have at least six unserved convenience zones. • At least 75 percent of all convenience zones are unserved. Local jurisdictions can now apply to turn their recycling deserts into hubs for convenient bottle and can redemption. California has approved five additional pilot grants, and the grant pilot program has been extended until June 30, 2026. The Governor has allocated an additional $10 million to support the local pilot programs. Additional Grant Opportunities Currently, in Orange County, there is one grant pilot program operating. This program, called Recycle from Home, is a joint effort between the City of Irvine and the program's founder, Ryan Bloom. Irvine was an ideal location for a pilot program because of its high -density population with unserved CRV redemption zones. Recycle from Home picks up recycling directly from the resident's doorstep and deposits CRV refunds into the user's account of choice, minus 10 percent paid to the program. Participants are responsible for sorting their CRV recyclables and placing them in specially coded bags provided. Once the bag is ready, residents simply schedule a pick- up with Recycle from Home through an app or phone call and place the bag(s) on their porch. The OCGJ found this program to be an innovative way to return CRV funds to the consumers. Additionally, CalRecycle offers the Beverage Container Recycling Grant Program. Beginning September 30, 2021, and ending June 28, 2024, grants are available to cities for beverage container recycling. The goal of this program is to reach and maintain an 80 percent recycling rate for all of California refund value beverage containers -aluminum, glass, plastic, and bi-metal. Unlike the Grant Pilot Program, no redemption element to consumers is required. The requirements are: • The projects must be in California. • Reimbursement will not exceed the amount stated on the Grant Agreement Cover Sheet (CalRecycle 110). • The grantee will ensure that the recycling bins, if applicable, are serviced on a regular basis and that collected material is transported to a certified recycling center. • The grantee will ensure, if applicable, that it and/or other entities certified to collect beverage containers are certified or registered by CalRecycle in the proper category and will provide the Grant Manager a copy of the certification certificates(s) upon request. 2021-2022 Orange County Grand Jury Page 12 City Council 7 — 14 9/20/2022 Where Have All the CRVs Gone? The grantee shall monitor the project for the tonnage and revenues collected by material type, if applicable, and will report to the Grant Manager in the progress and final reports. Information for both these programs is available on the CalRecycle web site.24 The OCGJ strongly encourages other cities and the County to research and apply for available grants or pilot programs from CalRecycle for their communities that focus on returning more CRV funds to their residents' benefit and to reduce recyclables from entering landfills. Current State of Redemption Efforts in Orange County The OCGJ surveyed the thirty-four cities in Orange County. The purpose of the survey was to evaluate the efforts the cities are currently undertaking to help residents obtain their CRV refunds and remove recycling from the waste stream. The City of Irvine is currently participating in the Recycle from Home grant pilot program and requires its solid waste hauler to operate a buy-back center for Irvine residents. Over 40 percent of the 14 cities that responded to the OCGJ survey failed to offer an organized program for public outreach and education regarding CRV redemption and recycling. Many relied on their waste haulers to make recycling available and to educate their community. Brea had applied for CalRecycle Beverage Container Recycling grants for the purchase of designated recycling containers at several city and school locations. Three of the responding cities took into consideration waste hauler revenue from CRV redemption and raw material sales in different ways. Laguna Beach had a windfall recycling payment clause in their waste hauler contract. It stipulated that the contractor agreed to pay Laguna Beach 25 percent of revenue that is attributable to the sale of recyclable material collected in the city that exceeds $135 per ton (net processing costs). Similarly, Fountain Valley had CRV revenue sharing which required the waste hauler share CRV revenue with the city once the contractor's baseline CRV revenue exceeded $275,000. San Juan Capistrano considered fundraising efforts by requiring the waste hauler to offer free 30-yard roll -off containers to local schools for collecting CRV from students and families. When these containers are filled, the contractor is required to provide the redemption value to the school as a fundraising source. The OCGJ applauds the efforts by these cities to benefit their citizenry and increase material recycling. The OCGJ sees a missed opportunity for the cities that are not leveraging CRV or the raw material revenue when negotiating their waste hauler contracts. Orange County cities should be more proactive in encouraging CRV redemption and recycling by their residents. The OCGJ also encourages each City's participation and promotion of the grant pilot programs currently offered by CalRecycle. An additional tool for sharing information about each City's recycling efforts is the City Recycling Coordinators Meeting. This meeting is held quarterly and facilitated by staff of OC Waste & Recycling (OCWR), a department of the County of Orange. A recent meeting included 24 www.calrecycle.ca.gov 2021-2022 Orange County Grand Jury Page 13 City Council 7 — 15 9/20/2022 Where Have All the CRVs Gone? recycling coordinators, representatives from CalRecycle and OCWR, consultant groups, and industry professionals. Agenda items included: • Education Outreach Updates. • CalRecycle Update. • City/Consultant Q&A. The OCGJ believes this is an educational and informative opportunity for City Recycling Managers and encourages participation by all cities. FINDINGS Based on its investigation described here, the 2021-2022 Orange County Grand Jury has arrived at the following principal findings: F 1 Due to the reduced availability of convenient CRV redemption sites and the lack of accurate online information, it is difficult for resident consumers to redeem CRV fees. F2 Because redemption site locations have diminished in number, waste haulers are the beneficiaries to the CRV fees paid originally by resident consumers. F3 CalRecycle is attempting to improve CRV redemption and reduce CRV recyclables from landfills and are offering financial incentives to do so. Orange County and its cities are not fully taking advantage of the grant or pilot program opportunities available through CalRecycle. F4 Orange County and most OC Cities do not make CRV redemption and recycling a priority when negotiating their waste hauler contracts which results in missed financial opportunities and convenience for their residents. In accordance with California Penal Code Sections 933 and 933.05, the 2021-2022 Grand Jury requires responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. RECOMMENDATIONS R1 By January of 2023, each of the cities in Orange County should research and apply for available grants or pilot programs from CalRecycle for their community that focus on returning more CRV funds to their residents. (F3) R2 By January of 2023, the Orange County Board of Supervisors should require OC Waste & Recycling to research and apply for available grants or pilot programs from CalRecycle for the unincorporated areas of OC that focus on returning more CRV funds to their residents. (173) 2021-2022 Orange County Grand Jury Page 14 City Council 7 — 16 9/20/2022 Where Have All the CRVs Gone? R3 When renegotiating their current waste hauler contract, all cities and the County of Orange should assess the value of the CRV funds received by the waste hauler in their jurisdiction and creatively leverage this revenue for the benefit of their residents. (172, 174) R4 By January of 2023, all cities and the County of Orange should develop extensive community outreach programs aimed at educating the public about how to access CRV redemption in their jurisdiction. (F1, 173) COMMENDATIONS The OCGJ commends Recycle From Home in the City of Irvine as CalRecycle's only pilot project grant program in Orange County. A collaboration between the City and private enterprise, Recycle From Home is a unique collaborative concept to service the entire City of Irvine's CRV recycling needs. This is an eco-friendly way to recycle right from your driveway or doorstep. This mobile residential recycling service was selected and approved as part of a new pilot project grant program established by the State of California. The pilot program is innovative, convenient, helps keep CRV recyclable material out of the waste stream and returns the deposits directly to the consumer. RESPONSES The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report: California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the way such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: 2021-2022 Orange County Grand Jury Page 15 City Council 7 — 17 9/20/2022 Where Have All the CRVs Gone? (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision -making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Responses Required Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required from: 90 Day Response Required i I F1 F2 F3 F4 Orange County Board of Supervisors X X I X 90 Da Res onse Required MRl R2 R3 R4 Orange County Board of Supervisors I X X X X 2021-2022 Orange County Grand Jury Page 16 City Council 7 — 18 9/20/2022 Where Have All the CRVs Gone? 90 Day Response Required F1 F2 F3 City Council of Laguna Hills X X X 90 Day Response Required RI R2 R3 R4 City Council of Laguna Hills X X X X 90 Day Response Required F1 F2 F3 City Council of Laguna Niguel X X X 90 Day Response Required RI R2 R3 R4 City Council of Laguna Niguel X X X X 90 Day Response Required F 1 F2 F3 City Council of Laguna Woods X X X 90 Day Response Required RI R2 R3 R4 City Council of Laguna Woods X X X X 90 Day Response Required F1 F2 F3 City Council of Lake Forest X X X 90 Day Response Required RI R2 R3 R4 City Council of Lake Forest X X X X 90 Day Response Required F1 F2 F3 City Council of Los Alamitos X X X 90 Day Response Required RI R2 R3 R4 City Council of Los Alamitos X X X X 90 Day Response Required F1 F2 F3 City Council of Mission Viejo X X X 90 Day Response Required RI R2 R3 R4 City Council of Mission Viejo X X X X 2021-2022 Orange County Grand Jury Page 17 City Council 7 — 19 9/20/2022 Where Have All the CRVs Gone? 90 Day Response Required F1 F2 F3 City Council of Rancho Santa Margarita X X X 90 Day Response Required RI R2 City Council of Rancho Santa Margarita X X X X 90 Day Response Required F 1 F2 City Council of San Clemente X X X 90 Day Response Required RI R2 R3 R4 City Council of San Clemente X X X X 90 Day Response Required F1 F2 F3 City Council of San Juan Capistrano X X X 90 Day Response Required R1 R2 R3 R4 City Council of San Juan Capistrano X X X X 90 Day Response Required F1 F2 F3 City Council of Santa Ana X X X 90 Day Response Required RI R2 R3 R4 City Council of Santa Ana X X X X 90 Day Response Required F1 F2 F3 City Council of Seal Beach X X X 90 Day Response Required RI R2 R3 R4 City Council of Seal Beach X X X X 90 Day Response Required F1 F2 F3 City Council of Stanton X X X 2021-2022 Orange County Grand Jury Page 18 City Council 7 — 20 9/20/2022 Where Have All the CRVs Gone? 90 Day Response Required RI R2 R3 R4 City Council of Stanton X X X X 90 Day Response Required F1 F2 F3 City Council of Tustin X X X 90 Day Res onse Required RI R2 R3 R4 City Council of Tustin X X X X 90 Day Response Required F1 F2 F3 City Council of Villa Park X X X 90 Day Response Required RI R2 R3 R4 City Council of Villa Park X X X X 90 Day Response Required F1 F2 F3 City Council of Westminster X X X 90 Day Response Required RI R2 R3 R4 City Council of Westminster X X X X 90 Day Response Required F1 F2 F3 City Council of Yorba Linda X X X 90 Day Response Required RI R2 R3 R4 City Council of Yorba Linda X X X X Responses Requested 90 Day Response Requested F1 F2 F3 F4 OC Waste & Recycling X X X 90 Day Response Requested RI R2 R3 R4 OC Waste & Recycling X X X 2021-2022 Orange County Grand Jury Page 19 City Council 7 — 21 9/20/2022 Where Have All the CRVs Gone? GLOSSARY Assembly Bill 2020 Encourage recycling and reduce litter. Assembly Bill 939 Integrated Waste Act — mandates reduction of waste being disposed. Bottle Bill Senate Bill 38. CalRecycle California Department of Resources, Recycling and Recovery. CIP Convenience Incentive Payment. Convenience Zone A convenience zone is required by law to have within the zone's boundaries, a recycling center that redeems all California Redemption Value (CRV) containers. A convenience zone with a recycler inside its boundaries is considered a served zone. CRV California Refund Value. Handling Fee Monthly payments made by the CalRecycle to recycling centers that meet certain eligibility requirements. MRF A facility utilized for the purpose of collecting, sorting, and processing materials to be recycled. PRA Public Records Act. OAL Office of Administrative Law. OCWR OC Waste & Recycling, a department of the County of Orange. OCGJ Orange County Grand Jury. Processing Fee Total cost charged per online transaction. Redemption Center Accepts empty deposit beverage containers from redeemers. Senate Bill 38 "Bottle Bill" — requires beverage industry to establish convenient recycling and redemption places so consumers may get their deposits back. Single Stream Waste haulers pick up Recycle bins from customer's location. Transaction Fee Flat dollar amount charged based on the number of transactions. Waste Hauler Any person carrying or engaging in the collection of waste. 2021-2022 Orange County Grand Jury Page 20 City Council 7 — 22 9/20/2022 EXHIBIT 2 September 22, 2022 Honorable Erick Larsh, Presiding Judge Orange County Grand Jury 700 Civic Center Drive West Santa Ana, CA 92701 Via E-mail and U.S. Mail Subject: Response to Grand Jury Report Entitled "Where Have All the CRVs Gone" Dear Honorable Judge Larsh: Please accept this letter as the City of Santa Ana's response to the Grand Jury's report entitled "Where Have All the CRVs Gone". The City's responses to the items requested by the Grand Jury specifically for the City of Santa Ana are: F1, F2, F3, F4, R1, R2, R3, R4. FINDINGS: Based on its investigation described here, the 2021-2022 Orange County Grand Jury has arrived at the following principal findings: F1 Due to the reduced availability of convenient CRV redemption sites and the lack of accurate online information, it is difficult for resident consumers to redeem CRV fees. City's Response: Disagree wholly - According to CalRecycle's records, Santa Ana has 22 buyback centers. These 22 buyback centers represent 20% of the 110 total buyback centers in Orange County while Santa Ana's population comprises less than 10% of the County's population. These buyback centers serve a population of 310,227, an average approximate density of one redemption center for every 14,100 people, which is 84% higher density than the California average of one redemption center for every 26,000 people. The City of Santa Ana's redemption center density is also over two times higher than the Orange County average (one redemption center for 29,000 people). The high density of CRV redemption centers allows for residents of Santa Ana, and contiguous communities, to redeem CRV containers in a convenient manner. A map showing 22 redemption centers within the City limits is included as Attachment 1 to this letter. F2 Because redemption site locations have diminished in number, waste haulers are the beneficiaries to the CRV fees paid originally by resident consumers. City's Response: Disagree wholly — Because of the high density of CRV redemption centers in the City of Santa Ana, and the propensity of residents of Santa Ana to redeem their CRV containers at these local centers, very low volumes of CRV end up in the curbside recycling program that is operated by the City's franchise hauler. For example, according to Waste Management's 2021 annual report, aluminum is 0.02% of the total residential waste stream (27.87 tons of aluminum out of 121,430.88 tons of total residential waste in 2021). According City Council 7 — 23 9/20/2022 to CalRecycle's waste characterization study, 0.10% of Orange County's residential waste stream comprises aluminum cans. The City of Santa Ana has 1/5th the amount of aluminum cans in its residential waste stream when compared to the OC average due to the high density of CRV redemption centers in the City and the ease of CRV redemption enjoyed by residents. Visit www2.calrecycle.ca.gov/WasteCharacterization/ to view CalRecycle's waste characterization study. Additionally, based on CRV redemption data provided by CalRecycle, the City's residents utilized buyback centers for 30.2 million lbs. of the total 42.9 million lbs. of CRV redeemed in the City. The hauler redeems only 30% of the total CRV in the City via curbside programs while recycling centers are used by residents to redeem 70% of CRV in the City. In an Orange County city with a lower density of redemption centers (approximately 1 buyback center for every 85,000 residents), 70% of CRV is hauler -redeemed and 30% is redeemed by residents via redemption centers. F3 CalRecycle is attempting to improve CRV redemption and reduce CRV recyclables from landfills and are offering financial incentives to do so. Orange County and its cities are not fully taking advantage of the grant or pilot program opportunities available through CalRecycle. City's Response: Disagree wholly — As evidenced by the analysis included in the City's responses to Findings 1 and 2, CRV redemption levels are sufficiently high in Santa Ana without the need for additional funding or programs. F4 Orange County and most OC Cities do not make CRV redemption and recycling a priority when negotiating their waste hauler contracts which results in missed financial opportunities and convenience for their residents. City's Response: Disagree wholly — the City recently completed a competitive Request for Proposals for trash and recycling services. The contract became effective July 1, 2022 and a new service provider, Republic Services, is now collecting materials in the City. The City included language in the contract that indicates the hauler receives all revenue from CRV materials that end up in the recycling bins, as well as the scrap value of both CRV and non- CRV materials. As a condition of receiving these revenue streams, the hauler assumes all risks and rewards associated with fluctuations in commodity values. Additionally, the hauler is prohibited from requesting rate adjustments from the City if commodity pricing results in financial losses. The City believes this system of the hauler assuming all risks and rewards associated with commodity and/or CRV revenue protects the ratepayer by keeping the rates stable and consistent. Further, it provides an incentive to the hauler to maximize the amount of clean recyclable materials it accepts through recycling programs and to take measures to reduce CRV scavenging. RECOMMENDATIONS R1 By January of 2023, each of the cities in Orange County should research and apply for available grants or pilot programs from CalRecycle for their community that focus on returning more CRV funds to their residents. (F3) City Council 7 — 24 9/20/2022 City's Response: The recommendation will not be implemented because it is not warranted as the residents of Santa Ana currently enjoy convenient access to redemption centers. Further, the pilot programs highlighted in the Grand Jury report, while innovative and convenient for residents, are not financially sustainable. In a July 15t" article titled `Pilot mobile recycling programs aren't fix for California's crumbling system', the Orange County register found that the cost of redeeming a CRV container using the City of Irvine's mobile CRV pilot program exceeded the CRV value of the container. Further, the pilot program in Irvine did not appear to be `scalable' beyond a pilot phase due to subscription, financial non-sustainability, and participation. Due to the already high participation from Santa Ana residents in existing CRV redemption programs, it is unlikely that such a program would have better outcomes in Santa Ana. Grant funding or additional programming are not needed in Santa Ana to increase residential CRV redemption levels at this time. R2 By January of 2023, the Orange County Board of Supervisors should require OC Waste & Recycling to research and apply for available grants or pilot programs from CalRecycle for the unincorporated areas of OC that focus on returning more CRV funds to their residents. (F3) City's Response: This recommendation will not be implemented by the City of Santa Ana because it is not warranted as the City does not have jurisdiction over the unincorporated areas of Orange County. However, it is the City's understanding that there are CRV redemption resources available in cities located near unincorporated areas of Orange County. The City further understands that the small geographically isolated `islands' of unincorporated County areas make mobile CRV programs or the placement of redemption centers infeasible. For these areas, hauler -provided curbside recycling programs are the most practical way to recover CRV materials. R3 When renegotiating their current waste hauler contract, all cities and the County of Orange should assess the value of the CRV funds received by the waste hauler in their jurisdiction and creatively leverage this revenue for the benefit of their residents. (F2, F4) City's Response: This recommendation has been implemented. The City recently completed a competitive Request for Proposals for trash and recycling services. The contract became effective July 1, 2022 and a new service provider, Republic Services, is now collecting materials in the City. The City included language in the contract that indicates the hauler receives all revenue from CRV materials that end up in the recycling bins, as well as the scrap value of both CRV and non-CRV materials. As a condition of receiving these revenue streams, the hauler assumes all risks and rewards associated with fluctuations in commodity values. Additionally, the hauler is prohibited from requesting rate adjustments from the City if commodity pricing results in financial losses. R4 By January of 2023, all cities and the County of Orange should develop extensive community outreach programs aimed at educating the public about how to access CRV redemption in their jurisdiction. (F1, F3) City Council 7 — 25 9/20/2022 City's Response: The recommendation will not be implemented as it is not warranted. As noted in previous responses, residents of the City of Santa Ana enjoy convenient access to CRV redemption centers and are currently redeeming CRV containers at higher -than - average rates. It is the City's opinion that additional targeted marketing to increase residential CRV redemption is not needed in Santa Ana. Thank you for the opportunity to respond to your request. If you have any questions, please feel free to call me at (714) 647-5200. Sincerely, Kristine Ridge City Manager City Council 7 — 26 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Orange County Grand Jury's Investigative Report, Findings and Recommendations Regarding "Water in Orange County Needs One Voice" AGENDA TITLE Orange County Grand Jury's Investigative Report, Findings and Recommendations Regarding "Water in Orange County Needs One Voice" RECOMMENDED ACTION Receive and file the Orange County Grand Jury's report, findings and recommendations regarding wholesale water policy and operations in Orange County needing "One Voice" and authorize the City Manager to deliver the City's response to the findings and recommendations to the Presiding Judge of the Superior Court. DISCUSSION On June 22, 2022, the Orange County Grand Jury (OCGJ) issued a report with findings and recommendations regarding the establishment of a singular wholesale water supply agency in Orange County. The OCGJ report aims to, among other things, address the merits related to the formation of "One Voice" in the Orange County wholesale water structure. Most of Orange County relies heavily on imported water for its ongoing supply, as well as some of its groundwater storage replenishment needs. Metropolitan Water District of Southern California (MET) supplies imported water to Southern California. While the cities of Santa Ana, Anaheim and Fullerton purchase imported water directly from MET, other water suppliers in Orange County purchase imported water from Municipal Water District of Orange County (MWDOC), who buys it from MET. Orange County Water District (OCWD) supplies groundwater to the retail water agencies and cities geographically situated in the Orange County Groundwater Basin, which includes the City of Santa Ana. Exhibit 1 is the OCGJ's complete report. As a result of the investigation, OCGJ issued six findings and two recommendations. The OCGJ is requesting that the City of Santa Ana respond to five findings and both of the recommendations. Exhibit 2 outlines the OCGJ findings, recommendations and the City's responses. Upon authorization by the City Council, the responses in Exhibit 2 will be submitted to the Presiding Judge of the Superior Court. City Council 8-1 9/20/2022 Orange County Grand Jury Response Regarding Water September 20, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. County of Orange Grand Jury Report, Waterin Orange County Needs "One Voice" 2. City's Response to County of Orange Grand Jury Report, Water in Orange County Needs "One Voice" Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 8-2 9/20/2022 Water in Orange County Needs "One Voice" GRAND JURY 2021-2022 City Council 8-3 9/20/2022 Water in Orange County Needs "One Voice" Table of Contents SUMMARY................................................................................................................................... 3 BACKGROUND........................................................................................................................... 4 REASON FOR THE STUDY...................................................................................................... 4 METHODOF STUDY................................................................................................................. 4 INVESTIGATION AND ANALYSIS......................................................................................... 5 StatusQuo............................................................................................................................... S Differencesin Supply Sources............................................................................................. 10 History, Governance and Authorizing Legislation.............................................................. 11 Services Provided by Wholesalers & Retailers.................................................................... 12 Where Do We Go from Here?.............................................................................................. 13 FINDINGS................................................................................................................................... 16 RECOMMENDATIONS............................................................................................................ 16 COMMENDATIONS................................................................................................................. 17 RESPONSES............................................................................................................................... 17 ResponsesRequired.............................................................................................................. 18 ResponsesRequested............................................................................................................ 19 GLOSSARY................................................................................................................................. 22 2021-2022 Orange County Grand Jury Page 2 City Council 8-4 9/20/2022 Water in Orange County Needs "One Voice" SUMMARY The future of a reliable water supply for California, as well as Orange County (OC), is at risk. The intense dry spell in the West, the worst in 1,200 years, is being labeled a "Mega Drought."' Multiple years of drought and inconsistent availability of imported surface water from Northern California and the Colorado River should inspire OC leaders responsible for a reliable water supply to consider new ways to offset the likely depletion of aquifers and reservoirs. Ronald Reagan once said: "No government ever voluntarily reduced itself in size." However, it is important that Orange County water providers consolidate their resources and establish a unified voice to lead the County more efficiently in its water policies and planning. Multiple water experts agree it is time to coordinate strategies in water conservation, development of new supply and infrastructure, and preparation for the possibility of continued drought, disaster, and State -mandated water cutbacks. Providing water to Orange County residents is a complicated process and requires the work of water wholesalers and retailers. Retail water agencies (districts and cities) are the direct link to residential and commercial customers. It is they who set the retail price for the water that is delivered. Providers of drinkable water to these retail entities are the wholesalers (suppliers) of imported and local groundwater from the aquifer. The current structure of wholesale water supply and operations in Orange County, although fragmented between Orange County Water District (OCWD), Metropolitan Water District of Southern California (MET), and Municipal Water District of Orange County (MWDOC), has been successful in providing reliable, high -quality drinking water. While differences in geology and geography dictate different water supplies, no single governmental body is solely responsible for wholesale water policy and operations in Orange County, even though providing future reliable water supply is becoming more challenging. While the processes of supplying wholesale groundwater and imported water are arguably dramatically different, complex, and should remain separated in OC, the Orange County Grand Jury (OCGJ) has determined that all sources of water are interconnected and would be best administered by one governmental entity. All the water flowing to OC taps looks the same, whether imported or groundwater, so why do we need two wholesale agencies? This single leadership structure, whether through consolidation of existing dual entities (OCWD and MWDOC) or creation of a new water authority, is achievable through a combination of governance and local and State legislative changes that authorizes the single organization to lead all aspects of Orange County wholesale water. Although any consolidation or formation of a new water agency would pose political, administrative, and operational challenges, the OCGJ concluded that, at long last, it is time for Orange County to operate with "one water voice." ' February 14, 2022, Peer reviewed study published in the journal Nature Climate Change https:Hdoi.org/l0.1038/s4l558-022-01290-z 2021-2022 Orange County Grand Jury Page 3 City Council 8-5 9/20/2022 Water in Orange County Needs "One Voice" BACKGROUND Multiple prior Grand Jury Reports have addressed water issues, including water challenges and opportunities jointly being faced by all of Orange County. One report pointed out disparities between the North/Central and South County's water sources, the fragmented governance, and the significant differences in topography.2 Another report informed the public about sustainability of the local water supply and future needs, along with evaluating the efforts of the two major wholesale water agencies in the County.3 Orange County relies heavily on imported water for its ongoing supply, as well as some of its groundwater storage replenishment needs. Metropolitan Water District of Southern California (MET) supplies imported water to Southern California. Municipal Water District of Orange County (MWDOC) buys imported water from MET and sells it to Orange County's retail water agencies (cities and special districts). Orange County Water District (OCWD) supplies ground water to the retail water agencies and cities geographically served by the aquifer and wells. REASON FOR THE STUDY The consolidation of OCWD and MWDOC has been explored in the past, debated by wholesale and retail water agencies, but ultimately never accomplished. The formation of a new Joint Powers Authority is one option. But no matter how a consolidation would be accomplished, the OCGJ concluded that now is the time to have a single wholesale water supply agency in Orange County. Based on statements made during numerous OCGJ interviews, multiple water professionals support moving from two to one wholesale entity for Orange County. The OCGJ is concerned that opportunities to operate, innovate, lobby, capitalize and coordinate communication are not being optimized with Orange County's current wholesale water structure, which is split between two key, but very different, agencies. This report will, among other things, address the merits related to the formation of "One Voice" in the Orange County wholesale water structure. It will highlight ways in which Orange County can better address water supply, operations, and infrastructure. The report will not recommend specifically how a single structure comes to fruition legislatively. METHOD OF STUDY The Grand Jury evaluated the efforts of the existing primary water entities in Orange County MWDOC and OCWD—to determine what is working well, and the challenges and opportunities currently existing. In its investigation, the OCGJ used the following sources. z 2009-2009 Grand Jury report titled Paper Water s 2012-2013 Grand Jury report titled Orange County Water Sustainability: Who Cares? 2021-2022 Orange County Grand Jury Page 4 City Council 8-6 9/20/2022 Water in Orange County Needs "One Voice" • In -person and virtual interviews. Specifically, interviews of current and former Water District Managers, City and Regional Water Managers and other involved State entities and individuals. • Water District website meeting minutes and document review. • Independent research (articles, websites, reports, minutes, documents, etc.). • Research of applicable State and local water -related statutes and ordinances. • Site tours of water and sanitation districts' operations. • Past Grand Jury reports. • 2021 Orange County Water Summit. The interviews included personnel from water agencies that represented a cross section of regional and local wholesalers and retailers to obtain a diversity of perspectives based on geography, demographics, and practices. The investigation took into consideration the variety of characteristics that exist in the County, including: • North compared to South County sources of water supply (reliance on imported water). • Variety of projects to provide water supplies during normal and emergency times. • Diversity of projects and plans to increase reliable sources of water supply including. categories related to conservation, recycling for irrigation and potable use, storage, desalination options, etc. • Multi -agency collaboration. INVESTIGATION AND ANALYSIS Overall, California water sources come from imported supplies (State Water Project in Northern California and the Colorado River), groundwater, stormwater, water transfers, desalination, and water recycling. Orange County, like the rest of California, relies on a variety of sources, with the exception of desalination which is currently in the planning stage. Status Quo To best understand the background of wholesale water in California, and specifically Orange County, one must examine the three major governmental agencies involved: Metropolitan Water District of Southern California (MET), Municipal Water District of Orange County (MWDOC), and Orange County Water District (OCWD). These agencies have similar names but very different responsibilities. The role of retail water districts will also be explained. Metropolitan Water District of Southern California MET provides water from the Colorado River and the State Water Project from Northern California to Southern California. It wholesales this imported water to its Orange County member agencies, MWDOC and the independent cities of Anaheim, Fullerton, and Santa Ana. 2021-2022 Orange County Grand Jury Page 5 City Council 8-7 9/20/2022 Water in Orange County Needs "One Voice" MET provides most of the water imported into Orange County. MET currently delivers an average of 1.7 billion gallons of water per day to a 5,200 square mile service area. MET is a group of 26 cities and water districts providing drinking water to over 19 million people in Los Angeles, Orange, San Diego, Riverside, San Bernardino, and Ventura counties. N9ecrapalitan Walcr Uislriec of Snuthern Calforoia HOOVE P DAM 41 y _ AQUEDUCT Y tMT�Ma r.auriw i � � INTArIE PUMP LIFT' 't .-Wx"r."r*" .K �PARK IEA DAW SIYH �EArrhA�ME ffl41}41 T �^ - + +�y F,�ffifF �, sir. piRSN {1�T. F iu�Li�aC GWl�.ty � OL 4110 Municipal Water District of Orange County MWDOC acts as a pass -through agency for MET's imported water. This imported water is sold to MWDOC's 27 member agencies which, except for Fullerton, Anaheim and Santa Ana, covers the entire County. MWDOC also sell untreated water to OCWD for ground water discharge. MWDOC does not own or operate any water infrastructure. 2021-2022 Orange County Grand Jury Page 6 City Council 8-8 9/20/2022 Water in Orange County Needs "One Voice" Ls-W r►— M— 1 Lol47Sn Ya Ibr Urm + wr,rr Wild r.ik .iolb.M1� Iry S-, IP+ Ac.h�m 'MDYM.1 NIlIlI UShk{ Gmfn .' YF Ca {cs,YIz.l SSII eocRrA" SaOne t-o CA. w Srpl w{yrtJ..lx 8e5_t RI:+lh �.lna Aop f;2 x�.ti I,r b.ao wrj Il.n}ry f,ry N.S. WF7W PI}VaC[ o—h WA Mali � OYlrin lirwWl tl..cl�fi GI Toro 11 Yl+r{!a A}1 Sail. fYlpn4 SY. xr p.irlc. f-06'8.Mk 01+1•et--- rJwan NgwI wim M&W a.w+i iro-aar[auly� w,}a or.rY e erre •!� s«Ih r—LYPo MWDOD Service Area and Member Agencies � �! MVONesnberASr cy East CXwge Ca nky Wa I GisIrk.1 CM DI e L-j H Nan-MYYDX Svvlm Aron s Insltle *PAIMG d.d Oulelde Rftall MW Af BnGq BhWdely Freed v 04TOlway PrwwA4 FnNwi3q or rmway Orange County Water District OCWD manages the groundwater basin in the north and central part of the County. OCWD does not directly provide water to any residents or businesses, except treated wastewater for irrigation in the Green Acres Project. The Green Acres Project is a water reuse effort that provides recycled water for landscape irrigation at parks, schools and golf courses and some industrial 2021-2022 Orange County Grand Jury Page 7 City Council 8-9 9/20/2022 Water in Orange County Needs "One Voice" uses.4 OCWD's primary role is to manage the basin and provide local water retailers with a reliable, adequate, and high -quality supply of water.5 In addition, OCWD operates the Groundwater Replenishment System (GWRS) in partnership with the Orange County Sanitation District (OCSAN). This state-of-the-art water purification project can produce over 100 million gallons of high -quality potable water per day for aquifer recharge. OCWD provides groundwater to 19 municipal and special water districts and supplies approximately 77 percent of the water �� Y4RBP LIMBA 10 Fi ry{PHlll I IILIFR LnX —_- ➢ANK r % J xw�wFp � i • "PRLSS F.� I YIL4A ^••� �+ as..J alai + 51 A.10" ORANGE f M WINMS I BRLSu4 rt 2 MAL ¢ BEACH 6lIHT.R M 11MINOVx FILLLLE> �H� TIISTIIL P. :I F.ALH TX } KE� r q P. h� O CNN D SERVICE AREA N1a4 supply for North and Central Orange County. OCWD is the only wholesale groundwater agency for Orange County and is a customer of MWDOC for imported needs to supplement the aquifer recharge serving North/Central County. OCWD currently has $1.5 billion in capital infrastructure assets. 4 www.ocwd.com/about/ 5 Ibid. 2021-2022 Orange County Grand Jury Page 8 City Council 8 — 10 9/20/2022 Water in Orange County Needs "One Voice" Additional Supply for OCWD The Santa Ana River is the largest coastal stream in Southern California. Flowing west from the San Bernardino Mountains, the river winds through San Bernardino and Riverside Counties before reaching Orange County at Prado Dam, then traveling through the OCWWD aquifer to supplement recharge, before terminating at the Pacific Ocean. The river is joined by Santiago Creek and flows to the ocean between Huntington Beach and Newport Beach.6 I nlarM $+narr■ Llrrfile Ay+ncy SW Jkmwlina V11 Ahnk�M:Mlu�r 41sUie1 - i sI WaL.r pla11ILI -� I is Retail Water Districts r� 5anw Ana River Watomhed Retail water organizations are the direct connection of supplying water to residential and commercial consumers. There are 29 retail water providers throughout Orange County. These water providers include cities, special water districts/agencies and one private water company. 6 www.ocwd.com/what-we-do/ 2021-2022 Orange County Grand Jury Page 9 City Council 8 —11 9/20/2022 Water in Orange County Needs "One Voice" Orange County Retail Water Districts lL �[rx xm iwwxF � Vac. ure. rinr hner, r.n. xmnc di k.IZ. Q% Lwlr;m o"n.i Y+iLlfM bare tV,ry, _ YFr�w Ca �C.xw.ul 'SI, coc�ror..,.a dJ x nxen fen, Ly Fvi.n F.r ti � x..n.v,ar. wa Wep�O�txtr n.L�,re o.w. w.x-cnt � $T gr6n. 11.Ni o rage 4myU'x.rsli �1�,16d1xl1 n7 Snl. Nripr.L W rui priYu EfMwN S�Wfr ICL h1Y1.IfL� MWltln nlpA: 1Y,'ai rokfl upi+1$WLFCeLnry'� W,d prY S yNgj�� r+ � + 4er++ru Sawn Cra wamr or�i Differences in Supply Sources South Orange County's approximate 600,000 residents rely primarily on imported water (70-100 percent of needed supply depending on location) from hundreds of miles away. The imported water is purchased through the Municipal Water District of Orange County (MWDOC).7 North and Central County's roughly 2.8 million residents rely primarily (19-99 percent depending on location) on groundwater supplied OCWD, which refills the Orange County Groundwater Basin with many different water supplies: water from the Santa Ana River; local rainfall; treated and purified wastewater through the Groundwater Replenishment System (GWRS); and imported water from the Colorado River and Northern California.8 7 www.ocwd.com/about & www.mwdoc.com/wp-content/uploads/2017/05/water-Supply.pdf 8 www.mwdoc.com/wp-content/uploads/2017/05/Water-Supply.pdf 2021-2022 Orange County Grand Jury Page 10 City Council 8 — 12 9/20/2022 Water in Orange County Needs "One Voice" History, Governance and Authorizing Legislation MET In 1928, the Metropolitan Water District Act was established by the California Legislature. The original purpose was to construct and operate the 242-mile Colorado River Aqueduct, which runs from an intake at Lake Havasu on the California -Arizona border to an endpoint at Lake Mathews reservoir in Riverside County. MET has a 38-member board of directors representing the district's 26 agencies. Orange County is represented on the MET Board by seven Board members. MET has imported water from the Colorado River since 1941 and from Northern California since the early 1970s.9 MWDOC MWDOC is a wholesale water supplier and resource planning agency that was established in 1951. Governed by a seven -member Board of Directors,10 MWDOC is MET's third largest member agency and appoints four representatives to advocate the interests of Orange County on the Metropolitan Water District Board." OCWD The Orange County Water District was formed in 1933 by a special act of the California Legislature to protect Orange County's rights to water in the Santa Ana River. OCWD is governed by a 10-member Board of Directors, seven of whom are elected, and three are appointed by the city councils of Anaheim, Fullerton, and Santa Ana.12 Retail Water Districts Each retail water district was established throughout Orange County's history and provides water directly to consumers. They are each governed by an elected board of directors, respective city councils, or private investors. Local Agency Formation Commission (LAFCO) As part of California's water governance, LAFCO oversees geographic boundaries, evaluates cost-effective and efficient public service delivery, and explores potential alternatives to meet the service demands of the existing and future County population. Orange County LAFCO was founded in 1963 and strives to ensure the delivery of effective and efficient public services, including water, by local governments to the County's residents.13 Orange County water 9 www.mwdoc.com/about-mwdoc; www.mwdh2o.com/who-we-are/our-story/ 10 www.mwdoc/about-us/about-mwdoc 11 www.mwdoc.com com/wp-content/uploads/2017/06/So-Cal-Water-Wholesale-Retailers.pdf 12 www.ocwd.com/about/ 13 www.oclafco.org/about-us/agency/ 2021-2022 Orange County Grand Jury Page 11 City Council 8 — 13 9/20/2022 Water in Orange County Needs "One Voice" professionals believe the process of creating one wholesale water agency would first go through LAFCO formation before moving on to State legislation and approval. Services Provided by Wholesalers & Retailers The following water services are currently in operation for Orange County. MET • Delivering wholesale water supplies from the Colorado River and State Water Project. • Managing water resources including water storage programs (groundwater banking and reservoir), transfers and exchanges, groundwater recovery, recycling, stormwater capture, and potential seawater desalination. • Operating water system including treatment, quality monitoring, conveyance, distribution, and support. • Engineering, safety, and regulatory services such as infrastructure protection, maintenance, and improvement programs. • Managing energy operations. • Planning for emergency water supply interruption due to earthquake, fire, power failure, public health, and other unexpected crises. • Planning for capital investment. MWDOC • Purchases wholesale water from MET, approximately 70.2 billion gallons of water annually, and delivers to its 27 member agencies. • Provides studies, analysis and programs related to water supply development, including desalination, and system reliability and use efficiency. • Offers planning assistance and local resource development in areas of water recycling, groundwater recharge, and conservation. • Offers residential and commercial rebate programs. • Offers leak detection services to its members. • Develops and administrates disaster preparedness, response, and recovery strategies through the Water Emergency Response Organization of Orange County (WEROC). This organization involves both water and wastewater agencies. • Provides public education and community outreach. OCWD • Manages Orange County's wholesale groundwater supplies: the basin consisting of a large underground aquifer to ensure a reliable supply, the Santa Ana River watershed, and the Groundwater Replenishment System (GWRS). 2021-2022 Orange County Grand Jury Page 12 City Council 8 — 14 9/20/2022 Water in Orange County Needs "One Voice" • Replaces groundwater that is pumped out of the basin every year with Santa Ana River watershed, recycled, imported, storm and natural incidental water recharge. • Ensures groundwater supply safety and quality through monitoring and testing. • Recycles water primarily through the GWRS which takes treated wastewater that otherwise would be sent to the Pacific Ocean and purifies it for aquifer recharge. • Participates in legislative and community engagement and education. • Develops additional innovative programs such as Forecast Informed Reservoir Operations (FIRO) at Prado Dam, capturing and recharging stormwater in the Santa Ana River, and anticipating and optimizing stormwater runoff. • Coordinates contaminant treatment, financial resource needs, and policy such as for Per - and polyfluoroalkyl substances (PFAS) which enter the aquifer and wells primarily through the Santa Ana River flows. Additionally, organizes litigation and accountability for the contaminant sources. Retail Water Districts In addition to being the direct link to consumers, retail agencies provide several additional services beyond those provided by wholesalers. Those services include maintaining water quality and testing throughout their distribution systems, repair and replacement of critical infrastructure, regulatory compliance, customer service, water use conservation, recycled water for irrigation or other non -potable uses, and public outreach and health -related services. Where Do We Go from Here? Assessment of Current State Reliable sources shared opinions with the OCGJ that the current OC wholesale structure is "dysfunctional", "prevents speaking with one voice for all of Orange County water interests" involving the aquifer and imported water sources, and "currently provides redundant services with redundant costs." Also, multiple member agencies of MWDOC have expressed dissatisfaction with MWDOC's operating effectiveness related to MET board and legislative representation, member charges for provided services, and the scope of emergency preparedness.14 In addition, this dual structure of MWDOC and OCWD has resulted in missed opportunities for the County in the form of more extensive multiple agency collaboration, increased operating efficiency, decreased reliance on imported water, and the creation of a more reliable water 14 Information based on multiple interviews, past agreements between MWDOC and MWDOC member agencies, and LAFCO Municipal Service Reviews. 2021-2022 Orange County Grand Jury Page 13 City Council 8 — 15 9/20/2022 Water in Orange County Needs "One Voice" Supply.15 Currently, many projects are undertaken by individual or small groups of retail agencies that could be more expansive if guided by a single wholesale water supplier providing diverse water sources. Another missed opportunity is a lack of coordinated County analysis about the benefits and drawbacks related to potential desalination projects. Even though desalination projects potentially impact the water supply for all of Orange County, OCWD and MWDOC independently consider these desalination projects and their impact. Furthermore, many water experts believe that this fragmentation results in less than optimum legislative lobbying effectiveness. This affects programs such as water conservation, related water consumption standards such as State storage projects to capture more water supply during wet years, contamination treatment standards, and the Delta Conveyance System, which is a proposed more efficient and effective system to move water from Northern California to the central and southern part of the State. Benefits of a Single County Agency - "One Voice" The Orange County Grand Jury found that creation of a single County wholesale water agency to serve as a conduit for both imported and groundwater would be most effective in coordinating water supply diversification, major infrastructure investments, and developing forward -thinking policies and practices. This single agency would also help facilitate fiscal and environmental responsibility. Orange County water agencies have earned a tremendous reputation for innovative projects and strategies related to increasing a reliable water supply, even in drought conditions. How do we leverage what already is exemplary and collaborative in Orange Counter water operations? • Groundwater Replenishment System (GWRS) • Santa Ana River Conservation and Conjunctive Use program (SARCCUP)16 • Inter -county perspective with neighboring jurisdictions of the Inland Empire, San Diego, and Los Angeles Counties. • Purple water recycling for irrigation coming from treated waste and stormwater capture. • Burris Basin conversion to Anaheim Coves Trail (OCWD / City partnership).17 Water experts believe "One Voice" would result in increased influence on the MET Board. The OCJG concluded that having all types (groundwater and imported water) of wholesale water " Information based on multiple water professional interviews. 16 www.ieua.org/read-our-reports/santa-ana-river-conservation-and-conjunctive-use-program/ 17 http://www.santa-ana-river-trail.com/trail/burris_basin.asp 2021-2022 Orange County Grand Jury Page 14 City Council 8 — 16 9/20/2022 Water in Orange County Needs "One Voice" providers occupy "seats at the table" would be beneficial to Orange County as a whole and for MET. Additional benefits of a one wholesale water entity include: • Increased coordination of financial support and capital resources from local, State, and federal sources. An example is in the funding for well contamination remediation utilizing an ionization process. • More influence at the local, State, and federal levels. Examples include the Delta Conveyance 18 system, additional storage capacity, and preservation of imported supplies from the State Water Project. • Increased collaboration leading to additional infrastructure shared by wholesale and retail, both for emergency and longer -term everyday use, to move water around as needed. • Centralized planning for emergency water supply interruptions rather than independent efforts of wholesale and retail water organizations. • Increased coordination between North and South County for matters such as water banking in Central County for use in South County. • Cost savings by eliminating duplication of administrative, professional, consultant, lobbying and other expenses currently existing at OCWD and MWDOC. • Singular County leadership in forming conservation strategies, public outreach, and education. Concerns related to creating "One Voice" The Orange County Grand Jury recognizes that with any governance or business model change obstacles will exist to forming a consolidated or new wholesale water agency. Overall, proponents of this change are concerned that there is a lack of political will and that "protecting my own turf' philosophies will get in the way of doing the right thing for reliable water supply in the future. Some additional hesitation exists from some Orange County water board and management professionals that believe: • Imported versus groundwater requires specialized knowledge and a unique operational approach and should not be combined. • Staff reductions will occur. • Merging of retirement pension and benefit liabilities will be complicated and expensive. • Development of a new Board of Directors structure may cause a loss of representation of the unique water needs of different parts of the County. 18 www.mwdoc.com/wp-content/uploads/2020/06/Delta-Conveyance-Project-and-EcoRestore.pdf 2021-2022 Orange County Grand Jury Page 15 City Council 8 — 17 9/20/2022 Water in Orange County Needs "One Voice" • Consolidation of the existing two wholesale water districts, OCWD and MWDOC, or the forming of a new agency would be complicated. The process would likely begin through Orange County LAFCO before moving to State legislative level, both of which would be divisive and risk political influence and interference when revising local and State water acts. Despite these complications and challenges, the OCGJ concluded that the County will be better served by creating a "one voice" agency to lead and represent all aspects of wholesale water operations in Orange County. FINDINGS F1 A singular water authority for Orange County's wholesale water supply likely would result in further opportunities at the local, State, and federal levels in legislation, policy making and receiving subsidies and grants. F2 The current fragmented water system structure and operations provides challenges as it relates to development of new interconnected infrastructure as well as maintenance of existing systems. F3 There is a great disparity between the North/Central and South Orange County water sources, management, and operations carried out by OCWD and MWDOC. F4 South Orange County has many smaller retail water districts that lack a formal centralized leadership. Notwithstanding this lack of structure, South Orange County retail water districts have displayed effective collaboration when dealing with one another. F5 Orange County Water District is a recognized worldwide leader in groundwater resource management and reclamation. Its leadership, innovation, and expertise can be further utilized to serve all of Orange County in developing additional innovative and beneficial programs. F6 Orange County currently does not have a countywide coordinated policy regarding water conservation, which results in difficulty when complying with any new State -mandated conservation regulations. RECOMMENDATIONS R1 By January 2023, Orange County wholesale water agencies should formally begin analysis and collaboration towards forming a single wholesale water authority or comparable agency to operate and represent wholesale water operations and interests of all imported and ground water supplies. (F1, F2, 173, F4, 176) 2021-2022 Orange County Grand Jury Page 16 City Council 8 — 18 9/20/2022 Water in Orange County Needs "One Voice" R2 Any future "One Voice" consolidated Orange County wholesale water authority should have Directors that examine and vote on issues considering the unique needs of all water districts. (F1, F2, F3, F4, F6) COMMENDATIONS • Orange County Water District (OCWD) commitment to sound planning and state-of-the- art technology to provide water to the people of Orange County. Highly recognized, OCWD, along with Orange County Sanitation District, has the world's largest Groundwater Replenishment System (GWRS). • Municipal Water District of Orange County (MWDOC) for many provided services related to emergency planning, public education, water reliability and delivery reports, leak detection service, rebate and conservation programs and many other "choice" services. • All the current wholesale and retail water districts in Orange County for their efforts to collaborate and strategize to better serve Orange County Citizens despite the lack of a centralized administration. RESPONSES The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report: California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g. District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. 2021-2022 Orange County Grand Jury Page 17 City Council 8 — 19 9/20/2022 Water in Orange County Needs "One Voice" (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Responses Required Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required from: 90 Day Response Required F1 F2 F3 F4 F5 F6 OCWD Board of Directors X X X X X 90 Day Response Required R1 R2 OCWD Board of Directors X X 2021-2022 Orange County Grand Jury Page 18 City Council 8 — 20 9/20/2022 Water in Orange County Needs "One Voice" 90 Day Response Required F1 F2 F3 F4 F5 F6 MWDOC Board of Directors X X X X X X 90 Day Response Required RI R2 MWDOC Board of Directors X X Responses Requested 90 Day Response Requested F1 F2 F3 F4 F5 F6 East Orange County Water District X X X X X 90 Day Response Requested- RI R2 East Orange County Water District X X 90 Da Res onse Re uested F1 F2 F3 F4 F5 F6 El Toro Water District X X X X X 90 Da Res onse Requested RI R2 El Toro Water District X X 90 Day Response Requested F1 F2 F3 F4 F5 F6 Emerald Bay Service District X X X X X 90 Da Res onse Requested RI R2 Emerald Bay Service District X X 90 Day Response Requested F1 F2 F3 F4 F5 F6 Golden State Water Co X X X X X 90 Da Res onse Requested RI R2 Golden State Water Co X X 90 Day Response Requested F1 F2 F3 F4 F5 F6 Irvine Ranch Water District X X X X X X 90 Da Res onse Requested RI R2 Irvine Ranch Water District X X 2021-2022 Orange County Grand Jury Page 19 City Council 8 — 21 9/20/2022 Water in Orange County Needs "One Voice" 90 Day Response Requested F1 F2 F3 F4 F5 F6 Laguna Beach County Water District X X X X X IX fj 90 Day Response Requested Rl R2 Laguna Beach County Water District X X 90 Da Res onse Requested F1 F2 F3 F4 F5 F6 Mesa Water District X X X X X 90 Da Res onse Requested Rl R2 Mesa Water District X X 90 Day Response Requested F1 F2 F3 F4 F5 Moulton Niguel Water District X X X X X nx 90 Day Response Requested Rl R2 Moulton Niguel Water District X X 90 Day Response Requested F1 F2 F3 F4 F5 Santa Margarita Water District X X X X X ffX 90 Day Response Requested Rl R2 Santa Margarita Water District X X 90 Da Res onse Requested F1 F2 F3 F4 F5 F6 Serrano Water District X X X X X X 90 Da Res onse Requested Rl R2 Serrano Water District X X 90 Day Response Requested F1 F2 F3 F4 F5 F6 South Coast Water District X X X X X 90 Da Res onse Requested Rl R2 South Coast Water District X X 90 Day Response Requested F1 F2 F3 F4 F5 Trabuco Canyon Water District X X X X X nx 2021-2022 Orange County Grand Jury Page 20 City Council 8 — 22 9/20/2022 Water in Orange County Needs "One Voice" 90 Day Response Requested RI R2 Trabuco Canyon Water District X X 90 Da Res onse Requested F1 F2 F3 F4 F5 F6 Yorba Linda Water District X X X X X 90 Da Res onse Re uested RI R2 Yorba Linda Water District X X 90 Day Response Requested F1 F2 F3 F4 F5 F6 City of Anaheim X X X X X 90 Da Res onse Requested RI R2 City of Anaheim X X 90 Day Response Requested F1 F2 F3 F4 F5 F6 City of Fullerton X X X X X 90 Da Res onse Re uested RI R2 City of Fullerton X X 90 Day Response Requested F1 F2 F3 F4 F5 F6 City of Santa Ana X X X X X 90 Da Res onse Requested RI R2 City of Santa Ana X X 90 Day Response Requested F1 F2 F3 F4 F5 F6 City of Brea X X X X X 90 Da Res onse Requested Rl R2 City of Brea X X 90 Day Response Requested F1 F2 F3 F4 F5 F6 Metropolitan Water District X X X 90 Da Res onse Requested R1 R2 Metropolitan Water District X X 2021-2022 Orange County Grand Jury Page 21 City Council 8 — 23 9/20/2022 Water in Orange County Needs "One Voice" GLOSSARY AQUEDUCT A structure for transporting water from one place to another by means of a pipeline, canal, conduit, tunnel, or a combination of these things. AQUIFER A geologic formation of sand, rock and gravel through which water can pass and which can store, transmit and yield significant quantities of water to wells and springs. DELTA CONVEYANCE Refers to State Water Project (SWP) infrastructure in the vast SYSTEM network of waterways comprising the Sacramento -San Joaquin Delta (Delta) that collects and moves fresh, clean, and affordable water to homes, farms, and businesses throughout major regions of the State from the Bay Area to Southern California. FIRO Forecast Informed Reservoir Operations is a flexible water management approach that uses data from watershed monitoring and improved weather forecasting to help water managers selectively retain or release water from reservoirs for increased resilience to droughts and floods. GWRS Groundwater Replenishment System. A process where water is replaced in the aquifer. GREEN ACRES PROJECT OCWD's Green Acres Project (GAP) is a water reuse effort that provides recycled water for landscape irrigation at parks, schools, and golf courses; industrial uses, such as carpet dying; toilet flushing; and power generation cooling. GROUNDWATER BANKING A process of diverting surface water into an aquifer where it can be stored until needed JPA Joint Power Authority. two or more public agencies to join together, under a joint powers authority (JPA), to provide more effective or efficient government services or to solve a service delivery problem. 2021-2022 Orange County Grand Jury Page 22 City Council 8 — 24 9/20/2022 Water in Orange County Needs "One Voice" LAFCO Local Agency Formation Commission. Governed by State law, the Commission oversees proposed changes to local agency and county unincorporated boundaries and prepares special studies to encourage the orderly and efficient delivery of public services to Orange County residential and business communities. MET Metropolitan Water District, provides water from the Colorado River and the State Water Project from northern California to Southern California. MWDOC Municipal Water District of Orange County represents all of Orange County, excluding the three independent city members of MET, and acts as a pass -through agency for MET water sold to its constituent members and sells additional untreated water to OCWD for groundwater recharge. OCSAN Orange County Sanitation District treats and recycles sewer and grey water. OCWD Orange County Water District manages the groundwater basin of the north and central part of the County. ONE VOICE Orange County needs to have a central entity to speak for water and legislative matters. PAPER WATER Transfer water via paper, not physically. PFAS Per and polyfluoroalkyl substances chemical by product of past aerospace manufacturing in Orange County. PURPLE WATER Recycled water that has been treated for reuse in landscaping, agriculture, and commerce. SAR Santa Ana River. SARCCUP Santa Ana River Conservation and Conjunctive Use program. Guides the use and conservation of the Santa Ana River basin. SPECIAL DISTRICTS Special districts are public agencies created to provide one or more specific services to a community, such as water service, sewer service, and parks. 2021-2022 Orange County Grand Jury Page 23 City Council 8 — 25 9/20/2022 Water in Orange County Needs "One Voice" WATER TRANSFERS A water transfer is a voluntary sale of water proposed and initiated by willing sellers who have legal rights to a supply of water to an interested buyer. WEROC Water Emergency Response Organization of Orange County, administered through MWDOC, develops disaster preparedness, response, and recovery strategies. 2021-2022 Orange County Grand Jury Page 24 City Council 8 — 26 9/20/2022 MAYOR Vicente Sarmiento MAYOR PRO TEM Phil Bacerra COUNCILMEMBERS Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan September 20, 2022 CITY OF SANTA ANA CITY MANAGER'S OFFICE 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org The Honorable Judge Erick L. Larsh Presiding Judge of the Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 Dear Judge Larsh, CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Via E-mail and U.S. Mail The City of Santa Ana hereby submits its requested response to the findings and recommendations in the Orange County Grand Jury report, "Water in Orange County Needs `One Voice."' The City of Santa Ana (City) thanks the Orange County Grand Jury for the significant time and effort that was invested to thoroughly understand water supply management in the County, including engagement with the numerous water agencies about the complex water issues we face. We appreciate the Grand Jury's recommendations of possible solutions for increasing efficiency and we look forward to being part of the solution. The City of Santa Ana is the sole water purveyor for all of its 320,000-plus residents and the businesses it serves. The City is unique in that it is one of the three Orange County founding member agencies of Metropolitan Water District (MWD), a member of Orange County Water District (OCWD), and contracts with Municipal Water District of Orange County (MWDOC) for various conservation programs and regional services. Given our level of involvement with all three of these agencies, we are committed to doing what it takes to protect the reliability of our water supply and delivery system for the future. FINDINGS F1 - A singular water authority for Orange County's wholesale water supply would likely result in further opportunities at the local, state and federal levels in legislation, policy making, and receiving subsidies and grants. RESPONSE: Differ partially with this finding It is true that a single water authority representing the entire County of Orange would likely have greater influence in local, state, and federal legislative and policy making, which could result in more SANTA ANA CITY COUNCIL Vicente Sarmiento David Penaloza Mayor C} �yD r and 4 Ward 1 Ward 2 QQ % Ward 1 (1� Ward 6 vsarmientot7a santa-ana.ora CI ` bieE na.ora tohan(a)santa-ana.ora nmendozaaa -santa-an&ra 2 I lessielooelsanta-ana.ora irvanhernan 1422 doenalozana santa-ana.ora September 20, 2022 Honorable Erick Larsh, Presiding Judge Page 2 line -item budget "earmarks" and favorable policies for our water agencies. However, it is difficult to ascertain the level of increased effectiveness a single authority would have versus the current makeup and how that would ultimately serve the needs of the individual water agencies. As it relates to subsidies and grants, due to their competitive award processes, it is unclear if a consolidation of wholesalers would have any discernable effect on results. F2 — The current fragmented water system structure and operations provide challenges as they relate to development of new interconnected infrastructure, as well as maintenance of existing systems. RESPONSE: Concur with this Finding While there are challenges to interconnection, it is not impossible. For the City of Santa Ana, the current system continues to work, even if it is not perfect. F3 — There is a great disparity between the North/Central and South Orange County water sources, management, and operations carried out by OCWD and MWDOC. RESPONSE: Concur with this Finding There are significant differences in the way water is managed in North/Central and South Orange County, which is largely due to the natural water resources available in each of these areas. As a result, the regions have invested in and developed their unique water resources, management, and operations in diverse, yet effective ways. F5 — Orange County Water District is a recognized worldwide leader in groundwater resource management and reclamation. Its leadership, innovation, and expertise can be further utilized to serve all of Orange County in developing additional innovative and beneficial programs. RESPONSE: Concur with this Finding OCWD has a proven track record of managing and protecting the Orange County groundwater basin, which has been instrumental in reducing our dependence on more expensive and less reliable imported water. Additionally, OCWD is at the forefront of PFAS treatment technology and has fully funded cleanup facilities. OCWD pays for critical infrastructure and has brokered water storage and stewardship programs. F6 — Orange County currently does not have a countywide -coordinated policy regarding water conservation, which results in difficulty when complying with any new state -mandated conservation regulations. RESPONSE: Concur with this Finding It is the purview of each water agency to develop water conservation policies that meet the needs of their communities and comply with state -mandated regulations. Santa Ana has learned from past SANTA ANA CITY COUNCIL Vicente Sarmiento Phil Bacerra Thai Viet Phan Nelida Mendoza Jessie Lopez Johnathan Ryan Hernandez David Penaloza Mayor)reWard 6 vsarmiento;santa-ana.om Cit r - na.or tohanra)santa-ana.ora nmendoza(a.santa-anmv �]&ssielopez(a.santa-ana.ora irvanhernandei(69antalmmom i doenaloza(.santa-ana.ora September 20, 2022 Honorable Erick Larsh, Presiding Judge Page 3 drought emergencies that a cooperative, coordinated, and uniform regional approach to conservation reduces confusion amongst the public and results in the best outcome. RECOMMENDATIONS RI — By January 2023, Orange County wholesale water agencies should formally begin analysis and collaboration towards forming a single wholesale water authority or comparable agency to operate and represent wholesale water operations and interests of all imported and ground water supplies. (Fl, F2, F3, F4, F6) RESPONSE: The recommendation has been implemented Orange County Water District and Municipal Water District of Orange County have formed an ad - hoc committee comprised of three board members from each agency to collaborate on options to be more effective and comprehensive in their individual agency efforts. The City has no direct involvement in these efforts, but we encourage productive and positive dialogue and outcomes. R2 — Any future "One Voice" consolidated Orange County wholesale water authority should have Directors that examine and vote on issues considering the unique needs of all water districts. (F1, F2, F3, F4, F6) RESPONSE: The recommendation requires further analysis The City agrees in principle that if a consolidated Orange County wholesale water authority were to exist, the voting body would have to be made up of members who vote on issues for the benefit of all water agencies in the County and take their unique needs into consideration. It would be necessary to recognize the investments that those communities have made to manage their water supplies, and act to protect those investments. Creating this proposed authority would require a transparent, collaborative process to ensure the community's resources are adequately protected and its needs are fairly represented. The City of Santa Ana thanks you for the opportunity to weigh in on this important matter. We believe it is a practice of good governance to periodically review, reflect on, and evaluate how we conduct business and best serve our community. As such, we welcome additional studies that evaluate the details of a proposed consolidation. We would like to see information and analysis on how such a shift would affect representation on both the MWD and OCWD Boards. As it is now, Santa Ana has one seat at the MWD Board and one seat on the OCWD Board. Additional clarity is needed on the local and regional impacts, including policy making capabilities, of a single county wholesaler. A One Water philosophy is always ideal, particularly with more frequent and severe droughts, conservation mandates, and environmental limitations, but we wonder, how will these challenges be addressed? SANTA ANA CITY COUNCIL Vicente Sarmiento Phil Bacerra Thai Viet Phan Nelida Mendoza Jessie Lopez Johnathan Ryan Hernandez David Penaloza Mayor Ward 6 vsarmiento;santa-ana.om Cit r - na.or tohanra)santa-ana.ora nmendoza(a.santa-anmv 92ssielopez(a.santa-ana.ora irvanhernande=(69antalmmy. m i doenaloza(asanta-ana.org September 20, 2022 Honorable Erick Larsh, Presiding Judge Page 4 The City of Santa Ana looks forward to continued collaboration on this issue and discovering answers that will be satisfactory to all. Sincerely, Kristine Ridge City Manager Attachments: Staff report dated September 20, 2022 and related exhibits SANTA ANA CITY COUNCIL Vicente Sarmiento Phil Bacerra Thai Viet Phan Nelida Mendoza Jessie Lopez Johnathan Ryan Hernandez David Penaloza Mayor)reWard 6 vsarmiento;santa-ana.om Cit r - na.or tohanra)santa-ana.ora nmendoza(a.santa-anmv 3/lessielopez(a.santa-ana.ora irvanhernande=(69antalmmy. m i doenaloza(.santa-ana.ora Finance and Management Services www.santa-ana.org/finance Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Carryover of Unspent Amounts from Fiscal Year 2021-22 to Fiscal Year 2022-23 AGENDA TITLE: Approve Appropriation Adjustment to Carryover Unspent Amounts From Fiscal Year 2021-22 to Fiscal Year 2022-23 RECOMMENDED ACTION 1. Approve an Appropriation Adjustment to reduce the FY 2021-22 budget for unspent amounts to be carried over to FY 2022-23. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY 2022-23 budget for amounts carried forward from FY 2021-22. (Requires five affirmative votes) DISCUSSION Carryover Unspent Budgets from FY 2021-22 It is common for a City to budget for non -recurring (one-time) expenditures, such as construction projects, which are not completed by the close of the fiscal year on June 30. When this happens, the City Council may approve the "carryover" of the unspent budget from one fiscal year to the next to provide resources for project completion. Staff typically does not request carryover for recurring operating budget amounts unless projects have not begun, with initial maintenance/operating costs, as each annual budget already includes provisions for operational expenses. The City Council adopts a budget one year at a time and the City's Charter requires City Council approval for appropriation adjustments. Increasing the current year's budget for unspent amounts carried over from the prior year constitutes an appropriation adjustment. Staff has compiled a list of carryover requests (Exhibit 1) such as multi -year capital/grant projects, delayed purchases impacted by global supply chain disruptions, improvements to City -owned fire stations, and one-time projects approved during the First Quarter and Mid -Year that are either in progress or will begin in FY 2022-23. In addition, the Police Department has General Fund savings to provide for one-time items that have been requested for several budget cycles and are desperately needed, such as the replacement of the PAAL Center A/C unit, fire system upgrade, and replacement of security gates for the Police Administration and Jail facility. The General Fund comprises City Council 9-1 9/20/2022 Approve appropriation adjustment to carryover unspent amounts from Fiscal year 2021-22 to fiscal year 2022-23. September 20, 2022 Page 2 $22.9 million of the total $418.9 million in carryover requests, and the remainder is restricted funds. The list includes the accounting unit, project description, status, and amount. All requests were reviewed with City departments and analyzed to ensure the unspent budget is available at the accounting unit and fund levels and the allocation is non -recurring. Each amount on the list includes the amount available one month after the end of FY 2021-22. Staff continues to pay FY 2021-22 invoices through the end of August and complete the reconciliation of accounts in October. The FY 2021-22 ledger will not be final and closed until the financial statements have been audited in November. Therefore, the requested carryovers are "maximum" amounts. The actual amounts processed for carryover will be limited to the available budget once the FY 2021-22 ledger is closed and is summarized by the fund (Exhibit 2). Staff will update FY 2022-23 revenue estimates for reimbursement grants tied to carryover amounts (i.e., CDBG) to reflect reimbursement timing. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT No fiscal impact is associated with the recommended actions to carry over unspent appropriations. The previously authorized expenditures will be spent in a later period, which only impacts the timing of cash flow. EXHIBIT 1. List of requests to carryover unspent appropriations 2. List of requests to carryover unspent appropriations by fund Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Kristine Ridge, City Manager City Council 9-2 9/20/2022 List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 EXHIBIT 1 General Fund (Fund 11) Project Carry Forward Accounting Unit Department Activity # Fund Description Project Description Project Status Up To Amount 01103010 City Manager N/A GENERAL FUND 8th Floor Office Reconfiguration/Expansion Project started but not completed 200,000 01103010 City Manager N/A GENERAL FUND 8th Floor Office Reconfiguration/Expansion Project started but not completed 90,000 01104012 Clerk of the Council N/A GENERAL FUND 8th Floor Office Reconfiguration/Expansion Project started but not completed 100,000 01108032 City Attorney N/A GENERAL FUND Furniture Purchase Project started but not completed 25,000 01110017 Finance N/A GENERAL FUND Utility Users Tax/InfoSend/Prope rty Tax Contracts Project started but not completed 208,000 01110110 Finance 221401 GENERAL FUND 3rd Floor Remodel Project started but not completed 780,200 01110120 Finance N/A GENERAL FUND Furniture Replacement for Central Svc Basement Reno Project started but not completed 20,000 01110130 Finance N/A GENERAL FUND Dog License Software Project started but not completed 100,000 01110130 Finance N/A GENERAL FUND Upgrade of software/hardware for PCI Compliance Project started but not completed 20,000 01111017 Library N/A GENERAL FUND Jerome Park - Interactive Water Exhibits Project started but not completed 199,600 01111017 Library N/A GENERAL FUND New Book Mobile Project started but not completed 400,000 01111017 Library N/A GENERAL FUND Delhi Community Center - Library Branchlette Project started but not completed 150,000 Community Outreach - La Cultura Magazine, Teen Time 01111017 Library 221600 GENERAL FUND Programming Project started but not completed 43,500 01111110 Library 211501 GENERAL FUND CHEVROLET EXPRESS PASSENGER VAN Encumbrance Carry Forward 119,400 01111190 Library N/A GENERAL FUND Library Circulation Equipment Project started but not completed 19,200 01113017 Parks & Recreation Various GENERAL FUND 2nd Floor City Hall Renovation Being bid out and currently pending award 950,000 01113220 Parks & Recreation N/A GENERAL FUND Zoo Ticketing System Project started but not completed 139,200 01113220 Parks & Recreation Various GENERAL FUND Zoo Walkway Project In Design Phase 519,000 01113230 Parks & Recreation 102010 GENERAL FUND LIGHT UTILITY ELECTRIC CART Encumbrance Carry Forward 27,200 01113230 Parks & Recreation 102010 GENERAL FUND EZ-GO GOLF CART Encumbrance Carry Forward 81,600 01113250 Parks & Recreation 202100 GENERAL FUND FORD RANGER XL SUPERCREW Encumbrance Carry Forward 71,200 01113250 Parks & Recreation 202100 GENERAL FUND FORD F-550 STAKEBED TRUCK Encumbrance Carry Forward 211,300 01113250 Parks & Recreation 202100 GENERAL FUND CHEVROLET EXPRESS PLUMBERS VAN Encumbrance Carry Forward 91,900 01113250 Parks & Recreation 202100 GENERAL FUND FORD F550 ALTEC AT37M BOOM TRUCK Encumbrance Carry Forward 232,600 01113250 Parks & Recreation 202200 GENERAL FUND AIR CONDITIONING UNIT Encumbrance Carry Forward 65,500 01113250 Parks & Recreation N/A GENERAL FUND Lawn Bowling Clubhouse Wood Deck Project started but not completed 40,000 01114425 Police Department N/A GENERAL FUND Computer & Printer Replacements Project started but not completed 200,000 01114405 Police Department N/A GENERAL FUND Vehicles for Parking Control Project started but not completed 300,000 01114403 Police Department N/A GENERAL FUND Replacement of Security Gates Project started but not completed 250,000 01114450 Police Department N/A GENERAL FUND Furniture Replacement Project started but not completed 200,000 01114403 Police Department N/A GENERAL FUND Building Access Keycard System Upgrade Project started but not completed 1,000,000 01114403 Police Department N/A GENERAL FUND Replacement of Uninterruptable Power Supply (UPS) Project started but not completed 100,000 01114403 Police Department N/A GENERAL FUND Replacement of PAAL Center A/C Project started but not completed 119,000 01114425 Police Department N/A GENERAL FUND Copier Replacements Project started but not completed 130,000 01114425 Police Department N/A GENERAL FUND Computer & Printer Replacements Project started but not completed 81,000 01114403 Police Department N/A GENERAL FUND Replacement of PAAL Center A/C Project started but not completed 151,000 01114403 Police Department N/A GENERAL FUND Replacement of PAAL Center A/C Project started but not completed 30,000 01114403 Police Department N/A GENERAL FUND Fire System Upgrade Project started but not completed 230,000 01114403 Police Department N/A GENERAL FUND Fire System Upgrade Project started but not completed 500,000 01115330 Fire -Fire Stations N/A GENERAL FUND Fire Stations - Removal of underground storage tanks Project started but not completed 1,050,000 01116500 Planning & Building N/A GENERAL FUND ENVELOPE PRINTER Encumbrance Carry Forward 8,600 01116500 Planning & Building N/A GENERAL FUND Replacement of 2nd Floor Conference Room Chairs Project started but not completed 14,000 01116500 Planning & Building N/A GENERAL FUND 2nd Floor Work Stations Project started but not completed 13,000 01116500 Planning & Building N/A GENERAL FUND 2nd Floor Work Stations Project started but not completed 5,000 01116500 Planning & Building N/A GENERAL FUND 2nd Floor Kitchen/ Mail Room Remodel Project started but not completed 40,000 01116520 Planning & Building N/A GENERAL FUND Contingency for vehicle purchase Encumbrance Carry Forward 5,000 01116520 Planning & Building N/A GENERAL FUND FORD RANGER XL Encumbrance Carry Forward 31,100 01116520 Planning & Building N/A GENERAL FUND Records Management - Digitizing Records Project started but not completed 140,000 &nbsp; City Council &nbsp;9 &ndash;&nbsp;3 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Project Accounting Unit Department Activity # Fund Description 01116530 Planning & Building N/A GENERAL FUND 01116530 Planning & Building N/A GENERAL FUND 01116540 Planning & Building N/A GENERAL FUND 01117017 Public Works N/A GENERAL FUND 01117017 Public Works N/A GENERAL FUND 01117017 Public Works N/A GENERAL FUND 01117017 Public Works 221309 GENERAL FUND 01117017 Public Works 226910 GENERAL FUND 01117620 Public Works 226018 GENERAL FUND 01117621 Public Works N/A GENERAL FUND 01117621 Public Works N/A GENERAL FUND 01117621 Public Works 216014 GENERAL FUND 01117625 Public Works N/A GENERAL FUND 01117630 Public Works N/A GENERAL FUND 01117630 Public Works 226017 GENERAL FUND 01117642 Public Works N/A GENERAL FUND 01117650 Public Works N/A GENERAL FUND 01117650 Public Works 226024 GENERAL FUND 01117651 Public Works Various GENERAL FUND 01118810 Community Development N/A GENERAL FUND 01118810 Community Development N/A GENERAL FUND 01110XXX Finance N/A GENERAL FUND 01110XXX Finance N/A GENERAL FUND Project Description Replacement of 1st Floor - Conference Room Chairs Land Management System CHEVY COLORADO TRUCK MINI STREET SWEEPER AIR CONDITIONING UNIT #1 Contingency for air conditioning unit CYPRESS FIRE STATION ALLEY IMPRV PROGRAM FY 21/22 Flower St & 3rd St Trffc Sfty 32 GAL STEEL STRAP CONTNR 6' STEEL STRAP BUS BENCH SOUTH MAIN ST BUS SHELTER IMPR Street Signs for Public Right -of -Way CHEVROLET 250OHD TRUCK Saddleback Street Light Pro Equipment for Graffiti Abatement - After Hours Services REPLACE 160 TON CARRIER CHILLER SARTC DEFERRED MAINTENANCE Various Park Improvements Projects South Main Restaurant Incubation, Memorial for Lives Lost to COVID-19, and Pilot Graffiti Arts Program DTSA Business Assistance Merchant Processing for cashiering system upgrade Additional 3rd Floor Office Remodel Project Status Carry Forward Up To Amount Project started but not completed 5,600 Project started but not completed 220,000 Encumbrance Carry Forward 20,000 Encumbrance Carry Forward 150,000 Encumbrance Carry Forward 457,700 Encumbrance Carry Forward 42,300 Project underway - Carry Forward 1,000,000 Project underway - Carry Forward 750,000 Project started but not completed 500,000 Encumbrance Carry Forward 184,000 Encumbrance Carry Forward 185,600 Project started but not completed 180,500 Project started but not completed 29,300 Encumbrance Carry Forward 67,400 Project started but not completed 750,000 Project started but not completed 109,800 Encumbrance Carry Forward 222,600 Project underway - Carry Forward 5,405,000 Under bid/ design 1,502,100 Project started but not completed 750,000 Project started but not completed 725,500 Project started but not completed 45,500 Project started but not completed 50,000 Subtotal for General Fund (Fund 11) 22,855,000 American Rescue Plan Act (ARPA) Project Carry Forward Accounting Unit Department Activity # Fund Description Project Description Project Status Up To Amount 18103013 City Manager 221304 AMERICAN RESCUE PLAN ACT(ARPA) FEASBILITY STUDY PUBLIC HEALTH Encumbrance Carry Forward 81,000 18103013 City Manager 221306 AMERICAN RESCUE PLAN ACT(ARPA) DIGITAL COMMUNITY KIOSKS Encumbrance Carry Forward 26,300 18103013 City Manager 221306 AMERICAN RESCUE PLAN ACT(ARPA) LIGHTWEIGHT FOLDING HEADPHONES Encumbrance Carry Forward 2,300 18103013 City Manager 221322 AMERICAN RESCUE PLAN ACT(ARPA) EMERGENCY RENTAL ASSIST ADMIN Encumbrance Carry Forward 36,500 18103013 City Manager 221322 AMERICAN RESCUE PLAN ACT(ARPA) REVIVE FOOD DISTRIBUTION Encumbrance Carry Forward 190,800 18103013 City Manager 221306 AMERICAN RESCUE PLAN ACT(ARPA) STADIUM MARQUEE REPLACEMENT Encumbrance Carry Forward 166,500 18103013 City Manager Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - CMO For FY21-22 grant agreement and will be spent by 12/31/24 3,100,100 18108013 City Attorney Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - CAO For FY21-22 grant agreement and will be spent by 12/31/24 489,100 18109013 Human Resources Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - HR For FY21-22 grant agreement and will be spent by 12/31/24 23,900 18110013 Finance 221362 AMERICAN RESCUE PLAN ACT(ARPA) Accounting & Compliance Encumbrance Carry Forward 142,400 18110013 Finance Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - FMSA Encumbrance Carry Forward 260,400 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) CANON EOS 90D DSLR CAMERA Encumbrance Carry Forward 3,700 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) VARIOUS KITS Encumbrance Carry Forward 3,400 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) DIGILAB 3D PRINTER Encumbrance Carry Forward 4,200 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) AC POWER ADAPTER Encumbrance Carry Forward 400 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) MOXIE APP SUBSCRIPTION Encumbrance Carry Forward 12,400 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) OPTIMA PROJECTOR Encumbrance Carry Forward 600 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) LICENSE SOFTWARE Encumbrance Carry Forward 4,500 18111013 Library 221325 AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - LIBRARY OF THINGS Encumbrance Carry Forward 900 18111013 Library Various AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - Library Project started but not completed 8,554,300 18113013 Parks & Recreation 221343 AMERICAN RESCUE PLAN ACT(ARPA) Ice Rink Encumbrance Carry Forward 30,400 &nbsp; City Council &nbsp;9 &ndash;&nbsp;4 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Project Carry Forward Accounting Unit Department Activity # Fund Description Project Description Project Status Up To Amount 18113013 Parks & Recreation 221343 AMERICAN RESCUE PLAN ACT(ARPA) GENERATOR Encumbrance Carry Forward 6,800 18113013 Parks & Recreation Various AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - PRCSA Project started but not completed 12,302,200 18114013 Police Department 221327 AMERICAN RESCUE PLAN ACT(ARPA) BATTING CAGE FENCING Encumbrance Carry Forward 22,100 18114013 Police Department 221327 AMERICAN RESCUE PLAN ACT(ARPA) VARIOUS ITEMS FOR SOFTBALL Encumbrance Carry Forward 10,400 18114013 Police Department 221327 AMERICAN RESCUE PLAN ACT(ARPA) BATTING CAGE NET INSTALLATION Encumbrance Carry Forward 1,600 18114013 Police Department 221327 AMERICAN RESCUE PLAN ACT(ARPA) SYNTHETIC TURF INSTALLATION Encumbrance Carry Forward 41,500 18114013 Police Department 221327 AMERICAN RESCUE PLAN ACT(ARPA) CHEVROLET EXPRESS PASSENGER VAN Encumbrance Carry Forward 79,600 18114013 Police Department Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - PD Encumbrance Carry Forward 588,700 18116013 Planning & Building Multiple AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - PBA Encumbrance Carry Forward 443,200 18117013 Public Works 221309 AMERICAN RESCUE PLAN ACT(ARPA) Sanitization/Prev-Right of Way Project underway - Carry Forward 1,912,500 18117013 Public Works 221307 AMERICAN RESCUE PLAN ACT(ARPA) COVID-19 Sanitization Project Encumbrances - carryforward 600 18117013 Public Works 221341 AMERICAN RESCUE PLAN ACT(ARPA) First St Slope Stabilization Project to be rebid in September 2022. Construction not started. Carryforward 2,987,400 18117013 Public Works 221383 AMERICAN RESCUE PLAN ACT(ARPA) Pedestrian & Mobility Improvem Under design, carryforward 2,978,200 18117013 Public Works 221387 AMERICAN RESCUE PLAN ACT(ARPA) Neighborhood Safety Streetlights Under design, carryforward 1,000,000 Contractor issued Notice To Proceed in August 2022. Construction to start in 18117013 Public Works 221390 AMERICAN RESCUE PLAN ACT(ARPA) Channel Fencing Upgrades Ph II September 2022. 892,700 18117013 Public Works 221358 AMERICAN RESCUE PLAN ACT(ARPA) Public Health Plaza/Wellness P Project underway - Carry Forward 3,805,500 18118013 Community Development 221370 AMERICAN RESCUE PLAN ACT(ARPA) Parking Structure improvement/safety Encumbrance Carry Forward 53,500 18118013 Community Development 221328 AMERICAN RESCUE PLAN ACT(ARPA) RentStabiliz/JustCauseEviction Encumbrance Carry Forward 43,100 18118013 Community Development 221347 AMERICAN RESCUE PLAN ACT(ARPA) Rapid Response Homeless Servic Encumbrance Carry Forward 230,500 18118013 Community Development Various AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - CDA Project started but not completed 4,393,300 18120013 Information Technology 221385 AMERICAN RESCUE PLAN ACT(ARPA) Information Technology & Process Upgrades Encumbrance Carry Forward 37,600 18120013 Information Technology Various AMERICAN RESCUE PLAN ACT(ARPA) American Rescue Plan Act (ARPA) - IT Project started but not completed 5,339,700 Subtotal for American Rescue Plan Act (ARPA) 50,304,800 Construction Projects Project Carry Forward Accounting Unit Department Activity # Fund Description Project Description Project Status Up To Amount 01211020 Library 221801 CANNABIS PUBLIC BENEFIT FUND Library Book Mobile Programming Materials/Supplies Project started but not completed 22,900 01211020 Library 221801 CANNABIS PUBLIC BENEFIT FUND Library Youth Services Tutoring/Programming/Youth Events Project started but not completed 175,600 01211020 Library 221801 CANNABIS PUBLIC BENEFIT FUND Library Hotspots Supplies Project started but not completed 7,300 01211020 Library 221801 CANNABIS PUBLIC BENEFIT FUND Library Digital Content Subscriptions Project started but not completed 1,900 01211020 Library 221800 CANNABIS PUBLIC BENEFIT FUND Newhope Library Renovation Project Project started but not completed 1,258,400 01213020 Parks & Recreation 182681 CANNABIS PUBLIC BENEFIT FUND CENTENNIAL LAKE RENOVATION Going out to Bid 2,500,000 01213020 Parks & Recreation 202501 CANNABIS PUBLIC BENEFIT FUND SA ZOO SPLASH PAD In Design Phase 117,700 01213020 Parks & Recreation 202502 CANNABIS PUBLIC BENEFIT FUND MEMORIAL SPLASH PAD In Design Phase 117,700 01213020 Parks & Recreation 202503 CANNABIS PUBLIC BENEFIT FUND C CHAVEZ SPLASH PAD In Design Phase 1,280,500 01213020 Parks & Recreation 202504 CANNABIS PUBLIC BENEFIT FUND THORNTON SPLASH PAD In Design Phase 1,382,700 01213020 Parks & Recreation 202505 CANNABIS PUBLIC BENEFIT FUND EL SALVADOR SPLASH PAD In Design Phase 1,382,700 01213020 Parks & Recreation 202506 CANNABIS PUBLIC BENEFIT FUND MADISON SPLASH PAD In Design Phase 1,382,700 01213020 Parks & Recreation 202730 CANNABIS PUBLIC BENEFIT FUND RAITT & MYRTLE NEW PARK Under Construction 82,100 01213020 Parks & Recreation 202736 CANNABIS PUBLIC BENEFIT FUND DELHI FITNESS COURT 95% Complete 2,100 01213020 Parks & Recreation 202737 CANNABIS PUBLIC BENEFIT FUND ROSITA FITNESS COURT 95% Complete 2,100 01213020 Parks & Recreation 202739 CANNABIS PUBLIC BENEFIT FUND JEROME FITNESS COURT 95% Complete 2,100 01213020 Parks & Recreation 202751 CANNABIS PUBLIC BENEFIT FUND YOUTH PROGRAMS & SERVICES Pending Close Out 12,100 01213020 Parks & Recreation 212500 CANNABIS PUBLIC BENEFIT FUND CANNABIS FUNDING FY 20-21 Pending Close Out 41600 01213020 Parks & Recreation 212501 CANNABIS PUBLIC BENEFIT FUND ZOO MOBILE Awaiting Delivery 5,100 01213020 Parks & Recreation 212742 CANNABIS PUBLIC BENEFIT FUND LIBRARY PLAYGROUND 95% Complete 102,700 01213020 Parks & Recreation 212743 CANNABIS PUBLIC BENEFIT FUND CABRILLO FITNESS CRT 95% Complete 7,100 01213020 Parks & Recreation 212744 CANNABIS PUBLIC BENEFIT FUND ZOO GOAT ENCOUNTERS Pending Contract Award 389,800 &nbsp; City Council &nbsp;9 &ndash;&nbsp;5 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Accounting Unit Department Project Activity # Fund Description Project Description Project Status Carry Forward Up To Amount 01213020 Parks & Recreation 212745 CANNABIS PUBLIC BENEFIT FUND SANTA ANITA PHASE II Under Construction 1,509,700 01213020 Parks & Recreation 212746 CANNABIS PUBLIC BENEFIT FUND THORNTON FITNESS CRT 95%Complete 2,000 01213020 Parks & Recreation 212747 CANNABIS PUBLIC BENEFIT FUND HERITAGE FITNESS CRT 95%Complete 1,500 01213020 Parks & Recreation 212748 CANNABIS PUBLIC BENEFIT FUND LILLIE KING FITNESS CRT 95%Complete 1,800 01213020 Parks & Recreation 212749 CANNABIS PUBLIC BENEFIT FUND EL SALVADOR FIT CRT 95% Complete 2,100 01213020 Parks & Recreation 222500 CANNABIS PUBLIC BENEFIT FUND CANNABIS FUND FY 2022 Pending Close Out 731,900 01213020 Parks & Recreation 222502 CANNABIS PUBLIC BENEFIT FUND MOVIES IN THE PARK Project started but not completed 500,000 01213020 Parks & Recreation 222754 CANNABIS PUBLIC BENEFIT FUND CAP OUTLAY DYSC FIELD LIGHTS In Design Phase 500,000 01213020 Parks & Recreation 222756 CANNABIS PUBLIC BENEFIT FUND THORNTON PK LIGHTING In Design Phase 260,000 01213020 Parks & Recreation 222761 CANNABIS PUBLIC BENEFIT FUND CENTENNIAL FITNESS COURT Under Construction 31,800 01213020 Parks & Recreation 222762 CANNABIS PUBLIC BENEFIT FUND PORTOLA FITNESS COURT Under Construction 31,800 01213020 Parks & Recreation 222765 CANNABIS PUBLIC BENEFIT FUND SANTIAGO NAT CTR RENO Pre -Design 1,000,000 01213020 Parks & Recreation 222766 CANNABIS PUBLIC BENEFIT FUND DYSC F1 SYNTH TURF/SPRT LIGHT In Design Phase 2,000,000 01213020 Parks & Recreation 222768 CANNABIS PUBLIC BENEFIT FUND JEROME FIELD IRRIGATION RENOVA Pre -Design 1,000,000 02213200 Parks & Recreation Various PRCSA FEES & DONATION Various Parks ongoing operations Project started but not completed 148,800 02213200 Parks & Recreation Various PRCSA FEES & DONATION Friends of the Santa Ana Zoo/Zoo Goat Trail/Memorial Lights Project started but not completed 800,000 02917660 Public Works 116741 SPECIAL GAS TAX Bristol Wdng-Wrnr/St Andrw IV Project underway - Carry Forward 800,000 02917660 Public Works 136792 SPECIAL GAS TAX BRISTOL WDNG:CC-WASHNGTON IIIA Project underway - Carry Forward 3,200,000 03217661 Public Works 206972 MEASURE M-STREET CONSTRUCTION SR-55 WIDENING PROJ FY 19/20 Construction from August 2022 until 2024. Carry forward 21,700 03217662 Public Works 126764 MEASURE M-STREET CONSTRUCTION ECP DWNTN BUS/CC STRMWTR TRASH Project Underway - Carry Forward 1,100 03217662 Public Works 126765 MEASURE M-STREET CONSTRUCTION ECP WNTERSBRG CHL AREA STRMWTR Project Underway - Carry Forward 1,700 03217662 Public Works 146802 MEASURE M-STREET CONSTRUCTION WARNER AVE WDNG:MAIN-OAK PH I Under construction until 2023. Carry forward 253,100 03217662 Public Works 166853 MEASURE M-STREET CONSTRUCTION BIKE LANE PROJECT DEV FYE 16 Pending project reconciliation 10,700 03217662 Public Works 176802 MEASURE M-STREET CONSTRUCTION LINCOLN PEDESTRIAN TRAIL Project Underway - Carry Forward 45,100 03217662 Public Works 176886 MEASURE M-STREET CONSTRUCTION SRTS ENHNC-SEPULVEDA ELEMNTARY Project Underway - Carry Forward 2,600 03217662 Public Works 176889 MEASURE M-STREET CONSTRUCTION FAIRVIEW TRAFFIC SIG SYNCH Project Complete, pending final in -kind match payment. Carry forward 56,700 03217662 Public Works 176892 MEASURE M-STREET CONSTRUCTION BIKE LANE PROJECT DEVELOPMENT Pending project reconciliation 29,000 03217662 Public Works 176894 MEASURE M-STREET CONSTRUCTION EUCLID ST & HAZARD AVE SIGL MO Pending project reconciliation 8,000 03217662 Public Works 176897 MEASURE M-STREET CONSTRUCTION FLOWER ST SAFETY ENHANCEMENTS Project Closing out - Carry Forward for reconciliation 5,200 03217662 Public Works 226901 MEASURE M-STREET CONSTRUCTION CITYWIDE SEWR TRENCH REPR PHII Completed, Construction, 100% complete, 30,000 03217662 Public Works 186897 MEASURE M-STREET CONSTRUCTION TRAFFIC MANAGEMENT PLANS 17/18 Pending project reconciliation 8,800 03217662 Public Works 186904 MEASURE M-STREET CONSTRUCTION BIKE LANE PROJECT DEV FYE 18 Pending project reconciliation 1,700 03217662 Public Works 186905 MEASURE M-STREET CONSTRUCTION TRAFFIC SAFETY DEV FY 17/18 Pending project reconciliation 38,500 03217662 Public Works 186907 MEASURE M-STREET CONSTRUCTION LOCAL ST PREVENT MAINT FY17/18 Project started but not completed 158,300 03217662 Public Works 186911 MEASURE M-STREET CONSTRUCTION MAIN ST REHAB: EDINGR TO FIRST Project started but not completed 145,300 03217662 Public Works 186912 MEASURE M-STREET CONSTRUCTION CITYWIDE BIKE RACK & SARTC Project started but not completed 122,800 03217662 Public Works 186913 MEASURE M-STREET CONSTRUCTION BEAR ST TRAFFIC SGNL SYNCH Construction complete, Operation & Monitoring Ongoing 10,000 03217662 Public Works 186918 MEASURE M-STREET CONSTRUCTION MAIN ST & 15TH ST TRAFFIC SIGN Under construction until 2023. Carry forward 70,500 03217662 Public Works 196897 MEASURE M-STREET CONSTRUCTION TRAFFIC MANAGEMENT PLANS 18/19 Encumbrance Carry Forward 600 03217662 Public Works 196904 MEASURE M-STREET CONSTRUCTION BIKE LANE PROJECT DEV FY 18/19 Pending project reconciliation 71100 03217662 Public Works 196910 MEASURE M-STREET CONSTRUCTION ALLEY IMPROVEMENTS FY 18/19 Coordinating design for project delivery. Carry forward. 150,000 03217662 Public Works 196923 MEASURE M-STREET CONSTRUCTION MCFADDEN REHB FAIRVIEW - RAITT In design. Construction planned for early 2023. Carry forward 1,004,600 03217662 Public Works 196949 MEASURE M-STREET CONSTRUCTION MAIN ST TRAFFIC SIG SYNCH Construction complete, Operation & Monitoring Ongoing 14,300 03217662 Public Works 196950 MEASURE M-STREET CONSTRUCTION GG BLVD/MEMORY TRFFC SIG SYNCH Construction complete, Operation & Monitoring Ongoing 15,000 03217662 Public Works 206897 MEASURE M-STREET CONSTRUCTION TRAFFIC MANAGEMENT PLANS 19/20 Pending project reconciliation 2,300 03217662 Public Works 206898 MEASURE M-STREET CONSTRUCTION PAVEMENT MANAGEMENT FY 19/20 Carry forward; transfer balance to Pavement Management FY 22/23 700 03217662 Public Works 206899 MEASURE M-STREET CONSTRUCTION PROJECT DEVELOPMENT FY 19/20 Carry forward; transfer balance to Project Development FY 22/23 7,800 03217662 Public Works 206905 MEASURE M-STREET CONSTRUCTION TRAFFIC SAFETY PRO DEV 19/20 Pending project reconciliation 10,900 03217662 Public Works 206907 MEASURE M-STREET CONSTRUCTION LOCAL ST PREVENT MAINT FY19/20 Project started but not completed 171,400 03217662 Public Works 206914 MEASURE M-STREET CONSTRUCTION TRAFFIC SGNL EQUIPMNT REP19/20 Project complete. Carryforward for final reconciliation 25,300 &nbsp; City Council &nbsp;9 &ndash;&nbsp;6 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Accounting Unit Department Project Activity # Fund Description Project Description Project Status Carry Forward Up To Amount 03217662 Public Works 206959 MEASURE M-STREET CONSTRUCTION MAIN SLURRY: MEMORY-NCL Project Underway - Carry Forward 385,900 03217662 Public Works 206960 MEASURE M-STREET CONSTRUCTION BEDFORD REHAB:MAIN PL-CITY LIM Project Underway - Carry Forward 40,000 03217662 Public Works 206967 MEASURE M-STREET CONSTRUCTION EDINGER AVE TRAFFIC SIG SYN Project started but not completed 100,000 03217662 Public Works 206968 MEASURE M-STREET CONSTRUCTION WARNER AVE TRFF SIG SYN Project started but not completed 100,000 03217662 Public Works 206969 MEASURE M-STREET CONSTRUCTION MacArthur Blvd TRFF SGL SYNC Project started but not completed 100,000 03217662 Public Works 206970 MEASURE M-STREET CONSTRUCTION OMNIBUS CONCRETE PR FY19/20 Project started but not completed 1,400 03217662 Public Works 206974 MEASURE M-STREET CONSTRUCTION JACKSON ELEM IMPROVE Project started but not completed 25,000 03217662 Public Works 216897 MEASURE M-STREET CONSTRUCTION TRAFFIC MANAGEMENT PLANS 20/21 Project started but not completed 43,000 03217662 Public Works 216898 MEASURE M-STREET CONSTRUCTION FY20/21 PAVEMENT MANAGEMENT Updating database. Carry forward 39,700 03217662 Public Works 216900 MEASURE M-STREET CONSTRUCTION RIGHT OF WAY MGMNT FY 20/21 Carryforward for additional expenditures in FY 22/23 61300 03217662 Public Works 216905 MEASURE M-STREET CONSTRUCTION TRAFFIC SAFETY PRO DEV 20/21 Project started but not completed 20,400 03217662 Public Works 216907 MEASURE M-STREET CONSTRUCTION FY20/21 LOC ST PREVENT MAINT In construction punch list. Carry forward 260,800 03217662 Public Works 216914 MEASURE M-STREET CONSTRUCTION TRAFFIC SGNL EQUIPMNT REP20/21 Project started but not completed 100,000 03217662 Public Works 216982 MEASURE M-STREET CONSTRUCTION Sgerstrom/Dyer TRFF SGL SYNC Project started but not completed 256,100 03217662 Public Works 216983 MEASURE M-STREET CONSTRUCTION TUSTIN AVE TRFF SGL SYNC Project started but not completed 94,800 03217662 Public Works 226910 MEASURE M-STREET CONSTRUCTION ALLEY IMPRV PROGRAM FY 21/22 In design. Construction planned for early 2023 146,000 03217662 Public Works 226898 MEASURE M-STREET CONSTRUCTION FY21/22 PAVEMENT MANAGEMENT Updating database. Carry forward 296,300 03217662 Public Works 226899 MEASURE M-STREET CONSTRUCTION PROJECT DEVELOPMENT FY 21/22 Carry forward; active project expenditures. 245,200 03217662 Public Works 226900 MEASURE M-STREET CONSTRUCTION RIGHT OF WAY MGMNT FY 21/22 Carry forward; transfer balance to Right of Way Management FY 22/23 35,300 03217662 Public Works 226907 MEASURE M-STREET CONSTRUCTION FY21/22 LOC ST PREVENT MAINT Under construction until 2023. Carry forward 2,881,300 03217662 Public Works 226992 MEASURE M-STREET CONSTRUCTION Citywide Speed Limit Study Project started but not completed 70,000 03217662 Public Works 226993 MEASURE M-STREET CONSTRUCTION FIRST ST CORR TRFF SYNCH Project started but not completed 380,000 03217662 Public Works 226914 MEASURE M-STREET CONSTRUCTION TRAFFIC SGNL EQUIPMNT REP21/22 Project started but not completed 100,000 03217662 Public Works 226994 MEASURE M-STREET CONSTRUCTION SAFE MOBILITY SA UPDATE Project started but not completed 33,000 03217662 Public Works 226904 MEASURE M-STREET CONSTRUCTION BIKE LANE PROJECT DEV FY 21/22 Project underway - Carry Forward 80,000 03217662 Public Works 226897 MEASURE M-STREET CONSTRUCTION TRAFFIC MANAGEMENT PLANS 21/22 Project underway - Carry Forward 50,000 03217662 Public Works 226905 MEASURE M-STREET CONSTRUCTION TRAFFIC SAFETY PRO DEV 21/22 Project underway - Carry Forward 50,000 03217663 Public Works 136792 MEASURE M-STREET CONSTRUCTION BRISTOL WDNG:CC-WASHNGTON IIIA Project started but not completed 3,263,600 03217663 Public Works 116741 MEASURE M-STREET CONSTRUCTION Bristol Wdng-Wrnr/St Andrw IV Project started but not completed 7,501,200 03217663 Public Works 146802 MEASURE M-STREET CONSTRUCTION WARNER AVE WDNG:MAIN-OAK PH I Under construction until 2023. Carry forward 3,699,100 03217663 Public Works 156827 MEASURE M-STREET CONSTRUCTION FAIRVIEW BRIDGE & STREET IMPRV In design. Construction planned for early 2023. Carry forward 4,738,200 03217663 Public Works 176883 MEASURE M-STREET CONSTRUCTION BRISTOL ST&MEMORY LN INTER WID In design. Construction planned for early 2023. Carry forward 1,800,300 03217663 Public Works 186901 MEASURE M-STREET CONSTRUCTION WARNER AVE IMPRV PH2-OAK-GRAND Construction planned for early 2023. Carry forward 14,428,600 03217663 Public Works 196425 MEASURE M-STREET CONSTRUCTION MABURY PARK STORMWATER CAPTURE Project Underway - Carry Forward 15,200 03217663 Public Works 226999 MEASURE M-STREET CONSTRUCTION Project W Bus Shelter Project Underway - Carry Forward 1,030,000 03217664 Public Works 176766 MEASURE M-STREET CONSTRUCTION OC STREETCAR Project underway - Carry Forward 1,076,400 03417660 Public Works 146802 NEW TRANSPO SYS IMPR AREA E WARNER AVE WDNG:MAIN-OAK PH I Project underway - Carry Forward 209,600 03417660 Public Works 186901 NEW TRANSPO SYS IMPR AREA E WARNER AVE IMPRV PH2-OAK-GRAND Project underway - Carry Forward 1,066,900 03417660 Public Works 206971 NEW TRANSPO SYS IMPR AREA E WARNER PROTECT BK LN:OAK-GRAND Project underway - Carry Forward 14,900 03517660 Public Works 136792 NEW TRANSPO SYS IMPR AREA F BRISTOL WDNG:CC-WASHNGTON IIIA Project underway - Carry Forward 388,100 03517660 Public Works 146802 NEW TRANSPO SYS IMPR AREA F WARNER AVE WDNG:MAIN-OAK PH I Project underway - Carry Forward 498,600 03517660 Public Works 156827 NEW TRANSPO SYS IMPR AREA F FAIRVIEW BRIDGE & STREET IMPRV Project underway - Carry Forward 11,100 03517660 Public Works 176883 NEW TRANSPO SYS IMPR AREA F BRISTOL ST&MEMORY LN INTER WID Project underway - Carry Forward 303,400 03517660 Public Works 186901 NEW TRANSPO SYS IMPR AREA F WARNER AVE IMPRV PH2-OAK-GRAND Project underway - Carry Forward 2,100 05105015 Non -Departmental 170151 CAPITAL OUTLAY FUND BUILDING IMPROVEMENTS Pending American with Disabilities Act upgrades 69,000 05113263 Parks & Recreation 152645 CAPITAL OUTLAY FUND SANTIAGO GAS HOUSE AREA IMPROV Construction Phase; 74% Complete; Est. completion 10/22 260,400 05113263 Parks & Recreation 152646 CAPITAL OUTLAY FUND CC STATE BUILDING AREA IMPROV 0% completion; Est. completion unknown 70,900 05113263 Parks & Recreation 202706 CAPITAL OUTLAY FUND ADAMS PK IRRIGATION RENOV Closeout Phase; 99% complete; 8/22 Est. completion 5,000 05113263 Parks & Recreation 202708 CAPITAL OUTLAY FUND ADAMS RESTROOM RENOVATION Closeout Phase; 99% complete; 8/22 Est. completion 18,300 05113263 Parks & Recreation 202709 CAPITAL OUTLAY FUND ADAMS PK SIGN&SITE FURISHINGS 0% completion; 6/23 Est. completion 100,000 &nbsp; City Council &nbsp;9 &ndash;&nbsp;7 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Accounting Unit Department Project Activity # Fund Description Project Description Project Status Carry Forward Up To Amount 05113263 Parks & Recreation 202718 CAPITAL OUTLAY FUND STADIUM LOCKER ROOM RENOVATION Closeout Phase; 99% complete; 9/22 Est. completion 33,500 05113263 Parks & Recreation 202720 CAPITAL OUTLAY FUND WINDSOR PK SITE FURNISHINGS 0% completion; 6/23 Est. completion 30,000 05113263 Parks & Recreation 222754 CAPITAL OUTLAY FUND CAP OUTLAY DYSC FIELD LIGHTS Design Phase; 0% completion; Est. completion 23/24 418,200 05113263 Parks & Recreation 222755 CAPITAL OUTLAY FUND 05113263 CT DOG PRK -CENTENIAL Design Phase; 5% completion; Est. completion 23/24 985,400 05113263 Parks & Recreation 222757 CAPITAL OUTLAY FUND CELL TWR PARK TRASH RECEPTACLE In Progress; 30% Complete; Est. Completion 12/22 2,000 05113263 Parks & Recreation 222758 CAPITAL OUTLAY FUND CELL TWR-PARKS DEFERRED MAINT Project completed, but might need contingency amount 22,700 05113263 Parks & Recreation 222760 CAPITAL OUTLAY FUND CENTENIAL PKNG LOT LTNG PHSE 2 Construction phase. Estimated completion 12/22 100,000 05113263 Parks & Recreation 222763 CAPITAL OUTLAY FUND BBALL FENCE-SAN, PORT, CABRILL 0% complete. Estimated completion 6/23 70,200 05117620 Public Works 186065 CAPITAL OUTLAY FUND STREETLIGHT ACQ & UPGR PROJ Completed in July 22; carryforward for project 1,268,900 05417647 Public Works 166466 SANITARY SEWER CAPITAL WILLARD NH SEWER MAIN IMPROV Active, Design, 100% complete, Moving to 1,555,100 05417647 Public Works 176471 SANITARY SEWER CAPITAL SEWER LATERAL BRISTOL PHASE 3A Active, Design, 100% complete, Moving to 891,600 05417647 Public Works 186498 SANITARY SEWER CAPITAL WASHNGTN SQUARE SEWER MAIN IMP On Hold, Design, 60% complete 2,414,700 05417647 Public Works 186616 SANITARY SEWER CAPITAL FLOWER ST SEWER MAIN IMPROVEME Active, Construction, 30% complete 2,679,900 05417647 Public Works 196426 SANITARY SEWER CAPITAL CITYWIDE SWR MAIN IMPRVTS PH 2 Completed, Construction, 100% complete, 100,000 05417647 Public Works 196430 SANITARY SEWER CAPITAL WRIGHT ST SEWER MAIN IMPROVE Active, Design, 90% complete 1,360,500 05417647 Public Works 196497 SANITARY SEWER CAPITAL SA MEMORL NGHBRHD SWR MAIN IMP Active, Design, 0% complete 484,500 05417647 Public Works 216447 SANITARY SEWER CAPITAL RENE DR SEWER IMPROVEMENTS Active, Design, 0% complete 85,000 05417647 Public Works 216448 SANITARY SEWER CAPITAL BRISTOL-WARNER NH SEWER IMPROV Active, Design, 0% complete 100,000 05417647 Public Works 216449 SANITARY SEWER CAPITAL FAIRHAVEN NH SEWER IMP Active, Design, 0% complete 400,000 05417647 Public Works 216450 SANITARY SEWER CAPITAL CASA BONITA NH SEWER IMPROV Active, Design, 0% complete 180,000 05417647 Public Works 216451 SANITARY SEWER CAPITAL SOUTH MAIN ST SEWER IMPR Active, Construction, 90% complete 1,620,000 05417647 Public Works 216452 SANITARY SEWER CAPITAL INDUSTRIAL ST SEWER IMP PH1 Active, Construction, 10% complete 398,000 05417647 Public Works 226473 SANITARY SEWER CAPITAL SANTIAGO PARK GAS HOUSE SEWER Active, Construction, 50% complete 50,000 05417647 Public Works 226620 SANITARY SEWER CAPITAL LINCOLN AVE SEWER MAIN IMPR Active, Construction, 90% complete 770,200 05517660 Public Works 063510 SEWER CONNECTION FEE SEGERSTROM/SAN LORENZO S LIFT Active, Construction, 60% complete 4,854,700 05517660 Public Works 186616 SEWER CONNECTION FEE FLOWER ST SEWER MAIN IMPROVEME Active, Construction, 40% complete 1,648,500 05517660 Public Works 196430 SEWER CONNECTION FEE WRIGHT ST SEWER MAIN IMPROVE Active, Design, 90% complete 15,400 05517660 Public Works 216447 SEWER CONNECTION FEE RENE DR SEWER IMPROVEMENTS Active, Design, 10% complete 590,000 05517660 Public Works 216619 SEWER CONNECTION FEE NE ANNEXATION SEWER IMPR Active, Design, 90% complete 838,800 05717640 Public Works 166467 FED CLEAN WATER PROTECTION ENT SA DELHI CHANNEL DIVERSION Active, Construction, 100% complete, Calibration 68,300 05717640 Public Works 206618 FED CLEAN WATER PROTECTION ENT Warner Storm Drain Imp: Ph1 Active, Construction, 75% complete 3,200 05717640 Public Works 226469 FED CLEAN WATER PROTECTION ENT STORMWATER CHANNEL FENCING UPG Active, Construction, 0% complete, Construction 479,100 05717660 Public Works 166467 FED CLEAN WATER PROTECTION ENT SA DELHI CHANNEL DIVERSION Active, Construction, 100% complete, City to 1,000,000 05917660 Public Works 146802 SELECT STREET CONSTRUCTION WARNER AVE WDNG:MAIN-OAK PH I Under construction until 2023. Carry forward 2,074,700 05917660 Public Works 156825 SELECT STREET CONSTRUCTION WESTMNSTER REHAB:HARBR TOCLINT Project started but not completed 35,200 05917660 Public Works 156827 SELECT STREET CONSTRUCTION FAIRVIEW BRDGE & STREET IMPRV In design. Construction planned for early 2023. Carry forward 255,700 05917660 Public Works 176766 SELECT STREET CONSTRUCTION OC STREETCAR Under construction. Carry forward 205,800 05917660 Public Works 176881 SELECT STREET CONSTRUCTION FAIRVIEW ST: SEGERSTROM TO NCL Project Underway - Carry Forward for grant reconciliation 400 05917660 Public Works 186902 SELECT STREET CONSTRUCTION WESTMINSTER REHAB:CLINTON-FRVW Project started but not completed 102,800 05917660 Public Works 186903 SELECT STREET CONSTRUCTION HAZARD AVE PROTECTED BIKE LANE Proj. Complete- Closing out - Carry Forward 111,900 05917660 Public Works 186906 SELECT STREET CONSTRUCTION BRISTOL & EDINGER CLASS II BK Proj. Complete- Closing out - Carry Forward 70,500 05917660 Public Works 186908 SELECT STREET CONSTRUCTION BRISTOL ST PROTECTED LN EDGR-1 Grant Project Closing out - carryforward for grant reconciliation 11700 05917660 Public Works 206971 SELECT STREET CONSTRUCTION WARNER PROTECT BK LN:OAK-GRAND In design. Construction planned for early 2023. Carry forward 84,100 05917660 Public Works 186912 SELECT STREET CONSTRUCTION CITYWIDE BIKE RACK & SARTC Project Underway - Carry Forward 20,400 05917661 Public Works 116741 SELECT STREET CONSTRUCTION Bristol Wdng-Wrnr/St Andrw IV Project Underway - Carry Forward 326,800 05917661 Public Works 136792 SELECT STREET CONSTRUCTION BRISTOL WDNG:CC-WASHNGTON IIIA Project Underway - Carry Forward 53,100 05917661 Public Works escrow refund SELECT STREET CONSTRUCTION Bristol Street project Project started but not completed 550,000 05917661 Public Works sale of land SELECT STREET CONSTRUCTION Bristol Street project Project started but not completed 1,175,700 05917661 Public Works sale of land SELECT STREET CONSTRUCTION Bristol Street project Project started but not completed 4,124,000 05917663 Public Works 156827 SELECT STREET CONSTRUCTION FAIRVIEW BRIDGE & STREET IMPRV In design. Construction planned for early 2023. Carry forward 532,400 &nbsp; City Council &nbsp;9 &ndash;&nbsp;8 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Accounting Unit Department Project Activity # Fund Description Project Description Project Status Carry Forward Up To Amount 05917663 Public Works 196898 SELECT STREET CONSTRUCTION PAVEMENT MANAGEMENT FY 18/19 Pending project reconciliation 3,900 05917663 Public Works 206956 SELECT STREET CONSTRUCTION Gas Tax Local Street Improv Project Closing out - Carry Forward for reconciliation 132,400 05917663 Public Works 206970 SELECT STREET CONSTRUCTION OMNIBUS CONCRETE PR FY19/20 Project still in progress. Carry forward remaining budget for future expenditures 50,000 05917663 Public Works 216986 SELECT STREET CONSTRUCTION BRIDGE PEVENTATIVE MAINT PROG In design. Waiting for Caltrans grant fund. Carry forward 32,000 05917663 Public Works 226989 SELECT STREET CONSTRUCTION WESTMINSTER REHAB: NEWHPE-HARB Project Underway - Carry Forward 90,800 05917663 Public Works 176883 SELECT STREET CONSTRUCTION BRISTOL ST&MEMORY LN INTER WID Project Underway - Carry Forward 400,000 05917663 Public Works 226996 SELECT STREET CONSTRUCTION Pedestrian Improvements Project Underway - Carry Forward 285,000 05917663 Public Works 206957 SELECT STREET CONSTRUCTION MACARTHUR RESUR: FLOWER -MAIN Project Underway - Carry Forward 126,600 05917663 Public Works 186911 SELECT STREET CONSTRUCTION MAIN ST REHAB: EDINGR TO FIRST Project Underway - Carry Forward 112,400 05917663 Public Works 206958 SELECT STREET CONSTRUCTION MAIN ST REHAB: WARNER-EDINGER Project Underway - Carry Forward 112,400 05917663 Public Works 226701 SELECT STREET CONSTRUCTION INDUSTRIAL ST PAVEMNT IMPS PH1 Project Underway - Carry Forward 1,200,000 05917665 Public Works 186915 SELECT STREET CONSTRUCTION EUCLID REHAB: HAZARD-WSTMNSTR Carryforward for project reconciliation 79,400 05917665 Public Works 196921 SELECT STREET CONSTRUCTION FIRST ST SLURRY & RESURFACING Project started but not completed 20,200 05917665 Public Works 196922 SELECT STREET CONSTRUCTION MAIN ST SLURRY & RESURFACING Carry Forward for project reconciliation 358,300 05917665 Public Works 196923 SELECT STREET CONSTRUCTION MCFADDEN REHB FAIRVIEW - RAITT In design. Construction planned for early 2023. Carry forward 51,000 05917665 Public Works 196940 SELECT STREET CONSTRUCTION MAIN ST REHAB: DYER TO WARNER Project Underway - Carry Forward 458,700 05917665 Public Works 196941 SELECT STREET CONSTRUCTION ALTON REHAB: RAITT TO BRISTOL Carry Forward for project reconciliation 41200 05917665 Public Works 196943 SELECT STREET CONSTRUCTION Bristol St Rehab 18/19 McArt-RR Project Closing out - Carry Forward for reconciliation 104,800 05917665 Public Works 196945 SELECT STREET CONSTRUCTION Raitt Slurry & Resuf Edn-McFad Project Underway - Carry Forward 81,200 05917665 Public Works 196946 SELECT STREET CONSTRUCTION EDINGER AVE REHAB: RAITT-BRSTL Project Closing out - Carry Forward for reconciliation 118,700 05917665 Public Works 196947 SELECT STREET CONSTRUCTION RAITT ST REHAB: MCFFDN-CVC CNT Project Underway - Carry Forward 903,300 05917665 Public Works 206953 SELECT STREET CONSTRUCTION MACARTHUR REHAB:SARIVER-HARBOR Project started but not completed 10,500 05917665 Public Works 206954 SELECT STREET CONSTRUCTION Euclid St Rehab:McFadden tolst In design. Construction planned for early 2023. Carry forward 1,005,700 05917665 Public Works 206955 SELECT STREET CONSTRUCTION Euclid St Rehab:lst to Hazard In design. Construction planned for early 2023. Carry forward 1,138,900 05917665 Public Works 206957 SELECT STREET CONSTRUCTION MACARTHUR RESUR: FLOWER -MAIN Project is currently under construction - carryforward 999,300 05917665 Public Works 206958 SELECT STREET CONSTRUCTION MAIN ST REHAB: WARNER-EDINGER Project Underway - Carry Forward 372,000 05917665 Public Works 206961 SELECT STREET CONSTRUCTION EUCLID REHAB:C LIMIT-MCFADDEN Project Underway - Carry Forward 906,300 05917665 Public Works 216975 SELECT STREET CONSTRUCTION Alton Ave Rahab: Main -Standard In design. Construction planned for early 2023. Carry forward 737,300 05917665 Public Works 216976 SELECT STREET CONSTRUCTION Flower St Rehab: McFadden -1st Carry Forward for project reconciliation 92,800 05917665 Public Works 216977 SELECT STREET CONSTRUCTION McArthur Rehab: Fairview-Raitt Project Underway - Carry Forward 829,500 05917665 Public Works 216978 SELECT STREET CONSTRUCTION Fairview A Rehab: City L-Seger Project Underway - Carry Forward 2,078,300 05917665 Public Works 216979 SELECT STREET CONSTRUCTION 17th St Rehab: Bristol -Flower Project Underway - Carry Forward 995,500 05917665 Public Works 216980 SELECT STREET CONSTRUCTION 17th St Rehab:Fairview-Bristol Project Underway - Carry Forward 737,200 05917665 Public Works 226991 SELECT STREET CONSTRUCTION Garnsey Business District Impr Under construction until 2023. Carry forward 62,200 05917665 Public Works 226990 SELECT STREET CONSTRUCTION BRISTOL ST REHAB:SNTA CL-MEMOR Project Underway - Carry Forward 921,700 05917665 Public Works 226987 SELECT STREET CONSTRUCTION GRAND AV REHAB: WARNER-EDINGR In design. Construction planned for early 2023. Carry forward 1,613,200 05917665 Public Works 226988 SELECT STREET CONSTRUCTION MAIN ST REHAB: MACARTHUR-DYER Project Underway - Carry Forward 1,589,600 05917665 Public Works 226989 SELECT STREET CONSTRUCTION WESTMINSTER REHAB: NEWHPE-HARB Project Underway - Carry Forward 1,335,900 05917667 Public Works 176893 SELECT STREET CONSTRUCTION WARNER AVE & FLOWER INTERS IMP Project started but not completed 5,600 05917667 Public Works 186922 SELECT STREET CONSTRUCTION CITYWIDE BIKE LN STRIPNG & MAI Project Underway - Carry Forward 29,400 05917668 Public Works 186901 SELECT STREET CONSTRUCTION WARNER AVE IMPRV PH2-OAK-GRAND In design. Construction planned for early 2023. Carry forward 3,764,400 06617620 Public Works 216456 ACQUISITION & CONSTRUCTION INDUSTRIAL ST WATER MAIN PH01 Active, Construction, 10% complete 110,000 06617647 Public Works 216453 ACQUISITION & CONSTRUCTION NE Annexation Septic Sewer Imp Active, Design, 90% complete 1,411,300 06617647 Public Works 216456 ACQUISITION & CONSTRUCTION INDUSTRIAL ST WATER MAIN PH01 Active, Construction, 10% complete 2,389,100 06617647 Public Works 216460 ACQUISITION & CONSTRUCTION EUCLID WATER MAIN IMP Active, Design, 90% complete 2,489,700 06617647 Public Works 216461 ACQUISITION & CONSTRUCTION SOUTH MAIN ST WATER MAIN IMPRO Active, Construction, 90% complete 2,929,100 06617647 Public Works 216462 ACQUISITION & CONSTRUCTION SA-1 Hydro generator Upgrade Active, Design, 30% complete 1,700,000 06617647 Public Works 216466 ACQUISITION & CONSTRUCTION GROVEMONT ST WATER MAIN IMPR Active, Construction, 90% complete 1,428,200 06617647 Public Works 226468 ACQUISITION & CONSTRUCTION LINCOLN AVE WATER MAIN IMPR Active, Construction, 60% complete 1,267,000 06617647 Public Works 226470 ACQUISITION & CONSTRUCTION WELL 38 PFAS FACILITY Active, Design, 90% complete 100,000 &nbsp; City Council &nbsp;9 &ndash;&nbsp;9 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Accounting Unit Department Project Activity # Fund Description Project Description Project Status Carry Forward Up To Amount 06617647 Public Works 226472 ACQUISITION & CONSTRUCTION GARNSEY BUSNESS DST WTR IMP Active, Construction, 30% complete 820,000 06617647 Public Works 226474 ACQUISITION & CONSTRUCTION Pressure Reg Vault Relocation Active, Design, 30% complete 21,000 06617647 Public Works 116413 ACQUISITION & CONSTRUCTION SA-5 VAULT MODIFICATIONS Active, Construction, 60% complete 885,600 06617647 Public Works 136433 ACQUISITION & CONSTRUCTION WELL 32 REHAB Active, Design, 100% complete, Moving to construction 100,000 06617647 Public Works 156445 ACQUISITION & CONSTRUCTION BRISTOL PHASE 3A WATER constructed as part of Bristol Widening Project 1,312,800 06617647 Public Works 156446 ACQUISITION & CONSTRUCTION GRAND & ST GERTRUDE WATER IMP Active, Construction, 100% complete, Pending final payment 1,444,600 06617647 Public Works 166460 ACQUISITION & CONSTRUCTION Advanced Meter Infrastructure Active, Construction, 15% complete 3,736,100 06617647 Public Works 186424 ACQUISITION & CONSTRUCTION WARNER AVE WIDE WTR MAIN IMPR Active, Construction, 50% complete 1,822,700 06617647 Public Works 186491 ACQUISITION & CONSTRUCTION WELL 29 IMPROVEMENTS Active, Design, 100% complete, Moving to construction 6,668,600 06617647 Public Works 196423 ACQUISITION & CONSTRUCTION WASHINGTON WELL SITE IMPROVEME Active, Design, 100% complete, Moving to construction 1,110,800 06617647 Public Works 196433 ACQUISITION & CONSTRUCTION EAST STATION SECURITY IMPROV Active, Design, 90% complete 958,700 06617647 Public Works 196438 ACQUISITION & CONSTRUCTION Ritchey St Water Main Reloc Active, Construction, 15% complete 2,657,900 06617647 Public Works 196439 ACQUISITION & CONSTRUCTION SA-7 Pressure Reducing Reloc Active, Construction, 15% complete 2,856,300 06617647 Public Works 196440 ACQUISITION & CONSTRUCTION SR-55 Water Main Reloc Active, Construction, 15% complete 2,405,600 06617647 Public Works 196496 ACQUISITION & CONSTRUCTION SA-2 VAULT IMPROVEMENTS Active, Design, 10% complete 775,000 06617647 Public Works 206433 ACQUISITION & CONSTRUCTION Warner Main Imp Bristol -Oak Active, Design, 10% complete 141,200 06617647 Public Works 206435 ACQUISITION & CONSTRUCTION PR Vault Power & Control Impr Active, Design, 10% complete 100,000 06617647 Public Works 216445 ACQUISITION & CONSTRUCTION EAST & WEST CHLORINE BUILDING Active, Design, 90% complete 1,998,500 08009053 Human Resources 220501 LIABILITY AND PROPERTY INS FND 5TH FL-ADA COMPLIANCE Project started but not completed 877,500 08009053 Human Resources 220503 LIABILITY AND PROPERTY INS FND BASEMENT DAMAGES Project started but not completed 43,200 08009053 Human Resources 220504 LIABILITY AND PROPERTY INS FND CCHAMBER-ADA COMPL Project started but not completed 128,800 08009053 Human Resources 220505 LIABILITY AND PROPERTY INS FND CH -SECURITY HARDENING Project started but not completed 920,000 13518783 Community Development 197527 COMMUNITY DEV BLOCK GRANT/ESG SANTA ANITA SOCCER FIELD GY18; Active - Construction, 25% complete. 510,300 13518783 Community Development 217533 COMMUNITY DEV BLOCK GRANT/ESG Campesino Park Restrooms GY18; Active - Construction, 70% complete. 33,000 13518783 Community Development 217534 COMMUNITY DEV BLOCK GRANT/ESG Memorial Park Restrooms GY17; Active - Construction, 70% complete. 80,200 13518783 Community Development 217534 COMMUNITY DEV BLOCK GRANT/ESG Memorial Park Restrooms GY18; Active - Construction, 70% complete. 54,000 13518783 Community Development 217535 COMMUNITY DEV BLOCK GRANT/ESG Madison Park Restrooms GY17; Active - Construction, 70% complete. 10,600 13518783 Community Development 227533 COMMUNITY DEV BLOCK GRANT/ESG STREET IMPROVEMENT - GY17; Active - Construction, 60% complete 133,300 13518783 Community Development 227533 COMMUNITY DEV BLOCK GRANT/ESG STREET IMPROVEMENT - GY18; Active - Construction, 60% complete 130,900 13518783 Community Development 227533 COMMUNITY DEV BLOCK GRANT/ESG STREET IMPROVEMENT - GY19; Active - Construction, 60% complete 100,200 13518783 Community Development 227533 COMMUNITY DEV BLOCK GRANT/ESG STREET IMPROVEMENT - GY20; Active - Construction, 60% complete 99,500 13518783 Community Development 227533 COMMUNITY DEV BLOCK GRANT/ESG STREET IMPROVEMENT - GY20; Active - Construction, 60% complete 413,200 13518783 Community Development 227534 COMMUNITY DEV BLOCK GRANT/ESG ACTIVE TRANSPORTATION GY21; Active - Construction, 30% complete 355,100 13518783 Community Development 227535 COMMUNITY DEV BLOCK GRANT/ESG SIDEWALK IMPROVEMENT GY21; Active- - Construction to start mid -August 379,900 13518783 Community Development 227536 COMMUNITY DEV BLOCK GRANT/ESG SANTA ANITA PARK PHASE II GY21; Active - Construction, 25% complete. 600,000 13518783 Community Development 237533 COMMUNITY DEV BLOCK GRANT/ESG SANTA ANITA PARK PHASE III GY16 Active - Construction, 25% complete. 11,600 14717611 Public Works 176875 FEDERAL AID SAFETY PROGRAM CITYWIDE TRAFFC SIG VEHICLE UP Pending project reconciliation 155,600 14717611 Public Works 176876 FEDERAL AID SAFETY PROGRAM CROSSWALK UPGRADES -PHASE II Pending project reconciliation 116,300 14717611 Public Works 176894 FEDERAL AID SAFETY PROGRAM EUCLID ST & HAZARD AVE SIGL MO Working on project close out. Carryforward 10,900 14717611 Public Works 176897 FEDERAL AID SAFETY PROGRAM FLOWER ST SAFETY ENHANCEMENTS Working on project close out. Carryforward 47,600 14717611 Public Works 186918 FEDERAL AID SAFETY PROGRAM MAIN ST & 15TH ST TRAFFIC SIGN In construction, carryforward 435,600 14717611 Public Works 186919 FEDERAL AID SAFETY PROGRAM 1ST/1ACKSON & 5TH/EUCLID SIGNL August 16, 2022 - Award construction, 19,000 14717611 Public Works 226995 FEDERAL AID SAFETY PROGRAM BRISTOL ST & SANTA CL SIGN MOD Under design, carryforward 23,800 14717611 Public Works 226994 FEDERAL AID SAFETY PROGRAM SAFE MOBILITY SA UPDATE Underway, carryforward 140,400 14817613 Public Works 166850 TRAFFIC SYSTEM MGMT GRANT COMPLETE ST PLANS ATP ID#0752 Pending project reconciliation 3,000 14817613 Public Works 196944 TRAFFIC SYSTEM MGMT GRANT 1ST FED IMPROV: FLOWER-STANDAR Project underway - Carry Forward 4,032,000 14817613 Public Works 196951 TRAFFIC SYSTEM MGMT GRANT Davis Elementary SRTS Project underway - Carry Forward 4,834,000 14817613 Public Works 176730 TRAFFIC SYSTEM MGMT GRANT CITYWIDE SAFE ROUTES TO SCHOOL Pending project reconciliation 28,700 14817613 Public Works 176801 TRAFFIC SYSTEM MGMT GRANT CIVIC CENTER DRIVE BIKE BLVD Project Closing out - Carry Forward for reconciliation 61,400 14817613 Public Works 176802 TRAFFIC SYSTEM MGMT GRANT LINCOLN PEDESTRIAN TRAIL Project Closing out - Carry Forward for reconciliation 27,400 &nbsp; City Council &nbsp;9 &ndash;&nbsp;10 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Accounting Unit Department Project Activity # Fund Description Project Description Project Status Carry Forward Up To Amount 14817613 Public Works 176880 TRAFFIC SYSTEM MGMT GRANT SANTA ANA BLVD & 5TH BIKE LANE Project underway - Carry Forward 986,400 14817613 Public Works 176885 TRAFFIC SYSTEM MGMT GRANT EDINGER PROTECTED BIKE LANES Project Closing out - Carry Forward for reconciliation 10,600 14817613 Public Works 176886 TRAFFIC SYSTEM MGMT GRANT SRTS ENHNC-SEPULVEDA ELEMNTARY Project Closing out - Carry Forward for grant reconciliation 700 14817614 Public Works 196944 TRAFFIC SYSTEM MGMT GRANT 1ST PED IMPROV: FLOWER-STANDAR Project underway - Carry Forward 118,000 14817614 Public Works 196948 TRAFFIC SYSTEM MGMT GRANT W WILLITS PROTECTED BIKE LANES Project underway - Carry Forward 2,465,800 14817614 Public Works 196951 TRAFFIC SYSTEM MGMT GRANT Davis Elementary SRTS Grant project underway - Carry Forward 200 14817614 Public Works 206962 TRAFFIC SYSTEM MGMT GRANT MCFADDEN PROT BIK LN HAR-GRAND Project underway - Carry Forward 6,355,800 14817614 Public Works 206963 TRAFFIC SYSTEM MGMT GRANT KENNEDY & VILLA SRTS Project underway - Carry Forward 1,348,900 14817614 Public Works 206964 TRAFFIC SYSTEM MGMT GRANT FREMONT & SPURGEON SRTS Project underway - Carry Forward 5,012,400 14817614 Public Works 206965 TRAFFIC SYSTEM MGMT GRANT STANDARD AVE PROT BK LN: 3-WAR Project underway - Carry Forward 5,647,800 16113263 Parks & Recreation 202731 PRCSA CAPITAL GRANTS SANTIAGO MAIN ST ENTRANCE Active - Design, 50% complete. Estimated 213,300 16113263 Parks & Recreation 212741 PRCSA CAPITAL GRANTS 17th ST TRIANGLE PARK Active - Design, 10% complete. Estimated 503,400 16113264 Parks & Recreation 202729 PRCSA CAPITAL GRANTS STANDARD-MCFADDEN NEW Active - Design, 15% complete. Estimated 3,461,900 16113264 Parks & Recreation 202730 PRCSA CAPITAL GRANTS RAITT & MYRTLE NEW PARK Active - Construction, 25% complete. Estimated 1,201,300 16113268 Parks & Recreation 197527 PRCSA CAPITAL GRANTS SANTA ANITA SOCCER FIELD Active - Construction, 25% complete. Estimated 1,000,000 16417641 Public Works 136433 PUB WKS-WTR QUALITY & CONTROL WELL 32 REHAB Active, Design, 100% complete, Moving to 750,000 16417641 Public Works 166460 PUB WKS-WTR QUALITY & CONTROL Advanced Meter Infrastructure Active, Construction, 15% complete 1,500,000 16417641 Public Works 196423 PUB WKS-WTR QUALITY & CONTROL WASHINGTON WELL SITE IMPROVEME Active, Design, 100% complete, Moving to 750,000 16417641 Public Works 216462 PUB WKS-WTR QUALITY & CONTROL SA-1 Hydrogenerator Upgrade Active, Design, 30% complete 300,000 16417641 Public Works 226470 PUB WKS-WTR QUALITY & CONTROL WELL 38 PFAS FACILITY Active, Design, 90% complete 2,000,000 16417642 Public Works 166460 PUB WKS-WTR QUALITY & CONTROL Advanced Meter Infrastructure Active, Construction, 15% complete 342,200 16417643 Public Works 226621 PUB WKS-WTR QUALITY & CONTROL RAITT & MYRTLE PARK PROJECT Active, Construction, 10% complete 1,647,000 16417644 Public Works 226622 PUB WKS-WTR QUALITY & CONTROL DTSA Flood Red & Storwtr Infil Active, Design, 30% complete 3,684,200 22317660 Public Works 196617 LOCAL DRAINAGE AREA III D-03 CHANNEL IMPR AT ALTON AVE Project started but not completed 38,700 22417660 Public Works 206618 LOCAL DRAINAGE AREA IV Warner Storm Drain Imp: Ph1 Project underway - Carry Forward 7,200 22417660 Public Works 146802 LOCAL DRAINAGE AREA IV WARNER AVE WDNG:MAIN-OAK PH I Project underway - Carry Forward 21,400 22417660 Public Works 116741 LOCAL DRAINAGE AREA IV Bristol Wdng-Wrnr/St Andrw IV Project underway - Carry Forward 231,500 30113260 Parks & Recreation 162662 REC/COMM SVS LAND CONVERSION/RSCCD Close out phase; 99% complete; 9/22 estimated completion date 126,900 31113260 Parks & Recreation 197527 RESIDENTIAL DEVELOP DISTRICT 1 SANTA ANITA SOCCER FIELD Construction Phase; Estimated Completion FY23/24; 25% Complete 1,900,000 31113260 Parks & Recreation 202714 RESIDENTIAL DEVELOP DISTRICT 1 EL SALVADOR BB CRT & LIGHITNG Closeout phase; 99% complete; Est. completion 8/22 17,000 31113260 Parks & Recreation 202717 RESIDENTIAL DEVELOP DISTRICT 1 RIVERVW BALLFIELD SPORT LTNG Closeout phase; 99% complete; Est. completion 8/22 7,300 31213260 Parks & Recreation 152645 RESIDENTIAL DEVELOP DISTRICT 2 SANTIAGO GAS HOUSE AREA IMPROV Construction Phase; 74% complete; Est. completion 10/22 956,900 31213260 Parks & Recreation 182688 RESIDENTIAL DEVELOP DISTRICT 2 SECURITY LIGHTING MORRISON PK 1 punch list item needing completion; est. completion 9/22; construction 59,500 31213260 Parks & Recreation 202731 RESIDENTIAL DEVELOP DISTRICT 2 SANTIAGO MAIN ST ENTRANCE DESI Design Phase; 50% complete; Est. completion 6/23 133,800 31213260 Parks & Recreation 212727 RESIDENTIAL DEVELOP DISTRICT 2 31213260 CABRILLO IRRIG RENOVA Construction Phase; 69% complete; Est. completion 10/22 574,900 31213260 Parks & Recreation 222752 RESIDENTIAL DEVELOP DISTRICT 2 31213260 STADIM SYNTHETIC TURF Construction Phase; 99% complete; Est. completion 8/22 117,300 31213260 Parks & Recreation 222753 RESIDENTIAL DEVELOP DISTRICT 2 31213260 STADIUM SCOREBOARD Construction Phase; 25% complete; Est. completion 11/22 23,800 31213261 Parks & Recreation 152645 RESIDENTIAL DEVELOP DISTRICT 2 SANTIAGO GAS HOUSE AREA IMPROV Construction Phase; 74% complete; Est. completion 10/22 438,300 31213261 Parks & Recreation 222753 RESIDENTIAL DEVELOP DISTRICT 2 31213260 STADIUM SCOREBOARD Construction Phase; 25% complete; Est. completion 11/22 54,000 31313260 Parks & Recreation 162658 RESIDENTIAL DEVELOP DISTRICT 3 SA ZOO GIANT RIVER OTTER HABIT Construction Phase; 56% complete; Est. completion 12/22 4,953,000 31313260 Parks & Recreation 202729 RESIDENTIAL DEVELOP DISTRICT 3 STANDARD-MCFADDEN NEW PARK Design Phase. 15% Complete; Estimated Completion FY23/24 373,400 31313260 Parks & Recreation 212726 RESIDENTIAL DEVELOP DISTRICT 3 PE BIKE TRAIL PHASE II Design Phase. 60% Complete; Estimated Completion FY23/24 495,100 31313260 Parks & Recreation 212728 RESIDENTIAL DEVELOP DISTRICT 3 31313260 SANDPOINTE SECUR LTNG Design Phase. 60% Complete; Estimated Completion FY23/24 293,300 31313260 Parks & Recreation 212740 RESIDENTIAL DEVELOP DISTRICT 3 FLOWER ST BIKE TRAIL RENOVATIO Pre -Award; 20% Complete; Est. Completion 6/23 893,000 31313261 Parks & Recreation 162658 RESIDENTIAL DEVELOP DISTRICT 3 SA ZOO GIANT RIVER OTTER HABIT Construction Phase; 56% complete; Est. completion 12/22 124,800 31413260 Parks & Recreation 182681 RESIDENTIAL DEVELOP DISTRICT 4 CENTENNIAL LAKE CIRCUL DESIGN Design Phase Completed. Need project adjustments 48,700 41718820 Community Development Various CDA INCLUSIONARY HOUSING FEE Inclusionary Housing Fee Project started but not completed 3,111,400 41818830 Community Development 179001 CDA CAPITAL PROJECTS Feebler Fund Capital Projects Project started but not completed 1,682,300 41818831 Community Development Various CDA CAPITAL PROJECTS South Main Redevelopment Project Project started but not completed 142,100 41818832 Community Development Various CDA CAPITAL PROJECTS Affordable Housing AHSC PRGM Project started but not completed 22,500 &nbsp; City Council &nbsp;9 &ndash;&nbsp;ll 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Accounting Unit Department Project Activity # Fund Description Project Description Project Status Carry Forward Up To Amount 41818832 Community Development 229001 CDA CAPITAL PROJECTS Affordable Housing AHSC PRGM Project started but not completed 1,819,100 99217950 Public Works 146802 TRAN SYS IMP AUT AREA B WARNER AVE WDNG:MAIN-OAK PH I Project underway - Carry Forward 2,682,400 99217950 Public Works 186901 TRAN SYS IMP AUT AREA B WARNER AVE IMPRV PH2-OAK-GRAND Project underway - Carry Forward 485,700 Subtotal for Construction Projects 250,489,700 All Other Funds Project Carry Forward Accounting Unit Department Activity # Fund Description Project Description Project Status Up To Amount 01213020 Parks & Recreation 212743 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 25,500 01213020 Parks & Recreation 202739 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 15,900 01213020 Parks & Recreation 212748 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 15,900 01213020 Parks & Recreation 212749 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 15,900 01213020 Parks & Recreation 202736 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 15,900 01213020 Parks & Recreation 202737 CANNABIS PUBLIC BENEFIT FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 15,900 01213020 Parks & Recreation N/A CANNABIS PUBLIC BENEFIT FUND INSTALLATION OF SHADE STRUCTURE Encumbrance Carry Forward 107,700 01213020 Parks & Recreation 222761 CANNABIS PUBLIC BENEFIT FUND INSTALLATION OF CONCRETE PAD Encumbrance Carry Forward 24,900 01213020 Parks & Recreation 222762 CANNABIS PUBLIC BENEFIT FUND INSTALLATION OF CONCRETE PAD Encumbrance Carry Forward 24,900 01213020 Parks & Recreation 212500 CANNABIS PUBLIC BENEFIT FUND FORD TRANSIT T-350 CREW VAN Encumbrance Carry Forward 84,300 01213020 Parks & Recreation 222500 CANNABIS PUBLIC BENEFIT FUND FORD TRANSIT T350 VAN Encumbrance Carry Forward 68,700 01213020 Parks & Recreation N/A CANNABIS PUBLIC BENEFIT FUND Funding for PAAL Program or Facilities Project started but not completed 500,000 01213021 Parks & Recreation N/A CANNABIS PUBLIC BENEFIT FUND Youth Defense Fund Project started but not completed 200,000 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND CHEVY COLORADO TRUCK Encumbrance Carry Forward 37,000 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND CLEANING KIT Encumbrance Carry Forward 100 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND FILTER Encumbrance Carry Forward 100 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND TRIPOD Encumbrance Carry Forward 300 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND UV PROTECTOR Encumbrance Carry Forward 100 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND CANON CAMERA Encumbrance Carry Forward 4,600 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND Code Enforcement Work Stations Project started but not completed 30,000 01216010 Planning & Building N/A CANNABIS PUBLIC BENEFIT FUND Code Enforcement Work Stations Project started but not completed 85,000 Highway Users Tax, Roadway Maintenance Rehabilitation Program, Senate Bill 02917019 Public Works N/A SPECIAL GAS TAX Gas tax funded street construction projects 1 funded on -going projects 20,718,600 02917620 Public Works 226720 SPECIAL GAS TAX 21-22 Traffic Signal Maint Encumbrance Carry Forward 33,500 02917620 Public Works 226720 SPECIAL GAS TAX 21-22 Traffic Signal Maint Encumbrance Carry Forward 91,500 02917660 Public Works N/A SPECIAL GAS TAX Sidewalk Repairs Project started but not completed 2,399,900 03116510 Planning & Building N/A AIR QUALITY IMPR. (AB 2766) Electric Vehicles (EV) for Building Safety staff Project started but not completed 40,000 03117101 Public Works N/A AIR QUALITY IMPR. (AB 2766) CHEVROLET BOLT EV Encumbrance Carry Forward 33,700 05113263 Parks & Recreation 212747 CAPITAL OUTLAY FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 16,100 05113263 Parks & Recreation 212746 CAPITAL OUTLAY FUND CUSTOM FABRIC SHADE CANOPIES Encumbrance Carry Forward 16,100 05113263 Parks & Recreation 222757 CAPITAL OUTLAY FUND TRASH/RECYCLE RECEPTACLE Encumbrance Carry Forward 616,500 05617640 Public Works N/A SANITARY SEWER SERVICE SEWER MAIN INSPECTION SERVICES Encumbrance Carry Forward 8,700 05617640 Public Works N/A SANITARY SEWER SERVICE CHEVROLET SILVERADO 250OHD TRUCK Encumbrance Carry Forward 45,900 05617640 Public Works N/A SANITARY SEWER SERVICE SEWER MAIN INSPECTION SERVICES Encumbrance Carry Forward 300,800 06017019 Public Works N/A WATER Water fund (60) to Acquisition & Construction fund (66) Transfer to fund water projects under Fund 66 18,378,400 06017640 Public Works N/A WATER CHEVROLET 350OHD TRUCK W DBL CAB Encumbrance Carry Forward 166,400 06017640 Public Works N/A WATER CHEVROLET 350OHD TRUCK W DBL CAB Encumbrance Carry Forward 83,200 06017640 Public Works N/A WATER CATERPILLAR C13 DIESEL GENERATOR Encumbrance Carry Forward 145,600 06017640 Public Works N/A WATER CHANGE ORDER Encumbrance Carry Forward 45,900 06017641 Public Works N/A WATER FORD F550 SD FLATBED DUMP TRUCK Encumbrance Carry Forward 75,400 06017641 Public Works N/A WATER CHANGE ORDER Encumbrance Carry Forward 14,000 06017641 Public Works N/A WATER FORD F550 SD VALVE TRUCK Encumbrance Carry Forward 103,100 &nbsp; City Council &nbsp;9 &ndash;&nbsp;12 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Accounting Unit Department Project Activity # Fund Description Project Description Project Status Carry Forward Up To Amount 06017641 Public Works N/A WATER CNG WATER TANK TRUCK Encumbrance Carry Forward 280,300 06017645 Public Works N/A WATER CHEVROLET TRAVERSE Encumbrance Carry Forward 32,000 06017645 Public Works N/A WATER CHEVROLET COLORADO Encumbrance Carry Forward 155,900 06017645 Public Works N/A WATER Pre -paid Payment Services Lease for Invoice Cloud Kiosk Project started but not completed 57,900 06017646 Public Works N/A WATER CHEVROLET SILVERADO 250OHD TRUCK Encumbrance Carry Forward 69,900 06817640 Public Works N/A SANITATION FUND CHANGE ORDER 1 Encumbrance Carry Forward 8,700 06817640 Public Works N/A SANITATION FUND PALFINGER GRAPPLE TRUCK Encumbrance Carry Forward 310,500 06817640 Public Works N/A SANITATION FUND CHEVROLET 350OHD TRUCK W STD CAB Encumbrance Carry Forward 370,000 06817640 Public Works N/A SANITATION FUND FORD F550 SD STAKE BED TRUCK Encumbrance Carry Forward 251,400 06817640 Public Works N/A SANITATION FUND Purchase of Heavy Equipment/Vehicles Project started but not completed 314,100 06817641 Public Works N/A SANITATION FUND MINI STREET SWEEPER Encumbrance Carry Forward 20,100 06817641 Public Works N/A SANITATION FUND City Yard Admin floor renovations with ADA upgrades Project started but not completed 500,000 06917640 Public Works N/A REFUSE COLLECTION SERVICE SOLID WASTE CONSULTING SERVICE Encumbrance Carry Forward 34,200 06917640 Public Works N/A REFUSE COLLECTION SERVICE RECYCLING EDU PROGRAM Encumbrance Carry Forward 67,500 06917640 Public Works N/A REFUSE COLLECTION SERVICE FORD ESCAPE Encumbrance Carry Forward 30,200 07017100 Public Works N/A EQUIPMENT REPLACEMENT FORD SUPER DUTY F450XL CHASSIS Encumbrance Carry Forward 40,800 07017100 Public Works N/A EQUIPMENT REPLACEMENT FORD INTERCEPTOR UTILITY Encumbrance Carry Forward 42,300 07017100 Public Works N/A EQUIPMENT REPLACEMENT FORD POLICE INTERCEPTORS Encumbrance Carry Forward 742,300 07017100 Public Works N/A EQUIPMENT REPLACEMENT FORD INTERCEPTOR UTILITY Encumbrance Carry Forward 126,700 07017100 Public Works N/A EQUIPMENT REPLACEMENT BMW R 1250 RT-P MOTORCYCLE Encumbrance Carry Forward 30,200 07017100 Public Works N/A EQUIPMENT REPLACEMENT ELECTRIC UTILITY GOLF CART Encumbrance Carry Forward 20,000 07017100 Public Works N/A EQUIPMENT REPLACEMENT ELECTRIC UTILITY GOLF CART Encumbrance Carry Forward 28,400 07017100 Public Works N/A EQUIPMENT REPLACEMENT HYDRAULIC HAMMER Encumbrance Carry Forward 15,100 07017100 Public Works N/A EQUIPMENT REPLACEMENT FORD TRANSIT CONNECT WAGON Encumbrance Carry Forward 35,200 07017100 Public Works N/A EQUIPMENT REPLACEMENT TORO GTX ELECTRIC CART Encumbrance Carry Forward 75,800 08009052 Human Resources N/A LIABILITY AND PROPERTY INS FND Contract for Learning Management System Project started but not completed 92,300 08209052 Human Resources N/A WORKERS COMPENSATION FUND Contract for Learning Management System Project started but not completed 46,200 08209052 Human Resources N/A WORKERS COMPENSATION FUND Completion of Phone Headsets purchase Project started but not completed 6,700 10117601 Public Works N/A PUB WKS-ADMIN & PLANNING Furniture Purchase Project started but not completed 188,000 10117601 Public Works N/A PUB WKS-ADMIN & PLANNING Indirect Cost Rate Proposal Project started but not completed 187,600 10920149 Information Technology N/A INFORMATION TECHNOLOGY REPLACE 15 TN & 10 TN CRAC UNITS Encumbrance Carry Forward 232,300 10920149 Information Technology N/A INFORMATION TECHNOLOGY REPAIR SERVICE:EATON 93PM SERIES Encumbrance Carry Forward 101,800 10920149 Information Technology N/A INFORMATION TECHNOLOGY EQUIPMENT: HPE DHCI Encumbrance Carry Forward 387,900 10920149 Information Technology N/A INFORMATION TECHNOLOGY Business License Tax Software Project started but not completed 250,000 10920149 Information Technology N/A INFORMATION TECHNOLOGY Business License Tax Software Project started but not completed 50,000 12217331 Public Works N/A EMERGENCY AND HEALTH GRANTS CATERPILLAR C13 DIESEL GENERATOR Encumbrance Carry Forward 236,300 12217331 Public Works N/A EMERGENCY AND HEALTH GRANTS CATERPILLAR C13 DIESEL GENERATOR Encumbrance Carry Forward 58,300 12218715 Community Development Various EMERGENCY AND HEALTH GRANTS HHAP GRANT Project started but not completed 1,023,900 12218716 Community Development Various EMERGENCY AND HEALTH GRANTS HHAP-2 GRANT Project started but not completed 1,123,200 12318748 Community Development 227001 WORKFORCE INNOV AND OPP ACT 12318748 WDB ADMIN Encumbrance Carry Forward 3,100 12318750 Community Development 217002 WORKFORCE INNOV AND OPP ACT 12318750 WDB YOUTH COUNCIL Encumbrance Carry Forward 36,100 12318750 Community Development 227002 WORKFORCE INNOV AND OPP ACT 12318750 WDB YOUTH COUNCIL Encumbrance Carry Forward 154,400 12318756 Community Development 227007 WORKFORCE INNOV AND OPP ACT 12318756 ONE STOP RAPID Encumbrance Carry Forward 2,500 12318756 Community Development 227007 WORKFORCE INNOV AND OPP ACT TABLE COVER & RETRACTABLE BANNER Encumbrance Carry Forward 1,300 12318762 Community Development Various WORKFORCE INNOV AND OPP ACT National DLW Employment Recovery COVID-19 Funds Project end date 03/31/2023 75,600 12318 various Community Development Various WORKFORCE INNOV AND OPP ACT WIOA Grant Program Project end date is 06/30/2023 752,400 12418750 Community Development 237103 ORANGE COUNTY GRANTS 12418811 OC SA BIF PROGRAM Project started but not completed 12,700 12418811 Community Development 237103 ORANGE COUNTY GRANTS 12418811 OC SA BIF PROGRAM Project started but not completed 1,200,000 12814414 Police Department N/A LAW ENFORCEMENT GRANTS CHILDRENS HYGIENE KIT Encumbrance Carry Forward 300 12814414 Police Department N/A LAW ENFORCEMENT GRANTS FREIGHT Encumbrance Carry Forward 1,200 &nbsp; City Council &nbsp;9 &ndash;&nbsp;13 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Accounting Unit Department Project Activity # Fund Description Project Description Project Status Carry Forward Up To Amount 12814414 Police Department N/A LAW ENFORCEMENT GRANTS SHELTER CART KIT Encumbrance Carry Forward 13,400 13018780 Community Development Various HOME PROGRAM FEDERAL GRANT Home Grant Program Grant Year 2018; period of performance ends 8/2026 1,660,400 13018780 Community Development Various HOME PROGRAM FEDERAL GRANT Home Grant Program Grant Year 2019; period of performance ends 8/2027 1,735,000 13018780 Community Development Various HOME PROGRAM FEDERAL GRANT Home Grant Program Grant Year 2020; period of performance ends 8/2028 2,153,300 13018780 Community Development Various HOME PROGRAM FEDERAL GRANT Home Grant Program Grant Year 2021; period of performance ends 8/2029 1,726,700 13518780 Community Development 227502 COMMUNITY DEV BLOCK GRANT/ESG FAIR HOUSING COUNCIL OF ORANGE COUNTY Encumbrance Carry Forward 7,700 13518780 Community Development 227500 COMMUNITY DEV BLOCK GRANT/ESG MDG ASSOCIATES INC Encumbrance Carry Forward 30,200 13518780 Community Development 227501 COMMUNITY DEV BLOCK GRANT/ESG MDG ASSOCIATES INC Encumbrance Carry Forward 200 13518780 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Year 2021; period of performance ends 126,000 13518782 Community Development 227531 COMMUNITY DEV BLOCK GRANT/ESG HABITAT FOR HUMANITY Encumbrance Carry Forward 300,600 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Year 2018; period of performance ends 10,700 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Year 2019; period of performance ends 534,000 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Year 2020; period of performance ends 168,800 13518782 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Year 2021; period of performance ends 68,300 13518783 Community Development 227509 COMMUNITY DEV BLOCK GRANT/ESG BOYS & GIRLS CLUBS OF CENTRAL ORANGE COAST Encumbrance Carry Forward 7,300 13518783 Community Development 227516 COMMUNITY DEV BLOCK GRANT/ESG DELHI COMMUNITY CENTER Encumbrance Carry Forward 4,500 13518783 Community Development 227515 COMMUNITY DEV BLOCK GRANT/ESG DELHI COMMUNITY CENTER Encumbrance Carry Forward 12,700 13518783 Community Development 227517 COMMUNITY DEV BLOCK GRANT/ESG GIRLS INCORPORATED OF ORANGE COUNTY Encumbrance Carry Forward 25,400 13518783 Community Development 227511 COMMUNITY DEV BLOCK GRANT/ESG COMMUNITY HEALTH INITIATIVE Encumbrance Carry Forward 19,300 13518783 Community Development 227522 COMMUNITY DEV BLOCK GRANT/ESG ORANGE COUNTY CHILDRENS THERAPEUTIC ARTS CENTER Encumbrance Carry Forward 12,900 13518783 Community Development 227518 COMMUNITY DEV BLOCK GRANT/ESG HUMAN OPTIONS INC Encumbrance Carry Forward 14,500 13518783 Community Development 227510 COMMUNITY DEV BLOCK GRANT/ESG COMMUNITY ACTION PARTNERSHIP Encumbrance Carry Forward 26,800 13518783 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Year 2018; period of performance ends 31,300 13518783 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Year 2019; period of performance ends 375,700 13518783 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Year 2020; period of performance ends 1,740,100 13518783 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Year 2021; period of performance ends 345,100 13518785 Community Development 227607 COMMUNITY DEV BLOCK GRANT/ESG WISE PLACE INC Encumbrance Carry Forward 27,900 13518785 Community Development 227605 COMMUNITY DEV BLOCK GRANT/ESG MERCY HOUSE LIVING CENTERS Encumbrance Carry Forward 2,400 13518785 Community Development 227606 COMMUNITY DEV BLOCK GRANT/ESG MERCY HOUSE LIVING CENTERS Encumbrance Carry Forward 47,200 13518785 Community Development 227603 COMMUNITY DEV BLOCK GRANT/ESG INTERVAL HOUSE Encumbrance Carry Forward 22,500 13518788 Community Development 219508 COMMUNITY DEV BLOCK GRANT/ESG FAMILIES FORWARD INC Encumbrance Carry Forward 17,700 13518788 Community Development 219507 COMMUNITY DEV BLOCK GRANT/ESG MOMS ORANGE COUNTY Encumbrance Carry Forward 7,200 13518788 Community Development 219500 COMMUNITY DEV BLOCK GRANT/ESG MDG ASSOCIATES INC Encumbrance Carry Forward 3,700 13518788 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Community Development Block Grant Year 2020; Period of performance ends 646,000 13518789 Community Development 217613 COMMUNITY DEV BLOCK GRANT/ESG THE SALVATION ARMY Encumbrance Carry Forward 1,059,800 13518789 Community Development 217615 COMMUNITY DEV BLOCK GRANT/ESG THE ILLUMINATION FOUNDATION Encumbrance Carry Forward 576,700 13518789 Community Development 227750 COMMUNITY DEV BLOCK GRANT/ESG PROTECTION AMERICA, INC. Encumbrance Carry Forward 7,300 13518789 Community Development 227608 COMMUNITY DEV BLOCK GRANT/ESG THE SALVATION ARMY Encumbrance Carry Forward 638,200 13518789 Community Development 217610 COMMUNITY DEV BLOCK GRANT/ESG MDG ASSOCIATES INC Encumbrance Carry Forward 2,200 13518789 Community Development 227609 COMMUNITY DEV BLOCK GRANT/ESG FAMILIES FORWARD INC Encumbrance Carry Forward 81,200 13518789 Community Development Various COMMUNITY DEV BLOCK GRANT/ESG Emergency Solutions Grant - CV Grant Year 2020; Period of performance ends 1,692,200 14018760 Community Development N/A HOUSING AUTHORITY -VOUCHER ADM SUBSCRIPTION: SMARTVAULT PLAN Encumbrance Carry Forward 5,000 14218760-2 Community Development N/A NSP FEDERAL GRANT NEIGHBORHOOD STABILIZE PRGM 1-3 Project underway - Carry Forward 1,644,000 14518760 Community Development 227700 RENTAL REHABILITATION GRANT Westview House LP - Affordable Housing Project Loan 10% of loan proceeds held back until after 38,700 15818700 Community Development 217763 PLANNING GRANTS PROGRAM 15818700 PLHA Project started but not completed 138,400 16217600 Public Works 216467 ENERGY CONSERVATION PROGRAM Microgrid Feasibility Study Project is active 104,900 16514414 Police Department 224505 OFFICE OF SAFETY GRANT OFFICE OF TRAFFIC SAFETY (OTS) CFs are for FY 21-22 grant agreement and will be 133,700 16517611 Public Works 226984 OFFICE OF SAFETY GRANT OFFICE OF TRAFFIC SAFETY (OTS) Consultant Encumbrance Carry Forward 44,700 16517611 Public Works 226984 OFFICE OF SAFETY GRANT OTS BICYCLE & FED SAFETY EDU CFs are for FY 21-22 grant agreement and will be spent by 9/30/2022. 20,000 16913265 Parks & Recreation N/A RECREATION GRANTS FUND NRPA Health Grant Until funds are expensed 4,100 &nbsp; City Council &nbsp;9 &ndash;&nbsp;14 9/20/2022 &nbsp; List of Requests to Carryover Unspent Appropriations FY21-22 Balances to FY22-23 As of August 5, 2022 Accounting Unit Department Project Activity # Fund Description Project Description 17718700 Community Development Various EMERGENCY RENTAL ASSISTANCE PG Emergency Rental Assistance 17718701 Community Development 227753 EMERGENCY RENTAL ASSISTANCE PG Emergency Rental Assistance- 2 17718701 Community Development Various EMERGENCY RENTAL ASSISTANCE PG Emergency Rental Assistance- 2 17718702 Community Development Various EMERGENCY RENTAL ASSISTANCE PG Emergency Rental Assistance 2 - State 17803011 City Manager None COVID-19 RESPONSE Health and Equity Literacy 17918760 Community Development N/A ARPA EHV HAP American Rescue Plan Act (ARPA) - EHVC HAP 18018760 Community Development N/A ARPA EHV ADMIN FEES American Rescue Plan Act (ARPA) - EHVC ADMIN FEES 18218780 Community Development N/A HOME -ARP PROGRAM FEDERAL GRANT Home -American Rescue Plan 31213260 Parks & Recreation 222752 RESIDENTIAL DEVELOP DISTRICT 2 FIELDTURF REPLACMENT 31213260 Parks & Recreation 222753 RESIDENTIAL DEVELOP DISTRICT 2 SCOREBOARD AND SOUND SYSTEM 41718820 Community Development 227750 CDA INCLUSIONARY HOUSING FEE COMMERCIAL WASHER & DRYER - GAS 41718820 Community Development 227750 CDA INCLUSIONARY HOUSING FEE KOROGUARD INSTALLATION 41718820 Community Development 227750 CDA INCLUSIONARY HOUSING FEE PRESSURE WASHING SERVICES 41718820 Community Development 167751 CDA INCLUSIONARY HOUSING FEE Housing Opportunity Ordinance 41718820 Community Development 217752 CDA INCLUSIONARY HOUSING FEE WISEPLACE 41718820 Community Development N/A CDA INCLUSIONARY HOUSING FEE Loans and Grants for Inclusionary Housing Summary by Department Carry Forward Department Up To Amount City Attorney 514,100 City Manager 7,755,800 Clerk of the Council 100,000 Community Development 55,914,000 Finance 1,626,500 Fire -Fire Stations 1,050,000 Human Resources 2,138,600 Information Technology 6,399,300 Library 10,982,200 Non -Departmental 69,000 Parks & Recreation 54,840,100 Planning & Building 1,142,700 Police Department 4,183,500 Public Works 272,170,300 Grand Total 418,886,100 Carry Forward Project Status Up To Amount Project started but not completed 90,600 Encumbrance Carry Forward 952,800 Project started but not completed 519,100 Project started but not completed 7,310,500 Planned completion date of 6/30/2023 3,862,300 Project underway - Carry Forward 1,184,700 Project underway - Carry Forward 184,900 Grant Year 2021; period of performance ends 9/2030 6,167,100 Encumbrance Carry Forward 542,800 Encumbrance Carry Forward 377,400 Encumbrance Carry Forward 3,100 Encumbrance Carry Forward 84,900 Encumbrance Carry Forward 6,000 Encumbrance Carry Forward 4,200 Encumbrance Carry Forward 11,600 Project started but not completed 1,328,400 Subtotal for All Other Funds 95,236,600 Grand Total for Carry Forward 418,886,100 Summary by Cateeory Carry Forward Category Up To Amount Computer Software 747,200 Construction in Progress 292,382,200 Contract Services 2,351,000 Equipment 11,854,600 Furniture 452,600 Interfund Transfers 39,097,000 Supplies 188,600 Traffic Signal Maintenance 125,000 Various Grant Programs 71,687,900 Grand Total 418,886,100 &nbsp; City Council &nbsp;9 &ndash;&nbsp;15 9/20/2022 &nbsp; EXHIBIT 2 List of Requests to Carryover Unspent Appropriations by Fund FY21-22 Balances to FY22-23 As of August 5, 2022 FY21-22 Available Balance as of Carry Forward Fund Fund Name Budget Expenditures August 05, 2022 Up To Amount 011 General Fund - City Manager 2,774,200 2,332,031 442,169 290,000 011 General Fund - Council Support 879,280 518,132 361,148 100,000 011 General Fund - City Attorney 3,049,220 2,412,317 636,903 25,000 011 General Fund - Finance 11,253,390 9,176,033 2,077,357 1,223,700 011 General Fund - Library Services 6,808,530 5,519,131 1,289,399 931,700 011 General Fund - Recreation & Community Services 26,171,661 21,848,541 4,323,120 2,429,500 011 General Fund - Police Department 141,141,700 137,164,536 3,977,164 3,291,000 011 General Fund - Fire Department 53,293,690 50,618,773 2,674,917 1,050,000 011 General Fund - Planning & Building 16,457,606 14,296,016 2,161,590 502,300 011 General Fund - PWA 27,630,553 15,290,050 12,340,503 11,536,300 011 General Fund - Community Development 6,225,243 3,587,640 2,637,603 1,475,500 012 Cannabis Set -Aside - Library 2,000,000 533,263 1,466,737 1,466,100 012 Cannabis Set -Aside - Parks, Rec, & Comm Sery 20,888,149 3,426,150 17,461,999 17,461,900 012 Cannabis Set -Aside - Planning & Building 1,023,970 487,903 536,067 157,200 022 PRCSA FEES & DONATION 1,218,500 242,764 975,736 948,800 029 SPECIAL GAS TAX 41,220,538 13,038,361 28,182,177 27,243,500 031 AIR QUALITY IMPR. (AB 2766) 1,737,511 373,956 1,363,555 73,700 032 MEASURE M-STREET CONSTRUCTION 58,062,222 12,190,909 45,871,313 45,923,900 034 NEW TRANSPO SYS IMPR AREA E 1,408,900 117,665 1,291,235 1,291,400 035 NEW TRANSPO SYS IMPR AREA F 1,354,008 150,854 1,203,154 1,203,300 051 CAPITAL OUTLAY FUND 5,659,223 1,544,762 4,114,461 4,103,200 054 SANITARY SEWER CAPITAL 20,543,787 4,970,499 15,573,288 13,089,500 055 SEWER CONNECTION FEE 11,314,395 2,380,914 8,933,481 7,947,400 056 SANITARY SEWER SERVICE 9,760,888 7,916,937 1,843,951 355,400 057 FED CLEAN WATER PROTECTION ENT 6,055,711 4,258,824 1,796,887 1,550,600 059 SELECT STREET CONSTRUCTION 43,936,832 6,704,066 37,232,766 33,675,800 060 WATER REVENUE 111,753,649 58,146,481 53,607,168 19,608,000 066 ACQUISITION & CONSTRUCTION 44,159,540 12,722,498 31,437,042 43,639,800 068 SANITATION FUND 9,433,235 5,836,134 3,597,101 1,774,800 069 REFUSE COLLECTION SERVICE 18,398,527 14,533,908 3,864,619 131,900 070 EQUIPMENT REPLACEMENT 2,396,767 1,239,962 1,156,805 1,156,800 080 LIABILITY AND PROPERTY INS FND 18,924,436 14,969,684 3,954,752 2,061,800 082 WORKERS COMPENSATION FUND 10,019,652 8,030,143 1,989,509 52,900 101 PUB WKS-ADMIN & PLANNING 8,844,271 7,529,718 1,314,554 375,600 109 INFORMATION TECHNOLOGY 14,936,507 8,941,431 5,995,076 1,022,000 122 EMERGENCY AND HEALTH GRANTS 12,625,466 8,302,402 4,323,064 2,441,700 123 WORKFORCE INNOV AND OPP ACT 3,381,736 2,222,583 1,159,152 1,025,400 124 ORANGE COUNTY GRANTS 2,579,053 1,145,042 1,434,011 1,212,700 128 LAW ENFORCEMENT GRANTS 949,328 636,753 312,575 14,900 130 HOME PROGRAM FEDERAL GRANT 9,404,984 2,129,823 7,275,161 7,275,400 135 COMMUNITY DEV BLOCK GRANT 23,535,793 11,418,189 12,117,604 11,606,100 140 HOUSING AUTHORITY -VOUCHER ADM 4,292,159 3,450,886 841,273 5,000 142 NSP FEDERAL GRANT 1,651,942 7,928 1,644,014 1,644,000 145 RENTAL REHABILITATION GRANT 398,000 347,871 50,129 38,700 147 FEDERAL AID SAFETY PROGRAM 1,271,068 264,457 1,006,611 949,200 148 TRAFFIC SYSTEM MGMT GRANT 35,266,289 4,830,290 30,435,999 30,933,100 158 PLANNING GRANTS PROGRAM 41048,606 2,972,305 1,076,301 138,400 161 PRCSA CAPITAL GRANTS 7,516,725 1,137,013 6,379,712 6,379,900 162 ENERGY CONSERVATION PROGRAM 182,948 78,141 104,807 104,900 164 PUB WKS-WTR QUALITY & CONTROL 13,079,486 2,106,236 10,973,250 10,973,400 165 OFFICE OF SAFETY GRANT 857,970 654,583 203,387 198,400 169 RECREATION GRANTS FUND 305,667 128,428 177,239 4,100 177 EMERGENCY RENTAL ASSISTANCE PG 29,915,216 21,041,563 8,873,653 8,873,000 178 COVID-19 RESPONSE 4,000,000 137,782 3,862,219 3,862,300 179 ARPA EHV HAP 1,316,892 132,291 1,184,601 1,184,700 180 ARPA EHV ADMIN FEES 488,616 56,508 432,108 184,900 (A) (B) (C) City Council 9 - 16 9/20/2022 List of Requests to Carryover Unspent Appropriations by Fund FY21-22 Balances to FY22-23 As of August 5, 2022 FY21-22 Fund Fund Name Budget Expenditures Available Balance as of Carry Forward August 05, 2022 Up To Amount 181 AMERICAN RESCUE PLAN ACT(ARPA) 64,032,675 11,839,726 52,192,949 50,304,800 182 HOME -ARP PROGRAM FEDERAL GRANT 6,183,914 16,817 6,167,097 6,167,100 223 LOCAL DRAINAGE AREA III 39,226 617 38,609 38,700 224 LOCAL DRAINAGE AREA IV 427,272 167,346 259,926 260,100 301 REC/COMM SVS 127,458 653 126,805 126,900 311 RESIDENTIAL DEVELOP DISTRICT 1 2,470,687 546,512 1,924,175 1,924,300 312 RESIDENTIAL DEVELOP DISTRICT 2 4,212,228 934,102 3,278,126 3,278,700 313 RESIDENTIAL DEVELOP DISTRICT 3 8,460,641 785,005 7,675,636 7,132,600 314 RESIDENTIAL DEVELOP DISTRICT 4 48,664 - 48,664 48,700 417 CDA INCLUSIONARY HOUSING FEE 7,006,143 2,456,232 4,549,911 4,549,600 418 CDA CAPITAL PROJECTS 7,816,086 4,150,228 3,665,858 3,666,000 992 TRAN SYS IMP AUTAREA B 3,556,177 388,177 3,168,000 3,168,100 Total 1,022,185,404 537,537,474 484,647,930 418,886,100 Notes: (A) Adjustment made to reduce expenditures subsequent to 8/5/22. Enough balance available for carryover. (B) Projects are funded by Water Revenue Fund. Water Revenue Fund has enough balance available for carryover. (C) Adjustment made to reduce expenditures subsequent to 8/5/22. Enough balance available for carryover. City Council 9 — 17 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Santa Anita Park Improvements and New Synthetic Soccer Field AGENDA TITLE Approve Additional Contingency Funds in the Amount of $5,000,000 for an Existing Construction Contract with Byrom -Davey Inc. for the Santa Anita Park Improvements including New Synthetic Soccer Field and Community Center Renovations with an Estimated Project Delivery Cost of $14,513,011.30 (Project No. 19-7527) (Non -General Fund) (Revive Santa Ana Program) RECOMMENDED ACTION 1. Approve an amendment to the Project Cost Analysis in the amount of $5,000,000 in additional contingency funds for a total estimated construction delivery cost of $14,513,011.30, which includes $7,317,701.00 for the construction contract; $731,770.10 for contract administration, inspection and testing; and a $6,463,540.20 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $5,000,000 in construction funds for Santa Anita Park Improvements and New Synthetic Soccer Field (Project No. 19-7527). DISCUSSION On July 19, 2022, the City Council authorized the award of a construction contract to Byrom -Davey, Inc. for the total park renovation that includes a new synthetic turf soccer field, new sports lighting, built-in concrete bleachers incorporated into the grass slopes, 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). The project is currently under construction and additional improvements have been identified that surpass the existing contingency of $1,463,540.20. To capitalize on the favorable pricing of the existing contract with Byrom - Davey, Inc., staff recommends increasing the project contingency by $5,000,000.00 to renovate the park community center in addition to previously contracted work. The recommended action will increase the project contingency by an additional $5,000,000, for an amended project contingency of $6,463,540.20, thereby increasing City Council 10 — 1 9/20/2022 Approve Additional Contingency Funds for Santa Anita Park New Synthetic Soccer Field and Park Improvements September 20, 2022 Page 2 the total estimated construction delivery cost to $14,513,011.30, as indicated in the Cost Analysis (Exhibit 2) and as summarized in the table below: EXPENDITURE ORIGINAL ADDITIONAL NEW TOTAL CATEGORY AMOUNT FUNDING Construction Contract $7,317,701.00 $7,317,701.00 Construction Administration, $731,770.10 $731,770.10 Inspection, Testing Contingencies $1,463,540.20 $5,000,000.00 $6,463,540.20 Total $9,513,011.30 $5,000,000.00 $14,513,011.30 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 $14,513,011.30, 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. On July 19, 2022, the City Council approved Appropriation Adjustments totaling $1,617,593.00 as part of the funding for these projects. The funds are budget and available for expenditure in current Fiscal Year 2022-23 capital budget. On August 2, 2022, the City Council approved the updated $128,360,000 Revive Santa Ana Spending Plan and an appropriation adjustment to authorize spending from the federal American Rescue Plan Act (ARPA). Of this amount, $5,000,000 is to be allocated for Santa Anita Park community center renovations. Funding for these projects in the amount of $2,942,540 was approved for expenditure in the Fiscal Year 2022-23 Council approved capital budget. The funding of $4,952,878.30 for these projects was appropriated in prior fiscal years' capital budget. As part of the citywide budget carry -forward process, the request will be submitted to the Finance Department for these funds to be carried forward into Fiscal City Council 10 — 2 9/20/2022 Approve Additional Contingency Funds for Santa Anita Park New Synthetic Soccer Field and Park Improvements September 20, 2022 Page 3 Year 2022-23. The carry -forward is a citywide effort and is compiled with requests from various departments. It will be presented for City Council approval under a separate agenda item. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Accounting Fund Accounting Unit - YearUnit Year Description Account No. Amount - Account No. Description Project No. Existing Project Budget Acquisition Residential 2022-23 31113260-66220 and Development District 1, $2 769,224.00 (19-7527) Developme Improvements Other nt- District 1 Than Building Acquisition Residential 2022-23 31413260-66220 and Development District 4, $570,417.00 (19-7527) Developme Improvements Other nt- District 4 Than Building 2022-23 16113269-66220 PRCSA- 2018 Park Bonds Act -Improvements $177,952.00 (19-7527) Capital Other Than Building Grants 2002 Resources 2022-23 16113268-66220 PRCSA- Bond Act, $1,000,000.00 (19-7527) Capital Improvements Other Grants Than Building Community 2022-23 13518783-66220 Community Development Block Grant Programs, $511,839.49 (19-7527) Developme Improvements Other nt Block Than Building Grant 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 (23-7533) Development Grant Programs, $800,000.00 Block Grant Improvements Other Than Building City Council 10 — 3 9/20/2022 Approve Additional Contingency Funds for Santa Anita Park New Synthetic Soccer Field and Park Improvements September 20, 2022 Page 4 Cannabis PRCSA Youth 2022-23 01213020-66220 Public Benefit Services, $3,083,578.81 (21-2745) Fund Improvements Other Than Building Total $9,513,011.30 Additional Funding American American Rescue Plan 2022-23 18117013-66200 Rescue Plan Act-PWA — Reserve (TBD) Act of 2021 Appropriation $5,000,000.00 (ARPA) Grand Total $14,513,011.30 EXHIBIT(S) 1. Location Map 2. Cost Analysis 3. FY 2021-22 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 10 — 4 9/20/2022 SANTAANA Project No. 19-7527 PW1 Santa Anita Park New Synthetic Soccer Field & Park Improvements PUBLIC WORKS AGENCY EXHIBIT 2 COST ANALYSIS CONSTRUCTION OF PROJECT NO 19-7527: Santa Anita Park New Synthetic Soccer Field & Park Improvements Construction Contract $ 7,317,701.00 Contract Administration, Inspection and Testing $ 731,770.10 Contingencies $ 1,463,540.20 Additional Contingencies $ 5,000,000.00 Contingencies $14,513,011.30 City Council 10 — 6 9/20/2022 EXHIBIT 3 PROJECT TITLE: Santa Anita Park Improvement Project PROJECT CATEGORY: City & Park Facility Improvements Park Facility I LOCATION MAP CITY OF SANTA ANA FY 22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: 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 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, new basketball court, new play equipment, parking lot expansion, new concrete walkways, new site lighting, new landscape and irrigation. PROJECT COSTS FY 22/23 Construction 7,317,701 Contingency 6,463,540 Engineering 731,770 Planning 409,604 TOTAL 14,922,615 SOURCE OF FUNDS L FY 22/23 A & D District 1 3,339,641 ARPA Funds 5,000,000 CA Capital Grant 1,177,952 Cannabis 3,083,795 CDBG Programs 2,321,227 TOTAL 14,922,615 AGENCY: DIVISION: IParks, Rec. & Community Services Administration PROJECT NEED: PRCSA regulates the amount of play on Santa Anita grass sports field in order to maintain the turf and prevent it from becoming a dirt field. With the lack of sports fields in the City, the installation of synthetic turf will help increase the amount of play on the field. The sports field already has sports lighting and is completely fenced. The field is used for youth soccer. The perimeter of the field will be planted with drought tolerant landscaping to help reduce water usage. FY 23124 FY 24/25 FY 25/26 FY 26/27 27/28 FY 28/29 FY 23/24 FY 24125 FY 25/26 FY 26/27 27/28 FY 28/29 CONTACT: Mike Ortiz, Senior Civil Engineer City Council 10 — 7 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Approve an Appropriation Adjustment, Amend CIP, and Award Construction Contract for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project AGENDA TITLE Approve an Appropriation Adjustment, Approve an Amendment to the FY 2022-23 Capital Improvement Program, and Award a Construction Contract to EBS General Engineering, Inc. in the Amount of $1,066,714.35 for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, with an Estimated Project Delivery Cost of $1,386,728.65 (Project No. 21-2740) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $497,925.15 of prior year fund balance in the Park Acquisition and Development (District 3), Prior Year Carryforward revenue account and appropriate the same amount to the Park Acquisition and Development (District 3), Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the FY 2022-23 Capital Improvement Program to include $497,925.15 in construction funds for the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project (Project No. 21-2740). 3. Award a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,066,714.35, for construction of the Flower Street Bike Trail Renovation from Crossover (South of Dyer) to Warner Avenue Project, for the term beginning September 20, 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 $1,386,728.65, which includes $1,066,714.35 for the construction contract, $160,007.15 for contract administration, inspection and testing, and a $160,007.15 project contingency for unanticipated or unforeseen work. City Council 11 — 1 9/20/2022 EBS General Engineering, Inc. September 20, 2022 Page 2 DISCUSSION The City wishes to undertake improvements along the Flower Street Bike Trail between Warner Avenue and the Railroad Crossover (South of Dyer Road). There is damage to this section of the trail caused by tree roots cracking and uplifting the surface. Improvements include installation of a three-inch layer of asphalt, tree root maintenance, new pedestrian lighting, and signage and striping. Once complete, this newly repaved bike trail will help encourage the community to activate this newly renovated space that connects to the southern City limits. In order to complete the project, the City is requesting an appropriation adjustment to funds received in prior years for park acquisition and development fees in District 3, the section of the City that is south of First Street and east of Bristol Avenue. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 250 regional vendors via PlanetBids, many of which are Santa Ana based. Four vendors requested bidding documents, and a total of four bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 16 and June 23, of 2022. The project was also advertised in PlanetBids from June 9, 2022 through June 30, 2022. Bids were received electronically via PlanetBids on June 30, 2022. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 EBS General Engineering Inc. Corona $1,066,714.35 2 MBC Enterprises Inc. Westminster $1,202,701.25 3 All American Asphalt Corona $1,245,060.00 4 Excel Paving Co Long Beach $1,248,787.00 A total of four bids were received, and all were deemed responsive. EBS General Engineering, Inc. submitted the lowest responsive base bid in the amount of $1,066,714.35 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to EBS General Engineering, Inc., in the amount of the base bid totaling $1,066,714.35 (Exhibit 3). EBS General Engineering, Inc. has worked on various projects for the City of Santa Ana throughout the last several years. The most recent projects are Maple Bike Trail Safety City Council 11 —2 9/20/2022 EBS General Engineering, Inc. September 20, 2022 Page 3 Enhancements Phase II, Gas Tax Local Street Improvements FY 19/20, Residential street repairs, and Westminster Avenue between Harbor Boulevard and Fairview Street. 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 $1,386,728.65. Project Item Total Construction Contract $1,066,714.35 Construction Administration, Inspection, Testing $160,007.15 Contingencies $160,007.15 TOTAL CONSTRUCTION DELIVERY COST $1,386,728.65 Approval of this item will amend the FY 2022-23 Capital Improvement Program to include the Flower Street Bike Trail Renovation Project (Exhibit 5). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-126 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,386,728.65, which includes construction, contract administration, inspection, testing, and an authorized contingency. Funds for the existing budget associated with the project were appropriated in Fiscal Year 2021-22. However, 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 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. Upon approval of the appropriation adjustment funding will be available in the amount of $497,925.15 from prior year fund balance in the Parks Acquisition and Development (District 3), Prior Year Carryforward revenue account (No. 31313002-52001) and City Council 11 —3 9/20/2022 EBS General Engineering, Inc. September 20, 2022 Page 4 appropriate the same amount the Parks Acquisition and Development (District 3), Improvements Other Than Building expenditure account (No. 31313260-66220) The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed. Fiscal Accounting Unit - Fund Accounting Unit - Y Year Account No. Description Account No. Amount (Project No.) Description Appropriation Adjustment Residential Acquisition and 2022-23 31313260-66220 Development Development, $497,925.15 (21-2740) District 3 Improvements Other Than Building Existing Project Budget Residential Acquisition and 2021-22 31313260-66220 Development Development, $888803.50 (21-2740) District 3 Improvements Other Than Building Total $1,386,728.65 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Project Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 11 —4 9/20/2022 o sue■ = il. S 4T Z 1 11 2 's m a* wJ "! LIs Mi =0Z �1 m ww #ice A■ M MM MW qWr7 'MI1 w e■ CC ii M� ifm � [7 M1 i MM I-h ra mm * w i im - Cam L'. = �3 rJ �a 1101 mm a3b Ow aJa� i iI MW �i i it r:; � w n a■�I awr r a■ r ilk it �a yl L ; Cw cif �.� aJ� terra xw zz i 1fE� �� miry aor r 1• rri aria aaJar L- "F � 'tea FIYar = #i ry Rae ■� F IMMI MW7� li9 F�� �i i■�1 �1ta� 22 IM w M W a �-. �� w i i! Jra'I Its■ tt rWAL i Fill ZZ *>t.! � �i31 i i to rw■m mm 1 �M F,W iI• i i ii MW ftw IN= MM Im ii MW MfaL iw Fa w mum -am F i mm i� MVMj MW ME i ! � k Juo iM M14 i MM MW Up mm MEW MW MW ww- s IL ., mm wr= +Rim ■ M CNN. MIL �� M m M W Z4V wmr M . 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City Council C4V 11 —5 © 2012-2017 Digital Map Products. All rights reserved. 9/20/2022 1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 132 CY $ $ 325.00 42,900.00 2 Clearing and Grubbing 1 LS $ $ 59,650.00 59,650.00 3 Import Soil* 230 CY $ $ 125.00 28,750.00 4 Asphalt Concrete 671 TN $ $ 190.00 127,490.00 5 PCC Curb and Gutter (A-2-8) 100 LF $ $ 90.00 9000.00 6 Root Shave* 18 EA $ $ 785.00 14,130.00 7 Concrete Slab 30 SF $ $ 60.00 1800.00 8 Redwood Header — 2"x10" 6,014 LF $ $ 20.65 124,189.10 9 PCC Curb Ramp 300 SF $ $ 24.15 7245.00 10 PCC Sidewalk (T=4") 197 SF $ $ 18.25 3595.25 11 Furnish and Install New #6 Pullbox I EA $ $ 2360.00 2360.00 12 Pedestrian Lighting I LS $ $ 620,000.00 620,000.00 13 Signing and Striping I LS $ $ 10,955.00 10,955.00 14 Orange County Flood Control I LS $ $ District Requirements Permit 1250.00 1250.00 City Council 11 — 6 9/20/2022 P-6 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION ADDENDUM No. ONE PROJECT 21-2740 Item Description Qty Unit Unit Price Amount 15 Construction Sign 2 EA $ 1825.00 $ 3650.00 16 Construction Permit 1 LS $9,750 $ 9750.00 TOTAL BASE BID $ 1,066,714.35 Item Description Qty Unit Unit Price Amount Bid Furnish and Install Biofiltration 2 EA $ $ Alternative Device: Modular Wetland System 51,350.00 102,700.00 1 Bid Irrigation Modifications 1 LS $ $ Alternative 159,320.00 159,320.00 2 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number(60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,650 per calendar day. City Council 11 — 7 9/20/2022 P-7 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION Name of Firm Signature of BIDDER Title Ioseph NaaEcl Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 11 — 8 9/20/2022 P-8 of P-23 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 21-2740 FLOWER STREET BIKE TRAIL RENOVATION FROM CROSSOVER TO WARNER AVENUE This CONSTRUCTION CONTRACT is made and entered into this 2011 day of September, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and EBS General Engineering, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 Flower Street Bike Trail Renovation From Crossover (South of Dyer) to Warner Avenue (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 One Million, Sixty -Six Thousand, Seven Hundred and Fourteen Dollars and Thirty -Five Cents ($1,066,714.35), 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 11 — 9 9/20/2022 Pace I of 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. 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; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either City oun�'ilUjec site or on otner properties; 11 — 10 9/20/2022 Page 2 of 3 (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: 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, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: EBS General Engineering. Inc. City Council 11 —11 9/20/2022 Page 3 of 3 CITY OF SANTA ANA Exhibit A PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering,, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation* 132 CY $ S 325.00 42,900.00 2 Clearing and Grubbing I LS $ S 59,650.00 59,650.00 3 Import Soil* 230 CY $ S 125.00 28,750.00 4 Asphalt Concrete 671 TN $ $ 190.00 127,490.00 5 PCC Curb and Gutter (A-2-8) 100 LF $ $ 90.00 9000.00 6 Root Shave* 18 EA $ $ 785.00 14,130.00 7 Concrete Slab 30 SF S $ 60.00 1800.00 8 Redwood Header — 2"x 10" 6,014 LF S $ 20.65 124,189.10 9 PCC Curb Ramp 300 SF S $ 24.15 7245.00 10 PCC Sidewalk (T=4") 197 SF $ $ 18.25 3595.25 11 Furnish and Install New #6 Pullbox 1 EA $ $ 2360.00 2360.00 12 Pedestrian Lighting I LS $ $ 620,000.00 620,000.00 13 Signing and Striping I LS $ $ 10,955.00 10,955.00 14 Orange County Flood Control l LS $ $ District Requirements Permit 1 1250.00 1250.00 City Council 11 — 12 9/20/2022 P-6 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION ADDENDUM No. ONE PROJECT 21-2740 Item Description Qty Unit Unit Price Amount 15 Construction Sign 2 EA $ $ 1825.00 3650.00 16 Construction Permit I LS S9,750 $ 9750.00 TOTAL BASE BID FS 1,066,714.35 Item Description Qty Unit Unit Price Amount Bid Furnish and Install Biofiltration 2 EA $ $ Alternative 1 Device: Modular Wetland System 51,350.00 102,700.00 Bid Irrigation Modifications I LS $ $ Alternative 159,320.00 159,320.00 2 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be S 1,650 per calendar day. City Council 11 — 13 9/20/2022 P-7 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2740 FLOWER STREET BIKE TRAIL RENOVATION Name Signat 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.) City Council 11 — 14 9/20/2022 P-8 of P-23 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 21-2740: Flower Street Bike Trail Renovation From Crossover to Warner Avenue Construction Contract $ 1,066,714.35 Contract Administration, Inspection and Testing $ 160,007.15 Contingencies $ 160.007.15 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,386,728.66 City Council 11 — 15 9/20/2022 PROJECT TITLE: Flower Street Bike Trail Renovation from Crossover (South of Dyer Road) to Warner Avenue. PROJECT CATEGORY: City & Park Facility Improvements Park Facility LOCATION MAP A N AGENCY: Public Works CITY OF SANTA ANA FY22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The City wishes to undertake improvements along the Flower Street Bike Trail between Warner Avenue and the Railroad Crossover (South of Dyer Road). There is damage to this section of the trail caused by tree roots cracking and uplifting the surface. Improvements include installation of a three-inch layer of asphalt, tree root maintenance, new pedestrian fighting, and signage and striping. F OJECT NEED: o usage and time, the Flower Street Bike Trail has become very en due to tree root growth and pot holes. The trail needs to be faced. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 497,925 - - - - - - TOTAL 497,925 - - - - - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 A & D District 3 497,925 - - - - - - TOTAL 497,925 - - - - - - DIVISION: CIP Engineering City Council 11 — 16 CONTACT: Sean Thomas, Senior Civil Engineer DATE: 10-Aug-2022 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Well No. 29 Improvements Project AGENDA TITLE Approve an Appropriation Adjustment and Award a Construction Contract to Environmental Construction, Inc. for the Well No. 29 Improvements Project in the Amount of $6,765,290, with an Estimated Project Delivery Cost of $8,456,612 (Project No. 18- 6491) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $2,502,612 of prior -year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Award a construction contract to Environmental Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $6,765,290, for construction of the Well No. 29 Improvements Project, for the term beginning September 20, 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. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $8,456,612, which includes $6,765,290 for the construction contract, $676,529 for contract administration, inspection and testing, and a $1,014,793 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2022-23 Capital Improvement Program to include $2,502,612 in construction funds for the Well No. 29 Improvement Project (Project No. 18-6491). DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's water and sanitary sewer systems. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, City Council 12 — 1 9/20/2022 Award Construction Contract to Environmental Construction, Inc. September 20, 2022 Page 2 10 reservoirs with a storage capacity of 49 million gallons, four pressure -regulating stations, and seven connection points to the Metropolitan Water District. The system has an average daily demand of 30 million gallons from its roughly 45,000 service connections. Due to the age of the existing Well 29 infrastructure and equipment, the well's capacity to produce water has been significantly reduced. The proposed rehabilitation project will ensure that the City of Santa Ana continues to provide safe drinking water and to meet the demands of the Santa Ana community. The Well No. 29 Improvements Project includes the demolition of existing assets and installation of a new pump, motor, and piping at the Well 29 site. Additionally, the project will construct new well discharge pipelines, a new 42' x 26' masonry building to house the well motor, pump, instrumentation, electrical equipment, lighting, and ventilation. The project will also improve the surrounding area through the construction of a masonry perimeter wall to secure the site, installation of a new electronic sign to inform residents of City programs and events, and rehabilitation of the existing adjacent City tennis courts. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 250 regional vendors via PlanetBids, many of which are Santa Ana based. Two vendors requested bidding documents, and a total of two bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on February 4 and February 5, of 2022. The project was also advertised in PlanetBids from January 29, 2022 through April 19, 2022. Bids were received electronically via PlanetBids on April 19, 2022. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Environmental Construction Inc. Woodland Hills $6,765,290 2 Innovative Construction Solutions Costa Mesa $7,270,424 A total of two bids were received, and both were deemed responsive. Environmental Construction Inc. submitted the lowest responsive base bid in the amount of $6,765,290 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Environmental Construction Inc. in the amount of the base bid totaling $6,765,290 (Exhibit 3). Environmental Construction has not performed work in the City of Santa Ana in the last five years. City Council 12 — 2 9/20/2022 Award Construction Contract to Environmental Construction, Inc. September 20, 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 the following: 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 $8,456,612. Project Item Total Construction Contract $6,765,290 Construction Administration, Inspection, Testing $676,529 Contingencies $1,014,793 TOTAL CONSTRUCTION DELIVERY COST $8,456,612 Approval of this item will amend the FY 2022-23 Capital Improvement Program to include the Well No. 29 Improvement Project (Exhibit 5). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration was prepared for the project and was filed with the document number 202285000107. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $8,456,612 which includes construction, contract administration, inspection, testing, and an authorized contingency. Approval of the requested Appropriation Adjustment will recognize $2,502,612 from prior year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward 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). The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed. City Council 12 — 3 9/20/2022 Award Construction Contract to Environmental Construction, Inc. September 20, 2022 Page 4 Fiscal Accounting Unit - Fund Accounting Unit - Y Year Account No. Description Account No. Amount (Project No.) Description Appropriation Adjustment 2022-23 06617647-66301 Acquisition & Water Utility Capital Projects, Water $2,502,612 (18-6491) Construction Capital Project Existing Project Budget 2022-23 06617647-66301 Acquisition & Water Utility Capital Projects, Water $5,954,000 (18-6491) Construction Capital Project Total $8,456,612 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Project Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 12 — 4 9/20/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6491 WELL NO. 29 IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: WELL REHABILITAION SCHEDULE A Item Description Qty Unit Unit Price Amount 1 Mobilization/Demobilization of 1 LS $ $ pump rig, equipment and -: accessories. Prepare contract documents and other preliminary work and prepare site as specified 2 Remove existing pump column, 1 LS $ $ and bowls from well. Transport pump and appurtenances to the CONTRACTOR'S facility for inspection 3 Perform wire brushing and hail 24 HRS $ ¢m $ sediment fill from the bottom of .' i the well, �...a..'.,-' 4 Clear water column and provide 4 LS $ $ as many as four (4) downwell interim, clear -viewing, color q video surveys of well casing as specified 5 Perform Casing Inspection 1 LS $ $ Thickness Measurement (CITM) .� ..,; ' serve of the entire well casing. 6 Conduct well redevelopment 1 LS $ $ using "air -jetting" methods, via t f the AirBurst® or BoreBlastO ° "` methods. 7 Perform chemical treatment of 1 LS $ $ well water using HercChemTech 12, it (' C. chemical treatment plan, as specified. City Council 12 — 6 9/20/2022 P-1 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6491 WELL NO.29 IMPROVEMENTS WELL REHABILITAION SCHEDULE A Item Description Qty Unit Unit Price Amount 8 Perform mechanical 90 FfRS $ $ redevelopment (airlifting and•, swabbing) of the well. s 9 Conduct treatment and proper 1 LS $ $ discharge of mechanical and/or (� pumping redevelopment fluids (as applicable) via use of Baker tanks and the neutralization, blending, and disposal of solids/sludges per specifications, including treatment, sampling, analysis and reporting for NPDES discharge compliance. 10 Mobilize, install and demobilize 1 LS $ $ a diesel or gasoline engine," temporary test pump, and all necessary equipment and accessories 11 Perform pumping development 60 HRS $ , , $ of the well including monitoring t of water levels, flow rates and f' measurement of sand content. 12A & 12B Perform a 12-hour (maximum) 60 HRS $ $ step drawdown test and a minimum 24-hour (maximum 48-hour) constant rate pumping test, including monitoring of water levels, pumping rates, and sand content. 13 Perform flow meter (spinner) 1 LS $ $ survey under dynamic (pumping) conditions 14 Conduct well disinfection and 1 LS $ clean up site, SCHEDULE A SUBTOTAL $ M'1,�-j1,LD WELL EQUIPPING AND SITE IMPROVEMENTS SCHEDULE B Item Description Qty Unit Unit Price Amount 1 Mobilization, Bonds and i LS $ C" ? w $ eJ Insurance I 2 Additional Demobilization/ 1 LS $ $ Remobilization for Owner's j-'M-' Convenience City Council 12 — 7 9/20/2022 P-2 of P-20 CITY OF SANTA ANA PROPOSAL PROTECT NO.: 18-6491 WELL NO. 291MPROVEMENTS WELL EQUIPPING AND SITE IMPROVEMENTS SCHEDULE B Item Description Qty Unit Unit Price Amount 3 Verification of Utility Locations, 1 LS $ $ Field Dimensions and Existing`-°"", 91 Electrical Work 4 BMP Implementation and 1 LS $ $ Erosion Control/Compliance C with SWPPP Requirement 5 Startup and Testing 1 LS $ $ g 6 Record Drawings, O&M 1 LS $ $ Manuals and Warranties.ely 7 Spare Parts I LS $ $ 8 Structural, Mechanical, and Electrical Demolition 1 LS $ , 1 tcc€ $ r , `C' 9 Cut and Plug Existing System 1 LS $ $ Water Mains'}-'% 10 Remove and Dispose of Existing PipingIf 798 LF $ rry $ 11 Pickleball Court Resurfacing 1 LS $ $ 2. 12 Reinforced Concrete Paving, 1,450 SF $ $ Asphalt Paving, Porous Flexible L Grassroad Paving, Concrete ` c. , Work, and Flatwork 13 Cast -in -Place Concrete Vault 1 LS $ si Z-t, / f $ - ' 14 Reinforced Concrete Masonry 75 LF $ $ Unit Fence Wal : r t 15 Reinforced Concrete Masonry Unit Building 1 LS $ _ E W% $; 16 Electrical, Site Security, and Lighting Systems 1 LS $, L 17 Clearing and Grubbing, Site Demolition and Soil Preparation 1 LS $may �.. $ µ 18 Tree Removal 1 LS $ 19 Grading and Structural 1 LS $ 2~ Excavation ,," 5 •: _, 2 20 Motorized Rolling Gate 2 EA $ $ 21 Chain Link Fence 90 LF $ g $ City Council 12 — 8 9/20/2022 P-3 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6491 WELL NO. 291MPROVEMENTS WELL EQUIPPING AND SITE IMPROVEMENTS SCHEDULE B Item Description Qty Unit Unit Price Amount 22 Double -Leaf Motorized Swing Vehicle Gate I EA $ 23 Irrigation System and 1 LS $ Landscaping 24 90-Day Maintenance Contract for Landscape Plants 1 LS $ 25 Connect to Existing Piping 1 LS $ p w $. `, 26 Yard Piping and Fittings 1 LS $ . € $ j 5' 27 Cement -Mortar Lined and Coated Steel Pipe 612 LF $ `,� $ .�` 28 Butterfly Valves 3 EA $;�. $ 29 Check Valves 1 EA $ {� $ gg F^ 30 Magnetic Flow Meters I EA $.. $ i e• .. 31 Diaphragm Valves 2 EA $ $ 32 Vertical Turbine Water Pumps 1 EA $ .: $ C and Motors 33 Excavation Safety Measures 1 LS $ $ 34 OCTA Bus Station 1 LS $ $ g 35 Electronic Marquees I LS $,_.,._� $� 36 As -Built Plans 1 LS $ $ , 37 Construction Permit I LS $1 s,aaa A I Allowance for Reimbursement I LS $ $ for SCE Power Service and Transformer SCHEDULE B SUBTOTAL $ ? BASE BID (SCHEDULE A+ SCHEDULE B) $ z C", City Council 12 — 9 9/20/2022 P-4 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6491 WELL NO.29 IMPROVEMENTS WELL EQUIPPING AND SITE IMPROVEMENTS ADD -ALTERNATE SCHEDULE Item Description Qty Unit Unit Price Amount B 1 Tennis/Pickleball Court Lighting 1 LS $ $ 8 :5 01 ADD -ALTERNATE SCHEDULE SUBTOTAL $ r C1 1 TOTAL BASE BID SCHEDULE A + SCHEDULE B + ADD -ALTERNATE SCHEDULE) $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 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 260 working dal s after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,000 per calendar day. Name of Firm t t'4 Al V,` i � TVA S' ture of BIDDER -- Title ' E i f R ., i.. 4 o`',E �:'.... (If an individual, so state. If a firm or co` -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 12 — 10 9/20/2022 P-5 of P-20 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 18-6491 WELL NO.29 IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 20th day of September, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Environmental Construction, Inc. (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 Well No.29 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 Six Million Seven Hundred Sixty Five Thousand Two Hundred Ninety Dollars and No Cents ($6,765,290.00), 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 12 —11 9/20/2022 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www,santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. S. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 12 — 12 9/20/2022 Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The 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 fiom the performance or nonperformance by CONTRACTOR or its Subcontractors of any Iower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. �4 Iw 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: Environmental Construction, Inc. NAiV , Q t i ' TkE gy ¢ City Council 12 — 13 9/20/2022 Page 3 of 3 0:11:I 11.11 a CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6491 WELL NO.29 EVIPROVEMENTS BID PRO 01? SAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: � 'i € ` a lr lid t. C'wf fwMir1 f Inc — REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed wont, 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 swn.(s) set forth in the fallowing schedule: WELL REHABILITAION SCHEDULE A Item Description Qty Unit Unit Price Amount I Mobilization/Demobilization of 1 LS $ $ pump rig, equipment and 01 C){ ,',f0 � c accessories, Prepare contract documents and other preliminary work and prepare site as specified 2 Remove existing pump column, I LS $ $ and bowls from well. Transport c . i pump and appurtenances to the r�-, CONTRACTOR'S facility for inspection 3 Perform wire brushing and bail 24 HRS $ t,- a ' $ sediment fill fiom die bottom of •., y {;'1 the well, J 4 Clear water column and provide 4 LS $ $ as many as four (4) downwell interim, clear viewing, color; video surveys of Well casing as specified S Perform Casing Inspection Thickness Measurement (CITM) I LS $ $ {% survey of the entire well casin . 6 Conduct well redevelopment I LS $ $ using "air -jetting" methods, via the AirBurst® or BoreBlasttOD methods. 1 Perform chemical treatment of 1 LS $ $ well water using HercChemTech treatment i r € ' 21f cloo chemical plan, as - specified. City Council P-1 ofP-21r - 14 9/20/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6491 WELL NO.29 EMPROVEMENTS WELL REHADILITAION SCHEDULE A Item Description Qty Unit 'Unit Price Amount 8 Perform mechanical 90 HRS $ $ redevelopment (airlifting and swabbing) of the well. fj 9 Conduct treatment and proper 1 LS $ $ discharge of mechanical and/or pumping redevelopment fluids (as applicable) via use of Balser tanks and the neutralization, blending, and disposal of solids/sludges per specifications, including treatment, sampling, analysis and reporting for NP➢ES discharge compliance. 10 Mobilize, install and demobilize I LS $ � � $ � �� �. a diesel or gasoline engine, L k / i temporary test pump, and all necessary equipment and accessories 11 Perform pumping development 60 BRS $ . $ of the well including monitoring Ct �t of water Ievels, flow rates and 1 measurement of sand content. 12A & 12B Perform a 12-hour (maximum) 60 BRS $ $ step drawdown test and a minimum 24-hour (maximum. t} 48 hour) constant rate pumping test, including monitoring of water levels, pumping rates, and sand content. 13 Peaforin flow meter (spinner) survey under dynamic (pumping) 1 LS $ 2 2 • $ `;) d 2 29) conditions 14 Conduct well disinfection and 1 LS $ $ r, clean up site, 1 SCHEDULE A SUBTOTAL $ V f `s WELL EQUIPPING AND SITE IMPROVEMENTS SCHEDULE B Item Description Qty Unit Unit Price Amount 1 Mobilization, Bonds and l LS Insurance 2 Additional Demobilization/ 1 L8 $ $ Remobilization for Owner's'' �=, C} Convenience City Council 15 9/20/2022 P-2 of Pj — CITY OF SANTA ANA PROPOSAL PROTECT NO.: 18-6491 WELL N0.29 IMPROVEMENTS WELL EQUIPPING AND SITE 1WROVEMENTS SCHEDULED Item Description Qty Unit Unit Price Amount 3 Verification of Utility Locations, I LS $ $ Field Dimensions, and Existing Electrical Work 4 BNIP Implementation and 1 LS $ $ Erosion Contro]/Compliance with SWPPP Requirement 5 Startup and "Testing I LS $ $ 6 Record Drawings, O&M Manuals and Warranties I LS $ 2j�3 $ 7 Spare Parts I LS $ 5; 000 $ 8 Structural, Mechanical, and Electrical Demolition I LS $ F/ a 00 $ 9 Cut and Plug Existing System Water Mains I LS $ , s % $ — r Cot) 10 Remove and Dispose ofWsting 799 LF $ $ Piping { I I Pickleball CourtResutfacing I LS $ $ 12 Reinforced Concrete Paving, 1,450 SF $ $ Asphalt Paving, Porous Flexible Grassroad Paving, Concrete i Work and Flatwork ✓, 13 Cast -in -Place Concrete Vault I LS $1 I $ 14 Reinforced Concrete Masonry Unit Fence Wal 75 LF $ p ' $ [ D2— 15 Reinforced Concrete Masonry Unit Building 1 LS $ — $ 4 f, f 16 Electrical, .Site Security, and Systems) 1 LS $ $ Lighting 17 Clearing and Grabbing, Site Dmolition and Soil Preparation I LS $ 3 { � � f � � �� $ .r� � &"Ott) 18 Tree Removal I LS $`�� $!, 19 Grading and Stmetural 1 LS $ Excavation r 20 Motorized Rolling Gate 2 EA $� $ 32/ 21 Chain Link pence 90 LF $1/ t 00 $ C 0or-> . City Council 12 — 16 9/20/2022 P-3 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6491 WELL NO.29 IMPROVEMENTS WELL EQUIPPING AND SITE MPROVEMENTS SCHEDULE B Item Description Qty Unit UnitPirice Amount 22 Double -Leaf Motorized Swing Vehicle Gate I EA $ $ I I Irrigation23 System and 1 LS $ 1 r. �f � � � '-'t $ fir -7 Lndscap 24 90-Day Maintenance Contract for Landscape Plants I LS $ n Z-1 �m $ ' Z i 25 Connect to Existing Piping 1 LS $- (� $ 26 Yard Piping and Fittings 1 LS $ M� L $ , 2-Ci Q, `T 3 27 Cement -Mortar Lined and Coated Steel Pipe 612 LF $ g � 2-Z1. $ �g d . j 23 Butterfly Valves 3 EA $ $ cc 29 Check Valves I EA $ � COO' 2.2 t CSC • - 2^1 0G, 30 Magnetic Flow Meters 1 EA $ cc) $ co 31 Diaphragm Valves 2 EA $ $ 32 Vertical Turbine Water Pumps Motors 1 EA $ y ,1 t $ and ;) 33 Excavation Safety Measures 1 LS $ $ 34 OCTA Bus Station 1 LS $ $ 35 Electronic Marquees 1 LS $ ckk_ $ 4 V D/ no(_) 36 As -Built Plans 1 LS $ $ 37 Construction Permit 1 LS $z s,aoo Al Allowance for Reimbursement for SCE Power Service and 1 LS $ ) ooc) $ 01000 Transformer SCHEDULE B SUBTOTAL $ ,7,f ( 0 BASE BID (SCHEDULE A+ SCHEDULE B) $ '_5 -2 City Council 1� — 17 9/20/2022 P-4 of P-2 CITY OF SANTA ANA. PROPOSAL PROJECT NO.: 18-6491 WELL NO.29 IMPROVEMENTS WELL EQUIPPING AND SITE IMPROVEMENTS ADD -ALTERNATE SCHEDULE Item Description Qty Unit rxnit price Amount . B1 Tennis/PiaklebaHCourt Lighting I LS 1$' 24 0 -s'v $ 2,42,C)50 ADD -ALTERNATE SCHEDULE SUBTOTAL $ 2 q 21 G TOTAL BASE BID (SCHEDULE A + SCHEDULE B + ADD -ALTERNATE SCHEDULE) - r a The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF HVIPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 260 working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,000 per calendar day. Nance of Firm aiir'� s: IVi 6 Sign tare of BIDDER - i s o Coo ett, Title'-ce ttiy (If an individual, so state. If a firm or c ,partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 12 — 18 9/20/2022 P-5 of P-20 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 18-6491: Well No.29 Improvements Construction Contract $ 6,765,290.00 Contract Administration, Inspection and Testing $ 676,529.00 Contin encies $ 1,014,793.50 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 8,456,612.50 City Council 12 — 19 9/20/2022 PROJECT TITLE: Well No. 29 - Improvements PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Municipal Facilities LOCATION MAP N AGENCY: Public Works CITY OF SANTA ANA FY 22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project will rebuild components of the existing Well No. 29 damaged by a vehicular accident. The project will include making well site improvements such as a secure perimeter wall, well house and associated electrical and piping components. PROJECT NEED: This well site was damaged by a vehicular accident and is currently non -operable. Improvements to the electrical, disinfection treatment train, and piping components are necessary to return this asset to i service. PROJECT COSTS FY 22/23 FY 23/24 FY 24125 FY 25/26 FY 26/27 FY 27/28 FY 28129 Construction 2,502,327 - - - - - - Engineering - TOTAL 2,502,327 - - SOURCE OF FUNDS FY 22123 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 WATER CAPITAL 2,502,327 - - - - - - TOTAL 2,502,327 - - - - - - DIVISION: Water Resources CONTACT: Armando Fernandez, Senior Civil Engineer DATE: 21-Jul-2022 City Council 12 — 20 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Approve Appropriation Adjustment and Sale of Land AGENDA TITLE Approve an Appropriation Adjustment and Agreement for the Sale of Land from the City, Generating $250,000 in Revenue for Bristol Street Corridor Improvement Project (Non - General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing revenue in the amount of $250,000 in the Select Street Construction Fund, Sale of Land revenue account for Fiscal Year 2022-23 and appropriating the same to the OCTA Bristol Street Corridor Improvements, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute a purchase and sale agreement with Charles H. Mahn Family Trust for the sale of City -owned property located at 515 and 517 N Bristol Street (APNs 008-081-26 and 008-081-28) in the amount of $250,000, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The City is the owner of surplus real property assets and interests that were specifically acquired for various street widening projects. Approval of recommended actions will allow the City to sell such City -owned vacant property acquired with Orange County Transportation Authority (OCTA) Right -of -Way restricted grant funds, and return proceeds of sale to Bristol Street Improvement Project, and funding agency, proportionally based on match requirements, consistent with Comprehensive Transportation Funding Program (CTFP) Cooperative Agreement C-6-0069 between respective agencies. On March 5, 2019, the City Council authorized disposition of various city -owned properties via the Request for Proposal (RFP) process and direct negotiations for sites with substandard lot conformity. On April 2, 2019, the City issued Request for Proposals (RFP) 19-026 that solicited the sale and development of various combined properties: with existing residential, commercial, and professional office zoning designations. On November 18, 2019, the City Council approved Purchase and Sale Agreements to activate various City -owned vacant properties, and generate over $2 million in revenue - City Council 13 — 1 9/20/2022 Agreement — Sale of City -owned Real Property at 515 and 517 N. Bristol Street September 20, 2022 Page 2 generating developments and new sales tax revenues with increased property tax rolls and additional utility user taxes collected on an annual basis in perpetuity. 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. On April 27, 2020, the City released a Notice of Availability ("NOX) of surplus property for a period of 60 days. This NOA was sent to all "local public entities" as defined in the 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 was also sent to local parks agencies and school districts. The properties were 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. Due to the minimum square footage required for development under current zoning, the remnant parcels located at 515 and 517 N Bristol Street (Exhibit 1) are deemed substandard, and were thus previously authorized for direct negotiations accordingly. The total combined area is approximately 8,965 square feet, is currently zoned for commercial use, and with no independent utility, presents a challenge to market and sell. For these reasons, staff proceeded with direct negotiations with Charles Mahn to facilitate a sale of these properties that will be mutually beneficial to all parties (Exhibit 2). Under the Santa Ana Municipal Code (SAMC) Section 2-706, surplus real property may be sold (after authorization by the City Council) only to the highest bidder, subject to final confirmation by the City Council and with notice of the sale given by newspaper publication. However, SAMC Section 2-709, provides an exemption to this procedure and permits a sale on direct negotiations without the need for public auction or competitive bidding, when the authority to so negotiate has been granted by the City Council. ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. FISCAL IMPACT Approval of the Appropriation Adjustment will recognize the receipt of $250,000 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. City Council 13 — 2 9/20/2022 Agreement — Sale of City -owned Real Property at 515 and 517 N. Bristol Street September 20, 2022 Page 3 The table below summarizes the sales price per each of the surplus Bristol Properties, with distribution of the estimated Bristol Improvement Project revenue: Parcel ID Sale Price Bristol Improvement Fund C-10 $250,000 $250,000 EXHIBIT(S) 1. Location Map 2. Purchase and Sale Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 13 — 3 9/20/2022 EXHIBIT 1 I FC7,FNn EXISTING PROPERTY LINE COMBINED PARCEL ity Counci -� 41111111111110,wi, 6TH STREET PARCEL C 10 ZONING APPROK AREA COMMERCIAL 8,965 SF (SUBSTANDARD) Iq-A PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into this day of , 2022 ("Effective Date"), by and between CHARLES H. MANH FAMILY TRUST ("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 8,965 square feet, located at 515 N. Bristol Street (APN Nos. 008-081-26), and 517 N. Bristol Street (APN No. 008-081-28) 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 sections 2-706 and 2-709. 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 surplus land was located, and to "Housing Sponsors" that had 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 Property to Buyer. 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 13 — 5 9/20/2022 -1- 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 Two Hundred Fifty Thousand Dollars ($250,000.00). 3. Escrow. 3.1 Escrow Instructions. Escrow Instructions. Within seven (7) days following the execution of this Agreement by the Parties, Buyer will open an escrow ("Escrow") with Fidelity National Title, 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660, Attn: Justin VanderVeen ("Escrow Holder") for the purchase and sale of the Property. The "Opening of Escrow" shall mean the date on which a fully 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 City Council 13 — 6 9/20/2022 -2- may, in its sole discretion and without limiting any of Buyer's legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Seller. (1) Title Policy. 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 Obliiiation 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 Charges. (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. City Council 13 — 7 9/20/2022 -3- (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. (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 Fidelity National Title, 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"). City Council 13 — 8 9/20/2022 -4- 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. 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 a result of the sale of the Property to Buyer, shall be the responsibility of Buyer. Any real property taxes or assessments levied under 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 thirty (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 Costs. 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. City Council 13 — 9 9/20/2022 -5- 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"). 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 Closine 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 or Buyer's counsel. City Council 13 — 10 9/20/2022 -6- 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. 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. Buyer and Seller each represent and warrant to each other that they have not employed, dealt with or 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. 5. Inspections; 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 City Council 13 —11 9/20/2022 -7- utilities serving the Property and (viii) the presence or adequacy of infrastructure or other improvements on, near or concerning the Property. 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, 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. 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. City Council 13 — 12 9/20/2022 -8- 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. 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" City Council 13 — 13 9/20/2022 -9- (as defined below); (c) there are no underground 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 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 Endangered 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. City Council -10- 13 — 14 9/20/2022 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 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 Bankruptcy. 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 a person 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 Change. 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 City Council -11- 13 — 15 9/20/2022 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. 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 of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, including any historic property regulations and environmental laws. 6.2.4 Development of Property. Buyer hereby represents and guarantees that it will own the land in fee simple located at 1248 W. 61h Street in Santa Ana within twenty-four (24) months following the approval of this Purchase and Sale Agreement. Buyer hereby represents and guarantees that it will complete construction and development of the Property for the uses permitted by City's Bristol Street Specific Plan within 24 months following the Close of Escrow of the 1248 W. 6th Street property. These timeframes shall be tolled by any delays directly attributable to the actions or inactions of the City, by any natural causes outside the control of either party ("Force Majeure"), or by mutual agreement of the parties. If Buyer does not comply with these guarantees within the timeframes provided, the City shall have the right to repurchase the Property, including any and all improvements to the Property then completed by Buyer, in exchange for payment by the City to Buyer of eighty percent (80%) of the Purchase Price paid by Buyer under this Agreement. City shall provide written notice of its exercise to purchase the Property within sixty (60) days following the development deadline in this section. The repurchase deed shall be identical in form to the deed by which title to the Property was conveyed by Seller to Buyer and shall be free and clear of any and all mortgages, liens, or other evidence of indebtedness. City Council 12 13 — 16 9/20/2022 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 development of the Property 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 under 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 Seller shall not be liable for any injury or damage to any property (of the Buyer or any other person) or to any person occurring on or about the Property, 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 any way restrict, limit, or modify the 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 City Council -13- 13 — 17 9/20/2022 Agreement, until all claims against any of the Indemnitees 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 Indemnitee 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 may attend all proceedings and meetings. The Indemnitor's counsel shall actively consult with the Indemnitee's separate counsel. The Indemnitor and its counsel 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 City Council -14- 13 — 18 9/20/2022 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: Danny Manh Esq 8990 Westminster Blvd. Westminster, CA 92683 Attn: Charles Mahn If to Seller: City of Santa Ana 20 Civic Center Plaza M-30 Santa Ana, CA 92702 Attn: 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, 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 Property is located. As used herein, the term "Business Day" means any day excluding City Council -15- 13 — 19 9/20/2022 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 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: (1) post judgment motions; (2) contempt proceedings; (3) 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 City Council -16- 13 — 20 9/20/2022 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 Parry 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. 9.17 Amendments. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, except by written instrument signed by the Parties hereto. City Council -17- 13 — 21 9/20/2022 IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date. ATTEST Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By:! �� John M. Funk Chief 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 CHARLES H. MANH, AS TRUSTEE FOR THE CHARLES H. MAHN FAMILY TRUST Name: Tit] City Council -18 13-22 9/20/2022 EXHIBIT "A" LEGAL DESCRIPTION PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA THE EAST 125.35 FEET OF THE SOUTH 43.60 FEET OF LOT 3 OF TRACT NO. 271, AS PER MAP RECORDED IN BOOK 14, PAGE 9 OF MISCELLANEOUR MAPS OF SAID COUNTY. TOGETHER WTH: THE EAST 125.35 FEET OF THE NORTH 2.35 FEET OF LOT 4 OF SAID TRACT NO. 271. TOGETHER WITH: THE EAST 65.35 FEET OF THE WEST 85.35 FEET OF LOT 24 OF TRACT NO. 474 OF COCHEMS' WEST SIXTH STREET ADDITION, AS PER MAP RECORDED IN BOOK 17, PAGE 18 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 24, SAID POINT BEING THE INTERSECTION OF THE NORTH LINE OF SAID LOT 24 AND THE EAST LINE OF THE WEST 85.35 FEET OF SAID LOT 24; THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 62.58 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100 39' 17" AN ARC LENGTH OF 2.79 FEET TO A LINE PARALLEL WITH AND DISTANT 50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF BRISTOL STREET; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANCE OF 0.26 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 24; THENCE EAST ALONG SAID NORTH LINE A DISTANCE OF 2.77 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A TOTAL AREA OF 8,964.62 SQUARE FEET. SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, AND ANY OTHER RIGHTS OF RECORD. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTIO .0 No. 9216 m RSON CHRYSOSTOMO, L.S. 9216 DA City Council 13 — 23 9/20/ 2 EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR PROPERTY SIXTH STREET ! 22.77' 62.58` o SEE j P.D.B. M DETAIL A ......... ............--- E BELOW ! T. P. 0. B. Tin PORTION 8 PORTION OF ;o 1 OF LOT 24 9 LOT 24 0) N.A.P. Q I ( 3 0') ...................... L O T 1 2 65. 35', I � ORTI PON OF LOT 3 2 � Q ! 125 3.5' .............. .. � I � ( 1 45. 35' ) W ((1 45. 35' )) W ' NORTH 2.35' ' OF LOT 4 5 O.00'� PARALLEL PORTION OF LOT 4 N.A.P. 01 ...---... ................................. V)I r! m� ! LOT 5 LOT 6 LOT 7 LOT 28 �1 R/W I ........... ............................................................. I a LEGEND: FIFTH STREET — PROPERTY PUBLIC STREET R/W TO BE RECORDED r — 20.OD'�Ir 2.77' 62.58' —.• PER SEPARATE INSTRUMENT. • • • O1 PUBLIC STREET EASEMENT, DEED BK 4397. PG 571 D.R. O PUB[.[C STREET EASEMENT, DEED BK 3314. PG 544 O.R. R=15.00` L=2.79' t I = D=10°39'17" rr if Il=tQAMDQPWR(ATNO. 271. M.M. 14/9 1 —24 9/20/2022 DETAIL A 1 OF 1 WHEN RECORDED PLEASE MAIL THIS INSTRUMENT AND TAX STATEMENT TO: CHARLES H. MANH ATT: DANNY MANH ESQ. 8990 WESTMINSTER BLVD. 2ND FLOOR WESTMINBSTER, CA 92683 SPACE ABOVE THIS LINE FOR RECORDER'S USE TAXES APPROVED AS TO APPROVED BY DESCRIPTION DISCRIPTION A.P. R/W MAP PROJECT FORM BY ATTY. DIRCTOR WRITTEN BY CHECKED O.K. NUMBER NUMBER NUMBER 008-081-26 & 008-081-28 DEED NUMBER GRANT DEED I Hereby Declare the documentary Transfer Tax is $ 250,000 _X_ Computed on full value of property conveyed, or Computed on full value less liens and encumbrances remaining at time of sale Unincorporated Area X_ City of _Santa Ana FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Santa Ana, a Charter City and Municipal; Corporation duly organized under the Constitution and laws of the State of California hereby GRANT(s) to: CHARLES MANH & ANH MANH as Trustees of MANH FAMILY TRUST, all that real property in the City of Santa Ana, Orange County, State of California, described as follows: SEE EXHIBITS "A" & "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated: 0 Attested by: Dated: By: City of Santa Ana, Kristine Ridge City Manager City Clerk City Council 13 — 25 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvements AGENDA TITLE Award a Construction Contract to Meyers Construction Co. in the amount of $1,930,000 for the Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvement FY 2021- 22 Project with an Estimated Project Delivery Cost of $2,512,500 (Project No. 22-1201, 21-2750 & 22-0501) (General and Non -General Fund) RECOMMENDED ACTION 1. Award a construction contract to Meyers Construction Co., the lowest responsible bidder, in accordance with the base bid in the amount of $1,930,000 for construction of the Santa Ana City Hall Second, Fifth, and Eighth Floor Tenant Improvement FY 2021-22, for the term beginning September 20, 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. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,512,500, which includes $1,930,000 for the construction contract, $193,000 for contract administration, inspection and testing, and a $389,500 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,512,500 in construction funds for Santa Ana City Hall Second and Fifth Floor Tenant Improvement Project (No. 22-1201, 21-2750 & 22-0501). DISCUSSION Facilities at City Hall and the Ross Annex are currently undergoing floor renovations (Exhibit 1). To minimize the impact to daily operations of our employees and the general public, work has been programmed to take place in phases. The existing facilities on the second and fifth floor of City Hall are outdated and some materials are beginning to show signs of deterioration and need of replacement. This project will include updating lighting, plumbing fixtures, finishes, demolition and installation of non-loadbearing interior partitions and ceiling finishes. City Council 14 — 1 9/20/2022 Award Construction Contract to Meyers Construction Co. September 20, 2022 Page 2 In addition, in an effort to take advantage of favorable pricing provided by the contractor and the project location. The contingency amount has been increased to accommodate tenant improvements for the eighth floor. The contractor will be performing similar but less invasive work on the eighth floor as noted in the scope for the second and fifth floor renovations. Once complete, these improvements will enhance not only the physical aesthetics of each floor but also keep these facilities in compliance with the latest building codes and the American Disability Act. 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 June 17, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on July 27, 2022. The City notified a total of 886 regional vendors via PlanetBids, 44 of which are Santa Ana based. There were 105 vendors who requested bidding documents. A total of 4 bids were received; however, no bids were received from any Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Meyers Construction Co. Long Beach $1,930,000 2 JR Universal Construction, Inc. Los Angeles $2,688,368 3 Kazoni Construction Costa Mesa $2,699,114 4 ALLINONE Construction Inc. La Habra $2,762,838 All four bids were deemed responsive. Meyers Construction Co. submitted the lowest responsive base bid in the amount of $1,930,000 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the base bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Meyers Construction Co., in the amount of the base bid totaling $1,930,000 (Exhibit 3). Meyers Construction Co. has performed work in the City of Santa Ana in the last five years. Project Delivery To deliver a complete project and 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 City Council 14 — 2 9/20/2022 Award Construction Contract to Meyers Construction Co. September 20, 2022 Page 3 requirements, materials testing and inspection of the Contractor's work to ensure contract compliance, workmanship, and quality. 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 $2,512,500. Project Item Total Construction Contract $1,930,000 Construction Administration, Inspection, Testing $193,000 Contingencies $389,500 TOTAL CONSTRUCTION DELIVERY COST $2,512,500 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-74 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $2,512,500 which includes construction, contract administration, inspection, testing, and an authorized contingency. Project Nos. 22-1201, 21-2750, 22-0501 are the numbers assigned to the Project Plans and Specifications and the Notice Inviting Bids. These assigned project numbers will monitor the funding of all expenditures to deliver the construction of this project. The funding for these projects was appropriated in the Fiscal Year 2021-22 capital budget. As part of the Citywide budget carry -forward process, the request will be submitted to the Finance Department for these funds to be carried forward into Fiscal Year 2022-23. The carry -forward is a citywide effort and is compiled with requests from various departments. It will be presented for City Council approval at a later date under a separate agenda item. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. City Council 14 — 3 9/20/2022 Award Construction Contract to Meyers Construction Co. September 20, 2022 Page 4 Fiscal Accounting Unit - Account No. Fund Accounting Unit -Account Amount Year (Project No.) Description No. Description 2022-23 10920149-62300 Information System IT Projects, Contract $1,005,780 (22-1201) Technology Services -Professional 01113017-66200 PRCSA Service 2022-23 (21-2750) General Fund Enhancement, Building $930,000 Improvements Liability and Risk Management 2022-23 08009053-66200 Property Projects, Building $476,720 (22-0501) Insurance Improvements Fund 2022-23 01104012-66200 City Council Building & Building $100,000 Legislative Improvements Total $2,512,500 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 14 — 4 9/20/2022 SANTAANA Project Nos. 22-1201,21-2750 & 22-0501 PW1 Santa Ana City Hall- Second and Fifth Floor- �J Tenant Improvements PUBLIC WORKS AGENCY EXHIBIT 2 CITY OF TA Ali A PROPOSAL PRDMCT NO., 22-1201.21-2750 & 22-0501 SANTA ANA MY HALT. — SECOND AIM PMM V1.00R- TENANT NPROVEM EN•1TS RM PROPOSAL TO. CITE' COUNCIL GV THE MY OF SANTA AAA FROM, Myers Construction Co UQ ]7RFial7?NT- The uFK1mipxd bidder dcclitms rbat they have c=ftilly ma inW the location of the proposed wi)ri, t1al they h-ave e =art xd Lbc CumLw3vmmxwuL in its enthgny aiLi hmby propom to f amM al-1 mrwirial and do al l the work rrgr, i d to complotc tiro &4d work in woordance whb 9ard platt9 cif any) and the speoifickions fcir the unit prises) -or lurrap 4urr> W fwM in the tialaowing schedules Item Damrbdon Unit Omit Prke Amount 1 1201 Sails Aria 01Y Hall- 1 1-8 S Svpad ]Hoar- Tm,zv 61 t7,D00 2 21.2750 S=ta Ana City Hall- 1 E_S S Semud Ftoor Br WaY.- 580.000 TEent�. 3 -0561 SMU Ara City Hall- 1;it1h 1 fu r- 'r M=72-0,0DO f +4 As-Bu ll ptans SI 5 co gtMCtian Perry it I L$l- S110.O O ri'O �L BASE 1EIFD 5 1,4 .U40 t} AL a Secuiaga if' 1 L5 !1 r ' LL•_] ! .5D �t sifmi c-twly -C Dr00Q TOTAL ADD ALTERNATE SM j $-70.0D0 VWAL LUST (BASF, M +ADD 1wL1'ERN AT'ES) S 1'1i .0oo P-1 L,cP•]? City Council 14 — 6 9/20/2022 CrrY OF SAN TA ANA PROPOSAL PR03ECT NO..-1201,11-27 & 22-0501 SA.NTA AMA CI!Y HALL — SEODKD .AND FLF M FLOC- TENANT 1"PROVEM 1TS ibr J r� eat rer�aosibtd bidder shall be sclocW Wvd on 1 base bid- Td ie City re3erwes the rigW zo award the }mac BA and any, all, or mma of the ad ,alternate bid i (if MY). * � cqmmtipy foT thi-, bid if= its showm fer bid eompar�son cnly� This fib: id item a}i r*t b ssl�jce ID he 5ii�r" Ina]t km slated1-n{,Feet. n 3-2 Ofthe .st8i da-d �7tcjF1cafionS- The acwg ;srr uuni A r this item will be dictated by the mluW qumlity mcd, and the A gancy Tvmwvw tW right w Incnm8e or dust 16 quan6tyoftb6 4cm xwordingly- t TWf- bid item os QDuMdmred 4L SpCCWt.Y horn pCr SODtion 2-12 Of thg %uidwt S ifiication& T NM FOR COMPT-E7T T OF R"?,QVE==AMUKAMA= D4MAQFS This undzusigned biddtr bcftby phases Co eompiete tbo Work for the tot tl W2te bid wrrount Miown above. within l d ..mtY-00) s+ykin dais a#�t Ehe commcnaGMcM dAro sMd :o l3ie Notice to PM055CL Tlo liqukiaW dmapes aniour t, in lk-u ofifre amount gmifled in Subw ian E--9 ofihe Stsrdard Speci#icatiom, shall bo -S I A20 pu 4MOadar day. NCI a affirm $igrraturn of 131) Title Or (If= mifividual, so state. if a firm orco pm-turkip, mw Lk firm 0wo and 21rrd the names of al I mdhriaW onartnm campccing the fum. if a corpere6ok smote legal name of corpoirati0o, mW ummce of Preadcnt, ow% , Trcamnw and Manama, 11=wL) P_2 of p-1." City Council 14 — 7 9/20/2022 i'TY OF SANTA A NA PROPOSAL SANTA ANA CITY MALL —SECOND ACT FIFC`lat FtOOR-TIlANT IMPROVEMENTS BIDDER'S STATEMENT BIDDM tusdmwKk and 4pvrA that tha4 aid Pmp wel, Comma l`%<um miz turd subsoqumt Construction Comm Agreement shall constitute ;fie cr&m agm4omcm borw= BIDDER and the AQENCY only aftrit )'rya 1em acmr ed by the City Council, codnmstd by the Clri of Lbe Council With Kral& aturo ark offeial seas FkQtipg hcrQon tlha action ofapWavak of t1m COLU661, si�qad by the Public Works Agency Eazcutivt D or hit'hum duly art orized ageme and signed by the City Attorney. denoting his approval of [hc fortis of this domr "t, and A5 "out Lion, akd when it or on ex= copy of it has bem either de iveerad to S=Ek or depoxited with the United Stems PosW &Mce popujY aftemm! to dk BIDDEN with the act p tage eyed thy. BIDDER further agrees Ihat upm Aelivery (as defined above) of the aoccpwd rement h&rhe will f mish AGENCY all rquired bmds and oarlificate of liability insurance wid in ten (I0) bwiaess days or the fiords~ cheep draft, or BEDDFRS bind Lqulntituted in lien fereof wco pany`ng #his proposal shall beoanm tho property of the AGENCY end shall be wnsidercd as pa}nnont of dwaps due to the delay and odder aamn suffered by AGENCY brerr um &I Uarc faiiwa to fumiNh the nommary F*nds and bmauw it is di9iiWfly W.Cad that the proof of damages actually safferad is difficult [o 8&N"Uin, otkerwi9e,gait] fkLna-� eFina. drgi16, (xr ETI)DFR'S bond smbstilutod in lieu t4mmoi2ihall he rotu=ed to Lbe undemi4ied. BIDDER uadmuuxb 1 t a bid is MqW d for the mtwo w^ the estimatied qma ides set faarth in the: bid schoduTe are solely for fire purlxrse of wrnpariug bides and":trial emp atkm uPHiar the twit will be baw4 upon ft ac#ual quontities of work satiafictoei1y eompl-k�ted_ Thw BIDDER a1w ver. iAer. that tEm bul is a bdwmd bid. In eccm*m with SeeQcm 707B.1 S of the Cahf4rrtiA Bu�iness and Pmfewdow CAi de+ the undemigned certifies under penalty ofpud ry that the wing is Ox "wmct Nanae ofMM sipaom ofRl] Titha Uwrwr (lf an individual, so Mate. If a Biro or eo-u-WCMhip, ;ter, the firm nameand dive the names of all iu&viduai co-parmm compasJlng the furn. Tfa wrporwian, stm ir.0 name -01-cm7ormior, wbd namm ofPmidnnl, 5ecmMry, Treanor and 1 winger. tkmof.) P-3 of P i City Council 14 — 8 9/20/2022 CM OF SANTA AN A PROPOSAL PROJECT NO.,. 22-1201. 21-2750 & 31 S kNTA ANA C17Y kIAL L- SECS AND FffTH FU)OR- TUNANT IMPROVEMENTS CQk!TRACTQR'S 11MMNG AND KbOTSTRATION STATEMUU 'X k wp& x-;iZncd cam, or omporale o#1ic4m' dwiares under penalty ofpagury that �i A� and a[I h1wTLut qubumtmcbm are rcgivtorW vdtb [lam Suo of Cslifix3lift Brien, Of ludukhal RtIaT owm (DM), and dish t1,c fativwiq ir. true aul cwrcct. Comactar`s Nww, Meyers Cansln.rction Co Busrrcm Add; 833 Biackftrrwe Ave, Long Bewh, CA 908D8 _., B mr.Emm E-Nt&d AdAfi-css; Meyers.ser rites@m er-9Cons3 tionco. Court 212-21 3-57N 3tme Coomm; s bier pw No- and Class' 988356: GuaeMl 8 Liema Expo lam; 1113012023 Swr let. of lrndusv iaC Ralati FR) Rgistratim No,., State aL of Tedas l Regimatiou zxpirdiqftPj Sim: Tiik ()WnOr 1i1*1114 4aACi P-4 of P-17 City Council 14 - 9 9/20/2022 CITY OF SAYFA AN A PROPOSAL PROJECT NO,, 2 2-120li t F-77S0&Z2-0501 SANLA AtA CHALL— SPCONDANDFMt17LOOP.- lEliNL WrnF QVE--M0%rT PREVAILING WAGE COMPLIANCE AND )1 OXIT BRA NO STATEMENT COrk rJUW i$ aW4M Of dra R gLW1CQM0UtS Of (Wjfarnia Labor C4>dO S-=tOn 1720, 9 scq_, 44 ;+Heil U Cal Kbma a Code of Rcgutatioasy ride d, Smdon 16,000, of mq,, C'Frm i Grog ;Nags Law:5 "% wh O rrgwm the payment -,f preuaili rLg w%gc ra%N end thm perfgnnaregc of a&rr ra uirnr nft M'public works'" Since the sec-4^ m an bung performed as park of an RpOioblr, Vublio Worlks" -or` Iaumce , j 1. as defined by ft. Pr i-Jir g WW Laws, and rime Lbe tort corapen on is 91.0W or move, C=netor agWS to hilly -C�ly with 9U0k PtCVaiiihg Wade laws, City s ail provide C onW=W wjfh a c.py of the preeaiJiUN =trs -ofper diem wages in r.Mer al the m= n ncnl of this Ag*MmL Con�r.tor $bull makt supra of the prevailing r9c6 of per diem wages for eacb crak el mifim6m ortypa of worker needed to ex,ecwe the w6ces availabic to into te-d parties upon rNuaamd shall pow copies ut the Coairaetm'6 peal pace of buknesr, and at the pMect am niractar shall dcfead. k dsemnify & d hold the City. its clamed of3icrals, of ums, employfes atd apnls Pei -Rod hamlea #'rm any cla.irn or I mobil ity arising out of any hi um or alleged Mum to amply with the N%evailing Wap Iav,,s, The undendgned semis that tho frregomg is true and mrnw;t. Name of FGrm Sipatme Of B 1 'title Cwner (if an indiMUml, w oa�c) - of P - - City Council 14 — 10 9/20/2022 CITY OF SANTA A it PROPOSAL PROJECT NO.: 1201, 21,2750 & 22-Ml SA'NTA ANA CITY HALL— SECOND AND FM i* FU-)OR-'C + ANT DAPROVL•'MENTS OWN FPS HP ArrOAVIT STATE UiF CAL, F0924 A CCUVrY OF ORAWOR CrrV OF 5ANTA ANC. p MMVI YLIAL 'Fhd b iefka k thrpmM mnkm6 the fbiagal. g m1wid' ❑ PART912-It$t IM Thd huhhe 6 mwwmAw of+hp cpjmwtmm Fp Arm dmignrdrd -pw. and wb4 bm hm wa is dalw wtsl;: with 04 5+ W ma 4 and Gi=ag inhl-- rfi+k FW 6# L'01-pa rM1014ip hy7 {OR P+)ILA'jW)N -1hm k It op. i Wrp4mdAm }itLkh is M*jng Olt � Ln PID MI! ❑ J0111•T %IENTrJRE Thal 110 id o[ tmriP(hcrmvirpmnkmg11LetrwWftpmlK 1 W,zkjIFi71 %%mhm d&WLUmfid-fl1Chmksm and t& duly vcsmd YALh iFA auchm ty {o tkmeo Imam- is tkyr an am hcMlFof the Pam" mal* saki bid who are! Lhat soli ii �rnd hiA eamivt uT &bmn, and has na is airy i,ixr+= wuoi 4 w1Ljsion to g mr- an .31 Lage $gai r*t the City of Sanil Ana er any pemoa iffitnrested in ffic pm"ed 5i tLLM- of officer AArainistering Omh (Nowy P blk{ City Council 14 —11 9/20/2022 GG�rfrFrNMf� �20 ❑ur jmt :,i (NDZo W¢ b r lJ -,W 1-6 hISlDw) L7 ,qen 8t"M Wrt 15eIcrr7 (uric 1 -B to In,: =MPlerhae onv L�y ti =MMprLt -v T.,3TW1r gat N-0tafy) �---r--v--�:.--------��—--- ---— --- —as:---, ---�:.. .. --- ------------- Y�rrr�"trrts o� noumv rt strer Noy. 7 A I Kam' G4 ,b51t nr otfkr Imr ple6riq Uti1G vutFQ!sy tfz $der,Gby bf #le Indi lidual wFrn Qf if;af �MLUTIV t to VhXM -& i c[�jlt� �� aril nWL tta , 11 4 rrar:y, prval� ,r rn r.- .� of �ba�-rile and gvMm la (or ui MOq Ana M-i� C;0'jrrtyfrithIs— dayOf2a� b Year )L ' Nr.�r; Iwo VIIr af�' Pr�re prmod to rrb orL tbr, ovals of 614rY GV16MQ�k - ' LaL �, to ba tha pannno vif o tipgaarr-ed #ef-Drts 1i16, - c' Car+iR�+L�4d M 37f1 S�d p3jj� !� ta-y SaSI tr ova j�O,Ur i LVS 5-gCffpn i5 DpZ# 1gZ a M.XV6 g V?7 B '7r .M-V = d(7t f a!M'096D EX, t?0 document oe' LeduWt fbqtj�j a'Xmar,� of fo ffn ttj an rlf]ffiF� Cbar broown ar?t DCoSOrtptlon of Afarehc�d 0UD U MItr UNE- ar Type of Doutiman —._ --DQGumerrE Dafa: - #Junbw of pa,�, m; . nary) Sher Than Ham a� Aqc= L-' a Naj; onal Fi r{ �' ,�clEki rt 'hww.NadocjaLNlofaq{,m r 1-BDI-US NOTARY �1- s.jm7840 City Council 14 — 12 9/20/2022 CITY OF SA NTA ANA PROPOSAL PROJECT NO.: -1201, ? 1-Z730 & ZZ-05-01 SA.0 ITA ANA CITY H A r .L - SE.0 '1) AND Mr'F{ MOOR- TENANT 1 PROVE E- NTS ElD BOND KNOW ALL PRFSENT that .M�eft Donsyuutmi Co. ? M E. Et Cadre! St. Lang 6aaoh, Ca i S , m ]ADDER, and Amorlaul insurance Company iYo C43rA-2 fSycntxa N,rd. ETE 4M. V1oodlend as SURETY. are he-lcl and fi=ly bound -umo tke CITY tAI- AN 1 A AN A,as M iENC Y, in the pmal sik of Cne Fkr W Rnly LM:m thousand dglLaas and nG dents D011 (5 193,00� -QC� ), T1 hicih is ien pmew (1 of the Lotal amount hid b+r 13TDDER to AGENCY for the ahov`-ipted projem for the Poem of which sum., BIDDER and SURETY agree tD be bound, jolnily and severally, farrnly by these presents,. Y 1 i F CONDITION S OF THIS OBLIGATION ARE SU CH thy#, whereas BTO 0 FR as 4wol ko s*nit a bid to AGEN C Y for the above-statzd prof cv, if sWd bid i s rejected, or if said bid is accepted and a contmt is awarded and enk-red Into by 5 MbM hi the manner and thne specift€d, them %hi s ob] iggion shall be nil I and void otherwise it sl-n l I mmain in fui l fowe Emd effect in favor -of AGENCY. IN WITNESS WHEREOF thC NViCS hCreU have set fir manes, tales. hinds, anal sea] this 10 i47iff51r3i ArpmO Imuranoa C4wwariy er, r--MOIA-20336 veniti a Blwd. STE 425 V'Joodlafid Hda. -Ca _ . Subsctihed and sworn to before me a±tVLAZn �4 y-' 04 —7 � day of N-oPublic in and for zhe Cowity of i + . slwa of 4 ti ,,r gl'ti * Provide B1DDERJ SURE 1`Y Lgw-nc, addrrv, and telephone number and the na c,, tifir,, address, attd tetephone number of authoriLW repre and ire. souk Ineul — C�npa-ng pop pfd�;l� 34A8G Vonlunr BWtl.:TE 429 4tihs�MnF �4, �+ rr -I '.fi11 #r�IHes ��� {8�Y7rrti�a,Lx" d j"X1# CNnr. rjFITS 4W p fi TO;j- City Council 14 — 13 9/20/2022 P-7 of P-17 Cn Y OF SANTA ANA PROPOSAL PRCUECT NO., 22-1201. 21-2750 & 22-0501 SANTA A N A C IXY I IA 4L - SECOND AND F[FTR F1JWR- TENANT OVEW"S = OF 5UB-CONTRACTS sect�oa 41 w a mq4 of ft P�ibtie Coarm Caie rNdre gofau sufxcm"am wiLb Lhe bad for all !Vuk-fmn n1 wC6c 0aONRug Ib f.Ouowi[Lg UM; 0 $bmvhs, highr ayK rnduding bcidge pro�ecw V:°I„ cif the hid car S 10,000. whiclurver is growr a Ruud 4s, pmrkl, or otber Pnt*N_ Jri°& of &�e bid c6an I72�_5 of t4r, F bIW Qmlizc € odo rcg4tes Hlt SiiNontracim ha r-giRd-ded wi[h dL- SMW Depa tumu Uf h duffWial Rsls w6 (DIP,). BIDDER propo= to sub==Fcmuln pwtjaw atie work ixp the frm Imad b ; N unw _ Liceaae WExp. OTR Reg. x9xp, Loration Phime _ -rypc of Wark Amount 5 None_ UM0S:D # EXP. Lgcafiaa phMM Type Of wark Avkmt S raft qua- �►�. Lice w # L.w4an 1i�omr TYPE Of Wow - — Amount 5 ipaiR Bi Names F icense#,+Exp. DIR Reg, #lRxp- ration Fbone Type Of WuTk Amaura NW31t_ Li --ne 4YE4- OM Rag, #. Exp. Liter # IQrb on Phff c _ Typo Of Wade Amowt S Nµne _ LRxmn I xp- DIR Rq& AFExp- Limnq 4 Loc atioa Phone 'f_vpe Of Flo# AMCMFVt City Council 14 — 14 9/20/2022 CITY OF SANTA ARIA PROPOSAL PROJECT NO- 22-1201, 21-2750 & 22-4){01 SANTA ANA MY BALL—SEG`OKI) AND FLFM FLOOR- TENANT I?alMOVEMENTS REFERENCES The fal louring am the nnnici, 4ddms , end ZejcpNww nurnb far 11MU public aWais fix which [he g1DD has parfornxd similar work within tine pat U= year- 1, City of Santa Aria 22 Civic Center Plan, Santa Ana, Ca 92701 Nwc $nd Addof Owxw. Cry Sahene 714-30&-1865 Name and Telephone Number of pwon fzEm-51 imr with project_ $144,000 offloWrestroorn remnation 3130 coffu=i AMMMt Typr nTWorlr NEC Completed I + of Santa Arse 22 CMa Center Plena. Santa Aria, Ca 927-?1 Narrae and AddFe6s of OWW, f�nbart AguI ra '114- - 21 N amr, and Tcleplwae Nuabw of Peron familiar with pmjCceL $100,.000 iffic&restmom renotiraiion 12JI1120 Comet Amount TM Uf Wwk vac Evompi 3- City of Torranco 33DO Clvic Center Cr. 'forrance, Ca 90503 Nameand Addy % cf wmur- NInaSchroeder 310-781-7151 Name and Tekpbme N umber of person tam it iar w# h ptgjwL $156,550 Cc==L t'mow t Nakano Rostruom remodel Type of Work .. 12011@ DM Complelod The following am the mum, aiidmsei, and Ll-cphono L-Ld7tbcm of all brgkor.9 an4 mwvOcs ftow whm BIDDER mends to Vmmm ino nu and boo& A,goffieut Acord SuMers Advantage Insurance Services ?-9 of P-? City Council 14 — 15 9/20/2022 CM OF SANTA ANA PRO A L PROM CT NO- -1201, 2 i -2750 & 22 0 t S,ANTA ANA MY HALL— SECOND AM I;1M I FL R- TENANT TKPROVEMENT The PDRow- ng ark the niLmes, wk ressc&, snd rclaph€�nr- p„mbm fhr THRIE E *he a9takeleS fir which the ]KOID air $LkbconorLr has po, fm! cn d aitnilar wo* in 6pan five YOM. t Clty of Tormnca 3300 Civic Ounter Dr_ Torranoe, Ca 90503 hamo and Address of Dwwr, Nina Sehrmder 31D-TSI-T151 Na - Rnd Telvpbmu Number of famiMar wilts ptoj0nL ?51.000 =S019 J fpO Restwrn rerrmadol Contract Aino=t Typc of Qc Iota C#rnptawd 2, Chy of Torrance Name end Address of owner.. SchmedeT S10-781-7151 _Nhe Namit and Telcphonc Nu nbrr Qf arm familiar viith projwl, ?60 00 RD restmarn remodel Cowroct Amount Type of Nark D= Crngpleted City Df To"11 3300 Civic Owrter Cyr. tormnee, Ca 90503 Namo aed Add od owner, Nina Sahmeder 310-781-7151 -Kwnr, and Ti done Nuwbo+r of pamon fiwiW r with pmjic .t, S1 D5,000 FRre taWn rest rn mmodal - 1217 (V18 Contract Amtauet Typo of Work Bate C OU4A kedi TM Ulowing are the narwi, adftmer., and WWbocte nt mberx of all bmkcm and sureties from whom I3LDDF,R Intends to pyre insmtwe and bones, N 10 Of P-17 City Council 14 - 16 9/20/2022 CrrV OF SANTA A NA PROPOSAL L PRCkJKT NO- 22-1201, 21-2750 & -0501 SANI'A ANA CITY HALL - SECOND AND FIFTH FUX)F.-T!~NANT IMPROVEWNTS NQN&qLLUMQN A FFfO (Title 23 Unitpd Slajo Code Scclion 117 and Public Cwtiwl bode 90otiors 7106) In a mfirrnanco wadi Titie 23 l3nhod SWes Cade SW&M 112 and Public C-untrad Cede 7106 the WMER dcC lUM tl�al tie bid is not me& in tbo iinwrat of, OT W behalf 4 ate Undi. pin, parinarehip, company, associafinn, man h l c n, or wrporutionz that fe bid is genuirw and nut corl"Aive of sham: that the BLDDER hay not dimal+y or kidiipc#iy ind iced ar &oii t d any od= BIDDER to put in a fad or 9bW bkL and has nor dkwdY Or ind mr-dY ooyluded. COMI redo cx=l vod, or agreed With any BIDDER or myoue else to pvr in a man bid, oT #hat a yone sball rofrain frm bidding, that the BU)DF PL his nc4 'M "Y M nwr. di ray or odifflctly. W"ght by agreemeok comrnUMQniict, crr conferewe Wilk any(me to Tip the bud pd" of the MEDIDER or any oth-er 13TD33M or w frq any ovarh . pi`01r, or -C� Clement Of d c bi-d price, ar of that of my otter JAIDDE k, ar to seu re uay advaramp aj iftmat the publk body awardi;ug thu cantrad ofugarw ir1ftmntcvJ in the pmpoaed c=tracr; that all Wt mints oomts Bcd Tn the bid arc Ouj;- and, fwtlrar, that aw 8JODER has not, dirty Or indimwtly, submitted his or ber bid price or wry breakdown jhe=f, or the cVnt&nt& therwt or di;vlged informarion or data relutiive 0, w PaK w0d Wili out pay, any fire Co any -cnrp ratioa, parffienihip, mmpauy McGiativa, -niz2r;+,as- bid dalmaiuny. or to any member or aj�crtt thereof Co CifMIUaW s Qollu5 iVm or sham bid. Noty The abase Non-collweiva Affidavit is Fit. of Che Proposal, RIDDag = caufinnc4J that nwking*Wrg gcrtaf[.Gp4m rztay guWgEt the ptrtifier tfj criminal prosecution, SiFed stag of Caiif'orn La county of AT 1 CAI ED CALIF U RAT — Sul rpbcd and bwom to (or a1lirffl0dJ before me cm this _ Jay of . 2Q__, by proved to me ou 1he basis of sati�f-Xoc_ y cvi:&wo to be the p mD*,$) who appeared before me Notary Public Sifgmtufe Nolaiy Public Seal City Council 14 — 17 9/20/2022 GOv1-=FfflM1tNi GOi}E § S2oP. gee .:kaoh�d r irr�srrk t it cross irk ,Gnfls 1-5 b+ tj Sea 5���9& Belmar NnHG 1�'M be c np1 artily lxsf dQ�srr,arr� Ipr r[s], l+at fJvk�* ) o— — $rjrrar lwo- 2 `arid! Teulr, o? ISO mart er Aft T �t o r ocurr] �Y� A r�n1a ' puhTl oe dtr r =r %�xnplo�ng th!s [:gM vfi1' qdy the ,ems' jjf ihn tdvi± d arr�rr� to h,l fd dd d i a�:e F�, lind nct t]G 1?utY#Whfjss, K.-jrem� ar44b+ of tmat dw,xnem, - Siatb U[ C�O]1Fo'2'Lfi _l x,DUf(�}+ of �� Y' 6x-. rls&jNj.F 2142 N4 hLv LPG r 0 1 FO 10. 'LU5 $41t{3�;r1br -,d ff1 rff7 5�f�brr�rjn& Qnthis ,day of 2 by (and -� NA,,rG! of 8ly"-w m pn:Nmd to me ar, -�),b Of -20fm 4 '-� r Er Id-8naa w be then parh3m Wba Fppeu-s(j E)Dtl2ru I I LK), A 8�ir� ra 3fgrjff,'U(e crf hTOtay P-LY1C S463) P4'aD', Nam}' SSla? d' n.pu1 h his �c ara,rs7 ,pNon�,.a,�r,� vuMj9��r,!;r �.F ,r�fOrr7raVOn e i dater a 6vn c#f thc datum W �CJ4YI 'aL f 6�LL-4",�h f mt of L' IfS iv an uIlTn�ded dLwmapi4 I)mGrfpUon c f AtE--r,31� DQQu rn-ff 7Y. f of Typo rrf DOGJra I&111; IJo Ln7l&"Tt D�t6� Number r,' Pa8 so: _ SIgner(a# Other I a Na gnW Wwy A aodr�k n -1; uqm • 1-8CD-UI,3 NOTARY f EM t591 0 City Council 14 — 18 9/20/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: -1201, 2l-27 & 22-M I SANTA ANA CrTY 14ALL— &E-COND AIM F[>?IM FLOOR- TENANT ]IdpROVEMENT Tbc undcrsignind omftAeLor cc coeporart officer, during Lite pcffomwwe oft this eonmt, oerti Fiie s sa fnnowfi: I- Thu Gratrwtor sibsil not diacrirninew E st any empTroy$e or SPp}ieIT rot tvvloyme= because of rar,c, vokwT vc!14 4% sex, or natiorii origin. The} OMtrWor sfiati rape afiamalitt ftcti6ti J6 eftUW jbAt applicar (B arm CMPtQy aril th2f 0MF1PY= e1U tYU10d during employ"L WI hOW, retard ka heir race, ccl-rr, rc[igrnn, sex, ar rietinal on g.i rf, Such e, M shall include, but not be fimiW to, Ihi fallawi ag; employing TJPgr & dcmoraoal, +1r tranar; r$cruilrtlent or racrahmem adwertikng.; layoff c,r termin0ikm; raga of pay or othm fixms of compensation-, end sdecdoo for training. including apprcntir hip. The C'oorrs or agrees to pit in oxwpicucm places, avow [able io err ooyee s iond spplicanis for crnptw/mrnt: notices to ba p Dviidzd mmHng fuM the provisions of tbi8 clause. 2_ The Come r gbah, in $01 solicitatioas of adver#i5cmcrres for ee 10yeas Plamd by Pr M hobalf of tho Connewr. state tbt ol[ qudified applicants will receive wnSiidcratioo for employment with= rogard tv ram, Dolor, retigion, sex, or ntitiofiM1 Or; r,_ 3, The Co>rrrr wr shall se~r'id I* cach labor union of mpr=r tive of workers wit1 mfisch hOsbe has a o[)n .th;t bargaini apxmcm or otef manct 4 r undcTymndiug, e. noke to be pruvULd advice ft Said Labor miun ur workm' raprmcnlaLivcF- rxf fi,c Cootrt, is 1m itrmemrs under this se4Clion, and shalt post -copies of the mdc a in cmspicUMIS ptsrrs aVM io errtplOy and 3ppliC4M13 fOt omploYrryML 4, Tilo Contractor andl ugly with D pruvisitnw or P-xccutive {order 11246 of September 24, i 965. and of the roles, regtlutiions and retayr mt ordm a the St crw&7 of Labgr_ 15, The Cmmctor sha11 fturniA all inforn-ittion "rffporLs rcgvired by Executive utive r 11246 of Scp bet 24, 1965, and by rulfs, negulatibiiii, and ortim of tiler Scizrelary of Labor, or pmum thereto, and will perm it access to hislher books, rec4mis, and scwunt$ by thu adminis dng zoxv,y and The Secrete of FAbor for pu,posm or invcstigelian, to asut: ait+ 00mPl ianm with AUCh fLd ft, Mgulatioa% aril urtlMh. 6. in th-c event of tho mt u+ ar's nm-complha= wzlb tlir~ J1cn tit n minat;on Olamses of this caUtF-=t of wQh any of the grid tUbS6 e0 leltiona or arm 4he caritracr may be cariccic4 perminatcd, os wqe&Iod in whole or in plot emd the Canvamor may by deOlarrd inelWhle iwr fmlj= Co-ycmmrr t wunpi or federally a9rii W wnstruction con -Ls its acanu =p- with pmeedures authorized i e f; xmazfi o Cltda 11246 of Sopmmber 24, 1965, and sueb Other unctions may be irripu6sxd and rcrrrodkF, invok i x; provided in Exmudvo order 11246 of September 24.1965, ortry rtd , re�ulatroas, w undrroftho Sombuy oflabor, or asvdr crwu -se gTOYjded by law. P� 17 of P-17 City Council 14 — 19 9/20/2022 CITY Of SAWA ANA PROPOSAL PROTC, CT NO,: -I201, 2 1-2750 & 2Z#�01 MANTA ANA CITY )!BALL - SEUM A ] P T--rl-1 I~ l lR- TENANT II ROWMTNT's 7, 711c Cnnlr=1DT shal I include Ibc putkoo of the mnT& cc imnWdiaftly PmWiD9 PUagraO (1) and Lbe provisions of paragmphe (1) Hugh (7) in rvcr} subcoaLtut or parchmc or&r imlom e=pledby ruin, reguWims, or ord9x orthe Samvtary of Ubov 1swod p TT.=t to SoL,Eiaa 204 of Lrxeeutive Onder 11246 of S plembet I965, so That such piuvisioas will be bi n6na upon h auWmimct or pwrftse order as the admfin any may Lfaw as mealls of enforcing such provisions, induding smmdona for inomnrpliame; providecL however, tbAt in the -cvcm tho Contnwtar be mnm m- vol-wod irk, -or is threatcnod with. Iitig on with a subc,=t ctue 43t wendot as a resull -of m6 dirwiou by the admini5taring agamy, the Contractnr may mquint tlit the United Stales cn r intro mh Iitipl�m to pro= ttm intamt; of the Uniwd Siates, 9, PUMUROL tD California Latwr L;ada Smicn 1735, as add by C mpter 643 StatiL 1939, and €L; amvndec� au diaTin�t.ion shall be me& in the miploymcvt -of persons upon public work because or mrc. mligiums creed dolor, nedmat origin, ang ry, physicftt diCBpr., mertut rcH' dhion, mahtal smusy 6r ofsuch p l , =bpt A& p ided in Suction 1420, =0 aoy cants oar of public violating thins Section is subj t to ¢l I the pe"altics imposod for a violation �f the , `i , Signed: Title: der ` F;= Meyers Cony cfian CD a'29)22 ?-0 ofP-17 City Council 14 — 20 9/20/2022 T['Y OF SANTA ANA PROPOSAL FROJECT NO.. 22-1201. 21-2750 & -0501 SANY'A ANA MY FIALL— SMQI YND ,AND F[FM F[ R- TENANT RaR0VFWPNT9 STATEMEM REGARDMO AMEN7'1`R:I;S141 P R EQUfRFMMM T17c undemignod 61 DDER u+ f m-Miia wilh ft Mguf mrnerrls of Sectk m 1777.5 of the Ski Labor Cade re rding nvloymcat or agprcwcas, srrd undvrst a Clt t trati. M on oanmm emN de"g $30,0W or 20 working da},5 A%11= 1 _ Apply w the joint apprcartioeship &e apprea6xzhip elvdw* (rr the cmf1 or track in Lhc mcea ofthe situ ofthr puNiic wok fur a om-Uftm apprcvi ng the coawactor undcr the eppmn#ocohip {tanrLnds for the cartp"aan and %aiuiug of VpMnOoes i ri the area or indaery alf6e-tt:1. 2. $uFplQy ibt m mber of apprwdces or the ratio of Apfvntioes to journe}lnen GIIPWtftd in il,o ap Ctti=hip siamWrds, 3, CcmtrBute to tfie fund orfunda in ewh Wt or um& in which hehhz cmployi jawrneyiiell ur qRavnikes cm Lho purl" ,Work, in the s� amottttt or upon the s basis and In ffic same manner as tlhc char ' rare, uccpt oantrsctors not signatory to ft trust agnwmentshall. Pay a k6 amount tirmship veil. �i�C+icc1 Titic: Owner Mepam c.Dnstrucftn Cc hate, WW22 F� 14 Of P-17 City Council 14 — 21 9/20/2022 CITY OF SANTA ANA PROPOSAL FRO FAr,1' NO,, 22- E 201, 21-2750 & -WO 1 SANTA ANA CITY RALL — SBCOND AND hIfTH FLOOR- T NANT MPROVE M EITS TAT M ENT RECIAkMN6 "AA T1- X' ACK7 fir-,QUJH EM BNT Tk undcrstgncd is submWipg this pmpasal f4r pe`fo miug IYy =Tract the w0A YNdked by then k id dorAl CMls, aYR m 10 ply with the Copciand "Ar��-Ki btrCk" yAct (18 [ 74) as & ppllc �1�T1W ftheabUF iC8LE��iMS 9 CFi, Part 3). F 5 aut �� �� 4Rt -CRd3 OLMI Wtl be prohifritcd Fi= inducing, by oy means, any per6an loy�od � 1he of public w o& to givr, up any pat of the eompe tioa to $id; 1� , Llx�� - Yule, Ow1her Firm: Mayors Comnructi)n CO late: 6129M City Council 14 — 22 9/20/2022 CITY OF SANTA A1V �L PROPOSAL M ECT No,: -1201, 2I -2150 & 22 O I ANT'A A NA CITY HM-, — MCOND AND FWM FLOOR- TFINAN T 2AMO + TS �QNTRACT CODE SECTIM 10162 O P.STIM in conformance wish pmblie Cwftul Code S tion 10162, the DID ER chill conip�el e, Un&-r "OILY of per jury, #1w following q d!M11't: Has tho BIDDER, any officer of the BIDDER, or any employee of the BIDDER Who has a proproewy irrr = in the BIDDM ovor men dimiL lif]" rumO'ti 4 Cw othemisk� p e%'QaLed ftm hid4ing on, or pletir g a feral, Mate. or local gowrnnwd Twojea bw:luw OF 1i v iOlttion Uf i2iw LW s safety Troufation? Yea Ne If thet mmswcr is yes, explain the dwuMffWawzt in the ft lowiq %no- -I6ofM? City Council 14 — 23 9/20/2022 CITY OF SANTA ANA PROPOSAL PROJFCT NO.; 22-I201, 21-2750 & 22-0501 SANTA ANA CITY HALL - SECOND AND F1F1rH FLOOR- TENANT RAPROVEMENTS STATE[ 1�1'1" REGARD NCi COMMUN ] RCE A Rt~f:: �C 1 This is to cetlify that the undenigaed BIDDER, 8nd !iUhC MWt0M have read and vndCrstood the CWA entered into by and between ttre City of Santa Ana: the T os Affige.levOrVi8t CotMIAcs Building and Coostruutluu Trades Council, and the sigtatoory Grail Counail9 and LAXW Uniam. ofPective ss of September 1. 2017, The CWA is avai]abtt at; a watrlM1mvritn,q;'C'W _ f The undersigned BIDDER hetoby agrea to eamply with all terms And conditions of the CWA, and is capab a of completing rcNIA111COOn of the project ctmtirmously. and without iaterruptk= or dcfays. If awarded any work cowered by the OVA, BIDDER wi11$ls0 be r+equirod to sign the Letter of Awwni that appears as Attuhme,+nt A to the CWA. The u rsigned H hR has ii�viewcd the Public Works Canstruction Permit mud required dcposit dwcn-btd r ,,2a j, the Notice of io►riting Bids.. Signed: Title: Owner Firm: Mayers Canatructon Co Date: 6/29/22 City Council 14 — 24 9/20/2022 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 22-1201, 21-2750, & 22-0501 SANTA ANA CITY HALL - SECOND AND FIFTH FLOOR - TENANT IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 201h day of September, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Meyers Construction Co. (hereinafter "CONTRACTOR"). WITNES SETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Ana City Hall — Second and Fifth Floor- Tenant Improvements Project (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 One Million Nine Hundred Thirty Thousand Dollars and No Cents ($1,930,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. City Council 14 — 25 9/20/2022 rev. 09/01/2017 Page 1 of 3 4, CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed, 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www. sa.nta-ana.org/pwa/docunaents/CWApdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, famish 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 14 — 26 9/20/2022 Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The 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 Indemnitec. 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: SONIA R. CARVALHO City Attorney �By: �. $v � JOHN FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Meyers Rqtruction Co TIT�f fey, �n�f City Council 14 — 27 9/20/2022 Page 3 of 3 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-1201, 21-2750, 22-0501: SANTA ANA CITY HALL 2ND, 5TH, & 8TH FLOOR TI Construction Contract $ 1,930,000.00 Contract Administration, Inspection and Testing $ 193,000.00 Contingencies $ 389,500.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 2,512,500.00 City Council 14 — 28 9/20/2022 PROJECT TITLE: Santa Ana City Hall Second and Fifth Floor Tenant Improvements PROJECT CATEGORY: City & Park Facility Improvements Municipal Facilities LOCATION MAP A N 4 CITY OF SANTA ANA FY22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Selective demolition and installation of existing non -bearing interior partitions, electrical, finish ceiling, finishes, and plumbing fixtures. EXHIBIT 5 PROJECT NEED: Facilities at City Hall and the Ross Annex are currently undergoing floor renovations. To minimize the impact to daily operations of our employees and the general public, work has been programmed to take place in phases. The existing facility on the 2nd and 5th floors of City Hall are outdated and some materials are beginning to show signs of deterioration and need of replacement. This project will include updating lighting, plumbing fixtures, finishes, demolition and installation of non -bearing interior partitions and ceiling finishes. Once completed, these improvements will enhance not only the physical aesthetics of the floor but also keep our facility in compliance with the latest building codes and the American Disability Act. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 2,412,500 - - - - - - TOTAL 2,412,500 - - - - - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 2,412,500 - - - - - - TOTAL 2,412,500 - - - - AGENCY: DIVISION: CONTACT: DATE: Public Works CIP Engineering Mike Ortiz, Senior Civil Engineer 18-Aug-2022 City Council 14 — 29 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Custodial Services of City Park Restrooms and Park Buildings AGENDA TITLE: Amend Agreement with Valley Maintenance Corporation for Custodial Services of City Park Restrooms and Park Buildings, Increasing the Annual amount by $200,000, Not to Exceed $694,095 for Four Years, and Total Agreement Amount of $1,976,380 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Valley Maintenance Corporation to increase custodial services of City Park Restrooms, and Park Buildings for an annual amount not to exceed $694,095, for the remaining term from September 20, 2022 through May 3, 2026 and a total agreement amount of $1,976,380, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION As of July 1, 2022, park maintenance functions have transferred from the Parks, Recreation and Community Services Agency (PRCSA) to the Public Works Agency (PWA). PWA's Parks, Fleet and Facilities Division provides custodial services for park restrooms and at various park buildings through a Contractor. On February 24, 2022, a Request for Proposals (RFP) for custodial services was issued by PRCSA and Valley Maintenance Corporation was awarded an agreement on May 3, 2022. Valley Maintenance Corporation provides custodial services at all City parks. Their highly professional and prompt responses have been instrumental in keeping well maintained park facilities. With the recent adoption of the City's FY 2022-23 budget, the City Council approved an additional $2.5 Million for park maintenance. Staff determined that the public restrooms would benefit from an additional cleaning by increasing the frequency of services from twice a day to three times a day. In addition, in an effort to provide clean facilities for the public to enjoy, Valley Maintenance will include pressure -washing services in and around the public restrooms. City Council 15 — 1 9/20/2022 Amend Agreement with Valley Maintenance Corporation September 20, 2022 Page 2 Valley Maintenance Corporation has provided high quality janitorial maintenance service to the City since June 2017. Staff recommends increasing their level of service to implement an enhanced cleaning at all park sites. To fund the enhanced services, staff recommends increasing the agreement amount by $200,000 on an annual basis (Exhibit 1). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available for expenditure in the current Fiscal Year 2022-23 from the account listed on the table below for the requested increase of $200,000 to the annual amount and will be budgeted in subsequent fiscal years. Fiscal Year Accounting Fund Accounting Unit, Amount Unit -Account # Description Account Description PWA Park Maintenance 2022-23 01117651-62320 General Service Enhancement, $150,000 (Sept -June) Fund Maintenance & Repair Buildings & Grounds PWA Park Maintenance 2023-24 01117651-62320 General Service Enhancement, $200,000 (July -June) Fund Maintenance & Repair Buildings & Grounds PWA Park Maintenance 2024-25 01117651-62320 General Service Enhancement, $200,000 (July -June) Fund Maintenance & Repair Buildings & Grounds PWA Park Maintenance 2025-26 01117651-62320 General Service Enhancement, $183,334 (July -May) Fund Maintenance & Repair Buildings & Grounds EXHIBIT(S) 1. Agreement with Valley Maintenance Corporation Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Kristine Ridge, City Manager City Council 15 — 2 9/20/2022 FIRST AMENDMENT TO AGREEMENT WITH VALLEY MAINTENANCE CORP. TO PROVIDE JANITORIAL SERVICES AT CITY PARK RESTROOMS AND BUILDINGS THIS FIRST AMENDMENT to the above -referenced agreement is entered into September 20, 2022, by and between Valley Maintenance Corp. ("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-2022-068 ("Agreement") dated May 3, 2022, to retain Contractor to provide janitorial services at City park restrooms and buildings. B. The Agreement is current and in -effect through May 3, 2026. C. The parties now wish to amend the Agreement to increase the scope and compensation terms of the Agreement. The Parties therefore agree: 1. Section 1, Scope of Services, is hereby amended to include the additional services as detailed in Exhibit A-1 to this First Amendment. Contractor agrees to honor the costs reflected in Exhibit A-1 throughout the term of this Agreement. 2. Section 2(a), Compensation, is hereby amended to increase the total annual sum to be expended under the term of the Agreement, including any extension periods, by $200,000 for a total annual amount not to exceed $694,095. The total Agreement not to exceed amount shall remain $1,976,380. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Branco`-i Salvatierra Deputy City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager VALLEY MAINTENANCE CORP. rue M. 11wang Vice President [signatures continued on next page] City Council 15 — 3 9/2077EP ft RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency of City Council 15 — 4 9/20/2 22 EXHIBIT A-1 City Council 15 — 5 9/20/2022 ABA VALLEY MAINTENANCE CORP VALLEY MAINTENANCE CORP. 11759 Telegraph Santa Fe Springs Ca. 90670 TEL: (562) 948-3020 Fax: (562) 948-3081 SERVICE AGREEMENT PARK RESTROOMS 3RD CLEANING & PRESSURE WASH 1. WORK SCHEDULE Park Restrooms 3RD Clean and Pressure Wash 7 days a week 2. TIME OF SERVICE 3RD Service Visits a Day: Between 3:00 PM — 7:00 PM 3. JOB LOCATIONS 32 Park Restroom list are attached 4. WORK SPECIFICATIONS Per existing service contract work specification 5. SUPPLIES Cleaning supplies will be supplied by: VMC Restroom supplies & trash liners will be supplied by: VMC 6. SERVICE CHARGE THE SERVICE CHARGE(S) FOR ABOVE DESCRIBED SERVICES $ 15,157.00 Per Month 7. GUARANTEE You are respectfully requested to examine the results of our work and if you find our workmanship and finished results to be less satisfactory, please call VMC immediately so we will correct the matters within 1 hour. 9. ACCEPTANCE Please indicate your approval by signing the acceptance line below. DATE OF SUBMISSION July 8, 2022 OF SERVICE AGREEMENT Valley Maintenance Corp." City of Santa Ana City Council 15 — 6 9/20/2022 3RD CLEANING DAILY PRESSURE WASH TOTAL LOCATION Address 1 Cabrillo 1820 E. Fruit St. $ 245 $ 200 $ 445 2 Portola 1750 E. Santa Clara Ave. $ 245 $ 200 $ 445 3 Santiago RR "A" 510 E. Memory Lane $ 160 $ 200 $ 360 4 Santiago RR "B" 510 E. Memory Lane $ 160 $ 200 $ 360 5 Santiago Cabin 510 E. Memory Lane $ 140 $ 200 $ 340 6 Fisher Restroom 2501 N. Flower St. $ 245 $ 200 $ 445 7 Fisher Cabin 2501 N. Flower St. $ 245 $ 200 $ 445 8 Logan Center 1009 N. Custer St. $ 245 $ 245 $ 200 $ 445 9 Angels 914 W. 3rd St. $ 200 $ 445 10 El Salvador 1825 W. Civic Center Dr. $ 245 $ 200 $ 445 11 Riverview 1823 W. 19th St. $ 245 $ 200 $ 445 12 Edna 2140 W. Edna Dr. $ 245 $ 200 $ 445 13 Campesino 3311 W. 5th St. $ 245 $ 200 $ 445 14 Rosita 706 N. Newhope St. $ 245 $ 200 $ 445 15 Delhi 2314 S. Halladay St. $ 302 $ 200 $ 502 16 Madison 1434 S. Standard Ave. $ 302 $ 200 $ 502 17 Memorial 2102 S. Flower St. $ 302 $ 200 $ 502 18 Sandpointe 3700 S. Birch St. $ 302 $ 200 $ 502 19 Pacific Electric 400 E. Maffaden $ 302 $ 200 $ 502 20 Adams 2101 W. Warner Ave. $ 302 $ 200 $ 502 21 Centennial "A" 3000 W. Edinger Ave. $ 280 $ 200 $ 480 22 Centennial "B" 3000 W. Edinger Ave. $ 280 $ 200 $ 480 23 Centennial "C" 3000 W. Edinger Ave. $ 280 $ 200 $ 480 24 Centennial HGHS 3000 W. Edinger Ave. $ 302 $ 200 $ 502 25 DYSC "A" 3000 W. Edinger Ave. $ 378 $ 200 $ 578 26 DYSC "B" 3000 W. Edinger Ave. $ 210 $ 200 $ 200 $ 200 $ 410 $ 410 $ 502 27 DYSC "B" 3000 W. Edinger Ave. $ 210 $ 302 28 Heritage 4812 W. Camille St. 29 Jerome 2101 W. Mcfadden St. $ 302 $ 200 $ 502 30 Santa Anita 300 S. Figueroa St. $ 302 $ 200 $ 502 31 Thornton 1801 W. Segerstrom Ave. $ 302 $ 200 $ 502 New Thornton 2 $ 140 $ 200 $ 340 32 Windsor 2915 W. La Verne Ave. $ 302 $ 200 $ 502 Sub Total $ 8,557 $ 6,600 $ 15,157 City Council 15 — 7 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Landscape Maintenance Services AGENDA TITLE: Amend Agreement with Landscape West Management Services Inc. to Increase the Annual Contract amount by $215,000 for Enhanced Landscape Maintenance Services for the Remaining Term of the Agreement (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Landscape West Management Services Inc. for increased landscape maintenance services, increasing the compensation amount annually by $215,000, for an annual amount not to exceed $895,819.00 for the remaining term from September 20, 2022 through January 31, 2024, and not to exceed the total agreement amount of $2,866,605.60, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION As of July 1, 2022, park maintenance functions have transferred from the Parks, Recreation and Community Services Agency (PRCSA) to the Public Works Agency (PWA). PWA's Parks, Fleet and Facilities Division provides landscape maintenance services through a contractor. On October 7, 2019, PRCSA released a Request for Proposals (RFP) for landscape maintenance services, and Landscape West Management Services Inc. was awarded an agreement on February 1, 2020. Landscape West Management Services Inc. is currently providing landscape maintenance and clean-up services in the Civic Center area. Their highly professional and prompt response has been instrumental in keeping a well maintained and clean Civic Center area. With the recent adoption of the City's FY 2022-23 budget, the City Council approved an additional $2.5 million for park maintenance. Over the years, there has been a need for an increased level of maintenance services due to vandalism, theft, destruction of plants and the need for cleanup services in and around landscape areas. In an effort to provide residents with clean and safe park facilities, part of the additional funding will assist in providing additional support to the QOLT Team and increase homeless clean- up citywide. Landscape West Management Services, Inc. has provided landscape and clean-up maintenance services to the City since July 2019. Staff recommends increasing the level City Council 16 — 1 9/20/2022 Amend Agreement with Landscape West Management Services, Inc. September 20, 2022 Page 2 of service provided by Landscape West Management Services, Inc. to implement an enhanced landscape maintenance services citywide. Staff recommends increasing the agreement amount by $215,000 annually (Exhibit 1). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available for expenditure in the current Fiscal Year 2022-23 from the account listed on the table below for the requested increase of $215,000 to the annual amount and will be budgeted in subsequent fiscal years for the remainder of the agreement term. Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount PWA Park 2022-23 General Maintenance Service (Oct -June) 01117651-62320 Fund Enhancement, $161,250 Maintenance & Repair Buildings & Grounds PWA Park 2023-24 General Maintenance Service (July -Jan) 01117651-62320 Fund Enhancement, $125,417 Maintenance & Repair Buildings & Grounds EXHIBIT(S) 1. First Amendment to Agreement with Landscape West Management Services, Inc. Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Kristine Ridge, City Manager City Council 16 — 2 9/20/2022 FIRST AMENDMENT TO AGREEMENT WITH LANDSCAPE WEST SERVICES, INC., TO PROVIDE LANDSCAPE MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into September 20, 2022, by and between Landscape West Management Services, 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-2020-003 ("Agreement") dated January 21, 2020, to retain Contractor to provide landscape maintenance services for the Santa Ana Civic Center. B. The Agreement is current and in -effect through January 31, 2024. C. The parties now wish to amend the Agreement to increase the scope and compensation terms of the Agreement. The Parties therefore agree: 1. Section 1, Scope of Services, is hereby amended to include the additional services as detailed in Exhibit A-1 to this First Amendment. Contractor agrees to honor the costs reflected in Exhibit A-1 throughout the term of this Agreement. 2. Section 2(a), Compensation, is hereby amended to increase the total annual sum to be expended under the term of the Agreement, including any extension periods, by $215,000 for a total annual amount not to exceed $895,819. The total Agreement not to exceed amount shall be $2,866,605.60. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorne By: Br on Salvatierra Deputy City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager Landscape West Management Services, Inc. 1� Michael Garibay President [signatures continued on next page) Page 1 of 2 RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency Page 2 of 2 City Council 1 F _ a 9/2012022 Public Works Agency and Library Services Agency www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Agreement for Design Services for New Outdoor Library at Jerome Park AGENDA TITLE Approve an Agreement with PlaceWorks, Inc. for Design Services for a New Outdoor Library at Jerome Park in an Amount Not to Exceed $309,150 for a Three -Year Term (Project No. 22-1381) (Non -General Fund) (Revive Santa Ana Program) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with PlaceWorks, Inc. for full design services for Santa Ana's new outdoor library at Jerome Park in the amount of $281,046, with a contingency of $28,104, for a total amount not to exceed $309,150. The agreement is for a three-year term beginning September 20, 2022 and expiring September 19, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The City of Santa Ana's Public Works Agency and Library Services desire to enter into an agreement with a qualified consulting firm to lead efforts to provide design services and prepare construction contract documents for the new outdoor library at Jerome Park (Project). The Project intends to build an outdoor "satellite library" at the southwest end of Jerome Park and incorporate outdoor educational activities for children of all ages (Exhibit 1). This innovative public library space will feature an educational, technological, and play - focused library kiosk with surrounding outdoor learning areas. These learning areas will emphasize music and movement, recycling, bicycle and street safety, fine and gross motor skill development, and language and literacy. The Project also includes the installation of lighting, canopies, and site furnishings. Furthermore, in partnership with the Public Works Agency's Water Resources Division, the project will include water -wise landscaping and conservation-themed learning experiences. On April 20, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-040, by which it sought the design services of a qualified firm for the Project. The RFP was advertised on the City's online procurement management and publication system, with proposals due on May 11, 2022. Three proposals were received and evaluated by a City Council 17 — 1 9/20/2022 Agreement with PlaceWorks, Inc. September 20, 2022 Page 2 selection committee. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking: Firm City Rank PlaceWorks Santa Ana 1 Kimle -Horn and Associates, Inc Orange 2 IDS Group Irvine 3 Staff recommends awarding to the top scoring firm to provide design services for the Project (Exhibit 2). Their proposal demonstrated that they have the necessary capacity and expertise to complete the required services. The firm rates are reasonable and within industry standards. The team qualifications are appropriate, and the proposal was determined to provide the best value for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The following table summarizes the funds budgeted and available in the amount of $309,150 for expenditure on the design services to be provided per the agreement for the three year term. Accounting Unit - Fund Accounting Unit - Fiscal Year Account No. Description Account Amount (Project No.) No. Description 2022-23 18111013-66220 American ARPA-Library, (Sept -June) (22-1381) Rescue Plan Improvements Other $200,000 Act Than Building 2023-24 Water Quality, (July -June) 06017644-62300 Water Contract Services - $75,000 Professional 2024-25 18111013-66220 American ARPA-Library, (July -June) (22-1381) Rescue Plan Improvements Other $20,046 Act Than Building 2025-26 18111013-66220 American ARPA-Library, (July -Sept) (22-1381) Rescue Plan Improvements Other $14,104 Act Than Building Total $309,150 City Council 17 — 2 9/20/2022 Agreement with PlaceWorks, Inc. September 20, 2022 Page 3 EXHIBIT(S) 1. Location Map 2. Agreement with PlaceWorks for New Outdoor Library at Jerome Park Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Brian Sternberg, Executive Director — Library Services Agency Approved By: Kristine Ridge, City Manager City Council 17 — 3 9/20/2022 EXHIBIT 1 J 0 _ 4 ■ i r III 1 ST ST JER ME W PARK LL DING EFL AV WARNER A J BE ERBTROM I AV Q � w 2 U- ER DR A f ANA B Pr ject Loltatio F- a � 0 v� MA AR-HUR BLVE) SANTAANA Project No. 22-1381: lfoo�iNew Outdoor Library at Jerome Park PUBLICWGRKSAGENCYLmi Design Services w O w J tL AGREEMENT FOR DESIGN SERVICES FOR OUTDOOR LIBRARY AT JEROME PARK THIS AGREEMENT is made and entered into this 20th day of September, 2022 by and between P1aceWorks ("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 20, 2022, the City issued Request for Proposal No. 22-040, by which it sought a qualified consultant to perform design and related services for the City's new outdoor library planned at Jerome Park. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-040. 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 contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No. 22-040 and further described in Exhibit A. Consultant's proposal is incorporated in full by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $309,150. The sum is comprised of (1) the base amount of $281,046 and (2) a contingency in the amount of $28,104 for additional services at the City's sole discretion. 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 and Scope of Work, which may reasonably be expected by City. City Council 17 — 5 9/20/2022 Page 1 of 10 3. TERM This Agreement shall commence on the date first written above and terminate on September 19, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for two 1-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 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. 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 City Council 17 — 6 9/20/2022 Page 2 of 10 the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. Minimum Scope and Limit of Insurance Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant 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. • 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 Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant 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 Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). City Council 17 — 7 9/20/2022 Page 3 of 10 Primary Coverage For any claims related to this Agreement, the Consultant'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 Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation 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 (applicable only to professional liability) If any of the required policies provide claims -made coverage: A. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. B. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. C. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage 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 City Council 17 — 8 9/20/2022 Page 4 of 10 obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 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 subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. 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 City Council 17 — 9 9/20/2022 Page 5 of 10 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. 11. 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. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, 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 Executive Director Public Works Agency City of Santa Ana City Council 17 — 10 9/20/2022 Page 6 of 10 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: P1aceWorks 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 Attn: Alan Loomis, AICP, Principal 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. 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. 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 City Council 17 —11 9/20/2022 Page 7 of 10 or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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 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. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. 20. 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. City Council 17 — 12 9/20/2022 Page 8 of 10 21. FUNDING -RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act; C. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit C and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. City Council 17 — 13 9/20/2022 Page 9 of 10 ATTEST: Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: �4 x I John M. Funk Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT Name: Keith McCann Title: CEO City Council 17 — 14 9/20/2022 Page 10 of 10 EXHIBIT A /-_ r- � &:` City Council 17 — 15 9/20/2022 City Council 17 — 16 9/20/2022 Work Scope This section describes the scope of services to be completed by the PlaceWorks team for the New Outdoor Library at Jerome Park project. To facilitate your review of this proposal, we have prepared a concise scope that emphasizes key components of our approach to this project. We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project. TASK 1. PROJECT INITIATION AND COORDINATION 1.1 CITY STAFF MEETING 1: KICKOFF MEETING AND SITE VISIT The PlaceWorks team will attend a kick-off meeting with City staff to discuss expectations and concerns, and to review key issues, information needs, work products, and delivery schedule. Overall project schedule and meeting dates will be reviewed. After the kick-off meeting, the PlaceWorks team will visit and photograph the project area within Jerome Park, paying particular attention to features and issues identified at the kick-off meeting and opportunities to integrate the proposed concepts from the City's design. 1.2 ONGOING PROJECT MANAGEMENT PlaceWorks will coordinate with City staff throughout the project and will manage the scope, cost, and schedule to ensure that the project is completed efficiently. PlaceWorks will conduct weekly calls with the City project manager to coordinate. Additional meetings with the City Staff related to project review are called out in the tasks below. TASK 2. DATA GATHERING AND SITE ANALYSIS 2.1 RECORDS RESEARCH BKF Engineers (BKF) will conduct a comprehensive review of existing records to determine existing conditions. This information will be integrated into the survey described in Task 2.2. 2.2 SURVEY BKF will provide boundary and topographic surveying of the project site. The topographic survey will cover the project area and will extend to include the full width of adjacent rights -of -way. Spot elevations will be sufficient to generate 0.5-foot contours, and existing utilities on or adjacent to the proposed project area will be shown. Potholing will be conducted to confirm existing utilities. 2.3 ARBORIST REPORT Bartlett will complete an evaluation of the existing trees within the project area and will complete an arborist's report, documenting the tree evaluation and pruning recommendations. The arborist's report will include recommendations for avoiding damages to existing trees during construction. City Council 17 — 17 9/20/2022 PROPOSAL FOR SERVICES I PLACEWORKS 2-1 2. Scope of Services and Schedule 2.4 SITE ANALYSIS Based on site visits, review of background information, and the hydrological assessment, PlaceWorks will develop a comprehensive Site Analysis, including descriptive maps, diagrams, and graphics to clarify and illustrate existing conditions and identify key opportunities and constraints to be considered. The PlaceWorks team will additionally analyze the City's Concept Plan to determine feasibility and consistency with site opportunities and constraints. TASK 3. PUBLIC OUTREACH 3.1 PUBLIC ENGAGEMENT PLAN PlaceWorks will conduct a series of community outreach and engagement activities to gather community input about the design and site features. Our approach is focused on two rounds of engagement where the community can provide valuable input and contribute to decision making: Round 1, Schematic Design Alternatives; and Round 2, Preferred Concept. These rounds are described in greater detail in the tasks below. At the onset of the project, PlaceWorks will work with the City to develop a public engagement plan that outlines the details of the engagement work, including strategic partnerships that could be made to increase community participation, potentially including cohosting an event with KidWorks or presenting at the Bella Vista, Casa Bonita, Central City, and New Horizons Joint Neighborhood Association Meetings. PlaceWorks will additionally develop preliminary branding materials for the project for use during engagement events and for promotional materials. It is anticipated that all outreach materials will be printed in both Spanish and English and that the PlaceWorks team facilitating community events will communicate in both Spanish and English. 3.2 CITY STAFF MEETING #2: PUBLIC ENGAGEMENT PLAN PlaceWorks will facilitate a meeting with the City to review the engagement plan and promotional materials. At this meeting, the project team will confirm the approach for the project and schedule outreach events to allow for adequate time to promote and organize events. TASK 4. PRELIMINARY DESIGN 4.1 SCHEMATIC DESIGN ALTERNATIVES The PlaceWorks team will develop up to two alternative conceptual site designs for the project area within Jerome Park. The alternatives will include graphic plans, images of play equipment, street level renderings, and other graphics to help convey design intent. Conceptual site designs will include, but not be limited to: ■ Integrated 24-hour Library Kiosk and play area with dynamic and engaging play features. ■ Circuit pathway for learning bicycle, tricycle, and scooter skills. ■ Tactile experiences with a variety of materials and play features, including but not limited to sand and water. ■ Schematic approach to planting, prioritizing drought -tolerant native plants with educational value. ■ Shade opportunities through structures and additional trees. ■ Schematic concept for the Envisionware kiosk wrap consistent with the alternative theme. ■ Site furnishings including benches, chairs, tables, trash receptacles, and water stations. City/ Council 17 — 18 9/20/2022 2-2 CITY OF SANTA ANA I NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES 2. Scope of Services and Schedule Both alternatives will be accompanied by a high-level cost estimate and both will target the same budget. 4.2 CITY STAFF MEETING #3: SCHEMATIC DESIGN ALTERNATIVES Following a two -week review period, PlaceWorks will facilitate a meeting with City staff to review the Schematic Design Alternatives and potential changes to the options before presenting them to the public. The project team will also review the materials for the first community event. 4.3 PUBLIC OUTREACH ROUND 1: SCHEMATIC DESIGN ALTERNATIVES PlaceWorks will develop and host and online survey to gather feedback on the Schematic Design Alternatives. The survey will target getting feedback about site features rather than directly voting for one alternative, allowing the final design to be a combination of preferred elements. Following the completion of the survey, PlaceWorks will provide a concise summary of responses and recommendations for moving forward. 4.4 DRAFT DESIGN DEVELOPMENT Based on discussions with City staff and community feedback, the PlaceWorks team will develop a single preferred design option, including a rendered site plan graphic with callouts identifying the project components with a written description, sections showing relationship between park elements, and street level renderings of site features. The package will include graphic design illustrations for the Envisionware kiosk and design plans for the interactive exhibit educating the public on water conservation. The draft plan will be accompanied by a lighting analysis showing the proposed lighting strategy, including preliminary photometrics. The draft plan will also include a preliminary planting plan with hydrozones identified and preliminary water use calculations determined. The design will be accompanied by a draft cost estimate. 4.5 STORMWATER ANALYSIS Using the Draft Design Development Plan, BKF will conduct preliminary stormwater calculations and work with the design team to select the appropriate low -impact design (LID) strategies to utilize in the project to effectively manage all stormwater from the project area on -site. If possible, the design will incorporate LID strategies to capture rainwater from the existing parking lot and treat it on -site. BKF will prepare a Preliminary Water Quality Management Plan (PWQMP). In addition to the required treatment of stormwater, the City/County has enacted a policy that any new project must have a zero net affect on the public storm drain system. BKF will perform preliminary water quality calculations (impervious areas, tributary drainage areas, storm outfall flows, BMP sizing, etc.) that are necessary to confirm the preliminary planning design proposed for Design Review. 4.6 CITY STAFF MEETING #4: DRAFT DESIGN DEVELOPMENT Following a two -week review period, PlaceWorks will facilitate a meeting with City staff to review the Draft Design Development package and potential changes to the options before presenting them to the public. The project team will also review the materials for the second community event. 4.7 PUBLIC OUTREACH ROUND 2: PREFERRED CONCEPT PlaceWorks will facilitate a public meeting to present the Preferred Concept illustrated in the Design Development package. At this meeting, the PlaceWorks team will highlight community input received during the first round of engagement and how it influenced the Preferred Concept. City Council 17 — 19 9/20/2022 PROPOSAL FOR SERVICES I PLACEWORKS 2-3 2. Scope of Services and Schedule It is anticipated that this meeting will be held at a planned City meeting or planned event from a local group. PlaceWorks will present the Schematic Design Alternatives and gather input on community preference. While the structure of the meeting may be adjusted based on the anticipated venue and audience, we anticipate that this meeting could begin "open house" style with informational boards illustrating the design, followed by a short presentation by PlaceWorks, and an opportunity for public comment. Depending on the venue, PlaceWorks can develop materials for youth to participate in decision making. All input will be collected and synthesized into a concise, easy -to -understand summary of input received and will be used in the next design phase. 4.8 REVISED DESIGN DEVELOPMENT (30% DRAWINGS AND COST ESTIMATE) Based on City review comments and public input, the PlaceWorks team will revise the Draft Design Development Plan. This draft will be used in discussions and for preliminary letters of intent with Southern California Edison (SCE) and City of Santa Ana Water Resources Division. The revised Design Development package will include preliminary working drawings to 30% and will be accompanied by a cost estimate. The package will include the following preliminary plan sheets: ■ Title Sheet and Location Map ■ Demolition Plan ■ Water Quality Management Plan (tentative) ■ Grading, Drainage, and Utility Plan ■ Layout Plan ■ Materials Plan ■ Electrical Plan ■ Planting Plan and Hydrozone Irrigation Calculations 4.9 CITY STAFF MEETING #5: PREPARING FOR FINAL DESIGN Following a four -week review period, PlaceWorks will facilitate a City staff meeting to review the 30% drawings and conduct a site walk with to review the drawings in the field and deliberate on areas where there are questions or potential impacts. TASK 5. U I LITY COORDINATION 5.1 SOUTHERN CALIFORNIA EDISON (SCE) PBS Engineers will coordinate with SCE early in the design process to determine electrical capacity requirements and service needs. In tandem with the 30% submittal, PBS Engineers will submit a Letter of Intent to begin the process for SCE electrical plan of service and all permits. PBS Engineers will update plans as needed to respond to SCE's request and will finalize the plan of service and all associated permits as part of this project. It is assumed that the City will pay associated permitting fees. 5.2 CITY OF SANTAANA WATER RESOURCES BKF will coordinate early in the design process with Water Resources to verify available water pressures and volumes and to determine water service needs and capacity requirements. In tandem with the 30% submittal, BKF will provide additional detail about the project including water needs for the irrigation and potable water features and initiate the Water Resources service plan process. BKF will finalize the plan of service and include it as part of the final construction documents. City/ Council 17 — 20 9/20/2022 2-4 CITY OF SANTA ANA I NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES 2. Scope of Services and Schedule TASK 6. CONSTRUCTION DOCUMENTS 6.1 90% PS+E SUBMITTAI Based on the City's Comments and the Field Walk to review the Revised Design Development plan (30% Drawings), the PlaceWorks team will develop the 90% PS+E submittal for the project. The preliminary list and count of the construction document sheet set is anticipated to include approximately 30 to 35 sheets listed in Table 1. We believe that, for the purpose of clarity, construction document plans are best prepared at 1:20 scale. Table 1 Preliminary Construction Document Sheets (90%, 100%, Final Set) Sheet Title Responsibility Sheets Title Sheet and Location Map PlaceWorks 1 Notes, Legend and Abbreviations PlaceWorks 1 Existing Conditions /BASE @ 1:20 BKF 1 Water Quality Management Plan (WQMP) BKF 1 Demolition Plans @ 1:20 BKF 1 Civil Construction Details BKF 3 Grading & Drainage Plans @1:20 BKF 1 Layout Plan PlaceWorks 1 Sewer and Water (wet) Utility Plans BKF 1 Materials Plan @1:20 PlaceWorks 1 Landscape Details PlaceWorks 6 Electrical Plans @1:20 PBS Engineers 1 Electrical Details PBS Engineers 4 Irrigation Plans @1:20 WELO Calcs & Submittals Sweeney +Associates 1 Irrigation Details Planting Plan @1:20 Sweeney + Associates 4 PlaceWorks 1 Planting Details PlaceWorks 2 The 90% plans will be accompanied by draft specifications in CSI format. The cost estimate will be developed using the City's preferred schedule -of -values format or other bid -form -ready template. PlaceWorks will also develop a 3d rendering of the proposed improvements as part of this submittal, but it will not be included in the draft plans. 6.2 CITY STAFF MEETING #5: 90% PS+E AND CONSTRUCTABLITY REVIEW Following a four -week review period, City staff will provide PlaceWorks with one set of marked up plans and specifications. PlaceWorks will meet with City staff to review comments on the 90% set, clarify any questions that may arise, and address constructability. The project team will conduct a site walk to address any remaining issues. 6.3 100% PS+E SUBMITTAL Based on City review comments, the PlaceWorks team will revise the 90% submittal and refine it to 100%. City Council 17 — 21 9/20/2022 PROPOSAL FOR SERVICES I PLACEWORKS 2-5 2. Scope of Services and Schedule 6.4 CITY STAFF MEETING #6: 100% PS+E Following a four -week review period and receipt of marked -up plans and specifications, PlaceWorks will meet with City staff to review comments on the 100% set and clarify any questions that may arise. 6.5 FINAL PS+E BID SET Based on City's review comments, the PlaceWorks team will make minor revisions to the 100% submittal and refine it to a Final set for going to bid purposes. The Final plan set will include the electrical plan of service approved by SCE and final plan of service approved by City of Santa Ana Water Resources Division. TASK 7. CONSTRUCTION ADMINISTRATION 7.1 BID SUPPORT The PlaceWorks Team will assist during the bidding phase by attending the pre -bid meeting, responding to contractor requests for information, and preparing two bid addenda if necessary. 7.2 CONSTRUCTION SUPPORT During construction, the PlaceWorks team will assist the City with construction administration, including the tasks summarized below. The number of hours is approximate based on similar projects and can be evaluated if additional services are needed. We assume that the City will provide a construction manager to provide day-to-day project oversight and coordination with the contractor. ■ Construction Site Visits. The PlaceWorks team will attend a pre -construction meeting with City staff and the Contractor to review the drawings and specs. Following this meeting, PlaceWorks will participate in one project coordination meeting per week during anticipated construction phase and review the required mock-ups and field samples as indicated in the Technical Specifications. ■ Submittal Responses. The PlaceWorks team will review submittals for conformance to plans and specifications and prepare a written response for each submittal. ■ RFIs and Supplemental Information. The PlaceWorks team will respond to questions from the Contractor in the field, as requested by the City. PlaceWorks will respond in a timely and efficient manner to the contractor's requests for additional information. ■ Punchlist. The PlaceWorks team will develop a draft punch list for the field inspector and contractor's review following a pre -final site visit. PlaceWorks will participate in a final site visit to go over the items in the punch list, once the contractor has indicated the list is complete. City/ Council 17 — 22 9/20/2022 2-6 CITY OF SANTA ANA I NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES 2. Scope of Services and Schedule Schedule PlaceWorks proposed schedule for completion of the New Outdoor Library at Jerome Park project is shown in on the following page. As shown in the schedule, we anticipate that the project can be completed by December 31, 2023. We believe this schedule is in keeping with your needs, but we are happy to revise this schedule if necessary. PlaceWorks has a strong track record for meeting project schedules and coordinating closely with its clients. Over years of managing projects similar to the Jerome Park project, we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times: ■ We maintain an up-to-date schedule throughout the project to ensure that all team members are aware of upcoming meetings and product due dates. ■ We stay in close, regular contact with staff and our subconsultants and document important decisions about the project in writing to ensure that decisions are understood by all team members. ■ We schedule project due dates for staff and subconsultants with adequate time for editing and formatting finished reports. ■ We limit subconsultants' payments to specific milestones to ensure that progress on the project is commensurate with billings. City Council 17 — 23 9/20/2022 PROPOSAL FOR SERVICES I PLACEWORKS 2-7 2. Scope of Services and Schedule This page intentionally left blank. City/ Council 17 — 24 9/20/2022 2-8 CITY OF SANTA ANA I NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES The PlaceWorks Team LibraryJerome Park Services• • PROJECT TASK 1. PROJECT INITIATION AND COORDINATION IMNMMMMMMMMM�Ja�2024 Feb 1.1 City Staff Meeting 1: Kickoff Meeting and Site Visit 1.2 Ongoing Project Management TASK 2. DATA GATHERING AND SITE ANALYSIS 2.1 Records Research 2.2 Survey TASK 3. PUBLIC OUTREACH 3.1 Public Engagement Plan 3.2 City Staff Meeting #2: Public Engagement Plan TASK 4. PRELIMINARY DESIGN 4.1 Schematic Design _■ _______________ 4.2 City Staff Meeting #3: Schematic Design 4.3 Public Outreach Round 1: Schematic Design Alternatives MENNEN 4.4 Draft Design Development ____, Meeting4.6 City Staff .4Draft Design Development4.7 Public Outreach Round 2: Preferred Concept 4.8 Revised Design Development (30% Drawings and Cost Estimate) 4.9 City Staff Meeting #5: Preparing oDesign TASK 5. UTILITY COORDINATION 5.1 Southern California Edison (SCE) 5.2 City of Santa Ana Water Resources TASK 6. CONSTRUCTION DOCUMENTS 6.1 91Submittal 6.2 City Staff Meeting . 91%'S+E and Constructablity Review 6.3 11%' Meeting6.4 City Staff .. 11' ' e TASK 7. CONSTRUCTION ADMINISTRATION ____________■ ■____ 7.1 Bid Support 7.2 Construction Support MEN MMMMMMMMMM Work period Review period ■ Project team meeting -Community engagement City Council 17 — 25 9/20/2022 2. Scope of Services and Schedule This page intentionally left blank. City Council 17-26 9/20/2022 2-10 CITY OF SANTA ANA I NEW OUTDOOR LIBRARY AT JEROME PARK DESIGN SERVICES The PlaceWorks Team City of Santa Ana - New Outdoor Library at Jerome Park COST PROPOSAL *:/:Ilno] 1rno] Hourly Rate: PROJECTITASK 1. • AND COORDINATION 1.1 City Staff Meeting 1: Kick-off Meeting and Site Visit 1.2 Ongoing Project Management ALAN LOOMIS Principal in Charge $240 2 1 JESSE JONES Project Manager $175 4 72 PLACEWORKS JEN YUE CHUNG ZHANG Associate Associate Designer Designer $165 $130 LYNNETE GUZMAN Associate Planner $140 MEL GROSS Designer $120 4 I PlaceWorks Hours 10 72 PlaceWorks 2% Office Expenses $33 $252 PlaceWorks Total $1,6931 $12,8521 SUBCONSULTANTS BARTLETT �Arborist Report 0 0 10% Sub- consultant Markup $0 $0 Sub - consultant Total $0 TOTAL TASK BUDGET $1,693 BKF ENGINEERS PBS ENGINEERS SWEENEY & ASSOCIATES Civil Engineering Services Electrical Engineering Services Irrigation Services 0 0 0 0 01 01 $0 $12,852 Task 1.Subtotal 2 76 0 0 0 4 82 $285 $14,S45 $0 $0 $0 $0 $0 $0 $14,545 TASK 2. DATA • SITE ANALYSIS 2 2 1 1 4 2 12 2 1 1 20 $7 $4 $4 $58 $357 $179 $179 $2,938 2.1 Records Research 2,184 0 0 0 $218 $2,402 $2,759 2.2 Survey 19,500 0 0 0 $1,950 $21,450 $21,629 2.3 Arborist Report 0 0 0 4,645 $465 $5,110 $5,289 2.4 Site Analysis 0 0 0 0 $0 $0 $2,938 Task 2. Subtotal, 2 8 0 2 0 121 24 $73 $3,653 $21,684 $0 $0 $4,645 $2,633 $28,962 $32,615 OUTREACH 3.1 Public Engagement Plan 1 1 2 4 1 7 $23 $1,1731 01 01 01 0 $0 $0 $1,173 3.2 City Staff Meeting #2: Public Engagement Plan 1 1 2 2 1 5 $17 $8871 01 01 01 0 $0 $0 $887 Task 3. Subtotall 2 4 0 0 6 01 12 $40 $2,060 $0 $0 $0 $01 $0 $0 $2,060 4. PRELIMINARY DESIGN ITASK 4.1 Schematic Design Alternatives 8 32 10 12 80 142 $407 $20,737 0 0 0 0 $0 $0 $20,737 4.2 City Staff Meeting #3: Schematic Design Alternatives 1 6 7 $26 $1,316 0 0 0 0 $0 $0 $1,316 4.3 Public Outreach Round 1: Schematic Design Alternatives 2 16 12 20 50 $147 $7,507 0 0 0 0 $0 $0 $7,507 4.4 Draft Design Development 6 20 10 8 40 84 $249 $12,679 0 0 0 0 $0 $0 $12,679 4.5 Stormwater Analysis 4 4 $14 $714 2,789 0 0 0 $279 $3,068 $3,782 4.6 City Staff Meeting #4: Draft Design Development 1 6 7 $26 $1,316 0 0 0 0 $0 $0 $1,316 4.7 Public Outreach Round 2: Preferred Concept 2 4 6 16 28 $79 $4,019 0 0 0 0 $0 $0 $4,019 4.8 Revised Design Dev't. (30% Drawings & Cost Estimate) 6 24 6 40 76 $224 $11,444 14,606 3,518 2,180 0 $2,030 $22,334 $33,778 4.9 City Staff Meeting #5: Preparing for Final Design 1 4 5 $19 $959 0 0 0 0 $0 $0 $959 Task 4. Subtotal 27 116 20 26 18 196 403 $1,191 $60,691 $17,395 $3,518 $2,180 $0 $2,309 $25,402 $86,093 5. UTILITY COORDINATION ITASK 5.1 Southern California Edison 1 2 1 2 $7 $3571 01 5551 01 0 $56 $611 $968 5.2 City of Santa Ana Water Resources 1 2 1 2 $7 $3571 1,4741 01 01 0 $1471 $1,621 $1,978 Task S. Subtotall 0 4 0 0 0 01 4 $14 $7141 $1,474 $555 $0 $0 $2031 $2,2321 $2,946 6. CONSTRUCTION DOCUMENTS ITASK 6.1 90% PS+E Submittal 1 6 32 24 60 122 $347 $17,707 22,352 3,518 8,725 0 $3,460 $38,055 $55,762 6.2 City Staff Meeting #5: 90% PS+E and Constructability Review 1 1 6 7 $26 $1,316 0 0 0 0 $0 $0 $1,316 6.3 100% PS+E Submittal 6.4 City Staff Meeting #6: 100% PS+E 1 4 1 24 6 16 40 84 $241 $12,281 6,799 3,328 1,055 0 $1,118 $12,300 $24,581 7 $26 $1,316 0 0 0 0 $0 $0 $1,316 6.5 Final PS+E Bid Set 4 8 10 20 42 $121 $6,181 4,140 2,608 528 0 $728 $8,004 $14,185 Task 6. Subtotal 16 76 0 50 0 120 262 $761 $38,801 $33,291 $9,454 $10,308 $0 $5,306 $58,359 $97,160 7.1 Bid Support 2 16 18 $66 $3,346 1,740 0 0 0 $174 $1,914 $5,260 7.2 Construction Support 16 128 144 $525 $26,765 5,890 1,110 5,365 0 $1,237 $13,602 $40,367 Task 7. Subtotal 18 144 0 0 0 0 162 $591 $30,111 $7,630 $1,110 $5,365 $0 $1,411 $15,5161 $45,627 Labor Hours Total 67 428 20 78 24 332 949 Labor Dollars Total $16,080 $74,900 $3,300 $10,140 $3,360 $39,840 $2,955 $150,575 $81,4741 $14,637 $17,853 $4,645 $130,471 $281,046 PlaceWorks Percent of Total Labor 7% 45% 2% 8% 3% 35% REIMBURSABLE EXPENSES PlaceWorks Reimbursable Expenses $0 Subconsultants' Reimbursable Expenses $0 EXPENSES TOTAL $0 &nbsp; City Council &nbsp;17 &ndash;&nbsp;27 9/20/2022 &nbsp; PLACEWORKS PlaceWorks - 2022 Standard Fee Schedule STAFF LEVEL HOURLY BILL RATE Principal $210-$335 Associate Principal $195-$250 Senior Associate/Senior Scientist II $170-$235 Senior Associate/Senior Scientist 1 $160-$195 Associate/Scientist II $135-$170 Associate/Scientist 1 $125-$160 Project Planner/Project Scientist $105-$150 Planner/Assistant Scientist $90-$130 Graphics Specialist $90-$135 Administrator $145-$200 Clerical/Word Processing/Technical Editor $45-$150 Intern $75-$100 Subconsultants are billed at cost plus 10%. Mileage reimbursement rate is the standard IRS -approved rate. Possible Yearly Increase of 5% on bill rates. 2022 StandardFeeSchedule 12-07-21 City Council 17 - 28 9/20/2022 HOURLY RATE SCHEDULE BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE EFFECTIVE MARCH 28, 2022 CLASSIFICATION HOURLY RATE PROJECT MANAGEMENT Principal/Vice President $272.00 Senior Associate/Vice President $244.00 Associate $237.00 Senior Project Manager I Senior Technical Manager $237.00 Project Manager I Technical Manager $231.00 Engineering Manager I Surveying Manager I Planning Manager $213.00 TECHNICAL STAFF Senior Project Engineer I Senior Project Surveyor I Senior Project Planner $198.00 Project Engineer I Project Surveyor I Project Planner $174.00 Design Engineer I Staff Surveyor I Staff Planner $151.00 BIM Specialist I, II, III $151.00 - $174.00 - $198.00 Technician I, II, III, IV $144.00 - $153.00 - $168.00 - $181.00 Drafter I, II, III, IV $113.00 - $124.00 - $134.00 - $149.00 Engineering Assistant I Surveying Assistant Planning Assistant $94.00 FIELD SURVEYING Survey Party Chief $198.00 Instrument Person $170.00 Survey Chainperson $127.00 Utility Locator I, II, III, IV $103.00 - $146.00 - $175.00 - $199.00 Apprentice I, II, III, IV $78.00 - $105.00 - $116.00 - $123.00 CONSTRUCTION ADMINISTRATION Senior Consultant $259.00 Senior Construction Administrator $225.00 Resident Engineer $167.00 Field Engineer I, II, III $151.00 - $174.00 - $198.00 PROJECT ADMINISTRATION Project Coordinator $126.00 Senior Project Assistant $109.00 Project Assistant $96.00 Clerical I Administrative Assistant $81.00 Expert witness rates are available upon request. Subject to the terms of a services agreement: • Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts. City Council 17 - 29 9/20/2022 FIN BKF ENGINEERS iAm PBS ENGINEERS MECHANICAL ELECTRICAL PLUMBING I CONSULTING ENGINEERS 2022 SCHEDULE OF CHARGES The fee for our services will be based on the charges listed below. All fee quotations are applicable for a period of ninety (90) days from the date of the proposal to which this schedule is attached. We reserve the right to modify these rates upon thirty (30) days advance notice. PERSONNEL/HOURLY RATE Principal Engineer $190 Project Manager $165 Project/Senior Engineer $145 Senior Designer $130 Designer $124 Senior CADD/Revit Operator, $119 CADD/Revit Operator/Drafting $99 Senior Field Representative $124 Field Represe Word Processor/Clerical 114 $96 These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight (8) hours will be charged on any day. If required in the interest of the project, Overtime will be charged at the above rates for professional personnel and at 1.5 times the above rates for other personnel. Overtime will apply to the time in excess of eight (8) hours per weekday and all-time on Saturdays, Sundays, and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of four (4) hours per weekday will be made for field personnel. Reimbursable expenses are in addition to personnel rates. Reimbursable expenses will be billed at cost except as noted below. MISCELLANEOUS CHARGES Passenger Car. Plotting mile $5.00/sheet Photocopy $0.07/page INSURANCE PBS Engineers maintains Professional Liability, General Liability Insurance for bodily injury and property damage with a limit of $10,000,000 per occurrence for its own account and will furnish certificates of such insurance upon request. In the event the Client desires additional coverage, we will, upon the Client's written request, obtain additional insurance at the Client's expense. Diego City Council 2100 East Route 66, 9ld7e2lS@lendora, CA 91740 I T 626.650,9)Inf2Ui2,%.0352 www.pbsengineers.com Page 1 A2. Landscape Architecture Services sweeney + associates Hourly rates as follows: Principal - $190.00 per hour, Irrigation Designer - $145.00 per hour Project Manager - $160.00 per hour City Council 17 — 31 9/20/2022 EXHIBIT C FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. (ii) The Consultant will, 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, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided 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 ear MbA84 applicants for employment. 17 — 32 9/20/2022 (v) The Consultant will 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. (vi) The Consultant will 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 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. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement 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 Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a 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 subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who contracts pursuant to the Executive Order and will carry out such sanctions an �pena ties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause req City Council 17 — 34 9/20/2022tant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Consultant must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) — Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to veritit�a,tbl hi6gcontractors performing work under #sA35eement are not debarre*2b2b 200 flied, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) — Byrd Anti -Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www. epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corte u ou i vision igi a ec no 0 o any, or a ua ec n e any (or any subsi iary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L)§200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (,iv) Establishing delivery schedules, where the requirement permits. which enccQ*E;pwth Apation by small and minority busind§�,-aW women's business ent&"92QMd (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. 20. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. City Council 17 — 38 9/20/2022 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. the following: Congress; (ii) The list of persons and entities referenced in the paragraph above includes (1) A member of Congress or a representative of a committee of (2) An Inspector General; City Council (3) The Government Accot-iMbNty Office; 9/20/2022 management; enforcement agency; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Consultant acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. City Council 17 — 40 9/20/2022 (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant's successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. City Council 17 — 41 9/20/2022 W If Consultant makes sub -awards to other agencies or other entities, Consultant is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. City Council 17 — 42 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Partial Real Property Acquisition for Fairview Bridge Replacement and Street Improvements AGENDA TITLE Authorize an Offer and Agreement to Purchase in the Amount of $255,000 for Bridge and Roadway Easement for Fairview Bridge Replacement and Street Improvements (Property Owner: Orange County Flood Control District) (Project No. 15-6827) (Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a purchase agreement with the property owner of Orange County Flood Control District (OCFCD) for the easement purchase located at Fairview Street Bridge over Santa Ana River in the amount of $255,000, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION Fairview Street is classified as a north -south Major Arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving Fairview Street from 9t" Street to 16t" Street has been a long-term priority project. The proposed project would widen Fairview Street from two lanes to three lanes in each direction. Additionally, the Fairview Street Bridge would be replaced with a new six -lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised landscaped median, and lighting. Construction is anticipated to begin in Spring 2023. City currently has a 100' wide roadway easement over the Santa Ana River with the Orange County Flood Control District. The new bridge will be constructed beyond the existing roadway easement. Therefore, additional bridge and roadway easement is required (Exhibit 1). On June 13, 2022, Planning Commission adopted Resolution of the Planning Commission of the City of Santa Ana Determining General Plan Conformity for the Conveyance of Easements by the Orange County Flood Control District over the Santa Ana River for the City's Replacement of the Fairview Bridge. City Council 18 — 1 9/20/2022 Partial Real Property Purchase Agreement — Fairview Street Bridge September 20, 2022 Page 2 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). ENVIRONMENTAL IMPACT On June 16, 2020, the City Council approved the Fairview Street Initial Study/Mitigated Negative Declaration (IS/MND) Statement (SCH No. 2020249015). FISCAL IMPACT Funds in the amount of $203,000 are budgeted and available in the Fairview Street Improvements Project (No. 15-6827) 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 $191,250 Street Construction Street, Land Select Street Gas Tax HUTA 2103, 2022-23 05917663-66100 Construction Land $63,750 TOTAL $255,000 EXHIBIT(S) 1. Location Map 2. Offer and Agreement to Purchase Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 18 — 2 9/20/2022 EXHIBIT 1 15L�..~ i _Lai N .-,VKUPASED j J1 j PROPOSED RIW w, 1 PROPOSED EDGE PROPOSED EDGE 1 j OF BRIDGE RffC OF BRIDGE DECK _ f , J Q` EXIST. RM ROPOSED RIW W I � LEGEN .� .�EXIST. R/W PROPOSED ADDITIONS K s: BRIDGE AND ROADWAY EASEMENT AREAi J SA"T''"A Project No. 15-6827: PWi Fairview Bridge Replacement and Street �CY PUBLIC WGRKS AGENCY Improvements (9t" Street to 16t" Street) _ EXHIBIT 2 OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY THIS OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY ("Agreement") is made 2022 by and between the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, ("DISTRICT") and CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, ("BUYER"). RECITALS A. DISTRICT owns the real property identified on DISTRICT records as Parcel (to be determined), (the "Property") described in and shown on the Easement Deed attached hereto as Attachment 1, and by this reference made a part hereof. B. BUYER has offered to purchase the Property from DISTRICT for Two Hundred and Fifty -Five Thousand Dollars ($255,000) in order to facilitate BUYER's Fairview Bridge improvement project. C. DISTRICT is willing to sell the Property to BUYER subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained DISTRICT and BUYER agree as follows: 1. The terms described hereinabove in the Recitals are incorporated herein by this reference. 2. DISTRICT: A. Accepts BUYER'S offer to purchase the subject Property for Two Hundred and Fifty-five Thousand Dollars ($255,000) which amount is hereinafter referred to as "Purchase Price." B. Shall execute and acknowledge an Easement Deed in the form of "Easement Deed" attached hereto as Attachment 1, conveying title to the Property to BUYER within ten (10) days after execution of this Agreement by DISTRICT and BUYER; C. Shall deliver the executed a Easement Deed to BUYER upon payment of the Purchase Price to DISTRICT as specified in paragraph 3A below and completion of the terms and conditions of the OC Public Works, County Permit #21-0229 ("Permit"). D. Makes no warranties or representations whatsoever with regard to the quality of the title to the Property or the fitness of the Property for a particular purpose; and E. Shall provide no title insurance in this transaction. 3. BUYER: A. Shall, in consideration of the transfer of Property by DISTRICT to BUYER, deliver the Purchase Price to County Executive Office/Real Estate Services upon BUYER'S receipt of the Easement Deed executed by DISTRICT; City Council -1- 18 — 4 9/20/20,q-2/15/22 EXHIBIT 2 B. Shall accept, and record the Easement Deed at the Office of the Orange County Recorder, and shall immediately thereafter provide County Executive Office/Real Estate Services with a conformed copy of the Easement Deed; and C. Shall accept title to the Property "as is" subject to all matters affecting the Property whether recorded or unrecorded known or unknown. 4. All documents, correspondence, and communications concerning this transaction shall be directed as follows: To DISTRICT: To BUYER: Orange County Flood Control District Clerk of City Council c/o County Executive Office/Real Estate Services City of Santa Ana 400 W. Civic Center Drive, 5th Floor 20 Civic Center Plaza (M-30) Santa Ana, CA 92701 Santa Ana, CA, 92702 Attn: Sergio Mora Attn: Jason Gabriel 5. This Agreement may be executed in counterparts, each of which when taken together shall constitute the one original. H H H Signatures pages follow. City Council -2- 18 — 5 9/20/202-2"5,22 EXHIBIT 2 BUYER hereby submits this offer with full knowledge of the terms and conditions contained herein. Approved as to Form: By: qW �� John Funk Chief Assistant City Attorney Date: August 17, 2022 DISTRICT has considered and accepts this offer. Approved as to Form Office of the County Counsel Orange County, California am Deputy Date: Signed and certified that a copy of this agreement has been delivered to the Chairman of the Board per G.C. Sec. 25103, Reso 79-1535 ATTEST: Robin Stieler, Clerk of the Board Orange County Flood Control District County of Orange, California BUYER City of Santa Ana, A charter city and municipal corporation duly organized under the Constitution and laws of the State of California Kristine Ridge City Manager DISTRICT ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic La Chairman of the Board of Supervisors County of Orange, California City Council -3- 18 — 6 9/20/202-2"5,22 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza M-30 Santa Ana, CA 92702 Mail Tax Statements as shown above APN: THIS SPACE FOR RECORDER'S USE ONLY DOCUMENTARY TRANSFER TAX S Computed on the consideration or value of property conveyed Exempt per Revenue & Taxation Code Section 11922 X Exempt from Recording Fees per Govt. Code Section 27383 ❑ Unincorporated Area ® Incorporated - City of Santa Ana Parcel No: E01-901, 913, and 917 Project: Fairview Street Bridge over Santa Ana River Channel EASEMENT DEED For valuable consideration, receipt of which is hereby acknowledged, ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT," does hereby grant to CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California hereinafter referred to as "GRANTEE," its, successor and assigns, a non-exclusive easement for bridge and roadway purposes in, on, over, under, upon and across that certain real property in the City of Santa Ana, County of Orange, State of California (hereinafter referred to as "Easement Area") described in "Exhibit A," and illustrated in "Exhibit B," which exhibits are attached hereto and by this reference made a part hereof. DISTRICT and GRANTEE, may sometimes hereinafter be individually referred to as "Party" or jointly as "Parties". GRANTEE's rights shall include rights to construct, reconstruct, repair, replace, alter, inspect, operate and maintain a bridge, bridge piers, footings, debris nosing, a roadway, curbs, gutters, sidewalks, and any appurtenant structures related thereto ("GRANTEE's Facilities"), and shall include reasonable access to the Easement Area for the purpose of exercising the rights herein granted. BridgQppow' oment - OCFCD to City of Santa Ana 1 18 — 7 9/20/2N.22 14 18jja It is understood and agreed by the Parties hereto and their successors and assigns that the easement and right of way herein granted in this easement deed ("Easement Deed") shall be subject to the following terms, conditions, and reservations: 1. CONSTRUCTION AND MAINTENANCE (PMES2.2S) GRANTEE shall have all construction, excavation, maintenance and or demolition plans approved in writing by DISTRICT's Director OC Public Works, or designee, (hereinafter referred to as "Director") through OC Public Works ("OCPW") County property encroachment permit process and shall obtain a County property permit (CPP) with payment of normal processing fees therefor and shall provide evidence of adequate insurance coverage prior to commencement of any work in, on, over, upon or across the Easement Area; and upon completion of any such work, GRANTEE shall immediately notify Director in writing of such completion. Director's approval of GRANTEE's construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or maintenance, design, assumptions or accuracy of GRANTEE's construction and/or maintenance plans. Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE's construction and/or maintenance plans. GRANTEE hereby acknowledges that the Easement Area lies within a portion of DISTRICT's flood control facility, commonly referred to as the Santa Ana River Channel (hereinafter "the Channel"). GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for unobstructed flood control operations and maintenance of the Channel by DISTRICT. Should it be necessary for GRANTEE to conduct any construction, demolition, inspection, repair, maintenance or other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles or equipment, including but not limited to haulers or cranes, subsequent to the completion of the initial installation of GRANTEE Facilities, GRANTEE agrees to notify Director in writing sixty (60) days in advance of such planned activities, obtain the Director's written approval of all plans, and obtain a CPP for any such activities with payment of normal processing fees therefor and shall provide evidence of adequate insurance coverage prior to commencement of any such activities in, on, over, upon or across the Easement Area. The Director's prior approval shall not be necessary, nor shall GRANTEE be required to obtain a CPP prior to conducting any work associated with an emergency situation, however, GRANTEE shall notify the Director within five (5) days following commencement of any such emergency work, and if so, requested by the Director, GRANTEE shall secure a CPP for the purpose of documenting the emergency work. In addition, GRANTEE shall condition third parties (e.g. permittees and/or franchisees) who seek to perform any construction, demolition, or other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles or equipment within the Easement Area, to obtain approval from the DISTRICT through the CPP process prior to commencement of performing said activities or placement of any facilities in, on, over, across or under within the Easement Area, which approval shall not be unreasonably withheld. GRANTEE agrees that rights or permits granted to third parties by reason of this clause shall contain provisions that such rights are subject to this Easement Deed, and that any such grants to third parties include a provision that requires the third party to obtain a CPP before performing any construction, demolition, or other activities that may disturb the surface of the Easement Area or require the use of any specialized vehicles or equipment within the Easement Area, with the understanding that such a CPP may contain reasonable conditions designed to ensure that said activities or placement of any facilities within the Easement Area do not interfere with DISTRICT's use of the Easement Area and that the surface of the Easement Area, if disturbed, shall be restored in kind as nearly as practicable to its original condition upon the completion of said BridgQppow ornent - OCFCD to City of Santa Ana 2 1 8 — 8 9/20/2N.22 14 18jja activity. Except in areas in which such activities require regulatory agency approval, or are otherwise designated as environmentally sensitive, GRANTEE shall have the right to cut such roots as may endanger or interfere with GRANTEE Facilities provided, however, that any excavation shall be made in such a manner as will cause the least injury to the surface of the ground and any improvements and/or landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the ground and any improvements and/or landscaping around such excavation, damaged shall be promptly restored by GRANTEE at its expense to the same condition as existed prior to excavation, to Director's satisfaction. GRANTEE shall, at no cost to DISTRICT, maintain Easement Area free of debris, graffiti and litter and shall maintain in good repair and in safe condition, all GRANTEE's Facilities constructed, used or placed upon the Easement Area by or on behalf of GRANTEE pursuant to this Easement Deed and further agrees to require any of its utility franchisees or other permittees to maintain in good repair and in safe condition, all equipment constructed, used or placed upon or within the Easement Area, at no cost to DISTRICT. GRANTEE hereby acknowledges that the bridge piers, footings and debris noses are an integral part of GRANTEE's bridge structure which will require, among other things, routine and periodic inspection/maintenance. GRANTEE shall assume all maintenance responsibility of the bridge structure including the piers, footings and debris noses. 2. REMOVAL AND/OR ABANDONMENT (PMES3.1S) GRANTEE agrees that in the event (a) GRANTEE Facilities are no longer required, or (b) GRANTEE's use of said Facilities ceases for a continuous period of more than one (1) year without written notice from GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE's intention to resume usage of GRANTEE Facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove and/or abandon said GRANTEE Facilities within ninety (90) days after receipt of written notice from Director to remove and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT, restore the Easement Area to the condition that existed prior to the granting of this Easement Deed, to Director's satisfaction. In the event GRANTEE fails to commence and diligently pursue completion of the removal of its Facilities from the Easement Area and the restoration of the Easement Area as provided under this section, in addition to any other rights or remedies available to DISTRICT, the Director, at the Director's option after thirty (30) days' written notice to GRANTEE, may cause the removal of any GRANTEE Facilities from the Easement Area and the restoration of the Easement Area, and the cost thereof, including but not limited to the cost of labor, materials, and equipment, and a fifteen percent (15%) administration fee of such costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said costs from the Director. GRANTEE shall also execute and deliver to the Director, within ninety (90) days of such removal and/or abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Easement Deed from title. 3. RELOCATION (PMES4.IS) In the event GRANTEE Facilities shall at any time interfere with the operation, maintenance, replacement, enlargement or improvement of DISTRICT's property as determined by the Director, and such interference requires, in the Director's sole and absolute determination, the removal or relocation of GRANTEE Facilities, the Director shall provide GRANTEE written notification of such interference and the need for the removal of GRANTEE Facilities from the Easement Area. In such instance, the Director shall endeavor to, but shall not be obligated to locate an alternate site on DISTRICT -owned property for the relocation of GRANTEE Facilities. Under no circumstance, shall DISTRICT be obligated to purchase any property, easement rights, or enter into or pay for any lease or license rights to accommodate the relocation of GRANTEE Facilities. To BridgQppow ornent - OCFCD to City of Santa Ana 3 18 - 9 9/20/2N.22 i 4 18jja the extent an alternative area on DISTRICT property cannot reasonably be made available, DISTRICT may terminate this Easement Deed and require GRANTEE to remove its Facilities from the Easement Area. Except in an emergency, the Director shall provide GRANTEE with written notice a minimum of two hundred forty (240) days in advance of the date that GRANTEE Facilities must be removed from the Easement Area. GRANTEE agrees at its sole cost and expense, to remove its Facilities from the Easement area, restore the Easement Area to the condition that existed prior to the installation of GRANTEE Facilities, satisfactory to the Director, within such 240-day period, or as such date may be extended by the Director, and if an alternate site on District property has been identified for the relocation of GRANTEE Facilities, GRANTEE at its sole cost and expense shall relocate its Facilities to such location within said 240-day period, unless such period is extended at the sole discretion of the Director. The removal and/or relocation of GRANTEE Facilities shall be subject to the provisions of Section 2 (Construction and Maintenance) of this Easement Deed. In the event GRANTEE fails to perform its obligations to commence and diligently pursue completion of the removal of its Facilities from the Easement Area and restoration of the Easement Area as provided under this section, in addition to any other rights or remedies available to DISTRICT, the Director, at the Director's option after thirty (30) days' written notice to GRANTEE, may cause the removal of any GRANTEE Facilities from the Easement Area and the restoration of the Easement Area, and the cost thereof, including but not limited to the cost of labor, materials, and equipment, and a fifteen percent (15%) administration fee of such costs, shall be paid by GRANTEE within fifteen (15) days following a receipt of a statement of said costs from Director. Under no circumstance shall DISTRICT be obligated to relocate GRANTEE Facilities to any alternate relocation site regardless of whether a relocation site had been designated on District -owned property. 4. REVISION OF LEGAL DESCRIPTION (PMES5.1S) In the event it becomes necessary to relocate GRANTEE Facilities as provided in Section 3 (Relocation) of this Easement Deed and the legal description described in attached Exhibit A and illustrated in Exhibit B are subsequently determined to inaccurately describe the location of the Easement Area, the Parties agree that GRANTEE shall cause the legal description and illustration of the Easement Area to be revised, and upon written approval of both Parties of the revised legal description and illustration, this Easement Deed shall be amended so as to replace the original legal description and illustration of the Easement Area with the revised legal description and illustration and such amended Easement Deed shall be recorded by GRANTEE. The Parties agree that the amendment of Exhibit A and Exhibit B and the re-recording of the Easement Deed shall not affect, alter, or change any of the terms, conditions or reservations of this Easement Deed and further agree that the amended and re -recorded Easement Deed shall relate back and be deemed in place as of the initial date of this Easement Deed. 5. COMPLIANCE WITH REGULATORY AUTHORITIES (PMES6.2S) GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out all present and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all governmental authorities, including but not limited to environmental regulatory authorities, with jurisdiction in, on, over, upon or across the Easement Area, which arise from GRANTEE's use of or performance of any activities permitted to be conducted in, on, over, under or across the Easement Area. In addition, GRANTEE shall ensure that all construction in the Easement Area is performed in accordance with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other water quality statutes, regulations, ordinances, or permits applicable to the construction, including but not limited to use of appropriate best management practices, so as to ensure that pollutants are not discharged into the Channel nor into DISTRICT's flood control system. GRANTEE shall not accept any regulatory permit, or consent to any regulatory permit provision which may (i) affect the operation and maintenance of the Channel; (ii) commit DISTRICT to any new maintenance BridgQppow ornent - OCFCD to City of Santa Ana 4 18 — 10 9/20/2N2221418jja obligation; (iii) require the installation of any water quality feature within the Channel property; (iv) result in increased Channel operation or maintenance expenses; or (v) be inconsistent with DISTRICT's Channel operations and/or facilities standards and criteria, without the Director's prior written approval, which approval shall be at Director's sole discretion and which approval may include, but not be limited to the posting of a bond or the deposit of funds to cover any permit obligations. GRANTEE shall ensure that any such proposed permit provision(s) not approved in writing by the Director is/are stricken or deleted from the final permit prior to its issuance. No approvals or consents given hereunder by DISTRICT, as a Party to this Easement Deed, shall be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules or regulations. 6. COMPLIANCE WITH THE PROVISIONS OF THIS EASEMENT DEED GRANTEE agrees that it shall be responsible for ensuring that all work or activities performed within, on, over, under or about the Easement Area by GRANTEE's employees, contractors, subcontractors, agents, representatives, permittees, franchisees or invitees are conducted in accordance with the provisions of this Easement Deed. 7. HOLD HARMLESS (PMES7.2S) GRANTEE acknowledges the Easement Area is in, on, over, under or about DISTRICT's Channel and may be subject to all hazards associated with flood conditions. GRANTEE agrees to assume all risks, financial or otherwise, associated therewith. For purposes of this Section, GRANTEE acknowledges and agrees that DISTRICT shall not be deemed negligent in the maintenance and/or operation of the Channel if DISTRICT operates and maintains the Channel in substantial conformance with standard DISTRICT practices used for other similar facilities. GRANTEE hereby releases and waives all claims and recourse against DISTRICT and the County of Orange ("County") including the right of contribution for loss of or damage to property, or injury to or death of any person arising from, growing out of or in any way connected with or related to this Easement Deed, including any damage to or interruption of use of GRANTEE Facilities caused by erosion, flood, or flood overflow conditions of the Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the Channel or by DISTRICT's flood control operations, except claims arising from the concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and contractors. GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold harmless, DISTRICT and County, their elected and appointed officials, officers, agents, employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the maintenance, use of or operations or activities conducted in, on, or over the Easement Area, and/or the exercise of the rights under this Easement Deed by GRANTEE, its agents, officers, employees, invitees or licensees including, but not limited to, use of the Easement Area by members of the general public. GRANTEE's indemnity obligation shall not extend to any liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit, GRANTEE shall notify Director of such fact and shall represent DISTRICT/County in such legal action unless DISTRICT/County undertake(s) to represent itself/themselves as co-defendant(s) in such legal action, in which event, GRANTEE shall pay to DISTRICT/County its/their litigation costs, expenses, and attorney fees. If judgment is entered against DISTRICT/County and GRANTEE by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT/County and GRANTEE, DISTRICT and GRANTEE agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. BridgQppow ornent - OCFCD to City of Santa Ana 5 18 -11 9/20/2N.22 i 4 18JJa GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her, would have materially affected his or her settlement with the debtor or released party. GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this section. 8. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S) GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein, or if contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or appointed officials, officers, agents, and employees from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE's use of the Easement Area as a result of such contamination. This indemnification includes, without limitation, costs incurred by DISTRICT in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material being present in the soil or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained Director's written approval and the approval of any necessary governmental entities or agencies for any such remedial action. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, the County, the state of California, or the United States government. 9. RESERVATIONS (PMESMS) DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights and easement herein granted and reserves for itself the right to act in accordance with the Orange County Flood Control Act including, but not limited to improving, constructing, reconstructing, rehabilitating, operating and maintaining the Channel facility. DISTRICT further reserves the right to grant easements, rights of way, and permits in, over, upon, through, across, and along any and all portions of the Easement Area as will not interfere unreasonably with or prohibit the use by GRANTEE of the rights and easement herein granted. In the event DISTRICT exercises such rights to utilize the Easement Area, which use results in the disturbance of the Easement Area, DISTRICT's only responsibility shall be to backfill with compacted earth to the grade of the surrounding property following completion of DISTRICT's activity. GRANTEE shall restore GRANTEE Facilities to the design and grade approved as provided for in Section 1 (Construction and Maintenance) above. 10. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES10.1S) BridgQppow ornent - OCFCD to City of Santa Ana 6 18 — 12 9/20/2N222 i 4 18JJa This Easement Deed is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation or warranty, either express or implied, relating to the nature or condition of the Easement Area or DISTRICT's interest therein. 11. TAXES AND ASSESSMENTS (PMES11.IS) Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Easement Area or upon any GRANTEE Facilities, fixtures, equipment, or other property installed, constructed or used by GRANTEE thereon in connection with this Easement Deed, shall be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments to be paid promptly when due. 12. NOTICES (PMES 12.1 S) All notices, documents, correspondence and communications concerning this Easement Deed shall be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the other Party at least ten (10) calendar days' prior written notice of the new address. Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or by Federal Express or similar courier service and so given shall be deemed to have been given upon receipt. To DISTRICT: Orange County Flood Control District c/o CEO/Real Estate Services RE: Santa Ana River Channel — xx TBD xx P.O. Box 4048 Santa Ana, CA 92702-4048 13. VENUE (PMES13.1S) To GRANTEE: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-19888 The Parties hereto agree that this Easement Deed has been negotiated and executed in the state of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county. 14. WAIVER OF RIGHTS (PMES 14.1 S) The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of this Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Easement Deed. BridgQppow ornent - OCFCD to City of Santa Ana 7 18 — 13 9/20/2N.22 i 4 18JJa 15. SEVERABILITY (PMES 15.1 S) If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 16. ATTORNEY FEES (PMES 16.1 S) In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs. 17. SUCCESSORS AND ASSIGNS (PMES18.1S) The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hereto. 18. AUTHORITY (PMES20.1 S) The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. H H Signatures pages follow. BridgQppow ornent - OCFCD to City of Santa Ana 8 18 — 14 9/20/2N.22 14 18jja Approved as to Form Office of the County Counsel Orange County, California R-A Deputy Date: Signed and certified that a copy of this agreement has been delivered to the Chairman of the Board per G.C. Sec. 25103, Reso 79-1535 ATTEST: Robin Stieler, Clerk of the Board Orange County Flood Control District County of Orange, California A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On , 20 before me, appeared DISTRICT ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic Chairman of the Board of Supervisors County of Orange, California ACKNOWLEDGMENT (Insert name of Notary Public & title) personally who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) BridgQppow' oment - OCFCD to City of Santa Ana 9 18 - 15 9/20/2N.22 14 1 Rjja Approved as to Form: By: John Funk Chief Assistant City Attorney Date: August 17, 2022 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) GRANTEE CITY OF SANTA ANA, By: Kristine Ridge City Manager ACKNOWLEDGMENT On , 20 before me, , personally (Insert name of Notary Public & title) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) BridgQppow orient - OCFCD to City of Santa Ana 10 18 — 16 9/20/2N212 14 1 Rjja EXHIBIT A Bridg�i�kment - OCFCD to City of Santa Ana 18 - 17 g�2O�20 22 14 18jja Coast Swveying, Inc. September 8, 2022 EXHIBIT A LEGAL DESCRIPTION SANTA ANA RIVER CHANNEL FACILITY NO.: E01 PARCEL NO.: R1458 THOSE CERTAIN PORTIONS OF LAND, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, OVER LAND DESCRIBED IN THE QUITCLAIM DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED ON AUGUST 18, 1958 IN BOOK 4386, PAGE 151 OF OFFICIAL REOCRDS IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER AS SHOWN ON RECORD OF SURVEY 92-1000 PER MAP FILED NOVEMBER 2, 1993 IN BOOK 142, PAGES 36 THROUGH 41 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE WESTERLY TERMINUS OF THE COURSE SHOWN AS "S 89033'52" E 36.46"' ON SAID RECORD OF SURVEY, SAID COURSE HAVING A BEARING OF SOUTH 89033'54" EAST FOR THE PURPOSES OF THIS DESCRIPTION; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1. SOUTH 89033'54" EAST 36.46 FEET; 2. NORTH 35054'22" EAST 23.28 FEET TO THE EASTERLY LINE OF THE 100 FEET WIDE EASEMENT DEED TO THE CITY OF SANTA ANA RECORDED AUGUST 9, 1962 IN BOOK 6207, PAGE 901 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE NORTH 35054'22" EAST 2.83 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 00014'02" WEST 10.61 FEET; THENCE SOUTH 03012'48" EAST 47.67 FEET; THENCE SOUTH 89045'58" EAST 15.34 FEET; THENCE SOUTH 58°12'05" EAST 17.19 FEET; THENCE SOUTH 35055'08" WEST 49.46 FEET; THENCE SOUTH 00°14'02" WEST 50.57 FEET; THENCE NORTH 35055'08" EAST 40.70 FEET; THENCE SOUTH 54004'52" EAST 13.00 FEET; THENCE SOUTH 35°55'08" WEST 58.80 FEET; THENCE SOUTH 00014'02" WEST 77.71 FEET; THENCE NORTH 35°55'08" EAST 40.70 FEET; THENCE SOUTH 54°04'52" EAST 13.00 FEET; THENCE SOUTH 35055'08" WEST 58.80 FEET; THENCE SOUTH 00014'02" WEST 77.71 FEET; JCilty5d e#tview East REV3 Page I of 48 — 18 9/20/2022 Coast Surveying, Inc. September 8, 2022 THENCE NORTH 35055'08" EAST 40.70 FEET; THENCE SOUTH 54°04'52" EAST 13.00 FEET; THENCE SOUTH 35°55'08" WEST 58.80 FEET; THENCE SOUTH 00014'02" WEST 77.71 FEET; THENCE NORTH 35°55'08" EAST 40.70 FEET; THENCE SOUTH 54°04'52" EAST 13.00 FEET; THENCE SOUTH 35°55'08" WEST 58.80 FEET; THENCE SOUTH 00014'02" WEST 46.09 FEET; THENCE SOUTH 41 °36'14" EAST 33.90 FEET; THENCE NORTH 89°45'58" WEST 18.61 FEET; THENCE SOUTH 00°14'02" WEST 147.20 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER PER SAID RECORD OF SURVEY 92-1000; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 35007'54" WEST 19.07 FEET TO THE EASTERLY LINE OF SAID 100 FEET WIDE EASEMENT; THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE AND ALONG SAID EASTERLY EASEMENT LINE NORTH 00020'06" EAST 712.11 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 8,531 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION. DATED THIS 8T" DAY OF SEPTEMBER, 2022. =�ti DEL S. 4 � , �a L.S. 5108 GWEN-VERA DEL CASTILLO, PLS 5108 9�F of CP, 1F � Joj j�zLt666t#view East REV3 Page 2 of l 8 _ 19 9/20/2022 Coast Surveying, Inc. September 8, 2022 EXHIBIT A LEGAL DESCRIPTION SANTA ANA RIVER CHANNEL FACILITY NO.: E01 THOSE CERTAIN PORTIONS OF LAND, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, OVER LAND DESCRIBED IN THE QUITCLAIM DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED ON AUGUST 18, 1958 IN BOOK 4386, PAGE 151 OF OFFICIAL REOCRDS IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: PARCEL NO.: R1455 COMMENCING AT AN ANGLE POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER AS SHOWN ON RECORD OF SURVEY 92-1000 PER MAP FILED NOVEMBER 2, 1993 IN BOOK 142, PAGES 36 THROUGH 41 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE WESTERLY TERMINUS OF THE COURSE SHOWN AS "S 89033'52" E 36.46"' ON SAID RECORD OF SURVEY, SAID COURSE HAVING A BEARING OF SOUTH 89033'54" EAST FOR THE PURPOSES OF THIS DESCRIPTION; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1. SOUTH 00020'06" WEST 33.13 FEET; 2. SOUTH 36019'06" WEST 85.10 FEET TO THE WESTERLY LINE OF THE 100 FEET WIDE EASEMENT DEED TO THE CITY OF SANTA ANA RECORDED AUGUST 9, 1962 IN BOOK 6207, PAGE 901 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY EASEMENT LINE SOUTH 00020'06" WEST 16.59 FEET; THENCE LEAVING SAID WESTERLY EASEMENT LINE NORTH 08058'25" WEST 13.72 FEET TO SAID NORTHWESTERLY RIGHT OF WAY LINE; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 36019'06" EAST 3.78 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 18 SQUARE FEET, MORE OR LESS. i y u � vtew West Page 1 0 18 — 20 9/20/2022 Coast Surveying, Inc. September 8, 2022 PARCEL NO.: R1456 COMMENCING AT AN ANGLE POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER AS SHOWN ON RECORD OF SURVEY 92-1000 PER MAP FILED NOVEMBER 2, 1993 IN BOOK 142, PAGES 36 THROUGH 41 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE WESTERLY TERMINUS OF THE COURSE SHOWN AS "S 89033'52" E 36.46"' ON SAID RECORD OF SURVEY, SAID COURSE HAVING A BEARING OF SOUTH 89033'54" EAST FOR THE PURPOSES OF THIS DESCRIPTION; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1. SOUTH 00020'06" WEST 33.13 FEET; 2. SOUTH 36019'06" WEST 85.10 FEET TO THE WESTERLY LINE OF THE 100 FEET WIDE EASEMENT DEED TO THE CITY OF SANTA ANA RECORDED AUGUST 9, 1962 IN BOOK 6207, PAGE 901 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID WESTERLY EASEMENT LINE SOUTH 00020'06" WEST 102.86 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG WESTERLY EASEMENT LINE SOUTH 00020'06" WEST 7.00 FEET, - THENCE LEAVING SAID WESTERLY EASEMENT LINE NORTH 89045'58" WEST 11.94 FEET; THENCE NORTH 00114'02" EAST 7.00 FEET; THENCE SOUTH 89045'58" EAST 11.95 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 84 SQUARE FEET, MORE OR LESS. PARCEL NO.: R1457 COMMENCING AT AN ANGLE POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SANTA ANA RIVER AS SHOWN ON RECORD OF SURVEY 92-1000 PER MAP FILED NOVEMBER 2, 1993 IN BOOK 142, PAGES 36 THROUGH 41 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE WESTERLY TERMINUS OF THE COURSE SHOWN AS "S 89033'52" E 36.46"' ON SAID RECORD OF SURVEY, SAID COURSE HAVING A BEARING OF SOUTH 89033'54" EAST FOR THE PURPOSES OF THIS DESCRIPTION; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1. SOUTH 00020'06" WEST 33.13 FEET; 2. SOUTH 36019'06" WEST 85.10 FEET TO THE WESTERLY LINE OF THE 100 FEET WIDE EASEMENT DEED TO THE CITY OF SANTA ANA RECORDED AUGUST 9, 1962 IN BOOK 6207, PAGE 901 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; .TLNIJM6hhflview West REV3 Page 2 of l 8 — 21 9/20/2022 Coast Surveying, Inc. September 8, 2022 THENCE ALONG SAID WESTERLY EASEMENT LINE SOUTH 00020'06" WEST 554.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG WESTERLY EASEMENT LINE SOUTH 00020'06" WEST 33.03 FEET; THENCE LEAVING SAID WESTERLY EASEMENT LINE SOUTH 32007'41" WEST 11.75 FEET; THENCE NORTH 57052'19" WEST 20.04 FEET; THENCE NORTH 35055'08" EAST 39.92 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 501 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION. DATED THIS 8T" DAY OF SEPTEMBER, 2022. � DE� cu r D L.S. 5108 Q GWEN-VERA DEL CASTILLO, PLS 5108 CAO LNity`C&K6Tview West REV3 Page 3 of 48 — 22 9/20/2022 EXHIBIT B Bridg�i�kment - OCFCD to City of Santa Ana 18 - 23 g�2O�20 22 14 18jja DETAIL: N.T.S. T t BASIS OF BEARINGS: BEARINGS ARE BASED ON THE BEARING BETWEEN ORANGE COUNTY SURVEYORS CONTINUOUS GPS STATIONS "SACY" TO "BLSA" BEING N62`11'52.0"W PER CCS 83, ZONE VI, 2007.00 EPOCH SEE SHEET 2 FOR BEARING AND DISTANCE INFORMATION. J 16TH STREET VARIES w 0 -cj O o co rn zZ o I• N I 50' II~ J 0'i W U D,o U)IU� �-,Jj � w wg o��z 0 01I L� �QOpo p'` L o, ;v / _ �v�• N ' It SEE DETAIL AT LEFT 7 -C8 '' TRACT 17:: '�' fWASHINGTON_ AVENUE SANTA ANA RIVER CHANNEL v o,`ti ��` I llVllo uVuo o 0 0 0 PARCEL NO. E01-R1458 ���• 11V11 I1VI1 JOB #: 114-754 DATE: s 24 22 EXHIBIT B SCALE: 1 "- nLSURVEYING, INC. pQ SHEET 1 UIICIl 18 - 24 TUSTIN,CA COAST 92780W6 ffOY TA 6266 BEARING DISTANCE 1 S89'33'54"E 36.46' 2 N35'54'22"E 23.28' 3 N35'54'22"E 2.83' 4 S00'14'02"W 10.61' 5 S03'12'48"E 47.67' 6 S89'45'58"E 15.34' 7 S58'12'05"E 17.19' 8 S35'55'08"W 49.46' 9 S00'14'02"W 50.57' 10 N35'55'08"E 40.70' 11 S54'04'52"E 13.00' 12 S35'55'08"W 58.80' 13 S00'14'02"W 77.71' 14 N35'55'08"E 40.70' 15 S54'04'52"E 13.00' 16 S35'55'08"W 58.80' 17 S00'14'02"W 77.71' 18 N35'55'08"E 40.70' 19 S54'04'52"E 13.00' 20 S35'55'08"W 58.80' 21 S00'14'02"W 77.71' 22 N35'55'08"E 40.70' 23 S54'04'52"E 13.00' 24 S35'55'08"W 58.80' 25 S00'14'02"W 46.09' 26 S41'36'14"E 33.90' 27 N89'45'58"W 18.61' 28 S00'14'02"W 147.20' 29 S35'07'54"W 19.07' 30 N00'20'06"E 712.11' Jos : 114-754 DATE: 8 24 22 EXHIBIT OUncil B 18 - 25 G INC. 15031 PARKWAY�pD�i/Sj�ijE�� TUSTIN, CA 92780-6571 tP/l ¢t 6266 SCALE: 1 = SHEET 2 T.P.0.B. PCL. R145 PCL. R1455 DETAIL: N.T.S. 1© 1 0 qY PCL 16TH STREET P.O.C. T.P.0.B. PCL. R1455 SEE DETAIL AT LEFT ' PCL. R1455-�. T.P.0.B. 0 BASIS OF BEARINGS: P BEARINGS ARE BASED ON THE BEARING BETWEEN ORANGE COUNTY SURVEYORS / CONTINUOUS GPS STATIONS ' "SACY" TO "BLSA" BEING N62`11'52.0"W PER CCS 83, ZONE VI, 2007.00 EPOCH T.P.O.B. R1456 VARIE OO� BEARING 1 S00'20'06"W 2 S36°19'06"W 3 S00°20'06"W 4 N08"58'25"W 5 N36°19'06"E 6 SOO'20'06"W 7 SOO'20'06"W 8 N89'45'58"W 9 N00°14'02"E 10 S89°45'58"E 11 S00`20'06"W 12 S00°20'06"W 13 S32°07'41 "W 14 N57'52'19"W 15 N35'55'08"E JOB #: 114-054 DATE: 8 24 22 SCALE: 1 " uncil DISTANCE 33.13' 85.10' 16.59' 13.72' 3.78' 102.86' 7.00' 11.94' 7.00' 11.95' 451.15' 33.03' 11.75' 20.04' 39.92' PCL. R1457 .000 C' O F �� Q l I' l -+� 50' /50' I' 11 o�lw J I. U �Iw N o z,w oll > a 0 IILLJ ,� �I LdIi �I I 18-26 QO o 100' goo �o Uri]. ail. 52117 71 CT 9216 ,18�6 SHINGTQN_ AVENUE __ Ll V Ll O lJ V lJ ❑ 3651 Ll 0- 11 SANTA ANA RIVER CHANNEL PARCEL NO.: E01-R1455, R1456, R1457 L/fi J / -Rp��LLIqJRVEY��ING, INC. PARK TUSTIN,15031 CA 92780W6$1 tIVE2-6266 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Grant Deed dated from the Orange County Flood Control District, a body corporate and plitic, to the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws for the State of California is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1988, in the compliance with California Government Code Section 27281 and the grantee consents to recordation by its duly authorized officer. GRANTEE CITY OF SANTA ANA By: Kristine Ridge City Manager Date: Bridg �i arnent - OCFCD to City of Santa Ana 18 - 27 g�2O�20 22 14 18jja Public Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Agreement with County of Orange for Building Overhangs on Ross Street AGENDA TITLE: Approve a License Agreement with the County of Orange for use of Ross Street Right -of Way for Building Overhangs RECOMMENDED ACTION Authorize the City Manager to execute a license agreement with the County of Orange, a political subdivision of the State of California, for use of public right-of-way to accommodate overhangs for two County buildings within Ross Street between Santa Ana Boulevard and Civic Center Drive, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION During the past decade, the County of Orange (County) has been in the process re- developing the block bordered by Santa Ana Boulevard, Ross Street, Civic Center Drive and Broadway. In conjunction with the project, the County of Orange dedicated to the City an 18' wide strip of land along the east side of Ross Street for street right of way on November 4, 2021. The County has completed two new buildings fronting Ross Street. Construction of the County Administrative South (CAS) building at 601 North Ross Street was completed in 2020, and construction of the County Administrative North (CAN) building at 400 West Civic Center Drive was completed in summer 2022. The County constructed an overhanging roof as a design element on both buildings. The overhangs are situated within the City's newly dedicated Ross Street right-of-way above the surface of the street, approximately seven feet into the right of way for the CAN building, and approximately 11 feet into the right of way for the CAS building (Exhibits 1 and 2). To document the County's right to use, maintain, and repair its overhangs, to identify insurance requirements, and to prescribe terms of indemnification of the City by the County, the City and County will to enter into a License Agreement (Exhibit 3). City Council 19 — 1 9/20/2022 Agreement with County of Orange for Building Overhangs on Ross Street September 20, 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. Location Map 2. Section -View Photograph of Overhangs 3. Draft License Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 19 — 2 9/20/2022 Santa Ana Library Santa Ana City Hall Ross Annex LEGEND: CIVIC CENTER DRIVE LICENSE AND RIGHT OF ENTRY AREA SANTA ANA EXHIBIT I P W A COUNTY BUILDING OVERHANG MAP PUBLIC VMS AGENCY PAGE 1 OF 1 City Council 19 — 3 9/20/2022 SANTA ANA PWA PUBLIC VMS AGENCY EXHIBIT 2 COUNTY BUILDING OVERHANG PHOTO PAGE 1 OF 1 City Council 19 — 4 9/20/2022 EXHIBIT 3 RIGHT OF ENTRY AND LICENSE AGREEMENT THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made and entered into this day of 2022 ("Effective Date") 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, (hereinafter referred to as the "City"), and the COUNTY OF ORANGE, a political subdivision of the State of California (herein referred to as the "County"), with respect to the following: RECITALS A. County owns that certain real property located at 601 N. Ross Street, Santa Ana, CA, described as Parcel 1 of Parcel Map of Parcel Map No. 2016-182 as shown on a map filed in Book 408, Pages 19 - 26 of Parcel Maps, recorded November 4, 2021, in the Office of the County Recorder of County of Orange, California (hereinafter "Building 16"), which is occupied by various County agencies. B. County also owns that certain property located at 400 W. Civic Center Drive, Santa Ana, CA described as Parcel 2 of Parcel Map of Parcel Map No. 2016-182 as shown on a map filed in 408, Pages 19 - 26 of Parcel Maps, recorded November 4, 2021„ in the Office of the County Recorder of County of Orange, California (hereinafter "Building 14"), which is currently being constructed, and will there after also house County agencies. C. City owns or has an easement for public street/road purposes along, above and under the public street commonly known as Ross Street (hereinafter "Street"), which abuts Building 14 and Building 16 and was recorded on in Book , Page , of Official Records, in the Office of the County Recorded of County of Orange, State of California ("City Easement"). D. County has constructed an overhanging roof as a design element at Building 1 and Building 2, both of which encroach upon the City Easement (the "Overhangs"). E. County desires a license to construct, maintain and repair its Overhangs which are located on building 14 and 16 between the approximate elevations of 86 and 92 feet above the surface of Ross Street, as described in Exhibit A and depicted in Exhibit B, of Attachment 1 ("License Area 1") and in Exhibit A and depicted in Exhibit B, of Attachment 2 ("License Area 2") attached hereto and incorporate by reference. License Area 1 and License Area 2 may be collectively referred to herein as the "License Areas." NOW, THEREFORE, for good and valuable consideration, County and City do hereby agree as follows: Right of Entry and License. Provided that all of the terms and conditions of this Agreement are fully satisfied, as of the Effective Date of the Agreement, City hereby grants to County and its employees, agents and contolp pjapnexclusive, non -assignable, personp4 revocable right and license9gOO2O22 Pagel of 8 EXHIBIT 3 maintain, and repair said Overhangs within the License Areas. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in said Street. 2. Cojip y's Duties. By execution of this Agreement, County agrees for itself and on behalf of its employees, agents, consultants and contractors as follows: a. All work performed by County on the Overhangs from or within the License Areas shall comply with the current edition of the Standard Specifications for Public Works Construction (Green Book) and all applicable City Ordinances, Standards and Specifications currently in effect. The work, including method of installation and limits of construction of the Overhangs shall be depicted on a plan and shall be subject to review inspection and approval by the City Engineer. Any contractor performing work on the Overhangs shall first obtain all applicable permits from the City. b. The County shall endeavor to maintain and repair the Overhangs from property owned or controlled by County, if practical. Any maintenance or repair of the Overhangs via the City's Street shall require the County to apply for and obtain all applicable permits from the City. C. County accepts full responsibility for all damages and restoration to City property caused by County pursuant to County's activities stated herein. In the event that County damages any portion of City Property, County shall immediately repair the damage at County's sole cost. Alternatively, the City may, at its election, repair the damage in which case County shall reimburse the City for its direct cost within thirty (30) days of receipt of written demand from City. d. All work shall be done by a State Licensed Contractor with the appropriate classification. In addition, the contractor shall possess a current City Business License. Traffic. Traffic control shall comply with City Standard Plan No. 1125F and the Work Area Traffic Control Handbook (WATCH). Amber lights must be maintained at night. Any street closure shall comply with City Standard Plan No. 1125F. f. Refuse, rubble, gravel, dirt or unused materials shall be removed on a daily basis and final cleanup shall take place within 3 days after completion of the work. If not removed within 3 days, City may remove such refuse, rubble, gravel, dirt or unused materials at County's expense, including the current call -out charge. g. County shall provide plans for the project on City Standard Sheets and shall provide as -built plans when installation is complete. h. County shall cause all activities of under this Agreement and all activities on the License Areas to be performed in compliance with all applicable federal, state, and local laws, ordiigi#�rceo4m*liegulations, and permits. 19 — 6 9/20/2022 Page 2 of 8 EXHIBIT 3 3. General Terms and Conditions. a. Insurance. The County is self -insured; however, prior to undertaking performance of work under this Agreement, County shall require its contractor(s) to obtain and maintain Commercial General Liability Insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of County's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall be endorsed to (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. The following requirements apply to the insurance to be provided by County's contractors pursuant to this section: • County contractors shall maintain all insurance required above in full force and effect for the entire period covered by their activities conducted pursuant to this Agreement. • Certificates of insurance shall be furnished to the City prior to any County contractors' performance and shall be approved in form by the City Attorney. • Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. ii. If County's contractors fail or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish City with required proof that insurance has been procured and is in force and paid for, City shall have the right, at its election, to terminate this Agreement, if the County fails to cure within thirty (30) days of written notice received by County from City. b. County shall not permit any mechanics, materialman's or other liens of any kind or nature ("Liens") to be filed or enforced against the License Areas in connection with this Agreement. County shall indemnify, defend and hold harmless City, its officers, employees and agents, free from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the License Areas or any portion thereof, notices of non -responsibility or any other notice as may be desirable to protect City against liability. In addition to, and not as a limitation of City's other rights and remedies under this Agreement, should County fail, within ten (10) days of written request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify, and hold harmless City from and against any loss, damage, injury, liability or claim arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgement related thereto and all costs, e2nenses and attorneys' fees incurred in doing so sEWy1V,9uWJb City, as applicable, by County updj@wr�ten demand. 9/20/2022 Page 3 of 8 EXHIBIT 3 C. County shall not have any ownership interest in the License Areas or be entitled to any reimbursement or repayment for any work performed upon the License Areas pursuant to this Agreement. d. County may not encroach upon the License Areas for any other purpose or business than that specified in Paragraph 1, above, other than pedestrian purposes already available to members of the general public, without obtaining the prior written consent of the City's Executive Director of the Public Works Agency. e. City will not be held responsible for loss of, or damage to, any improvements made by County in the License Areas. f. This License is made subject and subordinate to the prior and continuing right of City to use the public right-of-way. 4. Indemnity. County hereby agrees to defend, indemnify and hold the City of Santa Ana and its officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from or attributable to the activities of County or any of its employees, agents, consultants or contractors upon the License Areas pursuant to this Agreement, except for loss, damage, injury, liability, claim, cost or expense arising from the negligence or misconduct of the City, its officers, officials, members, employees, agents, or representatives. All use of and entry upon the License Areas shall be at the sole cost, risk and expense of County. County acknowledges and understands that should this Agreement be deemed by the County of Orange to create a possessory interest subject to property taxation, that County shall be subject to the payment of property taxes levied on such interest, and that it shall defend, indemnify and hold the City of Santa Ana and its officers, officials, members, employees, agents and representatives, harmless from and against any and all such claims. 5. License Fees. At the time of any permit issuance, all outstanding fees associated with the License processing, improvement plan -check and work permit shall be paid in full by County. 6. Notices. Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, to the addresses below: City Council 19 — 8 9/20/2022 Page 4 of 8 EXHIBIT 3 TO C'TTY- City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 With a copy to: City of Santa Ana Attn: Executive Director of the Public Works 20 Civic Center Plaza (M-21) SMtaSlant4 9afiffiba 92702 TO COUNTY: 7. Termination of Occupancy. County of Orange Attn: Chief Real Estate Officer CEO Real Estate 333 W. Santa Ana Blvd., 3rd Floor Santa Ana, CA 92701 a. County accepts the License Areas in an "as is" condition and upon termination or revocation of this License, County shall, at its own cost and expense, remove any improvements installed, as stated below, and maintained by County and surrender possession of the License Areas to the City in good order and repair and as nearly practicable to the state and condition in which it existed prior to the grant of the License, to the satisfaction of City. The County shall not be required to remove its Overhangs from the City's Street unless the Overhangs substantially interfere with other City related public projects. 8. Miscellaneous. a. Choice of Law. This Agreement is to be governed by, and construed in accordance with, the laws of the State of California. b. Remedies. Either party shall, in addition to all other rights provided herein or as may be provided by law, be entitled to the remedies of specific performance and injunction to enforce its rights hereunder, except to the extent expressly provided to the contrary in this Agreement. All rights and remedies under this Agreement are cumulative and no one of them shall be exclusive of any other, and each party shall have the right to pursue any one or all of such rights and remedies or any other remedy which may be provided by law, whether or not stated in this Agreement, except to the extent expressly provided to the contrary in this Agreement. C. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. d. Non -Liability of Public Officials. No officer, employee, member, agent or representative of City shall be personally liable to County, or any successor in interest, in the event of any default or breach by City, or for any amount which may become due to County or its successor, or for any breach of any obligation of the terms of this Agreement. City Council Page 5 of1S9 — 9 9/20/2022 EXHIBIT 3 e. Assignment. County shall not record, hypothecate, assign or attempt to record, hypothecate or assign this personal License. Any attempt by County to record, hypothecate, or assign this License shall automatically terminate this License Agreement and render this License void and invalid. f. Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, then each Party shall bear its own costs including but not limited to attorney fees. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first set forth above. City of Santa Ana ATTEST: Daisy Gomez Clerk of the Council City of Santa Ana APPROVED AS TO FORM: Jose Montoya Assistant City Attorney CITY OF SANTA ANA a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Kristine Ridge, City Manager APPROVED AS TO FORM: Deputy County Counsel Office of the County Counsel Orange County, California City Council Page 6 of1p — 10 9/20/2022 EXHIBIT 3 COUNTY OF ORANGE A political subdivision of the State of Thomas A. Miller, Chief Real Estate Officer California County Executive Office Real Estate City Council Page 7 of1p —11 9/20/2022 EXHIBIT 3 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: SEE ATTACHMENT City Council Page 8 of1S9 — 12 9/20/2022 Public Works Agency www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: On -Call Grant Writing Services AGENDA TITLE Approve Agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. for On -Call Grant Writing Services for a Total Amount Not to Exceed $2,375,000 for up to a Five -Year Term (General and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. to provide on -call grant writing and grant management services for a three-year period beginning September 20, 2022 and expiring September 19, 2025, with provisions for one, two-year renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed of $2,375,000, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's water and sanitary sewer systems. The water and sewer enterprises are funded through ratepayer revenues which provide for water and sewer system maintenance, enterprise operations, and capital improvements. However, with the amount of grant and low -interest loan funding currently available, it can be fiscally beneficial to pursue outside funding for service improvements, pilot programs, or to simply lower City -funded costs for existing or planned projects. Awarding contracts to the recommended firms will enable the Public Works Agency to utilize professional grant writing and management services to secure additional funding for Public Works projects and programs. On June 29, 2022, the Public Works Agency issued Request for Proposals (RFP) 22-064 for on -call water, sewer, and public works grant writing services. The RFP was advertised on the City's online bid management and publication system with bids due on July 25, 2022. System records indicate 10 vendors downloaded proposal files. Six proposals were received and evaluated by a selection committee. Based on the criteria as outlined in the RFP, all of the proposals received were categorized as responsive, and their respective scores are as follows: City Council 20-1 9/20/2022 On -Call Grant Writing Services September 20, 2022 Page 2 FIRM LOCATION SCORE Townsend Public Affairs, Inc. Newport Beach, CA 94 Engineering Solutions Services, Inc. Laguna Hills, CA 88 MNS Engineers, Inc. Thousand Oaks, CA 86 California Consulting Services, Inc. El Segundo, CA 70 Global urban Strategies, Inc. Alhambra, CA 66 Attache Partners Cheney, WA 57 In accordance with the RFP scores, staff recommends entering into agreements with Townsend Public Affairs, Inc., Engineering Solutions Services, Inc., and MNS Engineers, Inc. to provide on -call grant writing and grant management services for the Public Works Agency (Exhibits 1, 2, and 3). The proposals demonstrated high levels of technical competency and experience performing similar services. The proposals contained a clear path toward achieving City goals and objectives as required by the RFP. In addition, Townsend Public Affairs, Inc. and Engineering Solutions Services, Inc. have provided similar services for the City in the past with great success. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available for expenditure in budgeted in future fiscal years, including the renewal respective Public Works divisions. The following is an year: the current fiscal year and will be option, based on the needs of the estimate of expenditures by fiscal Accounting Unit Fund Accounting Unit, Fiscal Year Amount - Account # Description Account Description Contract (3-Year Term) Water Admin & 2022-23 06017645-62300 Water Fund Engineering, Contract $250,000 (Sept -June) Services -Professional Park Maintenance Services 2022-23 01117651-62320 General Enhancement, $90,000 (Sept -June) Fund Contract Services - Professional Equip Maint-Garage 2022-23 07517100-62300 Fleet Operation, Contract $90,000 (Sept -June) Maintenance Services -Professional City Council 20 — 2 9/20/2022 On -Call Grant Writing Services September 20, 2022 Page 3 Accounting Unit Fund Accounting Unit, Fiscal Year Amount - Account # Description Account Description Water Admin & 2023-24 06017645-62300 Water Fund Engineering, Contract $275,000 Services -Professional Park Maintenance Service 2023-24 01117651-62320 General Enhancement, $100,000 Fund Contract Services - Professional Equip Maint-Garage 2023-24 07517100-62300 Fleet Operation, Contract $100,000 Maintenance Services -Professional Water Admin & 2024-25 06017645-62300 Water Fund Engineering, Contract $275,000 Services -Professional Park Maintenance Service 2024-25 01117651-62320 General Enhancement, $100,000 Fund Contract Services - Professional Equip Maint-Garage 2024-25 07517100-62300 Fleet Operation, Contract $100,000 Maintenance Services -Professional Optional Two -Year Extension Water Admin & 2025-26 06017645-62300 Water Fund Engineering, Contract $275,000 Services -Professional Park Maintenance Service 2025-26 01117651-62320 General Enhancement, $100,000 Fund Contract Services - Professional Equip Maint-Garage 2025-26 07517100-62300 Fleet Operation, Contract $100,000 Maintenance Services -Professional City Council 20 — 3 9/20/2022 On -Call Grant Writing Services September 20, 2022 Page 4 Accounting Unit Fund Accounting Unit, Fiscal Year Amount - Account # Description Account Description Water Admin & 2026-27 06017645-62300 Water Fund Engineering, Contract $275,000 Services -Professional Park Maintenance Service 2026-27 01117651-62320 General Enhancement, $100,000 Fund Contract Services - Professional Equip Maint-Garage 2026-27 07517100-62300 Fleet Operation, Contract $100,000 Maintenance Services -Professional 2027-28 Water Admin & (July — 06017645-62300 Water Fund Engineering, Contract $25,000 Sept) Services -Professional Park Maintenance 2027-28 Service (July— 01117651-62320 General Enhancement, $10,000 Fund Sept) Contract Services - Professional 2027-28 Equip Maint-Garage (July — 07517100-62300 Fleet Operation, Contract $10,000 Maintenance Sept) Services -Professional Total: $2,375,000 EXHIBIT(S) 1. Agreement with Townsend Public Affairs, Inc. 2. Agreement with Engineering Solutions Services, Inc. 3. Agreement with MINIS Engineers, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 20 — 4 9/20/2022 AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS TO PROVIDE ON CALL GRANT WRITING SERVICES THIS AGREEMENT is made and entered into this 20th day of September 2022 by and between Townsend Public Affairs, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 29, 2022, the City issued Request for Proposal No. 22-064, by which it sought a consultant having special skill and knowledge in the field of Water, Sewer and Public Works grant writing services. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-064. 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 contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in RFP No. 22-064, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide grant writing services on an on -call basis under RFP 22- 064. The total compensation for these services provided by all such contracts selected under RFP 22-064 shall not exceed the shared aggregate amount of Two Million, Three Hundred Seventy -Five Thousand Dollars and Zero Cents ($2,375,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals City Council 1 20 — 5 9/20/2022 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 19, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 CONSULTANT 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. 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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. City Council 2 20 — 6 9/20/2022 7. 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. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general 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. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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 if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). City Council - 20-7 9/20/2022 2. Primary Coverage: For any claims related to this contract, the Consultant'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 Consultant'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: Consultant hereby grants to City 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 waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require 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. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): 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 (S) 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 (S) years after completion of work. City Council 4 20 — 8 9/20/2022 8. 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 requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the 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. 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of 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 subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, City Council 5 20 — 9 9/20/2022 and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. 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. 11. 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. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, 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 Council 6 20 — 10 9/20/2022 City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Townsend Public Affairs, Inc. Attn: Christopher Townsend, President 1401 Dove Street, Suite 330 Newport Beach, CA 92660 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. 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 City Council - 20 —11 9/20/2022 personnel or by other Consultants retained by City. 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. 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 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. 18. 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. 19. 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. 20. 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 City Council 8 20 — 12 9/20/2022 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. 21. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT ame: dhrAlopher Townsend Title: President City Council 9 20 — 13 9/20/2022 EXHIBIT A City Council 20 — 14 9/20/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER, SEWER AND PUBLIC WORKS PROGRAMS GRANT WRITING SERVICES RFP NO.: 22-064 Introduction and Background: The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 335,000 people. The City of Santa Ana Public Works Agency is soliciting proposals from professional firms for grant writing services. The primary emphasis will be seeking grant related funds for Water and Sewer programs all other programs will be secondary. In the past the City has utilized professional grant writing consulting firms on as needed basis to meet the goals and objectives of the City. The goals of this proposal for consulting services are to identify areas of funding needs, grant research and funding, development, and grant program administration and delivery to the City's Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide grant writing services. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. Description of Work: The Consultant/s will seek funding opportunities primarily for water and sewer programs, secondarily for all other programs with an emphasis on securing funds for capital projects. The selected consultants are expected to search for relevant grant opportunities and inform the City of their applicability. When relevant grant opportunities are identified and approval to proceed is granted by City, the consulting firm shall prepare the necessary grant application documents and submit grant applications on behalf of the City for approval or fully support the City in applying. All the work shall be coordinated with Public Works Agency personnel. The successful firm(s) shall have experience in grant writing, grant program development and administration for Federal, State, and Local entities including and not limited to: • US Department of Commerce -Economic Development Administration (Public Works and EAA programs) • US Department of Housing and Urban Development (CDBG) • US Department of Interior -Bureau of Reclamation • California Department of Water Resources City Council 20 — 15 9/20/2022 City of Santa Ana RFP 22-064 Page 11 • California Water Quality Control Board • California Water Resources Control Board • Air Quality Management District (AQMD) • Mobile Source Air Pollution Reduction Review Committee (MSRC) • State of California Department of Parks and Recreation; various programs and Bond Acts (Office of Grants and Local Services OGALS) • State of California Natural Resources Agency • State of California Coastal Conservancy The funding sought is intended to support contemplated programs for, among other things: • Recycled water • Infrastructure replacement • Automated Metering Infrastructure • Green infrastructure/solar panels • Conservation/outreach enhancements • Sewer septic tank removals/conversions • Alternative (RNG/CNG/Propane) fuel vehicles/infrastructure • EV charger infrastructure • Park Land Acquisitions • Park Development (Capital Improvements) • Park Deferred Maintenance Projects The following are typical service and or items that the successful Consultant(s) will be required to provide for the City of Santa Ana. Funding Needs Analysis — Conduct current funding priority needs analysis and identify new priority areas for funding in conjunction with Staff. Outside Funding/On-Call Research — Conduct research and identify third -party funding sources that support the Public Works Agency, funding needs and priorities. This scope includes researching grant opportunities independently as well as any identified by the City. Funding Proposal Development — Provide proposal writing associated with funding applications on behalf of the City of Santa Ana, including the preparation of funding abstracts, production and submittal of applications to funding sources. The City understands that many applications require technical details,. City staff will provide technical data as necessary but it is expected that the consultant(s) will perform the majority of work required to generate funding applications. Once applications are finalized, consultant will provide a copy of each application package for funding to the City prior to submittal and review the package with City staff. Program Administration and Delivery — The Consultant(s) will be required to provide grant administration and coordination services as part of this proposal including, but not limited to, coordinating with City staff to provide expenditure reports and submit reimbursement requests, preparing Resolutions and Staff Reports for City Council consideration, coordinating with funding sources' staff, and submitting periodic status update reports to City. City Council 20 — 16 9/20/2022 City of Santa Ana RFP 22-064 Page 12 On a monthly basis, the Consultant(s) shall provide the City summaries of potential funding opportunities. The summaries shall include, but not limited to the name of the funding agency, due dates for applications, eligibility, and program summary and funding level available. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. Availability of staff time to assist with the preparation of grant application documents is limited. Selected consultant is expected to perform a substantial amount of research and data gathering independently. City staff will provide system information and data as available in an effort to develop the best grant application package possible. City Council 20 — 17 9/20/2022 City of Santa Ana RFP 22-064 Page 13 EXHIBIT B City Council 20 — 18 9/20/2022 TWNSEND PUBLIC AFFAIRS W%V&TCWNSEKWPXDM CR MEHTO i WASHINGTON, DC NORTHERN CALWORM A ■ CENTRAL CALIFORNIA era■ ■T■ �rrti■ ■ s� a ■ arra r`■ �� a ,W—PgJ 1 1 AL13II k •OLI %JM12 u6% SANTA Al � i Tableof Contents........................................................................................................................1 1. Statement of Qualifications..............................................................................................2 a) Cover Letter.........................................................................................................2 b) Agreement Statement..........................................................................................3 c) Understanding of Need........................................................................................3 d) Firm and Team Experience..................................................................................9 e) Relevant Project Experience..............................................................................16 f) Schedule............................................................................................................20 g) References........................................................................................................21 2. Scope of Services & Schedule......................................................................................22 3. Fee Proposal................................................................................... Submitted Separately 4. Certifications..................................................................................................................31 Attachment 3-1: Non -Collusion Affidavit........................................................................31 Attachment 3-2: Non -Lobbying Certification..................................................................32 Attachment 3-3: Non -Discrimination Certification...........................................................33 City Council 20 — 20 9/20/2022 Proposal for Grant Writing Services I Santa Ana Public Works Agency Page 1 July 25, 2022 Kathia Reyes, Project Manager Santa Ana Public Works Agency 220 S. Daisy Street, 1 st Floor Santa Ana, CA 92703 Dear Ms. Reyes: Thank you for the opportunity for Townsend Public Affairs, Inc. ("TPA") to submit our proposal for Grant Writing Services to the City of Santa Ana Public Works Agency ("Agency"). We have been proud to work with the Agency for the last several years and have been successful in securing $4 million for the Agency. Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission. Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers. Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $2.3 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies. Thank you again for your interest in our firm and your consideration of this proposal. Please contact us if you have any questions or need additional information. We would be honored to serve the Santa Ana Public Works Agency. Yours truly, yv+� Christopher Townsend President* *Authorized to bind the firm ,-/ Cl� pd0sUNFor Grant Writing Services I Santa Ana Pub'1ic �orks Agency 9/20/24age 2 TPA concurs with the provisions contained within the standard agreement attached as Attachment 2 in the Appendix of the RFP and is prepared to enter into agreement under those terms. TPA has been proud to work with the Agency for the last five years to identify creative funding solutions for the Agency's priority projects. TPA has been successful in securing $4 million for the Agency for advanced metering infrastructure and is prepared to continue to work with the Agency on a variety of water and energy projects that will help create a more sustainable Santa Ana. The majority of the Agency's potable water comes from an underground basin and is pumped through 21 existing wells to serve about 44,500 water accounts. Given the limited water supplies in the region, recent reoccurring droughts, and the previous contamination levels, the Agency has needs for a new groundwater well, expansion of the recycled water system to add additional distribution infrastructure and new connections, and PFAS clean-up projects. TPA is prepared to continue to work with the Agency to identify grant funding opportunities as well as legislative directed opportunities to improve overall water system reliability and reduce the burden on other water production facilities, including on imported water. In addition, the Agency has several energy related projects including an expansion of the natural gas fuel station at the City Yard, incorporation of hydro -electric generation and battery storage, and the design and construction of solar parking lot canopies with electric vehicle chargers. TPA believes that funding success for our clients requires much more than simply reacting to existing grant programs when they are announced. TPA believes that maximum funding success for our clients requires aggressive PROACTIVE strategy and effort to CREATE new funding opportunities via budget earmarks or grant programs that are tailored to ensure eligibility and maximum competitiveness for client projects. Therefore, in order to successfully pursue the Agency's funding needs, TPA strongly suggests the Agency utilizes the following approach to generate and secure additional funding beyond the opportunities identified in traditional grant programs. While these activities are above and beyond the typical grant writing scope of work, TPA believes a creative funding advocacy component is critical to maximize funding success for the Agency. State Budget Opportunities: TPA has worked with several municipal clients to secure project funding in the State Budget through legislative -directed grants, also referred to as "earmarks". This has led to success for the Santa Ana Public Works Agency, which received a direct project allocation in the form of a $4 million earmark for Advanced Water Metering Infrastructure. Looking forward to future budget cycles, earmarks are likely to be included in the State's 2023-24 budget cycle. TPA will work with the Agency to identify priority projects and leverage legislative connections to advocate for this funding in upcoming budget cycles. In addition to project specific funding, current opportunities in Sacramento include $2.7 billion in new water drought funding that was included in the Fiscal Year 2022 budget that will need to be allocated in early August. That funding will likely replenish existing programs that will fund recycled water, habitat restoration, and drought relief, and could provide additional funding opportunities for Agency projects. �� C'No�fffor Grant Writing Services I Santa Ana Pubgic �orks Agency 9�20�20Page 3 State Bond Legislation: Since its establishment in 1998, TPA has participated in the development and implementation of many California legislative propositions to provide capital funding for a wide variety of infrastructure projects, including water, natural resources, parks and recreation, transportation, education, and cultural and historical resources in the following bonds: 13, 40, 50, 84, and 1. TPA worked closely with the Senate and Assembly leaders, staff, and stakeholders on the drafting of park bond legislation for the June 2018 statewide ballot, which was eventually passed by voters and implemented Proposition 68. Proposition 68 authorized $4.1 billion for the Legislature to appropriate to various state and local agencies to fund a variety of capital projects. $2.5 billion of the total amount of the bond funds park and open space related projects, while the remaining $1.5 billion funds a variety of water development programs. By using a holistic approach targeted at exploring all channels of funding advocacy, TPA worked with relevant state agencies to develop guidelines for park and water bond grant programs to ensure that language is included so that client projects are eligible and competitive. TPA was successful in creating and directing funding in Proposition 68 to align with client projects and priorities that ultimately resulted in the funding of legacy infrastructure projects. Federal Infrastructure Legislation: At the federal level, in addition to funding programs that the Agency is already familiar with including the WaterSMART Water and Energy Grant Program (WEEG) and Drought Resiliency Program, there are new opportunities that have been created through the Bipartisan Infrastructure Law (BIL) that was recently signed into law by President Biden. These new federal opportunities include $9 billion in dedicated funding for remediation of emerging contaminants in water supplies, including PFAS. $4 billion of these funds are distributed through the States' various State Revolving Fund programs. California's share of these funds will be distributed through the State's Drinking Water State Revolving Fund (DWSRF), which is administered by the State Water Resources Control Board. TPA is uniquely positioned to pursue these funds given our extensive relationships in Sacramento as well as Washington, D.C. For water recycling there is a dramatically expanded water recycling program administered by the U.S. Bureau of Reclamation that provides $1 billion for projects that reclaim or reuse municipal, industrial, and agricultural wastewater. This program could be a unique opportunity to expand the Agency's recycled water system. The BIL also includes a large focus on energy and electric vehicle infrastructure. The primary program for electric vehicle infrastructure is the National Electric Vehicle Infrastructure Formula Program (NEVI) which will allocate $5 billion over the course of the next five years to build out electric vehicle charging infrastructure on both public and private land. An additional $2.5 billion is being allocated through discretionary grant programs along highway corridors and in communities to expand the nation's electric vehicle charging infrastructure. TPA will utilize the following strategic and comprehensive approach to provide grant funding services to the Agency: • Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of Agency leadership and key Agency departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the Agency, as well as designed for maximum success in the current political climate and funding environment. �� C'No�osal�For Grant Writing Services I Santa Ana Pubgic �orks Agency 9�20�20Page 4 Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the Agency to develop a proactive and comprehensive strategic funding plan that serves the needs of the Agency's priorities. The plan will do more than simply identify Agency projects; it will outline and prioritize multiple funding options for each project, and develop a specific plan of work tailored for each project. It will also identify key "strings attached" to help assess the cost/benefit ratio for each grant opportunity. Funding opportunities will have in mind the Agency's priority projects, such as infrastructure replacement, green infrastructure, park land acquisitions, recycled water programs, EV charging infrastructure, sewer septic tank removals/conversions, and more. Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list -serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the Agency's projects. TPA will then share these opportunities with the Agency for further assessment and determination if a grant application is warranted. The Agency will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise, which will identify funding opportunities from state and federal agencies such as the US Department of Interior - Bureau of Reclamation, the California Natural Resources Agency, the California Water Quality Control Board, and others. • Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each Agency grant application through the following process: o Establishment of Clear Accountabilities: TPA will coordinate with the Agency to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided and the Agency is burdened as little as possible while TPA pursues a grant opportunity. o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the Agency with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the Agency's project. This will include: ■ Application timeline ■ Eligible project types ■ Funding availability and award maximum and minimums ■ List of application components, including proposal questions and any required attachments o Assemble Project Background and Details: TPA will conduct a detailed informational interview with Agency staff most involved with each project in order to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions. o Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and cost -benefit analyses, TPA will coordinate with Agency staff to compile all necessary attachments and ensure consistency across all elements of the application. o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the Agency could be provided during the proposal review process. �� C'No�fffor Grant Writing Services I Santa Ana Pubgic �orks Agency 9/20/24age 5 o Incorporate Feedback to Finalize Proposal: Well ahead the of the application deadline, TPA will provide the Agency with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain Agency approval for the final version of the application prior to submission. o Submit Completed Application: TPA will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable carrier service such as Fed Ex in order to provide the Agency with tracking and delivery confirmation for the application. TPA will also obtain a receipt for proof of submission and provide the Agency with a final copy of all submitted application documents. o Funding Advocacy: Throughout grant application process TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that Agency grant applications are aligned with the goals of the specific grant program and that the applications are well -crafted and well -positioned for funding. o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the Agency to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the Agency to develop supporting materials for the budget request. TPA will also work with members of the Agency's state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the Agency's project in the final State Budget approved by the Legislature. o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the Agency to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the Agency to develop supporting materials for the earmark request. TPA will also work with members of the Agency's federal legislative delegation to gain support for the inclusion of the Agency's project. TPA will strategize with the Agency to identify priority projects and transform them into appropriations requests. TPA will then work closely and diligently with Members of Congress and the U.S. Senate (and their staff), the appropriations committees, the President's administration, and other key stakeholders to ensure projects are included in the final appropriations legislation. Post -Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on Agency's projects and convey their support for those projects. • Post -Award Grant Administration and Compliance: TPA will also assist, as needed, with post -award administration and compliance for all grant applications submitted by TPA on behalf of the Agency. This assistance will include interacting with granting agencies on behalf C'No�fffor Grant Writing Services I Santa Ana Pubgic �o9�20�2 rks Agency 0P5ge 6 of the Agency, providing support for the drafting and submission of required reports, evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements. • Comprehensive Follow -Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in -person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success. Provide Monthly Progress Reports: TPA will confer regularly with the Agency on our activities. TPA will provide timely electronic monthly reports on the status of all funding activity, such current funding opportunities, current applications, submitted applications, and post - grant submittal advocacy. In addition to written reports, TPA will be available to the Agency for conference calls, in -person briefings, and meetings. �� C'No�os Foil Grant Writing Services I Santa Ana Pubgic �orks Agency 9�20�20Page 7 GRANT FUNDING ACHIEVEMENTS This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs. These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements. Policy Sector Water and Sanitation State Funding $128.9 Million Federal $8.7 Million $137.6 Million Transportation $568.7 Million $131.3 Million $700 Million Education $248.0 Million $46.8Million $294.8 Million Parks and Recreation $154.7 Million $30.1 Million $184.85 Million Cultural Resources $120.0 Million $10.3 Million $130.3 Million Housing and Development $696.6 Million $14.2 Million $710.8 Million Public Safety $106.5 Million $66.7 Million $173.2 Million TOTAL $2.023 Billion $308.1 Million $2.331 Billion A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST �� C'No�os Foil Grant Writing Services I Santa Ana Pubgic �orks Agency 9/20/20Page 8 With a team of 14 registered state and federal grant writers, TPA has the breadth and depth of experience AND the ability to deploy as many grant writers as needed to maximize success for the Agency while minimizing the burden on Agency staff. TPA will rely on Agency staff to provide technical project information, appropriations process details, and project timeline information as appropriate. TPA is prepared to draft all briefing materials, funding requests, and grant applications. The project manager, Vice President Cori Takkinen, will oversee the proposed team for the project to ensure the proposed work for this project is within the time limits of the grant program, considering the team's current workload. TPA Grants Manager Alex Gibbs and Senior Associate Christine Rose will assist in grant writing and drafting technical narrative, while providing support to Cori and working directly with the Agency on grant applications and appropriations requests. TPA Deputy Director Eric O'Donnell will work with the Grant Writing Team to provide feedback, identify funding opportunities, and ensure that all funding avenues, including legislative and regulatory, are explored. The proposed team will also be supported by an additional nine (9) TPA grant writing specialists and funding advocates. TPA President Christopher Townsend will personally engage in the project to adjust internal workloads in order to ensure quality control of all deliverables. TPA does NOT propose utilizing subconsultants or third -party vendors to complete the scope of work. The proposed team for this engagement will be structured in the following way. Resumes for each member of the proposed project team can be found on the following pages. Ben Goldeen Federal Adocacy Manager Funding Advocate Cori Takkinen Vice President Funding Advocate/Project Manager Eric O'Donnell Deputy Director Funding Advocate Christopher Townsend President Strategic Advisor Alex Gibbs Grants Manager Grant Writer/Funding Advocate Christine Rose Senior Associate Grant Writer () C'No�osal�For Grant Writing Services I Santa Ana P20A Arks Agency 9/20/24age 9 Christopher Townsend, President: Christopher founded TPA in 1998 and has 40 years of experience in public affairs, legislative advocacy, and grant writing. Christopher and TPA have represented over 315 clients, including 235 local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, elementary and secondary school districts, community college districts, park and recreation districts, and other special districts, as well as nonprofit organizations. Christopher provides leadership to a team of 13 advocates and grant writers while managing the development and implementation of strategies for the agendas of each client. His achievements include: • Under Christopher's leadership, TPA has become one of the most successful advocacy firms in California (representing more California public agencies in Washington, DC than any other firm) while providing the personalized attention and focus of a small boutique firm. • Christopher and his team have secured over $2.2 billion in local, regional, state, and federal government grants as well as nonprofit and private grants for a multitude of legacy projects in the policy sectors of water and sanitation, transportation, housing and economic development, parks and natural resources, historical and cultural resources, public safety, and education. Christopher and his team have shepherded over 100 legislative proposals into law over a wide range of policy areas, including local governance, water, sanitation, transportation, housing and economic development, parks, natural resources, historical and cultural facilities, public safety, higher education, and K-12 education. The bipartisan capabilities of the firm are evidenced by legislative and funding successes over the tenure of several federal and state administrations, including: Presidents Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown, and Gavin Newsom. • Maintains close bi-partisan relationships with several members of the California Congressional delegation, including Senators Feinstein and Padilla, and Representatives Torres, Lowenthal, Porter, Levin, Correa, Lee, Swalwell, Napolitano, Garamendi, Carbajal, Desaulnier, Sanchez, Lieu, Harder, McNerney, Calvert, Garcia, Steel, and Kim. Christopher and TPA have secured over $119 million in funding for museums, science centers, cultural facilities, and at -risk youth programs from various state, federal, and local funding sources, including: Federal Department of Energy, National Aeronautics and Space Administration, Federal Department of Transportation, Institute of Library and Museum Services, California Cultural and Historical Endowment, California Department of Parks and Recreation, County of Los Angeles, County of Orange, City of Los Angeles, Orange County Water District, Municipal Water District of Orange County, and Children and Family Commissions of Los Angeles and Orange County. Prior to TPA, Christopher served as a Senior Director of Government and Community Affairs for PepsiCo, Inc. and Vice President of Public Affairs for Stein -Brief Group, Inc., a major land developer in Southern California. �� C'No�os Foil Grant Writing Services I Santa Ana P20A Arks Agency 9�20�2 Page 10 Cori Takkinen, Vice President: Cori brings 13 years of legislative advocacy and public policy experience to TPA. Cori has extensive experience writing grants for various local, regional, state, and federal opportunities. Cori has expertise in the policy sectors of local governance, transportation, water resources, infrastructure, sanitation, parks and recreation, and economic development. Townsend Public Affairs, Inc. Vice President 2011-Present Throughout her tenure at TPA, Cori has been responsible for securing millions in competitive grant funds for local public agency clients. In addition to her expertise on municipal issues, Cori has strong experience building coalitions, identifying synergies, and leveraging all available opportunities to achieve success. Cori has a strong network of relationships with State and Federal Legislators, key staff, and various funding agencies, including the California State Department of Parks and Recreation, the Natural Resources Agency, and the California Coastal Conservancy. Some of Cori's accomplishments include the following: • Cori worked with the City of Santa Ana to secure a direct funding allocation in the FY 2018-19 State Budget in the amount of $4 million to upgrade water infrastructure within the City. TPA worked with the City's legislative delegation, staff from the Assembly and Senate Budget Committees, and the Department of Finance to ensure funding was included in the State Budget for this critical project to allow the City's water customers to have real-time access to their water usage, which will help facilitate water conservation and reduce customers' utility bills. • Leveraging relationships with the California Federal delegation, Cori currently has over $25 million in Community Project Funding (or earmarks) included in the nine appropriations bills that have passed the House. • In the FY 2021-22 State Budget, Cori worked with several municipal and nonprofit clients to secure $54 million in budget earmarks for priority projects, including funding for infrastructure improvements, parks and trails improvements. mental health, and public safety, • Cori worked with the Orange County Water District and the Orange County Sanitation District to sponsor AB 2022 (Gordon). The bill allowed for limited bottling of the highly treated and recycled GWRS water for educational purposes. The bill was the first legislation in the nation that allowed for the direct bottling of advanced treated recycled water. TPA secured bi-partisan support for the legislation and it was signed into law. • Worked closely with the State Legislature and Administration on the development and implementation of Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. Cori worked in support of a variety of clients to create specific funding opportunities to achieve desired results. In addition to securing funding opportunities for municipalities, Cori's efforts with Proposition 68 resulted in $4.8 million to fund a conservation program at West Coyote Hills in Fullerton as well as $3.46 million to fund science education at the Discovery Cube Orange County. Prior to joining TPA, Cori worked as a Policy Advisor for then -Orange County Supervisor John Moorlach. Cori holds a Bachelor of Arts in Economics and Government with Leadership Sequence from Claremont McKenna College and a Masters in Public Administration from Chapman University. �� C'No�fffor Grant Writing Services I Santa Ana P20A Arks Agency 9�20�2 Page 11 Alex Gibbs, Grant Manager: Alex brings ten years of public policy and legislative advocacy experience to TPA. Alex has four years of experience working for the State Legislature analyzing researching, writing, and shepherding bills through the legislative process. Alex has also secured significant grant funding for clients throughout California. Alex has expertise in the policy sectors of parks and recreation, local governance, public safety, transportation, cap and trade, and labor relations. Townsend Public Affairs, Inc. Grants Manager 2014-Present During his tenure at TPA, Alex has been responsible for securing millions in competitive grant funds at the private, state, and federal levels for local public agency clients. In addition to his expertise on parks and recreation, transportation, and public safety, Alex has a strong network of relationships with State Legislators and key staff, as well as various state departments and agencies. Some of his accomplishments include: Alex worked closely with the City of Oakland staff to secure $10,801,183 in grant funding from the Clean CA Local Grant Program. Alex leveraged relationships with the California Department of Transportation and the City's legislative delegation to successfully advocate for two funded projects. This funding helped the City of Oakland conduct the Courtland Creek Restoration Project, as well as the Oakland Mini Parks Beautification Project, both of which provided significant remediation and beautification of public resources for local residents. • Alex led a team of Kern County staff through the application process to secure $6,515,000 in grant funding from the Prop 68 Statewide Parks Program (Round 4). This funded the South Kern Lamont Park Project which provided much needed renovations to an existing park in the community of Lamont, despite grant program guidelines which provided preferences for the construction of new parks. • Alex collaborated with state Natural Resources Agency staff to secure a $3,086,000 Urban Greening Grant for the Desert Recreation District. This funded the construction of a new park and sports complex in unincorporated Riverside County. Alex then continued to work with the District on grant administration, ensuring the client was able to see the completion of their legacy project, that had been years in the making. • Alex collaborated with state and federal Land and Water Conservation Fund staff to secure a $750,000 grant for the City of Imperial. This funded the construction of a 300 plus acre regional park and equestrian center. Alex then continued to work with the City on grant administration, ensuring the client was given the appropriate time to meet deadlines and retain their funding. California State Senate Legislative Aide 2012-2014 Alex worked as a member of the Eighth Senate District's legislative team representing San Francisco and San Mateo Counties. Alex's primary responsibilities included monitoring, reviewing, and making recommendations on legislation passing through the Senator's committee's as well as bills of interest to the District. Alex annually carried a bill package through the legislative process and assisted with problem bills that required more support. Alex consistently had one of the highest numbers of bills signed into law of any senate staffer. University of San Francisco, CA Bachelor of Arts, Politics 2011 �� C'No�osal�For Grant Writing Services I Santa Ana P20A Aorks Agency 9�20�2 Page 12 Eric O'Donnell, Deputy Director: Eric brings seven years of experience in local governance and grant writing to TPA. Eric has been responsible for major grant awards on behalf of public agency clients. Eric has a strong network with both staff and members of the state and federal legislatures as well as relationships with local Southern California municipalities. Eric has expertise in the policy sectors of wastewater, water resources, natural resources, local governance, parks and recreation, and transportation. Townsend Public Affairs, Inc. Deputy Director 2015-Present Since joining TPA, Eric has worked with numerous public agencies to secure grant funding for water and sanitation policy and infrastructure, natural resources, and parks and recreation. Some of his accomplishments include: • Eric worked with the Orange County Sanitation District to secure a $1 million grant award from the Department of Water Resources' Integrated Regional Water Management Grant Program to replace a critical sewer line. Eric worked closely with staff at the Orange County Sanitation District, the Department of Water Resources, and the Santa Ana Watershed Project Authority throughout the development and implementation of the grant program. Eric helped the East Orange County Water District secure a $500,000 grant from the Drought Response Program, administered by the U.S. Bureau of Reclamation. The funding allowed East Orange County Water District to construct a new drinking water well in order to provide safe, clean, and affordable drinking water to the District's retail customers. Due to the prevalence of PFAS/PFOA in existing groundwater resources, the District needed new sources of reliable and affordable drinking water. Eric was critical in facilitating a resolution to a Redevelopment Dissolution related issue for the City of Stanton that resulted in the City receiving over $2.1 million in loan repayment. Eric worked closely with the City, the City's legislative delegation, and executive staff from the Department of Finance to identify a solution. The favorable resolution resulted in the Department of Finance approving a previously denied line item on the City's Recognized Obligation Payments Schedule (ROPS), thus awarding the City a loan repayment. • Possesses Drinking Water Distribution Operator (D1) and Drinking Water Treatment Operator (T1) certifications from the State Water Resources Control Board. City of Brea Community Services Senior Leader 2009-2015 Chapman University, Orange, CA Masters of Public Administration 2020 California State University, Fullerton Bachelor of Arts, Business Administration, General Management 2014 �� C'No�os o'rl Grant Writing Services I Santa Ana Pubgic orks Agency 9�20�2 Page 13 Ben Goldeen, Federal Advocacy Manager: Ben brings 12 years of federal legislative, funding, and public policy experience. Ben has experience managing legislative activity, including bill analysis, research, and drafting particularly for federal funding opportunities. Ben has expertise in several policy sectors including water resources, healthcare, housing, environmental hazards, agriculture, foreign affairs, and resources for veterans. Townsend Public Affairs, Inc. Federal Advocacy Manager 2021-Present Since joining TPA, Ben keeps clients informed of significant actions and pertinent developments in the federal government and strategizes on ways in which to influence and enact changes in Washington, DC that have concrete results for clients. Some of Ben's accomplishments include: Ben worked with Oakland City staff to develop, prepare, and execute a strategic plan to support the City's FY21 RAISE grant application. This highly competitive federal grant opportunity administered by the U.S. Department of Transportation formed a key component of the City's TOWN For All initiative to reconnect the City's waterfront neighborhoods. The strategy entailed gathering support from key stakeholders in a way especially tailored to the current Administration's priorities, maximizing the application's chances of success. In addition to tailoring a message, TPA planned advocacy that leveraged the City's strengths during the grant review process. The culmination of this process was the award of more than $14.5 million in federal RASIE funds for the City's TOWN For All project. In the FY21 RAISE cycle Oakland was one of only four jurisdictions in the State of California to receive a RAISE grant. • Ben's nearly seven years working for members of California's Congressional Delegation has led to an extensive network of relationships both on Capitol Hill and within federal agencies. His understanding of the regional and political dynamics of the California Congressional delegation and their interactions with other members of the House and Senate are important to successfully advocating for California -based clients. Ben has first-hand knowledge of the current federal appropriations process, including community project funding requests. This process differs from the pre-2011 earmark process and an understanding of the need to balance transparency and politics to submit a competitive request is key. Ben has utilized his experience to successfully assist clients secure millions of dollars' worth of earmarks. Ben has identified new and previously -underutilized federal grants for the benefit of TPA clients. He has leveraged his relationships with key grant officials at various federal agencies to ascertain their specific priorities and buzz words required for successful grant applications. Ben then leverages that information to help TPA federal clients develop and submit more competitive federal grant applications and then provide more effective tailored advocacy to secure funding awards. Prior to joining TPA, Ben was a Legislative Director for Congressional Representative Jim Costa and a Legislative Assistant for Representative Dennis Cardoza. He holds a Bachelor in Arts in Political Science and Latin American Studies from Boston College and a Certificate in Community Development and Growth from the University of Pennsylvania. �� C'No�os Foil Grant Writing Services I Santa Ana Pubgic orks Agency 9�20�2 Page 14 Christine Rose, Senior Associate: Christine brings a variety of experience and knowledge to TPA, including five years of experience in public policy and four years of experience in higher education. Christine has grant writing experience in areas such as education, cultural resources, public health, and transportation. Townsend Public Affairs, Inc. Senior Associate 2022 — Present Since joining TPA, Christine has worked with clients to identify their funding needs and develop competitive proposals. She has identified new and strategic funding resources, bringing her clients' proposals from idea to reality. Her work includes: • Christine works to create accessible grant writing and development tools for clients such as grant tracking matrices and application breakdowns. These tools allow clients to access key strategic funding opportunities, develop comprehensive and competitive proposals, and ultimately secure grant funding. • Christine works closely with clients to understand and meet their funding goals. Her collaboration with clients allows her to craft persuasive narratives and strong grant proposals. She is always researching and identifying new funding opportunities that fit the goals and objectives of her clients. California State Assembly Legislative Director 2018 — 2022 Christine worked as the lead member of the Twenty-third Assembly District's legislative team representing portions of Fresno and Tulare Counties. Her primary responsibilities included crafting the Assembly member's legislative package and shepherding all bills through the legislative process, as well as identifying budget priorities and staffing those requests. Christine was responsible for monitoring all legislation passing through the Member's committees and the Assembly Floor, analyzing each bill and making an appropriate recommendation. She had numerous bills signed into law and multiple budget requests included in the state budget. California State Assembly Legislative Aide 2017 — 2018 Christine worked as a member of the Seventy-seventh Assembly District's legislative team representing San Diego County. Christine's primary responsibilities included carrying multiple bills through the legislative process as well as monitoring, reviewing, and making recommendations on legislation passing through the Assembly member's committees. She worked collaboratively with constituents and stakeholders to help craft the Assembly member's legislative package, carrying multiple bills to the Governor's desk. Cal Poly, San Luis Obispo Master of Arts, History 2013 California State University, Sacramento Bachelor of Arts, History and Government 2011 �� C'No�fffor Grant Writing Services I Santa Ana Pubgic orks Agency 9�20�2 Page 15 CURRENT CLIENTS The table below outlines a list of TPA clients that have engaged in grant writing and funding advocacy within the past five years. The table organizes clients by: name, type of service (either grant writing, or grant writing and legislative advocacy (both)), level of service (either state (S), federal (F), or state and federal (S/F)), contact name, contact address, and contact telephone number. Type of Level of Contact Contact AddressClient Service Service Name Contact Cities and Counties Grant Nathan 30001 Ladyface Ct Agoura City of Agoura Hills Writing S/F Hamburger Hills CA, 91310 (818) 597-7300 200 South Anaheim Boulevard City of Anaheim Both S Greg Garcia Anaheim, CA 92805 (714) 765-4311 Devin 410 Avalon Canyon Rd. P.O. City of Avalon Both S/F Thompson Box 707 Avalon, CA 9072 (310) 510-0220 550 East 6th Street City of Beaumont Both S/F Christina Taylor Beaumont, CA 92223 (951) 572-3212 Mario 1 Civic Center Circle City of Brea Both S/F Maldonado Brea, CA 92821 (714) 990-7757 6650 Beach Boulevard Buena City of Buena Park Both S/F Aaron France Park, CA 90621 (714) 562-3550 1950 Parkside Dr. Concord, City of Concord Both S Karan Reid CA 94519 (925) 671-2489 Grant 77 Fair Drive City of Costa Mesa Writing S/F Alma Reyes Costa Mesa, CA 92626 (714) 754-5090 1050 Camino del Mar Del City of Del Mar Both S/F Clem Brown Mar, CA 92014 (858) 375-9524 405 East El Monte Way City of Dinuba Both S/F Karina Solis Dinuba, CA 93618 (559) 591-5904 Grant 1600 Huntington Drive City of Duarte Writing S/F Daniel Jordan Duarte, CA 91010 (626) 357-7931 11333 Valley Boulevard City of El Monte Both S Alma Martinez El Monte, CA 91731 (626) 580-2001 Rochelle 1333 Park Avenue City of Emeryville Both S/F Conner Emeryville, CA 94608 (510) 596-4300 909 W. Visalia Rd City of Farmersville Both S/F Jennifer Gomez Farmersville, CA 93223 (559) 747-0458 303 W. Commonwealth City of Fullerton Both S/F Anissa Livas Avenue Fullerton, CA 92832 (714) 738-6300 1700 W 162nd St, Gardena, City of Gardena Both S/F Clint Osario CA 90247 (310) 217-9503 �� C'No�fffor Grant Writing Services I Santa Ana F` bgic orks Agency 9/2O/2�ge 16 Grant 918 Obispo Street City of Guadalupe Writing S/F Ariston Julian Guadalupe, CA 93434 (805) 343-2114 501 Main Street Half Moon City of Half Moon Bay Both S/F Jessica Blair Bay, CA 94019 (650) 726-8779 777 B Street City of Hayward Both S Kelly McAdoo Hayward, CA 94541 (510) 583-4000 9700 Seventh Avenue City of Hesperia Both S Melinda Sayre Hesperia, CA 92345 (760) 947-1000 2000 Main Street City of Huntington Beach Both S/F Travis Hopkins Huntington Beach, CA 92648 (714) 536-5575 George 36311 South Lassen Avenue City of Huron Both S/F Turegano Huron, CA 93234 (559) 945-2241 505 Forest Avenue City of Laguna Beach Both S/F Ken Domer Laguna Beach, CA 92651 (949) 497-0797 110 E. La Habra Blvd. La City of La Habra Both S/F Jim Sadro Habra, CA 90633 (562) 383-4200 Grant Gabriella 205 W 4th St, Madera, CA City of Madera Writing S Salazar 93637 (559) 661-5492 Grant Christina 29844 Haun Rd, Menifee, CA City of Menifee Writing S/F Hernandez 92586 (951) 723-3751 Grant 643 Quince St, Mendota, CA City of Mendota Writing S Nancy Banda 93640 (559) 655-4298 Stephanie 678 West 18th Street City of Merced Both S/F Dietz Merced, CA 95240 (209) 388-7000 200 Civic Center City of Mission Viejo Both S/F Dennis Wilberg Mission Viejo, CA 92691 (949) 470-8409 Grant David 1600 W Beverly Blvd, City of Montebello Writing S/F Sosnowski Montebello, CA 90640 (323) 887-1200 14177 Frederick Street Grant Moreno Valley, CA 92552- City of Moreno Valley Writing S/F Brian Mohan 0805 (951) 413-3024 1 Town Square Murrieta, CA City of Murrieta Both S/F Clara Vera 92652 (951) 304-2489 Shereda 250 Frank H Ogawa Plaza City of Oakland Both S/F Nosakhare Oakland, CA 94612 (510) 238-7648 Grant Terry Gorman 300 N Coast Hwy, Oceanside, City of Oceanside Writing S Brown CA 92054 (760) 435-3076 Grant 38300 Sierra Highway City of Palmdale Writing S/F Terrie Zayas Palmdale, CA 93550-4798 (661) 267-5450 Bertha 1100 East Parlier Avenue City of Parlier Both S/F Augustine Parlier, CA 93648 (559) 646-3545 Biancha 760 Mattie Road Pismo City of Pismo Beach Both S Buchanan Beach, CA 93449 (805) 773-7007 401 East Chapman Avenue City of Placentia Both S/F Damien Arrula Placentia, CA 92870 (714) 993-8117 �� C'No�os Foil Grant Writing Services I Santa Ana Pubgic orks Agency 9/20�2 Page 17 123 Main Street Pleasanton, City of Pleasanton Both S/F Becky Hopkins CA 94566 (925) 931-5000 Grant 1733 9th Street City of Reedley Writing S/F Nicole Zieba Reedley, CA 93654 (559) 637-4200 13831 San Pablo Avenue City of San Pablo Both S/F Matt Rodriguez San Pablo, CA 94806 (510) 215-3000 20 Civic Center Plaza, Santa City of Santa Ana Both S Rosa Flores Ana, CA 92702 (714) 647-5690 Grant 1710 Tucker Street City of Selma Writing S/F Jason Siegen Selma, CA 93662 (559) 891-2200 400 Grand Avenue Grant South San Francisco, CA City of South San Francisco Writing S/F Heather Enders 94080 (650) 877-8500 Jarad 7800 Katella Ave, Stanton, CA City of Stanton Both S/F Hildenbrand 90680 (714) 379-9222 41000 Main Street, City of Temecula Both S/F Randi Johl Temecula, CA 92590 (951) 694-6444 411 East Kern Avenue City of Tulare Both S/F Roxanne Yoder Tulare, CA 93274 559-684-4200 156 South Broadway, Suite 270 City of Turlock Both S/F Jennifer Land Turlock, CA 95380 (209) 668-5590 300 Centennial Way, Tustin, City of Tustin Both S/F Ken Piguee CA 92780 (714) 573-3000 Grant Natalie 555 Santa Clara St #3, Vallejo, City of Vallejo Writing S/F Peterson CA 94590 707-648-8616 Kesava 1666 North Main Street City of Walnut Creek Both S Washington Walnut Creek, CA 94596 (925) 256-3580 Grant 1115 Truxtun Avenue, 5th County of Kern Writing S/F Jim Zervis Floor Bakersfield, CA 93301 (661) 868-3140 Grant 1010 10th Street, Modesto (209) 525- County of Stanislaus Writing S/F Jody Hayes 4494 5100 Bullion Street County of Mariposa Both S/F Dallin Kimble Mariposa, CA 95338 (209) 966-3222 1520 Hillside Boulevard, Town of Colma Both S/F Brian Dossey Colma, CA 650-997-8300 Special Districts Bear River Recreation and Grant 22431 Kingston Ln, Grass Park District Writing S/F Cindy Latimer Valley, CA 95949 530-268-7275 Justin Skarb 1720 North First Street, San California Water Service Both S Jose CA 95112 310- 961-1914 Cosumnes Community Pam Dawson 8820 Elk Grove Blvd, Elk Services District Both S/F Grove, CA 95624 916-405-7150 45-305 Oasis Street Grant Indio, CA 92201 Desert Recreation District Writing S/F Tony Strange (760) 347-3484 �� Cko�osal�for Grant Writing Services I Santa Ana Pubgic o9/20/2rks Agency Page 18 East Contra Costa Fire 150 City Park Way #1335, Protection District Both S Brian Helmick Brentwood, CA 94513 925-634-3400 East Orange County Water Sylvia Prado 185 N McPherson Rd, District Both S/F Orange, CA 92869 714-538-5815 Golden State Natural Greg Norton 1215 K Street, Suite 1650, Resources Both S/F Sacramento CA 95811 855-740-8422 Hesperia Park and Grant Marshawn 16292 Lime St, Hesperia, CA Recreation District Writing S/F Etchepare 92345 760-244-5488 Sacramento Regional Transit Grant 1400 29th St. Sacramento CA District Writing S/F Erik Rietz 95420 916-321-2800 Cosumnes Community Pam Dawson 8820 Elk Grove Blvd, Elk Services District Both S/F Grove, CA 95624 916-405-7150 Public Education Coast Community College 1370 Adams Avenue District Both S/F Letitia Clark Costa Mesa, CA 92626 (714) 438-4605 Guadalupe Union School Grant 4465 9th Street District Writing S/F Ed Cora Guadalupe, CA 93434 (805) 343-2114 Merced Union High School 3430 A Street District jBoth I S/F I Alan Peterson Atwater, CA 95301 (209) 325-2000 Long Beach Community 4901 E. Carson St., Long College District Both S/F Nevon Watson Beach 90808. 562-938-4749 Non -Profit Organizations Chabot Space and Science Grant Shawn 10000 Skyline Blvd, Oakland, Center Writing S/F Connolly CA 94619 510-336-7347 Discovery Science Joe Adams 2500 N Main Street, Santa Foundation Both S/F Ana, CA 92705 714-913-5022 Hebrew Academy of Orange Grant Amina 14401 Willow Ln, Huntington County Writing F Newman Beach, CA 92647 (714)898-0051 Land Conservancy of San Joey Chavez 1137 Pacific St suite a, San Luis Obispo County Both S Luis Obispo, CA 93401 805-544-9096 �� C'No�os Foil Grant Writing Services I Santa Ana P20A Arks Agency 9/20�2 Page 19 TPA's general process for completing a grant application will remain the same regardless of the size and nature of the application. TPA will begin with a meeting with key Agency staff to review the grant application requirements, project overview and background. TPA will then establish clear accountabilities for Agency staff and TPA grant writers, including coordinating and conducting stakeholder meetings, drafting grant narratives, soliciting feedback from staff, incorporating feedback into a final application, drafting and securing letters of support and submitting a final grant application. After submittal is completed, TPA will advocate on behalf of the Agency, including contacting elected officials and drafting talking points for further advocacy. If successful, TPA will administer any post - award compliance requirements. If unsuccessful, TPA will coordinate debrief meetings with funding agencies to learn why the application was not funded and how to strengthen future application submissions. Below is a chart overviewing the timeline for which TPA will use to implement its strategic grant identification and writing services on behalf of the District, including details on the involvement of Agency staff: Services Timeline Agency Staff Involvement Conduct Detailed Orientation September 2022 Staff participation in orientation Craft Strategic Funding Plan September -October 2022 Staff review of TPA proposed funding plan Implement Funding Strategy October 2022 — Contract No Involvement End Track Funding Opportunities October 2022 — Contract No Involvement End Establishment of Clear October 2022 — Contract Coordination between TPA and Accountabilities End Staff Grant Application October 2022 — Contract Staff to provide technical budget Development and Submittal End and project timeline information to TPA Post -Grant Submittal October 2022 — Contract No Involvement Advocacy End Post -Grant Administration and October 2022 — Contract Coordination between TPA and Compliance End Staff Optional participation by staff on Comprehensive Follow -Up on October 2022 — Contract any follow up conversations or All Unsuccessful Applications End meetings on unsuccessful applications Update Strategic Funding November -January 2024 Staff review of plan updates Plan State Budget Earmark November -January 2024 Staff participation in selection of Projects projects Federal Community Project November -January 2024 Staff participation in selection of Funding (Earmarks) projects 9�20�2 C'No�fffor Grant Writing Services I Santa Ana P20A Arks Agency Page 20 1. CALIFORNIA WATER SERVICE (CALWATER) Contact Name: Justin Skarb Title: Director of Community Affairs and Government Relations Address: 2632 W 237th St, Torrance, CA 90505 Phone Number: (310) 961-1914 Email: jskarb@calwater.com Scope: TPA provides advocacy and funding services to the Service District. 2. YORBA LINDA WATER DISTRICT Contact Name: Doug Davert Title: Assistant General Manager Address: 1717 Miraloma Ave Placentia, CA 92870 Phone Number: (714) 701-3029 Email: ddavert@ylwd.com Scope: TPA provides legislative and funding advocacy services to the District. 3. BEAUMONT CHERRY VALLEY WATER DISTRICT Contact Name: Daniel Jaggers Title: General Manager Address: 560 Magnolia Avenue, Beaumont, California 92223 Phone Number: (951) 845-9581 Email: dan.jaggers@bcvwd.org Scope: TPA provides grant writing services to the District. 4. CITY OF PALMDALE Contact Name: Terrie Zayas Title: Management Analyst Address: 38300 Sierra Highway, Palmdale, CA 93550 Phone Number: (661) 267-5450 Email: tzayas@cityofpalmdale.org Scope: TPA provides grant writing services to the City. 5. CITY OF BUENA PARK Contact Name: Aaron France Title: City Manager Address: 6650 Beach Boulevard, Second Floor Buena Park, CA 90621 Phone Number: (714) 562-3550 Email: afrance@buenapark.com Scope: TPA provides legislative and grant writing services to the City. �� C'No�fffor Grant Writing Services I Santa Ana P20A aArks Agency 9�20�2 Page 21 TPA advocates will utilize a strategic and comprehensive approach to initiate, develop, and carry out effective strategies to influence funding activities and opportunities to lobby on behalf of clients' priority projects. This approach includes, but is not limited to: • Conducting a detailed orientation • Crafting a Strategic Funding Plan • Identifying, Researching, and Monitoring Grant Funding Opportunities • Developing and Submitting Grant Applications by utilizing the following process: o Establishment of Clear Accountabilities: o Providing Overview of Full Application Requirements o Assembling Project Background and Details o Drafting Written Proposal o Incorporating Feedback to Finalize Proposal o Submitting Completed Application • Performing Funding Advocacy across various channels o State legislative and budget processes o State bond measures o Federal infrastructure funding and community project requests • Providing monthly progress reports • Being available for client conference calls, in -person briefings, and meetings To effectively lobby on behalf of the Agency's funding priorities, TPA will leverage the following relationships: STATE GOVERNMENT • Agency Legislative Delegation: o Senator Tom Umberg o Assembly Member Tom Daly • Governor's Administration and Agency Leadership: o Governor Gavin Newsom o Lieutenant Governor Eleni Kounalakis o State Treasurer Fiona Ma o State Controller Betty Yee o Attorney General Rob Bonta o Superintendent of Public Instruction Tony Thurmond o Secretary Wade Crowfoot, Natural Resources Agency o Secretary Toks Omishakin, California State Transportation Agency o Secretary Jared Blumenfeld, California Environmental Protection Agency o Secretary Lourdes Castro Ramirez, Business, Consumer Services, and Housing Agency o Director Karla Nemeth, California Department of Water Resources o Director Eileen Sobeck, State Water Resources Control Board ■ Sean Maguire, Board Member o Director Armando Quintero, Department of Parks and Recreation o Director Karla Nemeth, Department of Water Resources o Director Gustavo Velasquez, Department of Housing and Community Development o Air Quality Management District o Mobile Source Air Pollution Reduction Review Committee �� Clo�osal�or Grant Writing Services Santa Ana P?btic Works Agency 9/20/2�age 22 o California Coastal Conservancy o Joel Gerwin, South Coast Program Deputy Manager o Santa Ana River Conservancy o Greg Gauthier, Program Specialist, ■ State Legislative Leadership: o Senate President Pro Tempore Toni Atkins o Senate Republican Leader Scott Wilk o Assembly Speaker Anthony Rendon o Assembly Republican Leader James Gallagher FEDERAL GOVERNMENT • Agency Legislative Delegation: o Senator Dianne Feinstein o Senator Alex Padilla o Representatives Luis Correa and Michelle Steel • President's Administration and Federal Agencies: o White House Office of Intergovernmental Affairs o Department of Agriculture o Department of Commerce o Department of Education o Department of Homeland Security o Department of Housing and Urban Development o Department of the Interior — Bureau of Reclamation o Department of Justice o Department of Labor o Department of Transportation o Army Corps of Engineers o Bureau of Reclamation o Economic Development Administration o Environmental Protection Agency o Fish and Wildlife Service o National Marine Fisheries Service o National Park Service o US Department of Commerce -Economic Development Administration (Public Works and EAA programs) o US Department of Housing and Urban Development (CDBG) • Key Legislative Committees: o House Appropriations Committee o Energy and Commerce Committee o Transportation and Infrastructure Committee o House Ways and Means Committee A DETAILED LIST OF OUR STATE, FEDERAL, AND LOCAL RELATIONSHIPS CAN BE PROVIDED UPON REQUEST �� C'No�os Foil Grant Writing Services I Santa Ana Pubgic Works Agency 9�20�2 Page 23 UPCOMING GRANT FUNDING OPPORTUNITIES CHART In addition, TPA has preliminary identified the following funding programs that meet the scope of work. Those programs include, but are not limited to: Administrator & Application Info Eligible Projects Grant Name Deadline Department of Max Award The grant program assists communities with severely July 28, 2022 Housing and Urban $500,000 distressed public housing or HUD -assisted housing in Development developing a successful neighborhood transformation plan. Neighborhood transformation plans are a 5+% Match blueprint for the redevelopment of distressed public Choice Required housing/HUD-assisted housing into mixed -income Neighborhood communities, supportive services for families that live Planning Grant there, and physical improvements to the surrounding neighborhood. US Bureau of Max Award The program provides funding to conserve and use July 28, 2022 Reclamation $1,500,000 water more efficiently, increase the use of renewable energy and improve energy efficiency, benefit endangered and threatened species, facilitate water WaterSMART 50% Match markets, or carry out other activities to address climate - Water Energy and Required related impacts on water or prevent any water -related Efficiency Grant crisis or conflict. Program California Natural $25k Min. Award The Youth Community Access Grant Program July 29, 2022 Resources Agency supports youth access to natural or cultural resources with a focus on low-income and disadvantaged $300k Max Award communities including, but not limited to, community Youth Community education and recreational amenities to support youth Access Grant substance use prevention and early intervention. Program No Match Required CJ C"Proposa� or Grant Writing Services Santa Ana Pubgic Works Agency 9/20/2age 24 Administrator & Application Info Eligible Projects Grant Name Deadline CalRecycle Max Award: The program provides opportunities to divert waste August 17, 2022 $375,000 tires from landfills, prevent illegal tire dumping, and promote markets for recycled -content tire products. Tire -Derived The Program provides assistance to civil engineers in Aggregate (TDA) 25% required solving a variety of engineering challenges using Tire - Grant Program match Derived Aggregate (TDA), which is produced from shredded tires, is lightweight, free -draining, and a less expensive alternative to conventional aggregates. US Environmental Max Award The program provides funding for projects that are Letter of Interest Protection Agency $20,000,000 for eligible for the State Revolving Fund, including Due September large communities decentralized wastewater treatment systems, water 6, 2022 (pop. >20,000) reuse projects, stormwater projects, construction of Water publicly owned treatment works, and watershed pilot Infrastructure projects. Finance and Innovation Act (WIFIA) Loan Program Department of $5 million Min. The program's funds can support planning, capital October 13, Transportation Award construction, and technical assistance to equitably and 2022 safely restore community connectivity through the removal, retrofit, mitigation, or replacement of eligible Reconnecting $10 million Max transportation infrastructure facilities that create Communities Pilot award barriers to mobility, access, or economic development Program 20% match required (Planning) 50% match required (capital) tJ C"Proposa� or Grant Writing Services Santa Ana Public Works Agency 9/20/2 Page 25 Administrator & Application Info Eligible Projects Application Grant Name Deadline Department of Total funding This new grant program will provide funding to provide NOFO expected Energy available: $1 billion federal financial assistance to demonstrate innovative Fall 2022 approaches to transmission, storage, and distribution infrastructure to harden and enhance resilience and Upgrading Our reliability; and to demonstrate new approaches to Electric Grid and enhance regional grid resilience. Ensuring Reliability and Resiliency California No Max Award The program provides funding for a wide variety of Ongoing Infrastructure Bank infrastructure and economic development projects, (IBank) including solid waste collection and disposal and water No Match Required treatment and distribution. State Revolving Loan Fund Looking Ahead: Upcoming Grant Opportunities Administrator & Application Info Eligible Projects Grant Name A ML Deadline 6-� California Natural No Maximum or The Urban Greening Program will fund projects that Expected Resources Agency Minimum grant reduce greenhouse gases by sequestering carbon, Spring/Summer Amounts decreasing energy consumption and reducing vehicle 2023 miles traveled, while also transforming the built environment into places that are more sustainable, Available funding enjoyable, and effective in creating healthy and vibrant Urban Greening approx. $50 million communities. Grant Program (UGG) Ci�oposa�For Grant Writing Services I Santa Ana PuPic Works Agency 9/20/2 Page 26 Administrator & Application Info Eligible Projects Grant Name Deadline South Coast Air To Be Determined The purpose of the CMP is to obtain emission Expected Quality reductions of Nitrogen Oxides (NOx), Particulate Spring/Summer Management Matter (PM10) and Reactive Organic Gases (ROG) 2023 District (AQMD) from heavy-duty vehicles and other equipment operating in California as early and as cost-effectively as possible. The CMP provides financial incentives to Carl Moyer assist in the purchase of cleaner -than -required engine Program and equipment technologies to achieve emission reductions that are real, surplus, quantifiable and enforceable. US Bureau of To Be Determined The program provides funding to identify and Expected Reclamation investigate opportunities to reclaim and reuse Spring/Summer wastewater and naturally impaired ground and surface 2023 water. WaterSMART Title XVI Water Reclamation and Projects are first authorized by Congress and then Reuse Program receive funding for planning, design and/or construction activities on a project -specific basis. Economic To Be Determined The Build to Scale Program builds regional economies Expected Development through scalable startups through the Venture Spring/Summer Agency Challenge and Capital Challenge. The program's 2023 (pending national competitions will deploy funding to further funding technology -based economic development initiatives availability) Build to Scale that accelerate high -quality job growth, create more Program economic opportunities, and support the next generation of industry leading companies. CJ C"Proposa� or Grant Writing Services Santa Ana Pubgic Works Agency 9/20/2age 27 ApplicationAdministrator & Grant Name Deadline California Office of To Be Determined Under PDM: A generator that is a stand-alone project Expected Emergency can be considered for PDM funding if the generator Winter 2023 Services/FEMA protects a critical facility Pre -Disaster A generator that is a component of a larger project Mitigation (PDM) (e.g., elevation of a lift station) can also be funded Grant under regular HMGP funding Program/Hazard Mitigation Grant Program (HMGP) �� C'No�fffor Grant Writing Services I Santa Ana Pubgic Works Agency 9/20/2 Page 28 In accordance with the RFP, the proposed fee schedule has been submitted separately, utilizing the Proposed Fee Schedule included as Attachment 4 in the RFP. �� Cko�fffor Grant Writing Services I Santa Ana P?b'1ic Works Agency 9�20�2 P-age 29 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 Tdie 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, cr cost element of the bid price, cr 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 cr 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. Nate: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature pqcs, of shall also constitute signature of this Non -collusion Affidavit. BIDDERS an6d that making�afaN�errtifica ion may subject the certifier to criminal prosecutio -- _-__ Signed State of C is ' County of Subscribed and sworn to (pr affirmed) before me on this __L7 day of 2424 b "fld& �St , na,— -1P-11!froved to me on the basis of satisfactory ev dence to be h person(s) who appeared before m6. AMANDA ROSE CONKI.W COMM. r 2272e811 RCiARY �lfBL�C•CALIFORNIA ORFNGEC04JM7► r Comm E�pns vECEbFBER N, !07! Notary Public Signature Notary Public Seal City of Santa Ana RFP 22-064 Page 23 �� C'No�os Foil Grant Writing Services I Santa Ana Public W6rks Agency 9�20�2 Page 30 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2_ If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a 'Disclosure of Lobbying Activities'. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U_ S. Code. Arry person who fails to file the required certification shall be subject to a civil penalty of not less than 510,g00 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly_ Firm- Townsend Public Affairs, Inc. Signed fPrinted blame: Christopher Townsend Title: President and Founder Date: July 25, 2022 City of Santa Ana RFP 22-064 Page 24 �� C'No�fffor Grant Writing Services I Santa Ana P20A Arks Agency 9�20�2 Page 31 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 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 subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such Iitigatian to protect the interests of the United States. Pursuant to California Labor Cade 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 far a vialatian of the Chapter_ Firm: Sign/Printed Name Title: Date: Townsend Public Affairs, Inc. Christopher Townsend President and Founder July 25, 2022 Clyof Santa Ana RFP 22-484 Page 26 �� C'No�fffor Grant Writing Services I Santa Ana Pubgic Works Agency 9�20�2 Page 32 EXHIBIT C City Council 20 — 52 9/20/2022 OPTION I: ALL-INCLUSIVE MONTHLY RETAINER DESCRIPTION OF SERVICES Grant Writing Services $7,500 Per Month* • Conduct Detailed Orientation Included • Craft Strategic Funding Plan Included • Identify, Research, and Monitor Grant Funding Opportunities Included • Grant Application Development and Submittal Included • Establishment of Clear Accountabilities Included • Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included • Coordinate Technical Project Details Included • Draft Written Proposal Included • Incorporate Feedback to Finalize Proposal Included • Submit Completed Application Included • Funding Advocacy Included • State Budget Funding Opportunities Included • Federal Earmark Opportunities Included • Post -Grant Submittal Advocacy Included • Post -Award Grant Administration and Compliance Included • Comprehensive Follow -Up on Unsuccessful Applications Included *The monthly fee includes all reasonable business and travel expenses TPA does NOT institute a limit on the number of funding opportunities that we will pursue on behalf of a client. For this reason, TPA recommends our monthly fee option as a more cost-effective option for the Agency than on a per -grant or hourly basis. OPTION II: ALL-INCLUSIVE HOURLY RATES NAME & TITLE FEE L___7 Christopher Townsend, President $300* Role: Senior Strategic Advisor: Cori Takkinen, Vice President $275* Role: Project Manager Alex Gibbs, Grants Manager $250* Role: Funding Advocate/Grant Writer Ben Goldeen, Federal Advocacy Manager $250* Role: Federal Funding Advocate Eric O'Donnell, Deputy Director $250* Role: State Funding Advocate Christine Rose, Senior Associate $225* Role: Grant Writer *The hourly fee includes all reasonable business and travel expenses City Council 20 — 54 9/20/2022 APPENDIX ATTACHMENT 4: PROPOSER FEE SCHEDULE The proposer shall complete this form and include it along with the billing rates breakdown_ Proposer's fee proposal shall be submitted con cumently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and a Project Fee Schedule. COMPANY NAME (date) TITLE Monthly Report on Grant Funding Availability Job Classifications ■ Project Manager/ oordinator • Grant Writer Administrative Assistant Additional Job Classifications Strategic Senior Advisor • Grants Manager • Federal Advocacy Manager • Deputy Director $ 7,500 /month $ 275 /Hour $ 225 /Hour $ rda /Hour $ 300 /Hour $ 250 /Hour $ 250 /Hour $ 250 /Hour $ /Hour $ /Hour $ /Hour $ /Hour City of Santa Ana RFP 22-064 Page 27 City Council 20 — 55 9/20/2022 AGREEMENT WITH ENGINEERING SOLUTIONS SERVICES TO PROVIDE ON CALL GRANT WRITING SERVICES THIS AGREEMENT is made and entered into this 20th day of September 2022 by and between Engineering Solutions Services, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 29, 2022, the City issued Request for Proposal No. 22-064, by which it sought a consultant having special skill and knowledge in the field of Water, Sewer and Public Works grant writing services. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-064. 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 contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in RFP No. 22-064, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide grant writing services on an on -call basis under RFP 22- 064. The total compensation for these services provided by all such contracts selected under RFP 22-064 shall not exceed the shared aggregate amount of Two Million, Three Hundred Seventy -Five Thousand Dollars and Zero Cents ($2,375,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals City Council 1 20 — 56 9/20/2022 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 19, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 CONSULTANT 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. 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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. City Council 2 20 — 57 9/20/2022 7. 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. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general 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. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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 if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). City Council 3 20 — 58 9/20/2022 2. Primary Coverage: For any claims related to this contract, the Consultant'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 Consultant'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: Consultant hereby grants to City 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 waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require 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. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): 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 work. City Council 4 20 — 59 9/20/2022 8. 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 requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the 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. 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of 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 subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, City Council 5 20 — 60 9/20/2022 and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. 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. 11. 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. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, 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 Council 6 20 — 61 9/20/2022 City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Engineering Solutions Services, Inc. Attn: Sudi Shoja, PE 23232 Peralta Drive, Suite 112 Laguna Hills, CA 92653 (949) 797-6055 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. 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 City Council 7 20 — 62 9/20/2022 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. 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. 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 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. 18. 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. 19. 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. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, City Council 8 20 — 63 9/20/2022 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. 21. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT Y1• r� Name: Sudi Shoja, PE Title: Principal City Council 9 20 — 64 9/20/2022 EXHIBIT A City Council 20 — 65 9/20/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER, SEWER AND PUBLIC WORKS PROGRAMS GRANT WRITING SERVICES RFP NO.: 22-064 Introduction and Background: The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 335,000 people. The City of Santa Ana Public Works Agency is soliciting proposals from professional firms for grant writing services. The primary emphasis will be seeking grant related funds for Water and Sewer programs all other programs will be secondary. In the past the City has utilized professional grant writing consulting firms on as needed basis to meet the goals and objectives of the City. The goals of this proposal for consulting services are to identify areas of funding needs, grant research and funding, development, and grant program administration and delivery to the City's Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide grant writing services. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. Description of Work: The Consultant/s will seek funding opportunities primarily for water and sewer programs, secondarily for all other programs with an emphasis on securing funds for capital projects. The selected consultants are expected to search for relevant grant opportunities and inform the City of their applicability. When relevant grant opportunities are identified and approval to proceed is granted by City, the consulting firm shall prepare the necessary grant application documents and submit grant applications on behalf of the City for approval or fully support the City in applying. All the work shall be coordinated with Public Works Agency personnel. The successful firm(s) shall have experience in grant writing, grant program development and administration for Federal, State, and Local entities including and not limited to: • US Department of Commerce -Economic Development Administration (Public Works and EAA programs) • US Department of Housing and Urban Development (CDBG) • US Department of Interior -Bureau of Reclamation • California Department of Water Resources City Council 20 — 66 9/20/2022 City of Santa Ana RFP 22-064 Page 11 • California Water Quality Control Board • California Water Resources Control Board • Air Quality Management District (AQMD) • Mobile Source Air Pollution Reduction Review Committee (MSRC) • State of California Department of Parks and Recreation; various programs and Bond Acts (Office of Grants and Local Services OGALS) • State of California Natural Resources Agency • State of California Coastal Conservancy The funding sought is intended to support contemplated programs for, among other things: • Recycled water • Infrastructure replacement • Automated Metering Infrastructure • Green infrastructure/solar panels • Conservation/outreach enhancements • Sewer septic tank removals/conversions • Alternative (RNG/CNG/Propane) fuel vehicles/infrastructure • EV charger infrastructure • Park Land Acquisitions • Park Development (Capital Improvements) • Park Deferred Maintenance Projects The following are typical service and or items that the successful Consultant(s) will be required to provide for the City of Santa Ana. Funding Needs Analysis — Conduct current funding priority needs analysis and identify new priority areas for funding in conjunction with Staff. Outside Funding/On-Call Research — Conduct research and identify third -party funding sources that support the Public Works Agency, funding needs and priorities. This scope includes researching grant opportunities independently as well as any identified by the City. Funding Proposal Development — Provide proposal writing associated with funding applications on behalf of the City of Santa Ana, including the preparation of funding abstracts, production and submittal of applications to funding sources. The City understands that many applications require technical details,. City staff will provide technical data as necessary but it is expected that the consultant(s) will perform the majority of work required to generate funding applications. Once applications are finalized, consultant will provide a copy of each application package for funding to the City prior to submittal and review the package with City staff. Program Administration and Delivery — The Consultant(s) will be required to provide grant administration and coordination services as part of this proposal including, but not limited to, coordinating with City staff to provide expenditure reports and submit reimbursement requests, preparing Resolutions and Staff Reports for City Council consideration, coordinating with funding sources' staff, and submitting periodic status update reports to City. City Council 20 — 67 9/20/2022 City of Santa Ana RFP 22-064 Page 12 On a monthly basis, the Consultant(s) shall provide the City summaries of potential funding opportunities. The summaries shall include, but not limited to the name of the funding agency, due dates for applications, eligibility, and program summary and funding level available. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. Availability of staff time to assist with the preparation of grant application documents is limited. Selected consultant is expected to perform a substantial amount of research and data gathering independently. City staff will provide system information and data as available in an effort to develop the best grant application package possible. City Council 20 — 68 9/20/2022 City of Santa Ana RFP 22-064 Page 13 EXHIBIT B City Council 20 — 69 9/20/2022 'I J l6 [OLDEN CJ I Y 1-0I.NOLU 1�f City of Santa Ana Proposal to Provide: Water, Sewer, and Public Works Grant Writing Services July 25, 2022 Submitted by Engineering Solutions Services, Inc. [3ngineering 23232 Peralta Drive, Suite 112 Aolutions Laguna Hills, CA 92653 Elervices (949) 797-6055 City Council 20 — 70 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Table of Contents 1. STATEMENT OF QUALIFICATIONS............................................................................................ 3 A. COVER LETTER........................................................................................................................ 3 B. AGREEMENT STATEMENT....................................................................................................4 C. UNDERSTANDING OF NEED.................................................................................................4 D. FIRM AND TEAM EXPERIENCE..........................................................................................15 E. RELEVANT PROJECT EXPERIENCE.................................................................................... 21 F. SCHEDULE...................................................................................................................................24 G. REFERENCES: ........................................................................................................................ 24 2. SCOPE OF SERVICES AND SCHEDULE..................................................................................25 3. FEE PROPOSAL............................................................................................................................. 26 CERTIFICATIONS................................................................................................................................... 27 APPENDIX................................................................................................................................................ 31 City Council 20 — 71 9/20/2022 (9) Proposal to Provide Water, Sewer, and Public Works Grant Writing Services 1. STATEMENT OF QUALIFICATIONS A. COVER LETTER City of Santa Ana July 25, 2022 Attn: Kathia Reyes, Projects Manager Public Works Agency 220 S. Daisy Ave; 1st Floor Reception, Administration Building Santa Ana, CA 92703 Re: Request for Proposals for Water, Sewer, and Public Works Grant Writing Services Dear Ms. Reyes Engineering Solutions Services (ESS) welcomes the opportunity to submit this proposal to provide grant writing services for the City of Santa Ana (the City). Our goal is to bring in the maximum available grant funding for the City. Having secured more than $500 million in the past ten years in a variety of projects, we bring an unmatched level of experience to identify and assist the City with developing a strategic plan and prepare winning applications to ensure an expedited and successful funding award. ESS What sets ESS apart is that we are not just a funding company but former municipal managers with technical and funding expertise that has earned deep-rooted relationships with funding agencies. As such, we are aware of upcoming funding opportunities and have been achieving the highest awards of projects by preparing credible reports and strategizing timely submittal of applications on behalf of our clients. We are aware of the City's focus on water and sewer, parks and public works projects and as it is demonstrated in our proposal, we have a proven track record in successful award of grants for the classifications of projects the City has listed. We will use our expertise to conduct a needs assessment and leverage our relationships with the funding agencies to identify grants, and work with City staff to secure those grants. We are also proficient in grant management and meeting compliance requirements of Federal and State funding. Effective, full -circle strategies like these are key to obtaining the most possible grant award funding for the City's projects. We have reviewed and understand all the proposal terms and conditions and acknowledge receipt of Addendum No. 1. As the Principal for ESS, I am fully authorized to legally bind ESS in agreements with the City of Santa Ana. I will serve as the program manager for this contract, and as the Principal of ESS (S-Corporation), I can be reached at (949) 637-1405 or via email at Sudi@engineeringsolutionsservices.net. My project team and I look forward to working with you and all the City staff to develop a work plan that identifies grants that meet the short and long- term needs of the City and answering any questions you may have about our proposal. Sincerely, Sudi Shoja, PE Principal City Council 20 — 72 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services B. AGREEMENT STATEMENT ESS is aware of all responsibilities and provisions outlined in the standard agreement and takes no exceptions. C. UNDERSTANDING OF NEED City of Santa Ana has been proactively seeking grant and alternative funding for ahead of the current environment with ample funding for infrastructure. City's commitment to help its residents by obtaining grant funding has provided a significant contribution to implementing key capital projects while lowering cost of service. With all the federal and state budget funding for climate change and infrastructure improvements, City is in a very good position to align its objectives with those of funding agencies and attract more funding for its water, sewer, parks and a variety of public works projects. ESS is a multi -disciplinary grant funding company and is one of the leading consultants in preparation of successful grants for the U.S. Bureau of Reclamation and other federal organizations such as EPA, Department of Parks and Recreation, FEMA/CalOES, and many other federal and state funding agencies. ESS team members have a diversified experience that ranges from planning and design of utility projects to emergency preparedness and parks and recreation projects. ESS has also been very successful in obtaining funding from new funding sources that will recommend to the City for consideration. ✓ ESS obtained $9 million for the City of Carlsbad Veterans Park and the neighborhood improvements in two years. ESS worked directly with local representative offices to identify potential projects for funding and prepare the application packages. We believe several City projects will be ideal candidates for this funding. ESS can work directly with the representative's office to learn more about the local preference and tailor an application for funding. We stay updated with new developments in the federal and local funding arena and will be able to offer grant sources matching City projects The ESS team believes in a full -circle approach to obtaining grant funding. This approach and the methodology behind it will encompass all aspects of the grant research, application development and management services identified in the RFP. 1. Develop Funding Strategy Conduct funding research to identify grant resources including but not limited to federal, state, and local agencies, as well as private foundations that fund municipalities for opportunities that match a specific the City project or program, the City's strategic goals, legislative platform, or policy objectives Research grant opportunities identified by the City Provide the City with a summary of potential funding opportunities relevant to its needs on an on -going basis 2. Grant Writina Assistance • Identify projects and analyze components that not only meet the funding requirements but are likely to rank high for award City Council 20 — 73 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services • Prepare support letters, resolutions and staff reports on an as -needed basis following the City's preferred style • Compose grant proposals on behalf of the City as directed, including all technical sections, preparation of budget and schedule, preparation of exhibits such as graphs and schematics, coordination with the City staff and compiling demographic data and other necessary items for grant applications • Develop timelines and checklists to ensure timely grant completion and submission • Submit grant applications for review and comments by the City's project management team • Prepare Disadvantaged Community (DAC) related documentation using required funding agency portals • Grant submission on behalf of the City 3. Grant Management Support • Review the draft award agreements to identify all the general and specific requirements • Assist with the preparation and submittal of post -award reports and reimbursements that are required under the terms of the grant • Track Disadvantage Business Enterprise (DBE) Requirements, perform American Iron and Steel (AIS) certification process, Buy America - Build America, monitor Davis Bacon Labor compliance requirements • Participation in regulatory audit sessions 4. Optional Additional Services • Provide design review and prepare specification sections to meet the terms of grant agreement and guidelines • Assist in preparation of required California Environmental Quality Act (CEQA) • Prepare technical documents to support the grant applications and/or prepare RFP for technical services needed Our goal is to bring in the highest possible amount of funding for the City. To achieve this goal, ESS brings its extensive experience and a highly qualified team to work closely with the City's Project Manager to mold the City's project components, to maximize eligibility and ranking under various funding programs. We have the unique ability to distill and convey complex project information into funding agencies' specific formats for grant applications. Our experience in coordinating, managing, and writing different types of applications has led to successful procurement of funding for many clients. Similarly, our experience with grant administration has enabled us to see another side of grant acquisition, wherein we can capitalize on this knowledge. 1. Develoo Fundina Strateav The complex and elaborate process of obtaining funding can delay the ability to act. Our comprehensive knowledge of the funding process helps us conceptualize and develop an appropriate action plan, thereby maximizing success. We will identify eligibility requirements, likely availability of funding, terms, conditions, and other key parameters. Our step-by-step process to a successful application is shown in the following flow chart: City Council 20 — 74 9/20/2022 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Review Existing and Future Projects to Ascertain Potential Grant & Funding Opportunities 1 Make Recommendations and/or Project Madiftations in order to Maximize Competitiveness and Funding Eligibility + Coordinate and Complete Grant Funding Application Conduct Due Diligence and Review Pre -Application Materials 1 Go Conduct Due Diligence and Rigorous QAfQC to Ensure Complete and Accurate Application Make GofNo-Go Decision No Go Z Evaluate Other Projects against Potential Grant/Funding Qpportu pities 1 Communicate Technical Project Information to Agencies, Regulators, NGOs, and Ethers 1 Submit Hard Copy or Electronic Copy to Funding Agency Identification Of Appropriate City Projects For Funding Once a Notice to proceed has been identified, Sudi Shoja will arrange a kick-off meeting with the City's Project Manager and appropriate ESS staff to review and discuss the City's project priorities, including the ones specifically mentioned in the RFP and CIP. Sudi will serve as a Project Manager and the point of contact for the City. She will assign task managers and grant writers as needed (if multiple pursuits are followed at the same time) to best meet the project deadlines. We believe that one of our most important tasks is to work with the City to position the projects for maximum ranking for various grant opportunities. ESS is well qualified to achieve this goal as our staff not only been responsible for similar activities in their former positions, but they also have developed strong relationships with the funding agencies that allow us to learn about funding goals for future cycles and present them to our clients. Working with the City Project Manager, we will review and discuss the current status of projects, available funding, established priorities, project planning and design status, management preferences and regulatory requirements. With our thorough knowledge of available and historical funding opportunities and our technical expertise in managing similar programs, we will be able to recommend a strategy and ranking of projects for funding pursuits. Based on our experience, we will also be able to offer cost -saving measures such as multi -year grants on a program level in lieu of individual projects that will reduce the regulatory burden of managing various funding agreements and the cost of preparation of applications and compliance monitoring. ESS believes the City will be best served by working together to create a strategy that enables us to write winning applications that will maximize funding for the City while minimizing the administrative burden on the City staff. ✓ ESS was able to qualify the Santa Clarita Valley Water Agency for $30 million for recycling water ✓ Review of City of Hemet's bond options and developing a funding strategy resulted in savings of more than $13.5million for the City. In addition, analysis of the City's CIP program and the unfunded list of projects resulted in identification of more than $28 million in funding. City Council 20 — 75 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services ✓ Working with the County of Orange, we recommended a strategy that resulted in submittal of an additional successful grant application for the same project, almost doubling the amount of funding County was expecting to receive. Deliverable(s): • Recommendation for Project Priority List with financial breakdown and timeline with pertinent information for funding pursuits. Identification of Grant Resources ESS team members keep up to date with the available Federal and State level funding alternatives for many types of grants, including water and sewer projects, as well as facility improvement and parks projects and energy savings for municipal facility updates. We attend various funding fairs, participate in providing input to guidelines for funding opportunities, and are subscribed to receive notices on available funding. ESS subscribes to various grant resources and will use this service to identify funding opportunities. Established Relationships with Funding Agencies We understand that successful grant funding consists of two-thirds planning and one- third writing. With that in mind, we pride ourselves in our close relationships with funding agencies. Those relationships, plus appropriate and meticulous planning, allow us to obtain key information about the successful awarding of grant funds. One of the tactics used to ensure this strategy's success is to identify opportunities for in -person meetings with the funding agency when we are initiating a pursuit. We know this approach provides results from experience. We have established relationships with the following funding agencies: • US Bureau of Reclamation • FEMA/CA Office of Emergency Services (CalOES) Pre -Disaster Mitigation and Hazard Mitigation Planning • Ocean Protection Council (Prop 68) • State Water Resources Control Board • US Department of Commerce — Economic Development Administration • California Department of Parks and Recreation • CA Public Utilities Commission • Metropolitan Water District of Southern C • US Energy Commission • California Department of Water Resources • EPA • AQMD • Various Conservancies and non-profit advocacy organizations We understand that the City has several key water and sewer projects and an aggressive Capital Improvement Program (CIP). ESS team members bring their extensive experience in developing and managing CIP programs to develop successful grant applications on behalf of our clients. Please see the table in the project experience section of this proposal as it provides a quick glance of our experience in preparation of grant applications for similar projects. City Council 20 — 76 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services ✓ ESS was aware of the additional grant funding available to the SWRCB and as such aligned the submittal of its applications such that they were well ahead of the competition and received the due attention. ✓ When applying for stormwater grants for Coachella Valley Water District, ESS arranged a conference call with EPA staff to discuss the two top -priority projects for the District and receive key input from grant funding project managers. We will then use our extensive experience to match the City's projects with the available funding options and develop a matrix of all potential funding alternatives specifically to match the City's projects that will serve as a tool for the project team and the City staff to use. As an example, our team members have been providing the available grants services for water and sewer projects to WaterReuse members on regular basis and will continue to provide this information for this contract as well. Information could look like the following table, based on projects: J�WATEREUSE Local, State, and Federal Funding Opportunities t05ANGRE5 Funds PROGRAM Total Offered Purpose Eligible Status Anticipate Notes Allocation this Projects d Timeline Round Multi- Planning benefit SW grant projects solicitatio that Implementatio n closed respond to n projects TBD 2018: in March SWRCB climate including but Round 2 ($20M) Stormwater change, & not limited to: Round 1 solicitations additional Implementatio $200M $80M are Green OPEN for round of n Grants/ included in infrastructure; implementati $100 M Proposition 1 an adopted SW capture; on grants for SW SW treatment implemen Resource tation Plan or grants IRWMP anticipate facilities d DWR Water $5M for Use Dish/clothes loans to Efficiency: CA washer local Revolving upgrades; agencies Fund/ Prop 1 Sustainable Water -saving for water funding plumbing Summer efficiency $10M $10M source for urban water fixtures; Hot- Solicitation 2017: Loan upgrades ; $5M for use water opening soon applications loans to efficiency recirculating due customer projects. pumps; Leak s for detection, onsite irrigation projects upgrades; or leak re airs DWR IRWM: $418M Projects Surface TBD: Round Public Implementati state-wide TBD and storage/GW In 1 solicitation comment on Grants/ $98M for LA recharge; development for period Prop 1 Region programs Water ended City Council 20 — 77 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services that support conveyance; implementati April 8, IRWM. Watershed on grants 2016 restoration/prot ection We will evaluate the projects, review eligibility and potential project ranking, and provide recommendations to the City Project Manager, so that all relevant information is easily available to choose which grants to pursue. ✓ Our analysis of the unfunded plans of a project for the City of Palm Springs allowed us to recommend alternative grant opportunities that resulted in submittal of two additional successful grant applications, with $5.1 million awarded. ✓ Review of City of Downey CIP program and unfunded list of projects resulted in identification of a grant programs for the City for up to $8 million in funding. Deliverable(s): • Funding Matrix identifying all available funding for the City's Projects • Updated Funding Matrix on monthly or as -needed basis 2. Grant Writing Assistance Once a funding source and a pursuit have been identified, ESS will arrange for a meeting and will come prepared with a Work Plan Structure (WPS), which is a matrix of the fund parameters. ESS prepares a WPS for all funding pursuits based on the detailed analysis of the Notice of Funding Opportunity (NOFO). The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources and areas of responsibilities between team members and internal deadlines. The WPS will also serve as a tool for both the City staff and ESS team members to track the project progress and alignment with the funding. When developing the WPS, ESS will also note the implementation constraints that may have an impact on selection of the project elements. For example, most funding sources require that a grant agreement be in place prior to the start of construction. ESS will work with the City Project Manager to identify solutions and/or assist with reprioritization of the grant applications to meet the requirements. Topics commonly found in the WPS include: • Eligibility criteria • Matching funds • Budget needs • Maps and pictures • Project programming requirements • the City's prior grant management record • Submittal requirements • Evaluation criteria • Resolutions and approval letters required from the Board of Directors • Technical reports: Benefit Cost Analysis, Environmental Reports, Life Cycle Analysis • Project readiness: CEQA status, Feasibility studies, Project design reports • Support documentations: certifications, forms, project reports A sample segment of a WPS appears below. It is organized for clarity and is an invaluable reference tool that is used throughout every project. Deliverable(s): • Work Plan Structure for the identified grant pursuit, such as the example below: City Council 20 — 78 9/20/2022 ff�Ar Proposal to Provide Water, Sewer, and Public Works Grant Writing Services ItemA2:143 Requirements BY I Schedule 1.0 Introduction 3.0 General Reporting Project sponsors must provide descriptive information on the proposed Small Starts project Project and the regional public transportation system. FTA uses the information in the Project 3.2 Description Description Template to understand the project and to establish a database of project Template characteristics and local contact information. All Small Starts project sponsors must submit ESS Week 1 Project 2-3 sentences on the essential characteristics of the proposed project (location, length, termini, 3.3.1 Identification number of stations, hours of service and frequency by time period) Week 1 Purpose of the Succinctly describe the specific ways that the proposed majortransit investment will address 3.3.5 Project the problems identified in the corridor. Week 1 Merits of the Describe how the project addresses the Purpose for the Project more effectively compared to 3.3.6 Project other alternatives week 1 -2 Electronic maps must be submitted for inclusion in Annual Report on Funding Recommendations and/or 3.4 Project Maps posting on FTA website. Maps should be 8.5x11 and be able to be copied in grey scale. Typical Week 1 orientation for N/S is portrait and E/W is landscape. Stations included in the project, marked in a distinguishable mannerfrom existing transit Map Details: 3.4.3 stations and labeled. Stations with park & ride facilities should be further distinguished from FSS Week 1 Stations others, either via markings or labels. Map Details: 3.4.9 A legend, scale and compass. E55 Week 1 Legend Must submit to FTA documentation summarizing how operating and maintenance costs were developed. Operations and Additionally, the following considerations apply: 3.6 Maintenance • System -wide and route level operating cost data (and factors) are typically available as part of ongoing Costs operations planning. 3.7 1 Capital Costs I I ESS Week 2 Need to put in Trip information; Horizon Year; the project's annualized federal share. 4.3 Cost Effectiveness See Page 16-17: FY18 Reporting Instructions for the Section 5309 Small Starts Criteria. ESS/City Week 2 Targeted Approach for Maximum Scoring on Evaluation Criteria The first step for our targeted approach is to develop a full understanding of the project elements, project milestones, and available project reports. We will also study the previously awarded projects from the funding agencies and learn about the key points that may be overlooked for their simplicity. In developing the WPS, we will identify the primary and secondary evaluation criteria to help highlight the project strengths. We will work closely with the City Project Manager to identify the potential gaps, analyze alternatives, and recommend resolutions to minimize their impact. With this approach, ESS has added value for our clients: ✓ Review of City of Commerce projects resulted in changing the scope of work and a successful award of more than $1 million. ✓ Detailed evaluation of the grants has enabled us to advise the agencies if the project is not competitive and resulting in cost savings by not preparing grant applications. WRITING -TO -WIN Approach What sets us apart is that our grant writers are licensed technical experts in this industry and therefore have the ability to convey complex project information into the specific format of a grant application. Using a targeted approach to analyze objectives and match goals to opportunities provides us with the details we need for our writing -to -win approach. Once a funding strategy is in place, the next challenge is to create a winning application. ESS brings its proven track record in creating an application package that will stand out among dozens, highlighting the project's merit in full compliance with the instructions and limitations. This approach uses a high degree of expertise and creativity. ESS understands that impactful illustrations transform well -researched information into powerful persuasion. ESS has used the City Council 20 — 79 9/20/2022 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services clarity of graphics and schematic drawings to show grant evaluators the client agency's expertise and vision: Vr . , _ _ „, _ . ✓ For a Department of Water Resources grant, ESS provided pictorial highlights of the project's energy - efficiency benefits matching the goals of the grant. For a cap -and -trade grant to reduce GHG emissions, ESS replaced the executive summary with graphics highlighting projects matching the grant focus, resulting an award of over $9 million. ✓ For another project, ESS used an AQMD pollution map as a base and plotted all of the appropriate, completed energy -efficiency projects. ✓ ESS application was ranked as one of the best and posted on FHWA website. FHWA asked Sudi for input and used the format created by ESS in a grant application as a requirement for future cycles. Quantitative Analysis and Technical Reports Depending on the grant requirements, ESS will work with the City Project Manager to receive the available technical studies, environmental documents and plans and specifications. We will then use our highly experienced team members to complete the technical write-up sections of the grants. As needed, and upon the City's direction, we will be prepared to perform additional technical research and analysis to supplement the effort. The ESS engineering team has been directly responsible for implementation of various CIP programs for transportation and street improvements, water and sewer projects and facility management and will bring their expertise to articulate the technical information of the grants. Our expert grant writers will review the project documents to highlight the project's strengths matching the grant goals to achieve maximum ranking of the application. ✓ Complex FEMA applications prepared by ESS have been approved by CalOES for funding. ✓ ESS prepared a successful and highly technical grant application for San Bernardino County Transportation Authority, providing detailed GHG reduction calculations, trip generation interpretations, and technologies for alternative fuel that resulted in a $30 million award. Budget Analysis and Construction Planning The ESS team will assist the City in identifying qualifying information to meet grant requirements for budgeting and construction planning. Budgets need to demonstrate project flexibility and scalability to make the grant applications more attractive and create opportunities to apply again even after a successful application's award. Some areas of focus will include: • Qualifying matching funds • Scheduling details • Budget scalability • Implementation requirements for allocation purposes tt City Council 20 — 80 9/20/2022 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Disadvantaged Communities Many funding opportunities allocate a certain percentage of the funding to projects benefiting DACs and therefore, it is imperative that the need and applicability is effectively demonstrated. For example, grants funded by the Department of Water Resources have historically allocated a percentage of the funding to benefit the DACs. Claiming benefits to DACs requires documentation and substantiation of meaningful benefits, as well as explanation of the methodology used for assuring accomplishment of those benefits. This identification must be based on geographic, socioeconomic, public health, and environmental hazard criteria (Health and Safety Code Section 37911). Demonstration oflow-earning jobs in cities of San Bernardino and Redlands for a successful a ward of more than $9.2 million ESS is acutely familiar with researching geographic equity and the degree to which the City's DACs would benefit from a project. ESS will work with the City staff to identify projects in these communities and highlight the benefits in order to win the grant funding. ✓ A successful application for San Bernardino County Transportation Authority demonstrated 41 DACs in the area. Support Letters Often, this aspect of a grant application is given only cursory attention and proves to be invaluable. At ESS, these potentially undervalued areas are key endorsements that ESS crafts in close cooperation with clients. ESS will recommend stakeholders to contact and will draft focus points that align with key ideas in the narrative and grant criteria so that support letters send strong, targeted messages. Grant Application Review and Approval Process For every project, ESS will assign a QA/QC manager, which is an important factor of a successful grant application. We will use our internal grant checklist to ensure the application package is ready for submittal. This process will follow the WPS and an internal guide for editorial quality. To ensure grant applications are completed efficiently, ESS will arrange a meeting with the City Project Manager to answer questions, finalize budget, and schedule concerns and to further align the project with the grant goals and objectives. All final grant application packages will be submitted to the City for review and approval prior to submittal to the granting agency. Deliverable(s): • Final grant application package for submittal • Status report on grant applications submitted Technology Many funding agencies have online grant submittal and management tools, including the DWR Bond Management System (BMS), California DWR's Grants Review and Tracking System (GranTS), the State Water Resources Control Board's Financial Assistance Application Submittal Tool (FAAST), and the federal government's www.grants.gov website and the online submittal platforms for IRWM, BOR and some parks grants. City Council 20 — 81 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services BOR BMS FAAST IRWM GranTS Grants.gov ✓ ✓ ✓ ✓ ✓ ✓ Furthermore, our team routinely performs grant management and administration services for funding by various agencies that utilizes some of the same portals. Deliverable(s): • Successful grant application packages for the City's records • Submittal confirmations for the City's records Cultivating partnerships with other organizations Both Sudi Shoja and Project Managers have extensive experience in managing multi - jurisdictional projects on behalf of various agencies. They have been able to create synergy between different clients to benefit all agencies and winning applications. ✓ We have been leading the efforts for Chino Basin Water Conservation Authority to partner with Inland Empire Utilities Agency on two application projects, recently funded by MWD. ✓ ESS arranged for support letters from other utility agencies to support the Coachella Valley Water District grant application and coordinated the effort to obtain results of a demonstration project benefiting all agencies in hot and regions. 3. Grant Management Support ESS has provided grant management and compliance monitoring services for federal projects on behalf of several agencies since the start of our company. As you will read in the subsequent sections, ESS's approach to grant management and compliance monitoring is holistic and ensures that all management and compliance tasks are met efficiency and promptly. Our approach can be broken down into the below general tasks which are as follows; 1. Grant Management and Development of Work Plan Structure (WPS) for each phase 2. Compliance with all applicable federal, state and local regulations 3. Technical Narratives for basis of the projects including scope of work as it corresponds to the funding requirements, damages incurred, cost and schedule 4. Develop templates for project reporting needs to streamline the process 5. Reimbursement Requests for all eligible costs and all the FEMA required forms 6. Progress Reports as need to include narratives on scope of work, budget, and schedule 7. Grant closeout process 8. Record retention and audits Summary of our general services for grants management is presented below: City Council 20 — 82 9/20/2022 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Grant Management �L. Grant Managemen=W Grant Close -Out A • Funding File Setup • Applicable Regulations: CFR, State, Local • RFP/Specification Preparation • Procurement Process • Verify Eligible Costs • Grantlnvoicing • Grant Reporting • Monitor Grant Sunset • Audit Management (Davis Bacon, AIS, DBE) • Close-out Process • Audit Ready Documentation • Final Project Invoicing • Final Project Report • Participation in Final Project Audits • Receipt of Final FundingApproval ✓ ESS provided a thorough review of agreements with BOR for LBWD, identifying the sections that need to be added to construction documents. ✓ ESS has been providing compliance -monitoring and reimbursement services for City of Palm Springs' $29 million wastewater treatment projects. In the final audit by the SWRCB, ESS was complimented by the auditors and received full approval of its processes. ✓ ESS has been providing successful grant compliance on a $280 million San Bernardino County Transportation Authority project that consists of more than 11 different funding sources. Project Management Status Reports ESS will follow the City's directions for timing and formatting of status reports and will revise it based on the input received from staff. The status reports in general will identify the following: Status of grant applications under development Submitted grant application details such as amounts, submittal dates and expected notices of funding Action items and timelines for tasks needing completion • Upcoming grant funding opportunities relevant to each project Updates on any legislative items or funding opportunity guidelines affecting the City's funding strategy plan • Contract control information, responsible party and items needed from the City Deliverable(s): • Comprehensive status Report on a periodic basis as determined by the City City Council 20 — 83 9/20/2022 ",f Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Accountability Simply put, we take ownership of our work. The ESS team is built on the principles of performing high quality work where the Principals are directly involved and accountable for the projects we submit. Working together, with transparency and cooperation between ESS and our clients, this overall approach to grant -writing contract projects have helped ensure our clients' success. 4. Optional Additional Services Additional Services ESS staff are fully capable of bringing their extensive experience in design and construction of water utilities to provide additional services as needed. As former agency personnel, ESS team members are fully prepared to support the City Project Manager with all required analysis, reports, design review and specification sections, cost estimating, preparation of staff reports, and resolutions as needed. ESS is also available to review the project documents prior to advertisement to make sure that specifications meet all the grant requirements such as those needed for Federally funded projects or EPA labor compliance requirements. SWRCB announced project readiness as a criterion for higher ranking 30 days prior to grant deadline. ESS staff used their technical expertise to prepare specifications on behalf of four agencies that all received the highest ranking and the requested funding. In an expedited grant application for the City of Santa Ana, ESS was tasked with preparation of all the grant requirement documents including CEQA, cost estimates and direct coordination with SCE and City's consultants to finalize the technical reports for a successful award from BOR on a hydropower improvement project. D. FIRM AND TEAM EXPERIENCE Background Engineering Solutions Services (ESS) was founded by Sudi Shoja, PE, a former City Engineer who has more than 29 years of experience in managing CIP and Water and Sewer programs of over $100 million. She founded ESS in 2012 with the goal of assisting local entities in achieving their goals in funding and compliance, program management, quality assurance/quality control, and project delivery. She leverages her successful experience with transforming the agencies where she worked from losing funding to securing the maximum grant funding possible, meeting the various funding agency requirements, and serving as examples for successful audit processes. As a result, she has earned a reputation that gained us our impressive repeat client list in a short timeframe. Included below are a few examples: • ESS applications received over 30% of the awarded funds from Bureau of Reclamation for its clients in March 2022 . ESS applications received 20% of the awarded funds from Department of Water Resources for its clients in December 2021 • Received approval from WIFIA for over $50 million for two projects City Council 20 — 84 9/20/2022 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services • Unmatched experience in submital of successful application for a variety of projects to Bureau of Reclamation (BOR) • Successfully awarded $39.2 Million in greenhouse gas (GHG) reduction funding . Prepared successful cogeneration project application for $8 million in funding • The SRF application package for $103 million to SWRCB was approved in record time and with no comments • California Office of Emergency Services (CaIOES) has recommended multiple grant applications prepared for seismic retrofit, climate change and sea level rise, fire and flood control to U.S. Federal Emergency Management Agency (FEMA) for funding. • Restructured a grant application for energy efficiency that resulted in more than $5.1 million of grant funding & $32 million in SRF funding for the City of Palm Springs • Created a funding strategy for the City of Hemet that resulted in $6 million in savings and more than 15 million in funding • Identified more than $20 million in water quality grants for two agencies • Successfully awarded Proposition 84 grants in two cycles • Successful management of various federal, state and local grants for projects up to $280 Million through 11 different funding sources • ESS arranged for a funding fair attended by SWRCB, FEMA & County representatives ESS is comprised of agency personnel who are thoroughly familiar with the intricate details of various funding requirements and excel at strategic planning for clients to maximize the potential for securing grants, successful management for meeting the requirements, obtaining proper authorization and reimbursements and positive audit process of the projects. ESS is certified as a ity Council 20 — 85 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) with 12 employees at its office in Laguna Hills. Engineering Solution Services fully understands the inner workings of the regional and municipal government process. Comprised of former government engineering and traffic managers, we have been confronted with many of the same design, budget, schedule and project -delivery challenges that face our client governments. This understanding allows our people to think like public agencies and address the challenges they are facing with proactive, well -planned, cost-efficient, and innovative solutions tailored to your needs. We approach every project strategically and scale our resources to fit the agency and scope of work. ESS specializes in various funding resources, such as: CA Department of Water Resources Control Board for State Revolving Funds (SRF), Environmental Protection Agency (EPA), US Bureau of Reclamation (BOR), Title XVI, Integrated Regional Water Management (IRWM), Santa Ana Watershed Project Authority (SAWPA), Propositions 1, 13, 50, 68, and 84, Water Department of Water Resources (DWR), Infrastructure Finance & Innovation Act (WIFIA), FEMA related grants, Air Quality Management District (AQMD), Water Infrastructure Improvements for the Nation Act (WIIN), California Air Resources Board (CARB), Community Development Block Grant (CDBG), Commerce -Economic Development Administration, funding for brownfields and remedial services, Department of Parks and Recreation, Land and Water Conservation Funds, Natural Resources Agency, Outdoor Equity Grants, Recreational Trails Program, Urban Greening Project, Community Project Funds, Environmentally Enhanced Mitigations, Southern California Edison (SCE) and conservancies, Our services include: Fund Strategy Development, Grant Writing, & Fund Compliance We are committed to being accountable and sharing ownership of the product and service. We believe that successful projects are a result of a well -managed and motivated team. Our team members possess a proven ability to establish and implement best practices, maintain continuity and flexibility, and deliver timely responses. We offer accessibility to a network of experts to address unique needs. We believe in doing the job right the first time. Our commitment to providing excellent customer service has gained us repeated clients and contracts. We understand the challenges and requirements of municipal governments since many of our staff have held senior and executive management positions with California cities, including Public Works Directors, City Engineers, Capital Project Managers, and Construction Managers. This background and experience is important because document preparation will require a high level of interaction with the state project managers. ESS is the right team to provide the consulting services for identifying and securing grants, finalizing agreements and monitoring funding compliance. We work as your partner, incorporating grant funding conversations in the process of each project as early as possible in order to maximize the potential for planning grant funding as well as City Council 20 — 86 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services implementation grand funding. Proprietary tools, such as our Work Plan Structure (WPS), in conjunction with our team's extensive experience and relationships with funding agencies, make this process easy. ESS office consists of 12 people. John Robinson Consulting (JRC) Subconsultant: John has more than 25 years of experience in engineering consulting, construction management, project leadership/project management, operational/fiscal management and market sector strategy development focused most recently on obtaining local, State and Federal grants and/or loans for public agencies and special districts. He assisted in pre and post grant award administration managing the U.S. Bureau of Reclamation Title XVI funding, State Revolving Fund (SFR) Proposition 50, State Water Resources Control Board (SWRCB)Proposition 13, Department of Water Resources Proposition 84 Rounds 1-4, Metropolitan Water District of Southern California Local Resources Program and Recycled Water Retrofit Program monies in order to complete the approximately $182 million of storm water and recycled water projects for clients in southern California. He assisted in completing the coordination with the funding agency on behalf of clients including monthly reports, progress deliverables, proposed financial breakdowns and coordinating field meetings. Our Core Business is Funding Experience The following highlights grants we have applied and/or managed in the last ten years: City Council 20 — 87 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Agency City of Belvedere Sea Level Rise, Erosion Control Dept of Parks, FEMA/BRIC $ 26.00 City of Carlsbad Parks, SCADA, Street Improv, CPF, ATP, HSIP, SWRCB $ 14.30 City of Commerce Traffic Signal Coordination HSIP $ 1.00 Coachella Valley Water District AMI, Stormwater WIFIA, FEMA, BOR $ 58.50 City of Downey Water Quality SWRCB $ 8.00 Desert Water Agency Water/Energy Efficiency BOR $ 0.50 City of Fort Bragg Water Supply Pipeline & Reservoir DWR/SWRCB $ 19.50 City of Hemet Multiple Projects Flood, LPP, HBP, Prop 68 $ 28.00 Ctiy of Irvine Multiple Projects ATP, HSIP $ 2.00 City of Long Beach Complete Street Project LPP $ 2.88 Long Beach Water Department Parks, AMI, Wells, RW BOR, SWRCB, $ 12.00 Mission Springs Water District Water/Energy Efficiency BOR $ 0.30 City of Newport Beach Emergency Management FEMA/Cal EMA $ 9.00 Olivenhain Water District AMI BOR $ 0.50 Orachard Dale Water District Seismic Retrofit FEMA/CaIOES $ 4.00 City of Palm Springs WWTP, Cogeneration Project SWRCB SRF/GPR $ 37.00 City of Petaluma AMI, RW DWR $ 11.50 City of Redwood City RW & AMI SWRCB $ 7.00 San Bernardino Associated Governmen Multiple Projects/GHG Reduction TIRCP/DOT $ 39.20 San Bernardino Municipal Water Department Recycled Water Expansion Water & Sewer FEMA, SWRCB BOR, DWR $ 21.00 City of Sacramento Parks, Water & Sewer, Storm watei Parks, BOR, SWRCB $ 11.60 City of Santa Ana RW, Energy, Water, Sewer Various $ 6.95 Santa Clarita Valley Water Agency AMI, Wells, PFAS BOR, Title XVI $ 4.00 South Coast Water District Water & Sewer SRF, BOR $ 103.00 Turlock Irrigation District Parks, water/ener e , Dams Dept of Parks, FEMA, BOR $ 3.70 City of Tustin Multiple Projects ATP, HSIP $ 3.00 City of Vista Parks, Storm Water, Bike Trails,Sewer, Streets Prop 84, EPA, HSIP, SWRCB $ 64.00 City of Wildomar Storm Water, Bike Trails, Streets FEMA/CalOES, ATP, HSIPI $ 2.70 Total: 1 $ 501.13 Resumes of key people are included in Appendix. City Council 20 — 88 9/20/2022 I Public Safety & Emergency Preparedness Gary Sturdivan; Tamim Atayee, PE, F.ASCE; Miles Wagner Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Sudi Shoia, PE, RASCE Project Manager Infrastructure Tamim Atayee, PE, EASCE; F.ASCE, Antonio Shaibani, PE; Subconsultant For Water Infrastructure: John Robinson Parks & Recreation Carlos Pineda, PE Tony Antich PE, PMP; Chenxia Li, Ph.D. Antonio Shaibani, PE Grant Support James Klueber Anna Segur Kate Bernstein Nima Varasteh Salina Zawawi Arta Setayeshi Subconsultant John Robinson, PE Environmental/ Energy Efficiency/ Sustainability Stanley Klemanowicz, AIA, PMI, LEED; Tamim Atayee, PE, EASCE; Chenxia Li, Ph-D. 26 City Council 20 — 89 9/20/2022 0 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services E. RELEVANT PROJECT EXPERIENCE Grant Identification, Writing, & Compliance Services, City of Santa Ana Utility Department, Santa Ana, CA (2017-Present) ESS was selected in 2018 to provide needs assessment, grant identification, grant writing and compliance services for the Water and Sewer services Department. ESS started by reviewing the City's CIP and unfunded projects and developed a funding plan by identifying grants. To date, ESS has prepared successful applications for Bureau of Reclamation, CaIOES, Proposition 1, and State Revolving Funds that are near completion for the following projects: Grant Projects Amount Funding Agency Program $5 million Bureau of Drought Contingency 4 Well Projects Reclamation $1.5 million Bureau of Water Energy AMI System Reclamation Efficiency $10.1 million SWRCB DWSRF AMI - Pending $5.2 million SWRCB DWSRF Well 32- In process $75,000 SWRCB Prop 1 Water Recycle Master Plan $100,000 SAWPA Well design $75,000 Bureau of Water Energy Irrigation Improvements Reclamation Efficiency $1.5 million SWRCB CWSRF Septic to sewer- In process $300k CaIOES Community Power Emergency Well Back-up Resiliency Generator The above work has been completed since January 2018. Wastewater Treatment Facility Upgrade, City of Palm Springs, Palm Springs, CA (2014- 2019) Responsibilities for the City of Palm Springs began with preparation of SRF loan applications for the $29 million Wastewater Treatment Plant Upgrade & 8 million for a cogeneration project. We arranged for a meeting with the SRF management in Sacramento and provided a presentation that assured adding this project to the priority list. During the complex process for this project, we were able to provide continuous coordination with three state SRF project City Council 20 — 90 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services managers and obtain approvals for every phase. This project was completed in March 2017. In the process, ESS identified project elements that qualified for additional grants, resulting in successful award of more than $5.1 million in grants the City did not expect. We prepared Green Project Reserve grant funding application and exhibits for the following: Variable Frequency Drive • LED Lighting • High Efficiency Motors • Combined Heat and Power Cogeneration • SCADA System Upgrade • Site Improvement ESS also provided SRF compliance including project reporting, reimbursements, monitoring of AIS, DBEand prevailing wages that resulted in successful audit session. on behalf of the City. Grant Writing Services, Long Beach Water Department, Long Beach, CA (2017-Present) ESS has been providing grant assistance services for each of the listed agencies that started with a needs assessment and review of the agency's CIP projects and unfunded projects. ESS presented a funding strategy and matching opportunities to projects that was approved by the Long Beach Water Department (LBWD). ESS has prepared the following successful applications for LBWD: Grant Amount Funding Agency Program Projects $1.5 million Bureau of Reclamation WEEG AMI $4.2 million Bureau of Reclamation DRP 4 Wells $75,000 FEMA Training Emergency Response Training $1.1.97 million BOR Title XVI Park/Recycled Projects ESS has been working with LBWD since December 2017 and ESS has been responsible for 100% of the work noted here. Grant Identification, Writing & Compliance Services, San Bernardino Municipal Water Department, San Bernardino, CA (2018-Present) ESS has been providing grant identification and writing services. ESS has been participating in several meetings with department director to identify fundable elements of a project and provide a funding strategy. Grant Amount Funding Agency Program Projects $5.5 million FEMA Hazard Mitigation Seismic Retrofit of 4 reservoirs 22 City Council 20 — 91 9/20/2022 C) Proposal to Provide Water, Sewer, and Public Works Grant Writing Services $7.57 million SWRCB DWSRF Seismic Retrofit of 4 reservoirs $9.9 million SWRCB CWSRF WWTP expansion $3.4 million SWRCB DWSRF Water pipeline Rehabilitation $2 million DWR Urban Multibenefit AMI System $500,000 Bureau of WaterSMART AMI System Reclamation Grant Writing Services City of Carlsbad, CA (2019-Present) ESS worked closely with local representative offices and various City departments to identify projects that would rank best for City of selection and has been very successful in preparation of grant 44� applications that resulted in funding allocations in both 2021 and 2022. Carlsbad ESS has been working with various City Department to identify potential projects and grant opportunities for funding. Grant Funding Agency Program Projects Amount Annual Allocation - $4 million Community Project Funds 2022 Veterans Park Annual Allocation - Neighborhood $5 million Community Project Funds 2021 Revitalization $4.6 million SWRCB CWSRF SCADA System $1.2 million FHWA HSIP multiple projects $15 million Multiple agencies Pending Grade Separation Grant Writing Services City of Sacramento, CA (2020-Present) ESS has provided the City of Sacramento's Department of Utilities (DOU) with grant writing services for various projects and funding programs since 2020. ESS has been working with several City Utility and Parks Department staff to identify potential projects and grant opportunities for funding. Grant Amount Funding Agency Program Projects $1.5 million BOR WaterSMART Well Improvement $5 million Caltrans Clean CA Parks Expansion $9.4 million SWRCB SRF Pump Station $500,000 BOR Water/EnergyEfficienc Turf Removal City Council 20 — 92 9/20/2022 1 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services F. SCHEDULE All the above ESS team members are available and committed to delivery of the work described in this proposal. ESS team members have been working with each other for several years and we do not foresee a change for the duration of this contract. We will start working upon notice of award and complete the tasks within the specified time frame to meet City and funding agency requirements. Availability Chart Name & Designation Availability Sudi Shoja, PE, FASCE 65% John Robinson, Project Manager 60% Carlos Pineda, PE 50% Gary Sturdivan 50% Tamim Atayee, PE 50% Chenxia Li, Ph.D 70% Antonio Shaibani, PE 60% Anna Segur 70% James Klueber 70% Savannah Regan 70% G. REFERENCES: Below are the references for the above listed projects: City of Santa Ana: Nabil Saba, PE/ Executive Director/ (714) 647-3378/ nsaba(a-)-santa-ana.orq Rudy Rosas, PE, Principal Civil Engineer/ (714) 647-3379/ rrosas(cDsanta-ana.orq City of Lonp Beach -Water Department: Dean Wang, PE/ Water Resources Manager/ (562) 570-2311/ dean.wangCa-)lbwater.org San Bernardino Municipal Water Department: Devin Arciniega/ Water Conservation/ Public Affairs Coordinator/ (909) 453-6052/ Devi n.Arciniega(a-)sbmwd.org City of Carlsbad: Jason Haber/ Intergovernmental Affairs Director/ (442) 339-2958/ Jason. haber(@carlsbadca.gov City of Sacramento: Tyler Stratton/ Program Specialist/ (916) 808-1284/ ttratton(a)cityofsacramento.org City Council 20 — 93 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services City of Palm Springs: Donn Uyeno, PE / Principal Engineer/ (760) 323-8253/ Donn. Uyeno _palmspringsca.gov THIS IS WHAT OUR CLIENTS SAY ABOUT US: ESS really wants to help our City. Very organized and follow up is incredible. If you work with Sudi you will see that she makes every effort to be a huge support and not a burden. She takes care of her clients and you can tell she is passionate about what she does. ESS works to collect the information themselves instead of asking you for it and are very responsive when we have questions. ESS would be an asset to you. Kris Jensen, Public Works Director, City of Hemet You couldn't pick anyone better to help you get and find grant funding. A great resource that won't leave you hanging once the grant comes in and would guide you through the process and be happy to answer any of your questions after the fact. Doug Erdman, Principal Civil Engineer, City of Lake Forest She has been very responsive and has tried to keep all staff on track by checking in and urging us to keep the ball and direct contact with the project managers with the Green Project Reserve. They are really on top moving. From a customer service prospective ESS has been great, and their services are pretty affordable. ESS has a good relationship of the timeline and has been helping to keep us all motivated. Erik Brown, Novato Sanitary District Sudi with ESS is an expert and is extremely knowledgeable on what pieces of the process will need to be put where, and in what order. Carefully orchestrated. Betty Burnett, General Manager, SOCWA If you want to get grant funding, ESS is the expert and involved in the "grant community" and has been extremely successful. Larry Pierce, Public Works Director (former), City of Vista We had a wish list of the things we wanted to accomplish, and ESS found the funding which matched our goals most. ESS made it clear what we could actually apply for. ESS knows all of the ins and outs of the application process. The rules change all of the time, and ESS is quite knowledgeable. ESS is also very thorough in their follow through. Finding ESS has been a big plus for the City. ESS was highly recommended to us. Rick Moreno, Facility Manager, City of San Bernardino 2. SCOPE OF SERVICES AND SCHEDULE Below table provides a general outline of the process and an approximate schedule for the deliveries. However, ESS has the depth of resources to provide grant applications in more expedited manner if needed. Grant Application Development Process Scope Outside Funding/On-Call Research: ESS will provide Ongoing notification and summaries of all applicable grants to City Project Scope Funding Proposal Development Developing overall grant Week 1-2 outline; working with appropriate Department staff and team to determine writing assignments 25 City Council 20 — 94 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Task Review grant guidelines with City staff, review project and other relevant documentation, Identify eligibility & funding requirements, terms, conditions, and other key parameters Deliverable Work Plan Structure to guide meetings and receive direction if moving forward with the grant application. Task Request information on requiring long lead action items such Week 1-2 as support letters, and resolutions. Task Locate, research, and analyze data in compliance with funders' guidelines, including specific community information or other specialized items Deliverable Provide draft support letters, council reports and resolutions Scope Provide budget guidance, prepare BCA in conformance with Week 2-3 grant requirements, project records and City policies Task Review project budget against grant guidelines and Week 2- 3 information Deliverable Draft budget information and Benefit Cost Analysis for City review Scope Organizing facts, data, statistics and narrative collected and Week 2-3 written as part of assigned projects and making those items available to the Department Task Draft various grant application sections Task Prepare exhibits, attachments, forms and other requirements Task City review and finalize application materials based on input Scope Ensuring that all required components of proposal are included Week 3-4 in submission, ensuring adherence to grant evaluation criteria Task Continue to draft application, use internal grant application checklist and WPS outline to guide QA/QC Deliverable Final application materials for review Task City review and finalize application materials based on input Week 4-6 Task Ensure City has copies of all application materials Deliverable Final grant application package with all attachments and submittal confirmation Scope Program Administration and Delivery Upon Grant Awa rd Grant agreement negotiations, staff reports and resolutions Based on deadlines Submit status reports, reimbursement requests based on funding agency requirements Submit status of all funding pursuits to the City Monthly 3. FEE PROPOSAL As directed in the RFP, the Attachment 4, Fee Schedule is submitted separately. 26 City Council 20 — 95 9/20/2022 (9) Proposal to Provide Water, Sewer, and Public Works Grant Writing Services CERTIFICATIONS 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, orto fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, orto 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 _-� -'�1, State of California County of Orange Subscribed and swam to (or affirmed) before me on this 25 day of July 2022, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP 22-064 Page 23 City Council 20 — 96 9/20/2022 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm: Engineering Solutions Services Signed /Printed Name: 4. - Sudi Shoja,PE Title: Principal Date: July 25, 2022 City of Santa Ana RFP 22-064 Page 24 28 City Council 20 — 97 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana RFP 22-064 Page 25 29 City Council 20 — 98 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services 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 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 subconsultant 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. Firm: Engineering Solutions Services Sign/Printed Name:/`), Sudi Shoja, PE Title: Princ Date: July 25, 2022 City of Santa Ana RFP 22-064 Page 26 56 City Council 20 — 99 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Sudi Shoja PE, RASCE, Project Manager Sudi brings more than 30 years of municipal engineering, grant and fund management experience. She has an extensive experience in securing and managing various federal, state and local funds, gaining successful audits in all cases. She has been responsible for budgeting, scheduling and implementation of annual funds of over $100 million for various agencies. Moreover, she has also held numerous leadership positions and served on committees with regional and local government, professional associations and philanthropic organizations to advance regional planning, transportation, policy issues and local interests. Some of the grants she has successfully secured are: Bureau of Reclamation, FEMA and CalOES grants, State Water Resources Control Board, Proposition 1, 13, 68 & 84, Ground Water Grant Program, EPA Green Project Reserve, State Revolving Funds (SRF), Water Infrastructure Finance and Innovation Act (WIFIA), Local tax measures, and funding for climate change, environmental and numerous other grants from regional agencies. She is also very familiar with reimbursement procedures. The following are a sample of Sudi's success stories since 2012: • Successful award on all Bureau of Reclamation grants submitted to date. • $50 million in WIFIA funding for two projects in 2018 • The $103 million application package was approved in record time and received no revisions. • Identified Green Project Reserve application for City of Palm Springs to bring in more than $5.1 million in grant funding. • Award of more than $39 million in GHG reduction since 2016 Selected Project Experience Grant Writing Assistance & Administration, Wastewater Treatment Plant and Cogeneration Projects, City of Palm Springs, CA Responsible for coordination with state project managers to obtain approval for securing over $32 million of funding, $5.1 million in grants for SCADA, VFD, lighting, site development and cogeneration projects in just two applications on behalf of the City. Reimbursement for previously expended design and equipment purchases have been added to the project application. ESS has also been responsible for filing for all reporting, reimbursements and monitoring Buy America, DBE and prevailing wage requirements per EPA regulations for two successful audits by SWRCB. As -Needed Grant Writing Services, Water and Sewer Department, City of Santa Ana, CA City Council 20 — 100 9/20/2022 i Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Responsible for identification of grant funding opportunities, preparation of a funding strategy that identified over $20 million in grant funding, successful grant applications and compliance - management services for grants from for BOR, SWRCB, SAWPA for over $20 million in funding. As -Needed Grant Writing Services, Long Beach Water Department, Long Beach, CA Responsible for identification of grant funding opportunities, preparation of a funding strategy and preparation successful grant applications for Bureau of Reclamation Drought Resiliency and Water Energy Efficiency Grant Programs, and Title 16 and compliance -management services for the Department. ESS has identified and applied for grants over 3.5 million since 2018. As -Needed Grant Writing Services, Coachella Valley Water District, Coachella Valley, CA Responsible for preparation of successful applications to WIFIA for funding over $50 million for two projects. Also, prepared two successful applications for FEMA funding that were approved by CalOES to FEMA for funding, preparation of a successful application for AMI demonstration project from Bureau of Reclamation Funding Grant Writing Services, Multiple Projects, City of Hemet Water Department, Hemet, CA Responsible for preparation of grant application packages for more than $10 million in grant and $18 million in SRF loan for Automated Water Metering, master plans. water distribution system upgrades and sewer collection system on behalf of the City. Storm Water & Recycling Grants, City of Downey, CA Responsible for identification & application of successful $4 million for stormwater quality project that and submittal of a grant application for a recycling project. Grant Assistance Services, South Coast Water District (SCWD), Laguna Beach, CA Project manager responsible for securing the $103 million Clean Water Act state revolving fund loan from the State Water Resources Control Board. Coordination with state to obtain approval in record time. Preparation loan application materials for the District's Tunnel Rehabilitation and Replacement Project and assisting staff with all the required resolutions and documents. Provided on -call grant tracking and grant writing support for the District. Three Application Packages for Sewer Improvement Projects, City of Laguna Beach, CA Responsible for filing applications and coordination with State project managers to obtain approval for securing $10 million funding on behalf of the City. Projects involve upgrade of sludge export force main, treatment facility upgrades and sewer line rehabilitation throughout the City. Fund Analysis and Grant Assistance, South Orange County Wastewater Authority (SOCWA), CA Responsible for review of overall engineering projects and financing alternatives and establish funding mechanism to apply for SRF funding on behalf of interested member agencies. 52 City Council 20 — 101 9/20/2022 0 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services John Robinson, PE, F.ASCE Mr. Robinson has more than 25 years of experience in engineering, construction management, project leadership/project management, operational/fiscal management and market sector strategy development focused most recently on recycled water programs and infrastructure. Mr. Robinson's experience encompasses a variety of wastewater engineering, water reclamation and planning projects. The clients he has provided services to are mostly municipalities and cities in Southern California and Arizona. Mr. Robinson provides technical direction and project oversight for the development of public infrastructure that includes pipelines, pumping stations, reservoirs, hydraulic structures, recharge basins, and wells. His technical expertise ranges from master planning and program management to final design and construction implementation. As a project manager, he has on numerous occasions successfully led my project teams to complete the work within the project budgets and time schedules and with a high degree of responsiveness to the clients. Relevant Experience Strengths include client and project management, development of strategic marketing plans/business development, leadership of staff, staff mentorship and guidance, verbal/written communications along with fiscal analysis and financial management. City of Long Beach Grant Writing Services, Long Beach, Ca - John has been working with ESS on developing funding strategies and grant applications as needed that included Reclamation, SWRCB, and Title XVI. Water Replenishment District, Los Angeles, CA - John has been assisting ESS on developing funding strategies for the new Reclamation — Title XVI PFAS treatment funding Chino Basin Water Conservation District, Chino, CA — John has been working with ESS and has been responsible for funding over $1 million for District's key project. Central Municipal Basin Water District, CA — As the District's Engineer, John has been leading ESS's efforts for developing a funding strategy and preparation of funding applications. Easter Municipal Water District - John has been leading ESS's efforts for preparation of a SRF application on behalf of the District. Recycled Water Master Plan — City of Santa Ana, CA - John was a team member for preparation of the RWMP that was partially funded by SWRCB. Whittier Narrows Water Recycling Project Phase IIA-Pipeline and Pump Station Project Manager responsible for the expansion of the Upper San Gabriel Valley Municipal Water District's recycled water system. The facilities for the project include a pump station and 55 City Council 20 — 102 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services reservoir at the County Sanitation Districts of Los Angeles County Whittier Narrows Water Reclamation Plant and approximately 18,000 linear feet of pipeline. City of Industry Water Recycling Project Phase IIB-Pipeline, Reservoirs and Pump Station Project Manager responsible for the expansion of the Upper San Gabriel Valley Municipal Water District's recycled water system. The facilities for the project include a two pump station, two reservoirs in the City of West Covina and 24,000 linear feet of pipeline. City of Industry- Recycled Water Pump Station No. 1 Senior Manager responsible for the preliminary design expansion of the Recycled Water Pump Station No. 1 located at San Jose Creek Water Reclamation Plant. The facilities included hydraulic modeling, structural, electrical and civil/mechanical improvements. Terminal Island Treatment Plant Evaluation, City of Los Angeles Bureau of Engineering Project Engineer responsible for the evaluation of the viability of operation of the Terminal Island Treatment Plant. Recycled water evaluation leader with the project including conducting a series of public workshops with interested stakeholders to evaluate the TITP facility with regards to costs, operation, and long-term compliance with future treatment options and permitting requirements. Program Management, San Jose Creek Water Reclamation Facility Feasibility Report, Upper San Gabriel Valley Municipal Water District Project Manager responsible for the evaluation of multiple technologies, including microfiltration, reverse osmosis, and UV for further treatment of Title 22 recycled water for discharge to the San Gabriel River. The advance wastewater treatment evaluation including evaluation of pollution prevention program and layout of a 12-MGD facility on limited space at the San Jose Water Reclamation Facility. RP-1 Modifications, Inland Empire Utilities Agency Responsible for the RP-1 Dechlorination and Solids Process Upgrades Project as well as the Asset Management Project. The work encompasses conceptual design, detailed design, specifications, drawings and office engineering. The dechlorination station requires capacity expansion for the planned increased in wastewater reuse. The digester gas handling facilities will be expanded to 1300 scfm for improved hydrogen sulfide, humidity, VOC and siloxane removal. Gas handling upgrades will also include a 20,000 cubic foot digester gas holder and ultra -low emissions gas flare. Filtrate from the dewatering building will also be equalized for better flow management. City of Rialto WWTP No. 5 Expansion, Chevron Energy Solution As the Principal in Charge for the City of Rialto WWTP No. 5 Expansion which is increasing from 6 MGD to 12 MGD including one primary, two aeration basins, two secondary and full integration with the existing facility. Responsibilities include project management, supervision of design, client coordination, meeting attendance. 6-Inch Export Sludge Force Main Replacement, South Coast Water District/Aliso Water Management Association Project Engineer responsible for the design of approximately seven miles of 6-inch primary sludge force main in an environmentally sensitive regional park and City of Laguna Niguel Park. The design involved two creek crossings, a minor highway crossing, interface with the existing plant facilities, civil grading, and pigging equipment modification. Project Manager, Biosolids Strategic Plan, South Orange County Wastewater Authority, CA Developed a biosolids management strategy utilizing current findings on disposal and composting alternatives, including consideration of local facilities totally for SOCWA and opportunities with other local agencies. City Council 20 — 103 9/20/2022 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Carlos Pineda, PE, Senior Civil Engineer Carlos is a registered civil engineer in the State of California with over 38 years of experience in civil engineering and project management. He has extensive experience working for both private and public sectors. His private sector design experience covers a wide range of projects including residential master planned communities and "in tract" residential improvements. His public works design experience covers a wide variety of projects including the improvement of major arterials, secondary highways and collectors, flood control and drainage projects, ADA retrofit, and safe routes to school projects. Relevant Experience Trail Restoration Project, City of Huntington Beach, CA Carlos has been responsible for successful development of a conceptual plan for the Shipley Park trail project that met the approval of the Parks Board members. Carlos then prepared the application for the California Department of Parks and Recreation Linear Park and Trail, City of Seal Beach, CA Responsible for development of a grant application for development of a linear park to achieve trail connectivity that included research and preparation of the narrative and all the Clean CA Grant requirement for the Project. Park Expansion Project, City of Sacramento, CA Responsible for development of a conceptual plan and preparation of the narrative and all the Clean CA Grant requirement for the Project. Landscaping Restoration, City of Seal Beach, CA Preparation of a grant application package for the median landscape retrofit for the City of Seal Beach for conformity with Caltrans requirements and City General Plan. . Recycling Water Projects, Central Basin Municipal Water District, CA Responsible for preparation of 3 application packages for cities of Downey, Southgate and Bell Gardens. Developed cost estimate and the grant application for submittal on behalf o the agency. LOSSAN Corridor, Peer Review, Hydrology & Hydraulics, San Diego, CA As part of RailPros Team, Carlos has been providing peer review on Civil engineering plans for several portions of the LOSSAN Corridor project. Metro- Metrolink Station Location Studies, Los Angeles, CA ESS served as a sub consultant and provided site study and study the utility constraints involved. This study included four stations and multiple alternatives for each location. The utility study included coordination with various stakeholders such as cities, and SCE. 55 City Council 20 — 104 9/20/2022 0 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Senior Project Manager — Community Development/Transportation (Stantec) As a Senior Project Manager he was responsible for the marketing of Engineering Services to municipalities and other private clients such as developers, builders and architects. Responsible for the management of Projects including close coordination with clients and with the Project team, responsible for executing the project, producing and submitting deliverables and meeting the budget and schedule established in the contract. Supervised engineers in the preparation of Plans, Specifications and Estimates (PS&E) for the construction of Civil Engineering projects, including residential subdivisions, public works projects and community parks. Provided Quality Assurance and Quality Control for the Projects. Also, provided clients with engineering support during the Construction Phase of the projects, including responding to RFI's, plan revisions, review of submittals etc. Sample Projects: • Butterfield Stage Road Phase III Improvements, Temecula. • Lincoln Park ADA and Landscape Improvement Project, Pomona. • Boys and Girls Parking Lot Improvements, San Clemente • Camino De Los Mares Improvements, San Clemente • Cress Street Sidewalk and Retaining Wall Improvements, Laguna Beach. • Queda Way Drainage and Retaining Wall Improvements, Laguna Beach. • Village Pond Park Improvements, Lake Forest • NW Open Space Park, San Juan Capistrano • Avella Apartments, Irvine, The Irvine Company • Los Serranos Infrastructure Improvements -Safe Routes to Schools Program Phase 3, Chino Hills • Project Manager for Various CIP Projects for the City of Pomona. — Staff Augmentation Director of Engineering (CivilSource) As a Director of Engineer was responsible for the marketing of Engineering Services to municipalities and other private clients. Responsible for the management of Projects including close coordination with clients and with the Project design team, responsible for executing the project, producing and submitting deliverables and meeting the budget and schedule established in the contracts. Supervised engineers in the preparation of Plans, Specifications and Estimates (PS&E) for the construction of Civil Engineering Public Works projects. Responsible for providing quality assurance and quality control for all projects. Also, provided clients with engineering support during the Construction Phase of the projects, including responding to RFI's, plan revisions, review of submittals etc. Assisted in providing civil engineering assistance to Cities as part of Staff Augmentation, this included providing engineering advice and plan checking for ongoing permit applications. Sample Projects: • Cerritos Avenue Widening Project, City of Cypress. • SR2S Hermosa View Improvements, Hermosa Beach • Retaining Wall Improvements — Moulton Parkway, County of Orange • Mermaid St. Sidewalk and Retaining Wall Improvements, Laguna Beach • Project Manager for Various Projects for the City of Laguna Woods. — Staff Augmentation 56 City Council 20 — 105 9/20/2022 (9) Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Director of Engineering — Vice President of Engineering (PENCO Engineering) As a Director and Vice President of Engineering was responsible for the marketing of our Engineering Services to municipalities and other private clients such as developers, builders and school districts. Responsible for the management of Projects including close coordination with clients and with our Design Project team consisting of project manager, project engineers and designers, responsible for the execution of the projects, submittal of the agreed deliverables and meeting the budget and schedule established in the Contracts. Supervise project managers, engineers and designers in the preparation of Plans, Specifications and Estimates for the construction of Civil Engineering projects, including residential subdivisions, school facilities, public works projects and community parks. Provided Quality Assurance and Quality Control for the Projects. Also, provided clients with engineering support during the Construction Phase of the projects, including responding to RFI's, plan revisions, review of submittals etc. Sample Projects: • Village at The Park Residential Community, Camarillo, DR Horton • Portola Parkway Infrastructure Improvements, Irvine, The Irvine Company • Jeffrey Parkway Infrastructure Improvements, Irvine, The Irvine Company • Citywide Sanitary Sewer Improvements Project Group 5, Lincoln Ave -between Gilbert St. and Magnolia Ave, Anaheim • Parking Lot Reconstruction and ADA Improvements - Carmelitos and Harbor Housing Developments, County of LA - Community Development Commission • Construction Technology Building and East Parking Structure, City of Los Angeles, LAUSD • Mater Dei High School Athletic & Aquatic Complex, Santa Ana, The Austin Company • 9th Street Span Elementary School, Quatro Design Architects, City of Los Angeles, LAUSD City Council 20 — 106 9/20/2022 (9) Proposal to Provide Water, Sewer, and Pubi Tamim Atayee, PE, F.ASCE, Senior Project Manager Mr. Atayee is a registered professional engineer with 31 years of experience. Tamim works as a technical expert for grant applications that involve expertise in hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and stormwater management. He is a skilled designer and a capable manager and has authored many technical papers. Mr. Atayee is experienced in both numerical and physical modeling of hydraulic problems and has, amongst other things, developed hydrology and hydraulics software used as standards in the industry. As a subcontractor to the Western US Technical Evaluation Contractor to FEMA, he reviewed several map revision processes, such as Letters of Map Revisions, for projects that impacted flood hazard areas. On the other end of the process, as the technical representative for applicants, he successfully secured approval of several map revisions for land developers, public agencies, and mine property owners. Tamim's expertise and knowledge assist us in preparation of high - quality technical reports for grant applications that result in minimal comments and expedited review of applications. The following are Tamim's experiences and skills: • Expert in preparing FEMA related grants related to flooding • Technical expertise that lend to writing highly qualified & credible reports for grant applications • Trusted expert working with various Caltrans districts GPR application • Extensive experience in hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and storm water management. Relevant Work Experience Storm Water Grants, Coachella Valley Water District, Coachella Valley, CA Technical expert in development of successful intent letters and grant applications on two top priority projects for the district. Review of District documents and recommendations and preparation of grant sections to meet the funding goals. FEMA Grant Applications, Coachella Valley Water District, Coachella Valley, CA Responsible for review of agency documents for the two regional storm drain projects and preparation of successful phase I grant applications. Preparation of technical sections and interpretations to match the funding. Development of required technical documents for the Benefit Cost analysis. Sustainability Grants, Port of long Beach, Long Beach, CA Responsible for preparation of technical documents and all the necessary justifications for a sustainability grant funded by Homeland 58 City Council 20 — 107 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Security. Review of agency documents, preparation of cost estimates, back up documents, exhibits and other information as needed Flood Assistance Grant Program, City of Wildomar, Wildomar, CA Prepared Benefit Cost Analysis (BCA), technical reports, cost estimate and all back up documentation. Otay River Bridge, San Diego, CA provided hydrologic, hydraulic and scour engineering services to assist with the design of the new State Route 125 Toll Road Bridge over Otay. The objective of the project was to characterize the hydraulics and scour potential and develop countermeasures to sustain the erosive forces to which the bridge substructure would be subjected. Alta La Jolla Restoration, San Diego, CA Responsible for independent assessment of the hydrologic, hydraulic and channel stability of outlet channel of a storm drain system in the private development, Alta La Jolla in San Diego, California. The objective of the project was to characterize the drainage and develop a concept to stabilize the eroded outlet channel. Caltrans Drainage Law & floodplain Issues Course Development & Delivery, CA Responsible for development of two one -day courses and delivery to various Caltrans Districts in the state. Class material was developed for highway designers to discuss hydrology and hydraulic & identify issues pertaining to floodplains and effective discharge, minimize liability to public agencies short courses for FHWA, and Caltrans Caltrans Expert Services, San Bernardino County, CA Provided expert witness services to the San Bernardino office of Caltrans for a successful conclusion of the case. The area of expertise included hydrology, hydraulics and sediment transport for the flood damage analysis of Lobecks Pass in a lawsuit case against Caltrans by Pacific Gas & Electric Company. This project involved providing court testimony, and forensic analysis of the historical records 59 City Council 20 — 108 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services Chenxia Li, Federal Funding Expert Chexnia has over 20 years of experience and an extensive background in the capital planning process and in developing long-range capital improvement programs including regional and agency -wide transportation planning. She has successfully secured and managed various federal, state, and local funding measures including FTA/FRA/FEMA/Caltrans, Highway Rail Crossing Safety Account (HRCSA), Highway Safety Improvement Program (HSIP), High Priority Projects (HPP), Transportation community and many other grants. Chenxia has been responsible for performing policy and financial analyses, negotiating agreements with FTA/FRA and other funding agencies, as well as the preparation and presentation of reports to agency board of directors. James is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates. Relevant Experience San Bernardino GHG reduction Strategy, TIRCP 2018 Grant Application Package, San Bernardino County Transpiration Authority, San Bernardino, CA Responsible for development of a successful grant application package for two significant projects in the region, meeting with CaISTA, preparation of GHG reduction and all write up. • GHG reduction demonstration project • Bus Rapid Transit Services Redlands Passenger Rail Project, San Bernardino County Transpiration Authority, San Bernardino, CA Funding expert responsible for preparation of TIRCP, PTC and FTA grants for the $280 million project. Facilitated meetings with grant funding agencies, prepared agendas and presentation topics. Researched the available documents and prepared successful grant application packages. Advised on negotiations, grant agreements, and reporting needs. Grants Manager, San Diego North County Transit District (NCTD), Oceanside, CA Responsible for final QA/QC during the BOR WaterSMART Drought Resiliency Projects grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the application promptly. Worked on 4 applications simultaneously and submitted all applications successfully and on -time. Each application was for $2 million in federal grant funding. • Administered NCTD grant programs and managed grant staff. Performed strategic, programmatic, and detailed grants management of NCTD's federal, state, and local grant programs. City Council 20 — 109 9/20/2022 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services • Coordinated with the San Diego Association of Governments (SANDAG) to forecast grant revenues for five-year capital improvement program. Developed recommendations to assign the grant funds to the capital and planning projects. • Worked with the Federal and State funding agencies for grant application/ amendments/closeout. Managed grant programs for requirements compliance. • Maintained grant database using the JD Edwards system to ensure accuracy and grant compliance. • Prepared the required project progress reports, financial status reports, and grant closeout reports. Ensured timely processing grant billings; reviewed the project expenditures against the approved project scope and in compliance with federal, state and local funding requirements; and validated appropriateness of supporting documents and justifications. • Developed and revised grant management procedures and the board finance policies. • Responsible for the SAFE schedule and the required single audit schedules. • Prepared responses to the FTA Triennial Review and Enhanced Technical Capacity Review. BOR WaterSMART Water Energy and Efficiency, Santa Clarita Valley Water Agency, Olivenhain Municipal Water District, Desert Water Agency, City of Santa Ana, San Bernardino Municipal Water District Responsible for final QA/QC during the BOR WaterSMART Water Energy and Efficiency grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the applications fully and promptly. He worked on 6 applications simultaneously for this opportunity. Each application applied for $500,000 federal grant funding. Grants and Strategic Development Planner, Southern California Regional Rail Authority (SCRRA) • Coordinated with FTA/FRA/FEMA/Caltrans on the grant administration, led FRA/Caltrans quarterly reviews, analyzed federal and state transportation policies and funding programs, and communicated with staffers on grant issues. • Worked with Engineering Department and Program Management Office on the programmatic issues pertaining to the capital rehabilitation and improvement projects, and prepared grant applications by closely working with the stakeholders. Participated in monthly project managers' meetings, worked with all necessary parties to ensure implementation of grant- funded projects in compliance with the grant requirements and grant contract provisions. • Administered federal and state grants; prepared the grant fact sheets to disseminate grant information; tracked contract commitments and expenditures; prepared project progress and financial reports; responded to the grantors' inquiries concerning grant compliance issues; performed the grant closeouts; and responded to the audit requests. • Tracked grant balances; reviewed proposed changes to the project scope to ensure consistency with the funding agreements; reviewed and validated the eligibility of project budget reallocations by fund source and by project; and ensured the grant records being updated with a documented audit trail. City Council 20 —110 9/20/2022 (D Proposal to Provide Water, Sewer, and Public Works Grant Writing Services • Performed timely and comprehensive analysis of capital budget versus actual expenditures at the project level and program level, and performed monthly, quarterly, and year-end reconciliations. • Maintained detailed grant records on all capital projects to ensure accuracy and integrity of the accounting records in the Oracle Financial System and reconciled the grant records. • Participated in various cross -functional meetings and task forces within the agency to address capital budgeting, financial analysis, allocation initiatives, and other funding and capital activities. Senior Capital Planning Specialist, Alameda -Contra Costa Transit District, CA • Worked with project managers to develop project scope, budget, financial plan, and delivery schedule to ensure the award of grants; prepared environmental documents for categorical exemptions; and managed the grants by closely working with the funding agencies to ensure implementation in compliance with the grant requirements and the government regulations. • Led agency's capital planning process and developed long-range capital improvement programs (Regional Transportation Plan, county's State Transportation Improvement Program, Countywide Transportation Plan and Measure B Reauthorization Expenditure Plan) and short-range capital plans. • Administered agency's federal grant programs (2006-2011) and state grant programs (1995-2010); developed grant proposals, prepared grant applications, coordinated with the funding agencies to expedite award of grants; and performed post- award grant management. • Communicated regularly with the agency Board of Directors and Executive Staff regarding funding issues, prepared and presented reports and Board items, and performed policy and financial analyses at the request of the Board Directors and General Manager. • Provided fiscal oversight of the grant implementation, set up grants in the PeopleSoft Financial System, tracked funding commitments, reviewed and validated requisitions, monitored grant expenditures and balances at project level and in aggregate to ensure grant implementation on budget and on schedule, prepared project progress reports and financial reports. • Coordinated the FTA audits, led FEMA/CaIEMA performance reviews and Air District's grant audits, and responded to the audit requests for grant information (CAFR and single audit). 02 City Council 20 —111 9/20/2022 0 Proposal to Provide Water, Sewer, and Public Works Grant Writing Services James Klueber, Analyst James started his career as an analyst specializing in various water resource investments and is very familiar with Californian water law, water systems, federal/state/local management plans, and water infrastructure. He is a team player and brings his can -do attitude to work every day. Currently, his primary role at ESS is to provide grant compliance monitoring, QA/QC support for all grant applications and funding opportunities. His work ethics coupled with his passion for helping build stronger communities is demonstrated in his work and aligns with our ideals and qualities at ESS. James is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates. Relevant Experience Clean Water State Revolving Fund — Cities of Sacramento and Carlsbad, Valley Sanitary District, CA James has been working on submitting CWSRF applications to upgrade various components of wastewater treatment systems ranging from $4.5 to $35 million projects. Local Partnership Program (LPP) Grant, City of Carlsbad and Long Beach, CA Responsible for final QA/QC during the LPP grant writing process and assisted with various research, mapping, and other tasks in order to submit the application fully and promptly. FEMA/CaIOES Grant Applications, Cities of Pasadena, Sacramento, Belvedere, Oceanside, CA Responsible for preparation of supporting documentation and estimates for a variety of projects including seismic retrofit of Dam structures, City Hall and parking structure, bridge, reservoirs, and a sea wall project that met the approval of CalOES. Grant Compliance — City of Santa Ana, CA Responsible for compliance of multiple projects with multiple sources of funding, preparation of progress reports and reimbursement forms. BOR WaterSMART Drought Resiliency Grant, Long Beach Water Department, Santa Clarita Valley Water Agency, City of Santa Ana, City of Sacramento, CA Responsible for final QA/QC during the BOR WaterSMART Drought Resiliency Projects grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the application promptly. Worked on 4 applications simultaneously and submitted all applications successfully and on -time. Each application was for $2 million in federal grant funding. BOR WaterSMART Water Energy and Efficiency, Santa Clarita Valley Water Agency, Olivenhain Municipal Water District, Desert Water Agency, City of Santa Ana, San Bernardino Municipal Water District Responsible for final QA/QC during the BOR WaterSMART Water Energy and Efficiency grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the applications fully and promptly. He worked on 6 applications simultaneously for this opportunity. Each application applied for $500,000 federal grant funding. 45 City Council 20 —112 9/20/2022 EXHIBIT C City Council 20 —113 9/20/2022 'I lIh i;ULI]F'N i' I Y I•17�.. NI]:.I] ILL City of Santa Ana Proposal to Provide: Water, Sewer, and Public Works Grant Writing [3ngineering [kolutions Elervices Services FEE PROPOSAL July 25, 2022 Submitted by Engineering Solutions Services, Inc. 23232 Peralta Drive, Suite 112 Laguna Hills, CA 92653 (949) 797-6055 City Council 20 —114 9/20/2022 APPENDIX ATTACHMENT 4: PROPOSER FEE SCHEDULE The proposer shall complete this form and include it along with the billing rates breakdown. Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and a Project Fee Schedule. COMPANY NAME (date) TITLE BILLING RATE Monthly Report on Grant Funding Availability $ 0 /month Job Classifications • Project Manager/Coordinator $ 170 /Hour • Grant Writer $ 160 /Hour • Administrative Assistant $ 73 /Hour Additional Job Classifications • Project Engineer/Environmental Specialist$ 150 /Hour • CADD Operator/Grant Support $ 145 /Hour • Technical Experts $ 185 /Hour • Reproduction $ At Cost /Hour • Courier Service $ At Cost /Hour • Transportation for Audits $ 0.591mile /Hour $ /Hour $ /Hour City of Santa Ana RFP 22-064 Page 27 City Council 20 —115 9/20/2022 AGREEMENT WITH MNS ENGINEERS TO PROVIDE ON CALL GRANT WRITING SERVICES THIS AGREEMENT is made and entered into this 20th day of September 2022 by and between MNS Engineers, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 29, 2022, the City issued Request for Proposal No. 22-064, by which it sought a consultant having special skill and knowledge in the field of Water, Sewer and Public Works grant writing services. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-064. 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 contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in RFP No. 22-064, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide grant writing services on an on -call basis under RFP 22- 064. The total compensation for these services provided by all such contracts selected under RFP 22-064 shall not exceed the shared aggregate amount of Two Million, Three Hundred Seventy -Five Thousand Dollars and Zero Cents ($2,375,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals City Council , 20 —116 9/20/2022 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 19, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 CONSULTANT 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. 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 Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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. City Council - 20 —117 9/20/2022 7. 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. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general 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. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the 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 if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). City Council - 20 —118 9/20/2022 2. Primary Coverage: For any claims related to this contract, the Consultant'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 Consultant'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: Consultant hereby grants to City 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 waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require 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. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): 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 (S) 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 (S) years after completion of work. City Council 4 20 —119 9/20/2022 8. 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 requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the 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. 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of 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 subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, as amended effective 1/l/2018, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, as amended effective 1/l/2018, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. City Council 5 20 — 120 9/20/2022 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and reasonable attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. 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. 11. 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. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided City Council 6 20 — 121 9/20/2022 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 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: MNS Engineers, Inc. Attn: Jeff Edwards, Vice President 100 E. Thousand Oaks Boulevard, Suite 105 Thousand Oaks, CA 91360 (805) 648-4840 j edwards(kmnsengineers. com 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. City Council 7 20 — 122 9/20/2022 15. 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. 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. 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 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. 18. 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. 19. 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, City Council 8 20 — 123 9/20/2022 California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. 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. 21. 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. In the event of any conflict or inconsistency between the terms and conditions in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Kristine Ridge Clerk of the Council City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney By: 4019V randon Salvatierra Name: Deputy City Attorney Title: [signatures continued on next page] City Council 9 20 — 124 9/20/2022 RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency City Council 10 20 — 125 9/20/2022 EXHIBIT A City Council 20 — 126 9/20/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER, SEWER AND PUBLIC WORKS PROGRAMS GRANT WRITING SERVICES RFP NO.: 22-064 Introduction and Background: The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 335,000 people. The City of Santa Ana Public Works Agency is soliciting proposals from professional firms for grant writing services. The primary emphasis will be seeking grant related funds for Water and Sewer programs all other programs will be secondary. In the past the City has utilized professional grant writing consulting firms on as needed basis to meet the goals and objectives of the City. The goals of this proposal for consulting services are to identify areas of funding needs, grant research and funding, development, and grant program administration and delivery to the City's Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide grant writing services. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. Description of Work: The Consultant/s will seek funding opportunities primarily for water and sewer programs, secondarily for all other programs with an emphasis on securing funds for capital projects. The selected consultants are expected to search for relevant grant opportunities and inform the City of their applicability. When relevant grant opportunities are identified and approval to proceed is granted by City, the consulting firm shall prepare the necessary grant application documents and submit grant applications on behalf of the City for approval or fully support the City in applying. All the work shall be coordinated with Public Works Agency personnel. The successful firm(s) shall have experience in grant writing, grant program development and administration for Federal, State, and Local entities including and not limited to: • US Department of Commerce -Economic Development Administration (Public Works and EAA programs) • US Department of Housing and Urban Development (CDBG) • US Department of Interior -Bureau of Reclamation • California Department of Water Resources City Council 20 — 127 9/20/2022 City of Santa Ana RFP 22-064 Page 11 • California Water Quality Control Board • California Water Resources Control Board • Air Quality Management District (AQMD) • Mobile Source Air Pollution Reduction Review Committee (MSRC) • State of California Department of Parks and Recreation; various programs and Bond Acts (Office of Grants and Local Services OGALS) • State of California Natural Resources Agency • State of California Coastal Conservancy The funding sought is intended to support contemplated programs for, among other things: • Recycled water • Infrastructure replacement • Automated Metering Infrastructure • Green infrastructure/solar panels • Conservation/outreach enhancements • Sewer septic tank removals/conversions • Alternative (RNG/CNG/Propane) fuel vehicles/infrastructure • EV charger infrastructure • Park Land Acquisitions • Park Development (Capital Improvements) • Park Deferred Maintenance Projects The following are typical service and or items that the successful Consultant(s) will be required to provide for the City of Santa Ana. Funding Needs Analysis — Conduct current funding priority needs analysis and identify new priority areas for funding in conjunction with Staff. Outside Funding/On-Call Research — Conduct research and identify third -party funding sources that support the Public Works Agency, funding needs and priorities. This scope includes researching grant opportunities independently as well as any identified by the City. Funding Proposal Development — Provide proposal writing associated with funding applications on behalf of the City of Santa Ana, including the preparation of funding abstracts, production and submittal of applications to funding sources. The City understands that many applications require technical details,. City staff will provide technical data as necessary but it is expected that the consultant(s) will perform the majority of work required to generate funding applications. Once applications are finalized, consultant will provide a copy of each application package for funding to the City prior to submittal and review the package with City staff. Program Administration and Delivery — The Consultant(s) will be required to provide grant administration and coordination services as part of this proposal including, but not limited to, coordinating with City staff to provide expenditure reports and submit reimbursement requests, preparing Resolutions and Staff Reports for City Council consideration, coordinating with funding sources' staff, and submitting periodic status update reports to City. City Council 20 — 128 9/20/2022 City of Santa Ana RFP 22-064 Page 12 On a monthly basis, the Consultant(s) shall provide the City summaries of potential funding opportunities. The summaries shall include, but not limited to the name of the funding agency, due dates for applications, eligibility, and program summary and funding level available. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. Availability of staff time to assist with the preparation of grant application documents is limited. Selected consultant is expected to perform a substantial amount of research and data gathering independently. City staff will provide system information and data as available in an effort to develop the best grant application package possible. City Council 20 — 129 9/20/2022 City of Santa Ana RFP 22-064 Page 13 EXHIBIT B City Council 20 — 130 9/20/2022 rCJ M N S CITY OF SANTA ANA July 25, 2022 PROPOSAL TO PROVIDE Water, Sewer, and Public Works Grant Writing Services, RFP No. 22-064 MNS ENGINEERS, INC. 1 100 E. Thousand Oaks Boulevard, Suite 105 1 Thousan Was, 805.648.4840 Office I mnsengineers.com CJMNS July 22, 2022 IVI N S City of Santa Ana DETAILS Attention: Kathia Reyes Public Works Agency Legal Name 220 S. Daisy Street, 1st Floor Reception, Administration Building MNS Engineers, Inc. Santa Ana, CA 92703 Firm Ownership Type C-Corporation RE: Water, Sewer, and Public Works Grant Writing Services Year Firm Established RFP No. 22-064 1962 Dear Ms. Reyes: California Department of Industrial Relations (DIR) Thank you for the opportunity to submit this proposal to provide Water, No.1000003564 Sewer, and Public Works Grant Writing Services for the City of Santa Corporate Office Ana (City). We have reviewed and based our response on the details 201 N. Calle Cesar Chavez, provided in the Request for Proposal (RFP) and posted Questions and Suite 300 Answers. MNS Engineers, Inc. (MNS) provides quality infrastructure Santa Barbara, CA 93103 consultant services to the water resources, transportation, federal, and 805.692.6921 Office government services markets throughout California. 805.692.6931 Fax www.mnsengineers.com Grant writing success at MNS has been growing steadily along with a greater pool of diverse expert resources since the inception of a Local Office 100 E. Thousand Oaks grant writing practice in 2015. Our resources are knowledgeable in Boulevard, Suite 105 the following categories: parks and recreation, energy efficiency/ Thousand Oaks, CA 91360 sustainability, active transportation, economic development, 805.648.4840 Office/Faxwww. transportation and traffic, public facilities, water resources, and air mnsengineers.com quality. Our particular strength in grant writing is preparing applications project Contact that require engineering, scientific, and technical expertise. Our grant Greg Jaquez, PE, Principal writers are exceptionally capable of handling any topical material as Project Manager/Grant Writing they are highly adaptable, critical, and analytical thinkers. Manager The MNS g team as successfully secureover d $270M 323.797.1498 Mobile in grants to support various water resources, transportation, and gjaquez@mnsengineers.com environmental project needs. Authorized signature Jeff Edwards, Vice President MNS has assembled the most qualified and experienced professional 805.331.4848 Mobile team to successfully serve under this contract. Leading the MNS team jedwards@mnsengineers.com is Principal Project Manager, Greg Jaquez, PE, who will be the primary Acknowledgments point -of -contact for this contract. Greg will be responsible for working MNS acknowledges the receipt directly with the City staff to ensure the MNS staff possesses the expertise of Addendum No. 1, issued July specific to the task or project at hand, resulting in providing the City with 19, 2022. the best team. He has over 35 years of experience in the civil engineering Agreement Terms industry ranging from transportation planning, bikeway and pedestrian MNS has reviewed the facility planning and project management, public infrastructure Standard Agreement, coordination with railroads, traffic engineering and community traffic Attachment 2, and provided comments in Appendix C. City Council 20 — 132 9/20/2022 > CIVIL ENGINEERING > CONSTRUCTION MANAGEMENT > LAND SURVEYING rCD MNS calming, stormwater management planning, water resources policy, legislative management, grants management, and legislative advocacy. Greg will be supported by key MNS team members, Dr. Monica Killen, PhD, Senior Grant Writer and Beth Reineke, Grant Writer/Water Resources Specialist. MNS is proud of the level of grant writing services we provide to public agencies. We look forward to the opportunity to continue working with the City of Santa Ana and support your community improvement needs. Please contact our Principal Project Manager/Grant Writing Manager, Greg Jaquez, PE, at 323.797.1498 or gjaquez@mnsengineers.com with any questions you may have about our qualifications. Thank you for your consideration. Sincerely, MNS Engineers, Inc. Jeff Edwards, Vice President City Council 20 — 133 9/20/2022 > CIVIL ENGINEERING > CONSTRUCTION MANAGEMENT > LAND SURVEYING JMNS Idi Contents Section 1. Understanding of Need 1 Section 2. Firm and Team Experience 2 Section 3. Relevant Experience 8 Section 4. References 14 Section 5. Scope of Work 15 Appendix A. Required Forms and Certifications A-1 Appendix B. Resumes B-1 Appendix C. Standard Agreement C-1 City Council 20 — 134 9/20/2022 CONTENTS �MNS ISection 1. Understanding of Need PROJECT UNDERSTANDING Our Principal Project Manager/ Grant Writing Manager, Greg Jaquez, PE, is intimately familiar with the water resources policies and practices in California. Greg's in-depth knowledge comes from having served in high-level staff positions in Los Angeles County where he developed expert - level understanding of state and regional water policy. This also includes extensive participation in and interaction with Integrated Water Management (IRWM) regions around the state, including the Santa Ana River Watershed IRWM Regional Water Management Group administered by the Santa Ana Watershed Project Authority (SAWPA). This kind of familiarity provides the foundational basis for understanding the mission, ongoing needs, and future of the City of Santa Ana (City). groundwater, imported water, and recycled water with imported water supplied by the Metropolitan Water District of Southern California (Metropolitan) and recycled water supplied by Orange County Water District. The City's Metropolitan membership also affords the City with access to funding programs provided by Metropolitan. The City's groundwater resources are drawn from the Orange County Basin. Santa Ana is the second most populated city in Orange County with a total population over 330,000 with over 45,000 water service connections, 510 miles of water mains, and 450 miles of sewer mains. Further understanding of the City's water resources background is based on its own policy documents including, but not limited to: • Water Master Plan • 2020 Urban Water Management Plan • Capital Improvement Program • Sewer Master Plan • City of Santa Ana Hazard Mitigation Plan • City of Santa Ana Climate Action Plan • State Water Resources Control Board (SWRCB) Emergency Water Conservation Regulation The City has a complex portfolio . -t„ "C-;AQPQI 121QA CitVt)bgh 'ilsupply sources including 20 — 135 9/20/2022 SECTION 1. UNDERSTANDING OF NEED E JMNS WISection 2. Firm and Team Experience Company Background and References MNS Engineers, Inc. (MNS) Firm Type C-corporation established in 1962 No.1000003564 Greg .laquez, Principal Project Manager/Grant Writing Manager 323.484.5737 1 gjaquez@ mnsengineers.com Established in 1962, MNS provides quality infrastructure consulting services to the transportation, water resources, and government service markets throughout California. We specialize in the core services of civil engineering, construction management and inspection, land surveying, and specialty municipal services such as grant writing. We understand the technical, environmental, Firm Expertise Grant Writing Our grant writing team includes staff with PhD credentials, licensed civil engineers, and experts in their field. In addition to our Principal Project Manager, our senior team members are efficient and effective project managers in their own right, capable of managing multiple projects at a time. The MNS grant writing team possesses an expert -level ability to support clients beyond grant writing tasks by providing planning, engineering, and economic analysis support, when needed, to conduct special studies and develop project concepts. MNS provides grant writing services in the following areas: • Water Supply • Natural Resources • Wastewater/Recycled Water • Environmental Sustainability • Infrastructure Improvements • Community Development • Parks and Recreation and regulatory aspects that • Disaster Relief may be required for this on -call • Economic Development contract. We are experienced and . Emergency Preparedness and Hazard knowledgeable with utility and CityrQ �iency coordination. 20 — 36 9/20/2022 SECTION 2. FIRM AND TEAM txrLKitivCE � MNS • Environmental Sustainability • Transportation MNS understands the potential grant successes can have for the City. Strategic pursuits of certain types of grants can have a transformative effect on the City's financial stability, image, and role in the local economy MNS is independent and properly licensed to practice in California. MNS has assembled the most qualified and experienced team to successfully serve under this contract. Leading the MNS team is Principal Project Manager/Grant Writing Manager, Greg Jaquez, PE, who will be the primary point -of - contact for this contract. Greg has over 36 years of experience in the civil engineering industry including infrastructure project management, stormwater management, water resources policy, legislative management, grants management, and legislative advocacy. Greg is responsible for working directly with the City staff to ensure MNS team members have the expertise specific to the task or project at hand, resulting in providing the City with the best team. Prior to working at MNS, Greg had a 29-year career with the County of Los Angeles and the Los Angeles County Flood Control District where he served as Water Policy Manager, Grants Manager, and staff support for the Greater Los Angeles County (GLAC) Integrated Regional Water Management (IRWM) Region. While at the County, Greg succeeded in securing a $1M WaterSMART Basin Study partnership with the Bureau of Reclamation. The Los Angeles Basin Stormwater Conservation Study was a first -ever climate - change -based water supply study for the Flood Control District. Greg is committed to the success of the assigned tasks completed through this contract He understands the products well before due dates. He places a high value on communicating regularly with the project team to ensure resources are available to accomplish the work and appropriate quality assurance/quality control (QA/QC) reviews are performed on every deliverable, and communicating with City staff on progress, concerns, and coordination issues. Our grant writing team includes staff with PhD credentials, licensed engineers, and experts in their field with most having greater than 15 years of experience. In addition to our Principal Project Manager, our senior team members are efficient and effective project managers and can manage multiple projects at a time. Experience with Successful Grant Awards MNS has successfully worked with multiple cities across California providing grant writing services for various municipal needs. Grant successes with cities have resulted in funding infrastructure projects in transportation, active transportation, potable water, wastewater, groundwater, stormwater, parks, sustainability, and public facilities. MNS has worked with cities in the capacity of grant writer, planner, Design Engineer, public outreach specialist, and legislative advocate. MNS makes concerted efforts to stay engaged with grant making agencies to maintain productive relationships with agency staff. Some of our most regular and closest contacts include staff at the California Transportation Commission, Caltrans, Department of Water Resources, State Water Resources Control Board, State Parks, Department of Housing and Community Development, Federal Highway Administration (FHWA), US Department of Transportation (USDOT), and Bureau of responsiveness, thoroughness, and quality Reclamation. expected while staying within budget, providinttj" iM,yice, and delivering work 20 — 137 9/20/2022 SECTION 2. FIRM AND TEAM EXPERIENCE CD MNS Selecting the MINIS Team MNS has established a solid presence in California for over 60 years. Our reputation is built on constant communication and providing quality services that meet and often exceed client expectations. Our commitment to quality assurance/quality control is unmatched; we ensure our project's quality and efficiency from start to finish. Furthermore, our commitment to our clients shows we have evolved as an industry leader. Here are reasons why our clients choose us time and time again: • Customer service is our first priority. Constant communication is vital to the success of your project. Our team members will see your project requirements and vision to fruition. • Committed to our communities. Our team takes great pride in the quality of our projects, knowing that our clients and future generations will benefit from their use for years to come. • Best of both worlds. As a California -based mid -sized company, we offer a depth of resources and services that allows us to deliver superior quality and service. Our ability to tackle large-scale endeavors without driving up costs or sacrificing personalized service makes us stand out as a client favorite. City Council 20 — 138 9/20/2022 SECTION 2. FIRM AND TEAM EXPERIENCE E JMNS Key Staffing Summary Greg Jaquez, PE Principal Project Manager/Grant Writing Manager For this contract, Greg will oversee project delivery and provide general guidance on all grant writing and research tasks for the City. Monica Killen, PhD Senior Grant Writer For this contract, Monica will be the task manager assigning grant writing and research roles across the team, provide an initial level of quality control oversight, and be a content contributor for grant writing. Beth Reineke Grant Writer/Water Resources Specialist For this contract, Beth will be the lead technical writer with responsibility for contributing technical content and assuring technical accuracy across the entire work product. Nick Panosky, PE, QSD Water Resources Specialist For this contract, Nick will be the advisor for water resource technical accuracy, preliminary engineering scoping, and cost estimation. Michael Ip, PE, QSD Transportation/Traffic Engineer For this contract, Michael will serve as the advisor for transportation technical accuracy, CouncilCity 1 • 9/20/2022 SECTION 2. FIRM AND TEAM EXPERIENCE �MNS Senior Grant Writer Monica Killen, PhD Associate Grant Writer Taylor Gullikson Principal Project Manager/ Grant Writing Manager Greg Jaquez, PE Grant Writer Helen Maggitti Transportation/ Traffic Engineer Michael ID. PE. QSD Grant Writer/Water Resources Specialist Beth Reineke Water Resources Engineers Nick Panofsky, PE, QSD Tvler Hunt, PE. QSD/QSP Key team members are designated with this icon (,.). Our key team members are committed for the duration of this on -call contract. MNS understands we will work as an extension of the City staff. Staff and Availability Current Workload. We have sufficient staffing in all survey disciplines to efficiently address your needs. We also have overlapping experience so that workloads can shift if accommodations are necessary. Greg Jaquez, PE I Principal Project Manager/Grant Writing Manager Mr. Jaquez specializes in public works staff augmentation, infrastructure project management, and grant writing. Greg's additional experience includes stormwater management planning, water resources policy, legislative 35 Years of management, grants management, transportation planning, bikeway and Experience pedestrian facility planning and project management, public infrastructure coordination with railroads, traffic engineering and community traffic calming, and federal advocacy. Monica Killen, PhD I Senior Grant Writer Dr. Killen has worked in the public sector for over 17 years with experience in the areas of grant writing, outreach, project management, park and recreation management, legislative staffer, and higher education. Dr. Killen's expertise in 17 Years of grant writing stems from years of experience writing grant applications and Experien— legislative proposals. City Council 20 — 140 9/20/2022 SECTION 2. FIRM AND TEAM EXPERIENCE JMNS Beth Reineke I Grant Writer/Water Resources Specialist Ms. Reineke has over 19 years of experience providing environmental services including compliance, reporting, and permitting for National Pollutant Discharge Elimination System (NPDES), California Environmental Quality Act (CEQA), United 19 Years of States Environmental Protection Agency (EPA), and Certified Unified Program Experience Agencies (CUPA). Beth is adept at managing complex databases and large collections of reports and compliance schedules. Nick Panofsky, PE, QSD I Water Resources Engineer Mr. Panofsky has over 16 years of professional consulting experience in the water resources industry. Nick has advanced his expertise through a variety of municipal infrastructure design projects including potable water, recycled water, 16 Years of wastewater, and stormwater. He has been involved in every stage of the design Experience process, including planning, analysis, design, construction management, and operational assistance. He actively manages projects to meet both technical and financial goals. Michael Ip, PE, QSD I Transportation/Traffic Engineer Mr. Ip is a Principal Engineer with 28 years of experience specializing in the { design and management of transportation facilities and capital improvement projects. Michael's technical experience includes all project phases, 28 Years of including project reports, planning, design, and construction management. Experience His management experience includes oversight and direction of technical professionals, client liaison, quality control, subconsultant coordination, public outreach and resources allocation to ensure the timely delivery of project deliverables. Ms. Maggitti is proficient in communicating and collaborating with agency Helen Maggitti Grant Writer 3 staff and project stakeholders to develop robust documents, plans, and ordinances. Taylor Gullikson Ms. Gullikson's expertise includes grant writing, environmental monitoring and Associate Grant 3 inspection, and preparing stormwater regulatory compliance reports; and Writer services to fulfill municipal stormwater permit requirements. Mr. Hunt has over 22 years of experience in the water resources/wastewater Tyler Hunt, PE, industry. Tyler's expertise includes project management, water/wastewater QSD/QSP 22 conveyance, site improvements, wastewater treatment, wastewater Water Resources reclamation, irrigation and water delivery, stormwater pollution prevention, Engineer low -impact development (LID), water system consolidation, and municipal SECTION 2. FIRM AND TEAM EXPERIENCE CD MNS ISection 3. Relevant Experience Clients Cities of San Gabriel, Glendora, and La Canada Flintridge Greg DeVinck, Supervising Civil Engineer 626.308.2825 1 gdevinck@sgch.org Contacts Alison Sweet, Director of Public Works/City Engineer 626.914.8260 1 asweet@cityofglendora.org Patrick DeChellis, Director of Public Works 818.790.8880 1 pdechellis@lcf.ca.gov Dates of Service O1/2020 - 04/2020 Personnel Greg Jaquez $900K For each of these three cities, MNS recommended the respective Awarded project pursuits, developed the general project scopes, prepared the funding application to the SCW program, and represented the cities as owpresenter and spokesperson to the respective SCW Steering Committees. City Council 20 - 142 9/20/2022 SECTION 3. RELEVANT EXPERIENCE CJMNS Client Los Angeles Department of Water and Power Contact Terrence McCarthy, Contract Administrator 213.367.0925 1 terrence.mccarthy@ladwp.com Dates of Service 06/2018 - 02/2019 Personnel Greg Jaquez $232.6M MNS collaborated with LADWP staff and their consultant design team to prepare Awarded two grant applications for the North Hollywood Central Groundwater Remediation fl= �i Project and the Tujunga Groundwater Remediation Project, respectively. Highly technical study documents were interpreted for use in responding to grant application requirements. MNS also prepared project scheduling documents to correspond to grant program requirements. The two projects are part of a historic multi -year effort to remediate contamination in the San Fernando Groundwater Basin. WRFP application to the State Water Resources Control Board. Client City of Rolling Hills Contact Elaine Jeng, City Manager 310.377.1521 1 ejeng@cityofrh.net Dates of Service 03/2019 - 10/2019 Personnel Greg Jaquez, Monica Killen $2,gM MNS prepared a set of three Hazard Mitigation Grant (HMG) applications for a Awarded Wildfire Protection Plan, the Eastfield Drive Utility Undergrounding Project, and the �i Wildfire Fuel Breaks Project. Wildfire Protection Plan (WPP). In addition to preparing narratives for application forms and attachments, MNS developed the scope description for the WPP, cost estimate breakdown for plan development, and delivery plan to complete the WPP through public outreach and interjurisdictional coordination. Eastfield Drive Utility Undergrounding Project. In addition to preparing narratives for application forms and attachments, MNS collaborated with an electrical engineering firm to develop the project scope and cost estimate. Fuel Breaks Project. Upon discovering the City's proposed locations to design and construct wildfire fuel breaks were infeasible, MNS reviewed alternate potential City Ca tBciland developed concept plans Q904d43nates for the fuel 1*2akZ022 SECTION 3. RELEVANT EXPERIENCE E CJMNS Client Contact Dates of Service Personnel Los Olivos Community Services District Lisa Palmer, Chair of the Board of Directors 805.500.4098 1 lisa@lpalmerconsulting.com 11/2018 - 03/2019 Greg Jaquez $150K MNS developed a Plan of Study for a Project Report following the guidelines of Awarded the Clean Water State Revolving Fund (CWSRF) and the Water Recycling Funding �i Program (WRFP). The Project Report will determine the feasibility and selected alternative for a wastewater collection system, wastewater treatment plant, and groundwater replenishment injection well system for the Los Olivos Community Services District (LOCSD). The unincorporated Los Olivos community in Santa Barbara County manages its wastewater with onsite wastewater treatment systems (septic tanks) on private parcels. LOCSD was seeking to develop a comprehensive wastewater collection and treatment system with provision for beneficial use of its treated wastewater. The Plan of Study was submitted with a WRFP application to the State Water Resources Control Board. Client Castroville Community Services District Contact Eric Tynan, General Manager 866.803.2456 1 eric@castrovillecsd.org Dates of Service 01/2022 - 06/2022 Personnel Greg Jaquez, Beth Reineke, Nick Panofsky $3M MNS provided technical and grant writing services for the Washington Street Sewer Awarded Bypass project. Once completed, the project will eliminate surcharge issues in �i the existing sewer line and provide additional sewer capacity for much needed housing development. City Council 20 - 144 9/20/2022 SECTION 3. RELEVANT EXPERIENCE U CJMNS Client Los Angeles Department of Water and Power Contact Terrence McCarthy, Contract Administrator 213.367.1454 1 terrence.mccarthy@ladwp.com Dates of Service 04/2020 - 06/2020 Personnel Greg Jaquez, Monica Killen $6M MNS prepared a Proposition 1 Stormwater Implementation Grant application for Awarded the Valley Village Park Stormwater Project. To minimize the region's dependence �i on imported water, the project will capture 158 AFY of runoff from a 453-acre tributary area and recharge the San Fernando Valley Groundwater Basin. The project consists of installing a 0.65-acre underground infiltration gallery at Valley Village Park. Construction of the underground infiltration gallery includes installation of a storm drain diversion structure, stormwater pipeline, two hydrodynamic separator (HDS) units, flow measuring devices, and maintenance holes. Client City of Tehachapi Contact John Schlosser, Development Services Director 661,722,2299 xl I jschlosser@tehachapicityhall.com Dates of Service 04/2017 - 05/2017 Personnel Greg Jaquez $889K MINIS prepared the grant application for its Citywide Tree Planting and Stormwater Awarded Capture Project for submittal to the California Natural Resources Agency. wo'�;O� Additional services provided were project scope development and cost estimation. Application materials included graphical exhibits, cost estimate table, renderings, and greenhouse gas reduction calculations. City Council 20 - 145 9/20/2022 SECTION 3. RELEVANT EXPERIENCE U CJMNS Client Contact Cities of Soledad and Greenfield Donald Wilcox, Director of Public Works 831.223.5124 1 dwilcox@@cityofsoledad.com Jesus Perez, Recreation Coordinator 831.236.1230 1 jperez@ci.greenfield.ca.us Dates of Service 2019 (Soledad) 12020 - 2021 (Greenfield) Personnel Greg Jaquez, Monica Killen, Helen Maggitti $16.1M For the City of Soledad, MNS prepared the grant application and provided public Awarded outreach support for the new Orchard Lane Park Project. MNS provided concept 'i development designs and cost estimates in conjunction with the City's contracted landscape architect. The grant application secured $7.6M. For the City of Greenfield, MNS prepared a Proposition 68 Statewide Park Program grant application for the proposed Greenfield Park and Community Center. MNS did all of the grant writing and assisted the City with production of public outreach materials. The grant application secured $8.5M.Application materials included graphical exhibits, cost estimate table, renderings, and greenhouse gas reduction calculations. Client City of Newark Contact Jayson Imai, Assistant City Engineer 510.578.4671 1 jayson.imai@newark.org Dates of Service 03/2021 - 05/2021 Personnel Greg Jaquez, Monica Killen, Helen Maggitti, Taylor Gullikson $5.4M MNS prepared a FLAP Grant application for the Thornton Avenue Cycle Track Awarded Project. Greg defined the project concept, prepared a conceptual plan layout, lw'S and prepared a preliminary cost estimate. Monica played a key role in helping manage the MNS grants team in preparing the application and conducting required public outreach. The grant application secured $5.4M. Application materials included graphical exhibits, cost estimate table, renderings, and greenhouse gas reduction calculations. City Council 20 - 146 9/20/2022 SECTION 3. RELEVANT EXPERIENCE � M N S GRANT WRITING, MANAGEMENT, AND RESEARCH EXPERIENCE Agency 16:Al& StatusADDITIONAL roject Name ._ AL AIIIIIIIIIIIIN6 Inv. _. City of Stockton Highway Safety Improvement Program (HSIP) Cycle $2M secured Greg Jaquez 10 City of Soledad Highway Safety Improvement Program (HSIP) Cycle 9 $250K secured Greg Jaquez City of Monrovia Southern California Association of Governments $5O0K secured Greg Jaquez, (SCAG) Future Communities Pilot Program Monica Killen City of Santa Ventura County Transportation Commission $266K secured Greg Jaquez Paula (VCTC) Community Multiscale Air Quality (CMAQ)/ Transportation Development Act (TDA) Call for Projects City of Glendora Highway Safety Improvement Program (HSIP) $15OK secured Greg Jaquez Southern California Association of Governments (SCAG) Sustainable Communities $250K secured City of Pittsburg Highway Safety Improvement Program (HSIP) Cycle 7 $265K secured Greg Jaquez City of Pittsburg Highway Safety Improvement Program (HSIP) Cycle 7 $547K secured Greg Jaquez City of Buellton Active Transportation Program (ATP) Cycle 3 $684K secured Greg Jaquez LA County Flood Bureau of Reclamation $1M secured Greg Jaquez Control District City Council 20 — 147 9/20/2022 SECTION 3. RELEVANT EXPERIENCE JMNS 01 Section 4. References Greg DeVinck, Supervising Civil City of San Engineer Gabriel Ph 626.308.2825 Email gdevinck@sgch.org Elaine Jeng, City Manager City of Rolling Hills Ph 310.377.1521 Email ejeng@cityofrh.net Safe, Clean Water Program California Governor's Office of Emergency Services (CalOES)/ Federal Emergency Mana ement Agency (FEMA) Hazard Mitigation Grant Lisa Palmer, Chair of the Board of Los Olivos Directors Water Recycling Funding Community Ph 805.500.4098 Program (WRFP) Planning Services District Grant Email lisa@lpalmerconsulting.com Donald Wilcox, Director of Public Works City of Soledad Ph 831.223.5124 Proposition 68 Statewide Park Program Email dwilcox@cityofsoledad.com Jesus Perez, Recreation Coordinator City of Greenfield Ph 831.236.1230 Proposition 68 Statewide Park Program Email jperez@ci.greenfield.ca.us Jayson Imai, Assistant City Engineer Federal Lands Access City of Newark Ph 510.578.4671 Program Grant,Thornton Avenue Cycle Email jayson.imai@newark.org Track City Council 20 — 148 9/20/2022 cu i iuiv ff. nr-rr-ritNCES U �MNS ISection 5. Scope of Work PROJECT SCOPE OF WORK Communicate Grant Opportunities to City Staff In conjunction with the sources of information stated above, MNS will independently conduct research using online resources such as the US Census, Department of Water Resources (DWR) DAC Mapping Tool, CalEnviro Screen 4.0, and the new US Environmental Protection Agency (EPA) EJScreen mapping tool. This research will be used to gather data and guide our consultation to City on how demographics within the CITY service area play a role in competing for funding. Having served the waterworks industry throughout California for decades, MNS understands the essentials of waterworks and wastewater infrastructure how it benefits or effects the ratepayer. MNS takes this same approach when developing a grant pursuit strategy for a waterworks or wastewater client. In the final tally, a successful grant pursuit must meet defined goals for improved service delivery and infrastructure life extension. The MNS approach to grant pursuit strategy accounts for the agency's characteristics and its eligibility for various funding sources. MNS will examine a funding sources eligibility requirements, including matching fund requirements, to develop a strategy that can garner the maximum in grant dollars with the least investment necessary. For example, the Drinking Water State Revolving Fund (DWSRF) and Clean Water State Revolving Fund (CWSRF) are mostly funded with Federal dollars and managed by the SWRCB. SRF funds taken as a loan can be used as matching funds to any state or Federal grant program. Similarly, a California Infrastructure Bank (iBank) loan can serve the same matching funds purpose, however, an agency can secure eligibility for an iBank loan without operations, and finance. MNS actually entering into a loan agreement. By understands how every endeavor securing the iBank loan, the agency can use mi ict hp. yop-wPri \niith n fnrt is nn this documentation as proof of matching City Council f2 Q1s1l4i8t can substitute it 19�20i�022Dcond SECTION 5. SCOPE OF WORK rCD MNS grant is secured to match the first grant pursued if won. Another important strategy for submitting grant applications is the regionalism approach. The City is bound together with other entities through hydrology, shared (adjudicated) groundwater resources, and institutions such as SAWPA. Regional, multiagency grant proposals are often favored by various granting agencies and can also involve a multiple -fund -source strategy. MNS understands the City has numerous infrastructure projects for the next six fiscal years as identified in the Capital Improvement Program, some of which may have potential for grant funding. MNS is prepared to work closely with City representatives staff by attending recommended meetings and maintaining ongoing communication regarding new and existing grant programs. Communications of grant opportunities to City staff can be in the following forms: • Regular standing meetings with an informational document • Email communication with informational summary document • Informal email with summary information Grant informational summary documents will include all of the critical details about the grant opportunity including: • Grant program name and granting agency • Grant application due date • Applicant eligibility requirements • Project eligibility requirements • Grant maximum and minimum request and award • Applicant matching fund requirements • Scoring criteria • Partnership requirements or desirability • Public engagement requirements At any time, communication of a grant opportunity needs to be more formalized as with a presentation to executive staff of the City, the City Manager, or City Council. MNS is prepared to produce an and easy -to -follow slide presentation in collaboration with City staff and act as presenter. Research and Monitor Grant Funding Opportunities MNS will reach out to the City's key staff to identify current and projected funding priority areas. MNS can subsequently facilitate presentations to City staff related to new and forthcoming grant opportunities. Based on information gathered from meetings with City staff and department leadership, MNS will work closely with the City staff and key project stakeholders to collect and utilize the most up to date and readily available information for grant research. MNS will provide periodic updates of upcoming federal, state, and local grant opportunities for subject areas that include, but are not limited to: • Water Supply Enhancement • Water Use Efficiency and Demand Management • Water Loss Elimination • Water Quality Enhancement • Energy Efficiency Enhancement • Sewer System Enhancement • Emergency Response and Hazard Mitigation • Environmental Enhancement • Regulatory Compliance • Infrastructure Expansion and Life Extension Key funding source agencies to monitor include, but are not limited to: • Bureau of Reclamation • Required or desired state of project • EPA readiness • FFNAA City Council 20 — 150 9/20/2022 SECTION 5. SCOPE OF WORK N �MNS • Department of Energy • US Army Corps of Engineers • US Fish and Wildlife Service • SWRCB • DWR • California Natural Resources Agency • California Department of Conservation • California Department of Housing and Community Development • California Department of Fish and Wildlife • Metropolitan Water District MNS will attend meetings, workshops, and seminars to develop the most thorough and definitive information and understanding of grant opportunities. MNS values attendance at these meetings and workshops, not only for the informational value, but also to develop and enhance relationships with grantor agency staff. Through in -person contacts at meetings and workshops, we can discern meaning, intent, and spirit behind grant opportunities that are not always understandable from grant guidelines and can change from grant cycle to grant cycle or with changes in grantor agency staff. For any particular grant opportunity that has potential to align with a City priority, MNS will conduct a Competitiveness Assessment to determine if pursuit of the grant is advisable. Prepare Pre -Application and All Grant Application/Proposal Materials Timing and project scheduling is often a significant factor in positioning for a grant opportunity. MNS will closely collaborate with City staff to monitor project development for the proper timing to align each project with the availability of the grant opportunity. Whenever feasible and reasonable, MNS will advise on preparatory steps the City can take to be positioned to submit an application within a scheduled timeline. MNS will advise including completion of an appropriate level of preliminary engineering, cost estimation, public outreach, support documentation, City Council resolution, and any other reasonable tasks leading up to a funding opportunity announcement. Thorough preparation in advance of a grant opportunity announcement enhances the quality of the grant application and lessens the stress often associated with short timelines between announcement and application due date. MNS understands the intricacies and balancing act of fashioning a project scope to reflect the desires of the grantee while maximizing the competitiveness of the grant application. MNS has a thorough understanding of how to analyze technical scoping and make the necessary recommendations to upsize, downsize, or alter project scope within the means of the grantee. MNS possesses the technical capability to evaluate project competitiveness for all types of infrastructure grants. The following is a sample task list for a typical grant writing process. MNS will act as the coordinating point on all matters pertaining to the development of the grant application at the discretion of City. The MNS Project Manager (PM) will be responsible for controlling the budget, schedule, quality of work, and progress of action items for tasks necessary to deliver the grant application. The PM will maintain a project file in which all project documents including draft and final application materials, schedules, budget documents, reports and studies, data, photo images, graphics, and correspondence will be stored. and support City staff on the prerequisite tasks th 1Wt69hTC9 e app ica ion process 20 — 151 9/20/2022 SECTION 5. SCOPE OF WORK E �MNS MNS will hold a kick-off meeting with the representatives of City to review the scope and schedule for completing the grant applications and to affirm the strategy for developing the application relative to the project funding needs. Communication with city will be ongoing as needed to exchange information and provide city opportunities to review draft work products. We will assume at least two more progress meetings may be held, but only as needed. MNS will be responsible for preparing agendas and meeting minutes for progress meetings. If needed, MNS will conduct a field investigation of the project sites under the direction of City staff. Field investigation will be an opportunity to make observations, take measurements, and gather photos of specific elements of the project location. MNS will collect and review information requested at the kickoff meeting as well as information independently researched. Information potentially needing to be provided by the City includes, but is not limited to, as -built drawings and operational data. Depending on the progress of scope development and the schedule requirements of the grant program, MNS will use collected information from Task 2.A and any necessary additional consultation with City staff to confirm the scope of project improvements. Scope descriptions will be presented in conceptual drawings of each project site which will be used as exhibits in the grant Unless already provided by City, MNS will use scope descriptions and measurements to produce preliminary cost estimates according to the construction items list funded by the grant program. The grant application will be prepared following the grant program content requirements and/or using the appropriate application forms following the instructions pertaining to the appropriate application category, if any. MNS will utilize collected information and the field investigation to develop narrative responses to applications questions, analyze numerical data to produce metric -based responses, and produce supporting attachments where applicable such as maps, preliminary plans, graphics, and data tables. For application responses based on work previously completed and outreach already conducted, MNS will work closely with City staff to expand the understanding and background behind efforts to date to capture the understanding behind the project's need, tell a compelling story, and fashion a precisely responsive narrative. Attachments to the application may include at a minimum the following: • Location or vicinity map • Plans showing existing and proposed conditions • Photos of existing conditions • Letters of support application. MNS will generate support letters from a variety of project stakeholders and any ipt sses, City Council 20 — 152 9/20/2022 SECTION 5. SCOPE OF WORK �J M N S or individuals which City staff might direct MNS to contact. The burden of letter writing will be minimized by MNS providing a draft support letter to each contact. Wording of the draft support letter can be modified or customized to reflect the interest of the person or organization offering support. A draft of the application with be submitted to City staff for review and comment. Upon receipt of comments from the City, MNS will incorporate the comments and make necessary revisions to the applications documents. MNS will conduct a final quality assurance/quality control (QA/QC) check of all application forms and attachments completeness, thoroughness, accuracy, spelling, and grammar. MNS will produce both electronic and hard copies of the final grant application as required in the application instructions. This proposal assumes MINIS will be responsible for submittal of the electronic copy of the application package. MNS recognizes City staff may have grant writing experience and may choose to write an application, however, they may need some writing assistance and/or additional capacity. MNS has worked with other public agencies to provide grant writing assistance and QA/ QC support during the writing process. This hybrid grant writing format is an excellent option to keep grant writing costs down. MINIS is prepared to provide this alternative option. Track Application Status and Respond to Funder Requests for Additional Information agencies to have application processes with open lines of communication and agency staff that will typically engage with questions about an application submittal. MNS will support the City in providing responses to DWR's questions in emails and any necessary changes to submitted documents. Grants Management The MNS PM can provide oversight of all post -award grant management tasks. The PM will ensure the MNS funding assistance team conducts proper and effective communications with contacts at grant funding agencies. The MNS funding assistance team will prepare invoices and disbursement requests and quarterly or periodic progress reports to submit to grant funding agencies, as required by program guidelines and/or a grant agreement. The MNS PM will ensure the accuracy of disbursement requests and thoroughness of periodic progress report content. The MNS PM will set QA/QC standards for all work products to the satisfaction of the City. Granting agencies may contact the City with questions about the grant application after its sub City Council 20 — 153 9/20/2022 SECTION 5. SCOPE OF WORK E JMNS FAI Appendix A. Required Forms and Certifications Non -Collusion Affidavit A-2 ............................................................................................................................................................ Non -Lobbying Certification A-4 ............................................................................................................................................................ Non -Discrimination Certification A-5 ............................................................................................................................................................ City Council 20 — 154 9/20/2022 APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS JMNS 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 prosecutio Signed Jeff Edwards, Vice President ate of California Cou 1! f Subscribed and 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 City Council 20 — 155 9/20/2022 APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS JMNS CALIFORAIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § B X See Attached Document (Notary to cross out fines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer(s], not Notary) 2 4 Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �` County of S2X46 � m r�ura *my AMANDA Z. BERRIER Notary Public • CaliforniaSanta Barbara County 9 Commission 4 237155iJ Comm. Expires Oct 22, Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 12 day of -'s U L'( , 20tr 1byDate Month (1) EFFRtrY Lo w CLz Evw RfJS {and (2) Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: 02014 National Notary Association • www.NationafNotary.org a 1-800-1-1S NOTARY (1-600-676-6827) item #5910 - City Council 20 — 156 9/20/2022 APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS J MNS APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm: MNS Enqineers, Inc. Signed /Printed Name: Jeff Edwards Title: Vice President Date: July 22, 2022 City Council 20 - 157 9/20/2022 APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS JMNS APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, City Council 20 — 158 9/20/2022 APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS CJMNS 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 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 subconsultant 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. Firm: MNS Engineers, Inc. Sign/Printed Name: Jeff Edwards Title: Vice President Date: July 22, 2022 City Council 20 — 159 9/20/2022 APPENDIX A. REQUIRED FORMS AND CERTIFICATIONS JMNS FA I Appendix B. Resumes rimme ikoie Principal Project Manager/Grant Writing Greg Jaquez, PE ....................................................................................................................... Manager B-2 Monica Killen, PhD ........................................................................................................................................................ Senior Grant Writer B-4 Helen Maggitti ............................................................................................................................................................ Grant Writer B-6 Taylor Gullikson ............................................................................................................................................................ Associate Grant Writer B-8 Nick Panofsky, PE, QSD .......................................................................................................................................................... Water Resources Engineer B-10 Tyler Hunt, PE, QSD ............................................................................................................................................................ Water Resources Engineer B-12 Beth Reineke ............................................................................................................................................................ Grant Writer/Water Resource Specialist B-14 Michael Ip, PE, QSD ............................................................................................................................................................ Transportation/Traffic Engineer B-16 City Council 20 — 160 9/20/2022 APPENDIX B. RESUMES JMNS Greg Jaquez, PE Grant Writing Manager Firm • MNS Engineers, Inc. Areas of Expertise • Water resources projects • Transportation projects • Project management • Flood control • Stormwater management planning • Water resources policy • Grants management • Federal advocacy Years of Experience • 35 Licensing • Professional Civil Engineer, CA No. 68182 Education • BS, Civil Engineering, University of California, Berkeley, CA Professional Development • Stormwater Pollution Prevention Plan (SWPPP) training Mr. Jaquez specializes in public works staff augmentation, infrastructure project management, and grant writing. Greg's additional experience includes transportation planning, bikeway and pedestrian facility planning and project management, public infrastructure coordination with railroads, traffic engineering and community traffic calming, stormwater management planning, water resources policy, legislative management, grants management, and federal advocacy. He is also the founder of the Los Angeles County Flood Control District's first ever study on climate change effects in partnership with the Bureau of Reclamation, the Los Angeles Basin Stormwater Conservation Study. His experience includes: HSIP Cycle 10 Grant Application, Harding Way at Lincoln Street and at Pacific Avenue/Madison Street Left -Turn Pockets with Left -Turn Phasing, Stockton, CA. Project Manager. MINIS in an on -call grant writing services provider to Stockton. Mr. Jaquez prepared a HSIP Cycle 10 grant application including preliminary engineering, scoping, and cost estimation. The City was awarded a grant of $1.4M. Los Olivos Water Reclamation Program WRFP Planning Grant, Los Olivos Community Services District, CA. Grant Writing Manager. MNS developed a Plan of Study for a Project Report following the guidelines of the Clean Water State Revolving Fund (CWSRF) and the Water Recycling Funding Program (WRFP). The Project Report will determine the feasibility and selected alternative for a wastewater collection system, wastewater treatment plant, and groundwater replenishment injection well system for the Los Olivos Community Services District (LOCSD). The unincorporated Los Olivos community in Santa Barbara County manages its wastewater with onsite wastewater treatment systems (septic tanks) on private parcels. LOCSD is seeking to develop a comprehensive wastewater collection and treatment system with provision for beneficial use of its treated wastewater. The Plan of Study was submitted with a WRFP application to the State Water Resources Control Board. The District received $75K to prepare the Project Report. One Bay Area Grant Program (OBAG 2), City of Pittsburg, CA. Grant Writer. As part of a grant writing team, Greg prepared an application which secured funding for a series of Class I bike trails and a Class IV cycle track providing access to the BART Pittsburg Station. City Council 20 — 161 9/20/2022 APPENDIX B. RESUMES JMNS HSIP Cycle 10 Grant Application, Madison Street Intersections Pedestrian Safety Improvements, Stockton, CA. Project Manager. MNS in an on -call grant writing services provider to Stockton. Mr. Jaquez prepared a HSIP Cycle 10 grant application including preliminary engineering, scoping, and cost estimation. The City was awarded a grant of $645K. Proposition 1 Stormwater Grant, Valley Village Park Stormwater Project, City of Los Angeles Department of Water and Power (LADWP), CA. Grant Writing Manager. MNS prepared a Proposition 1 Stormwater Implementation Grant application for the Valley Village Park Stormwater Project. To minimize the region's dependence on imported water, the project will capture 158 AFY of runoff from a 453-acre tributary area and recharge the San Fernando Valley Groundwater Basin. The project consists of installing a 0.65-acre underground infiltration gallery at Valley Village Park. Construction of the underground infiltration gallery includes installation of a storm drain diversion structure, stormwater pipeline, two hydrodynamic separator (HDS) units, flow measuring devices, and maintenance holes. Grant secured $6M. Proposition 1 Groundwater Grant, City of Los Angeles Department of Water and Power (LADWP), CA. Project Manager/QA/QC. MNS prepared a Title XVI Feasibility Study for the Downtown LA Recycled Water Project. The MNS grants team completed two Proposition 1 Groundwater Sustainability Program applications for two sub -elements of the San Fernando Basin Remediation Project. Safe, Clean Water Program, Cities of San Gabriel, Glendora, and La Canada Flintridge, CA. Grant Writing Manager. For each of these three cities, MNS advised on recommending the respective project pursuits, developed the general project scopes, prepared the funding application to the Safe, Clean Water (SCW) program, and represented the cities as presenter and spokesperson to the respective SCW Steering Committees. The cities were granted $900K. ATP Cycle 3, City of Buellton, CA. Grant Writer. As part of a grant writing team, Greg prepared an application which secured funding for a school pedestrian safety improvement project. MNS also provided preliminary engineering and design services. Clean Water State Revolving Fund Grant, Los Olivos Community Services District, CA. Project Manager/QA/QC. MNS developed a Plan of Study for a Project Report following the guidelines of the Clean Greg Jaquez, PE I RESUME PG 2 Water State Revolving Fund (CWSRF) and the Water Recycling Funding Program (WRFP). The Project Report will determine the feasibility and selected alternative for a wastewater collection system, wastewater treatment plant, and groundwater replenishment injection well system for the Los Olivos Community Services District (LOCSD). The unincorporated Los Olivos community in Santa Barbara County manages its wastewater with onsite wastewater treatment systems (septic tanks) on private parcels. LOCSD was seeking to develop a comprehensive wastewater collection and treatment system with provision for beneficial use of its treated wastewater. The Plan of Study was submitted with a WRFP application to the State Water Resources Control Board. HSIP Cycle 7, City of Pittsburg, CA. Grant Writer. As part of a grant writing team, Greg prepared an application which secured funding for various safety countermeasures on Leland Road which had a high incidence of collisions. The grant writing project also included analysis of SWITRS collision data with the TIM mapping system and development of a set of countermeasures to reduce or eliminate the frequency of certain types of collisions. Clean Water SRF Grant, Castroville Community Services District, CA. Project Manager/QA/QC. MNS provided technical and grant writing services for the Washington Street Sewer Bypass project. Once completed, the project will eliminate surcharge issues in the existing sewer line and provide additional sewer capacity for much needed housing development. Federal Lands Access Program Grant, Thornton Avenue Cycle Track, City of Newark, CA. Grant Writing Manager. MNS prepared a FLAP Grant application for the Thornton Avenue Cycle Track Project. Greg defined the project concept, prepared a conceptual plan layout, and prepared a preliminary cost estimate. The MNS grants team also conducted public outreach. The application resulted in a grant award of $5.4M. Proposition 68 Statewide Park Program, City of Soledad, CA. Grant Writing Manager. MNS prepared the grant application and provided public outreach support for the new Hartnell Park Project. MNS prepared public outreach support materials such as participant involvement exercises, concept sketches, and meeting documents. As the process progressed, MNS provided concept development designs and cost estimates in conjunction with the City's contracted landscape architect. The grant secured $7.6M. City Council 20 — 162 9/20/2022 APPENDIX B. RESUMES JMNS Monica Killen, PhD Senior Grant Writer Firm • MNS Engineers, Inc. Areas of Expertise • Project management • Grant writing • Grant administration • Parks and recreation management • Outreach • Community engagement • Communication/social media • Public speaking • Business development • Microsoft Office Suite (Excel, Word, Outlook, PowerPoint, Publisher), Canva • Bilingual (English and Spanish) Years of Experience • 17 Education • PhD, Education, Chapman University, CA • MA, Mexican -American Studies, California State University, Los Angeles, CA • BS, Human Services, California State University, Fullerton, CA Dr. Killen has worked in the public sector for over 17 years with experience in the areas of grant writing, outreach, project management, park and recreation management, legislative staffer, and higher education. Dr. Killen's expertise in grant writing stems from years of experience writing grant applications and legislative proposals. Dr. Killen is also a skilled public speaker with experience speaking at conferences, community gatherings, schools and colleges, chamber meetings, educational presentations, and resident advisory groups. Fluent in English and Spanish, Dr. Killen is skilled writer and can communicate effectively to establish immediate rapport with community members and leaders. Her specific experience includes the following: City of Greenfield, CA. Senior Grant Writer. Dr. Killen prepared a Proposition 68 Statewide Parks Program grant application for the Greenfield Park Expansion Project. Award decision pending. Proposition 68 Statewide Park Program, Greenfield Park and Community Center, City of Greenfield, CA. Senior Grant Writer. MNS prepared a Proposition 68 Statewide Park Program grant application for the proposed Greenfield Park and Community Center. In addition to grant writing, Monica played a supervisory role in managing the MNS team of grant writers in preparation of application narrative and conducting required public outreach and engagement activities. MNS did all of the grant writing and assisted the City with production of public outreach materials. The grant application resulted in an award of $8.5M. Tehachapi Valley Recreation and Park District, CA. Senior Grant Writer. Dr. Killen assisted District staff with preparation of a Proposition 68 Statewide Parks Program grant application for the West Park Renovation Project. Award decision pending. City of Santa Paula, CA. Senior Grant Writer. Dr. Killen prepared a grant application narrative for a USDOT BUILD grant. Award decision pending. City of Rolling Hills, CA. Senior Grant Writer. Dr. Killen prepared three Hazard Mitigation grant subapplications for submittal by CaIOES to FEMA. The City was awarded $2.8M. City of Monrovia, CA. Senior Grant Writer. Dr. Killen supervised and shared grant writing duties with a team member to secure a $500K grant from the SCAG Future City Council 20 — 163 9/20/2022 APPENDIX B. RESUMES JMNS Communities Pilot Program for an optimization study of the City's subsidized car -sharing service. City of La Canada Flintridge, CA. Senior Grant Writer. Dr. Killen secured a $300K Proposition 68 grant from the Santa Monica Mountains Conservancy to fund project design and environmental documentation for the Flint Canyon Trail Restoration Project. Santa Monica Mountains Conservancy Proposition 68—Grant Writing, City of La Canada Flintridge, CA. Senior Grant Writer. MNS prepared a Proposition 68 grant application for the Flint Canyon Wash Trail Restoration Project. The City was awarded $300K which will be used to prepare final design plans and environmental documentation. San Mateo County Transportation Authority 2021 Call for Projects, US 101/Holly Street Interchange Improvement Project, City of San Carlos, CA. Senior Grant Writer. MNS prepared a grant application to the 2021 SMCTA Call for Projects to fill a funding gap for the US 101/Holly Street Interchange Improvement Project. MNS provided grant writing services which included analysis of various project impacts and benefits. Monica was a key figure in a team of grant writers who prepared the application. The grant application resulted in an award of $10.25M. Federal Lands Access Program Grant, Thornton Avenue Cycle Track, City of Newark, CA. Senior Grant Writer. Monica played a key role in helping manage the MNS grants team in preparing the application and conducting required public outreach. The application resulted in a grant award of $5.4M. CaIOES/FEMA Hazard Mitigation Grant, City of Rolling Hills, CA. Senior Grant Writer. MNS prepared three grant sub -applications and provided preliminary engineering and scoping support. Grant award is pending. Charles E. Meyer Desalination Plan (Desal Plant), Santa Barbara, CA. Senior Grant Writer. MNS is currently providing technical and grant administration services for the construction of a pipeline that will connect to the existing transmission main that will bring desalinated water to the regional Cater Water Treatment Plant, which is operated by the City of Santa Barbara. MNS grant administration tasks include administrative support for preparation of invoices and payment requests, drafting and submitting routine progress reports. Monica Killen, PhD I RESUME PG 2 Emergency Deep Aquifer Supply & Storage Tank Project, Castroville, CA. Senior Grant Writer. MNS grant administration tasks include administrative support for preparation of invoices and payment requests, drafting and submitting routine progress reports. Moss Landing Wastewater System Rehabilitation, Castroville, CA. Senior Grant Writer. MNS services include project management, technical services, administrative support to comply with loan agreement tasks including reimbursement preparation and drafting and submitting routine progress reports. Project deliverables include Preliminary Engineering Report, Moss Landing Plan of Study, and FAAST Application. Carpinteria Advanced Purification Project, Carpinteria, CA. Senior Grant Writer. MNS prepared a US Bureau of Reclamation Water SMART: Title XVI grant application for the Carpinteria Advanced Purification Project. The Project includes construction of a 1.0 MGD advanced water purification facility (AWPF) to treat wastewater effluent from the Carpinteria Sanitary District. The project will include AWPF with microfiltration, reverse osmosis, an advanced oxidation process, purified water pump station, 9,000 feet of pipeline, two injection wells, and up to four monitoring wells. The total project cost is estimated to be $35M. Proposition 1 Groundwater Sustainability, Los Angeles, CA. Senior Grant Writer. MNS collaborated with LADWP staff and their consultant design team to prepare two grant applications for the North Hollywood Central Groundwater Remediation Project and the Tujunga Groundwater Remediation Project, respectively. Highly technical study documents were interpreted for use in responding to grant application requirements. MNS also prepared project scheduling documents to correspond to grant program requirements. The two projects are part of a historic multiyear effort to remediate contamination in the San Fernando Groundwater Basin. Monica was responsible for organizing work assignments for the grant writing team and contributing to the overall grant writing effort. As -Needed Technical Grant Writing, City of Los Angeles Department of Water and Power (LADWP), Los Angeles, CA. Senior Grant Writer. MNS prepared a Title XVI Feasibility Study for the Downtown LA Recycled Water Project. The MNS grants team completed two Proposition 1 Groundwater Sustainability Program applications for two sub -elements of the San Fernando Basin Remediation Project. Both applications were successful, and grants were awarded to LADWP for a combined total of $260M. City Council 20 — 164 9/20/2022 APPENDIX B. RESUMES JMNS Helen Maggitti Associate Grant Writer J Firm • MNS Engineers, Inc. Areas of Expertise • Community outreach • Project stakeholder coordination • Community partnership facilitator • Microsoft Suite • Google Suite • SAS programming Years of Experience -3 Education • BA, Economics (Major) and Environmental Sciences (Minor) Williams Smith College, Geneva, NY Ms. Maggitti recently graduated from William Smith College with a Bachelor of Arts in Economics and Minor in Environmental Studies. Helen served as a CivicSpark Climate Fellow for Americorps where she supported the City of Carpinteria in reaching their goals for the Strategic Energy Plan. She is proficient in communicating and collaborating with agency staff and project stakeholders to develop robust documents, plans, and ordinances. Helen also has experience in organizing and facilitating community outreach programs and cultivating community partnerships. Her experience includes: Federal Lands Access Program Grant, Thornton Avenue Cycle Track, City of Newark, CA. Associate Grant Writer. MNS prepared a FLAP Grant application for the Thornton Avenue Cycle Track Project. Helen was part of the MNS team of grant writers that prepared application narrative and conducted required public outreach and engagement activities. The application resulted in a grant award of $5.4M. San Mateo County Transportation Authority 2021 Call for Projects, US 101/Holly Street Interchange Improvement Project, City of San Carlos, CA. Associate Grant Writer. MNS prepared a grant application to the 2021 SMCTA Call for Projects to fill a funding gap for the US 101/Holly Street Interchange Improvement Project. MNS provided grant writing services which included analysis of various project impacts and benefits. The grant application resulted in an award of $10.25M. Local Roadway Safety Plan, City of Solvang, CA. Assistant Planner. Helen prepared a LRSP for the City of Solvang. Local Roadway Safety Plan, City of Soledad, CA. Assistant Planner. Helen is currently in the process of completing a LRSP for the City of Soledad. Local Roadway Safety Plan, City of La Vern, CA. Assistant Planner. Helen is currently preparing a LRSP for the City of La Verne. City Council 20 — 165 9/20/2022 APPENDIX B. RESUMES JMNS Proposition 68 Statewide Park Program, Greenfield Park and Community Center, City of Greenfield, CA. Associate Grant Writer. MNS prepared a Proposition 68 Statewide Park Program grant application for the proposed Greenfield Park and Community Center. Helen was part of the MNS team of grant writers that prepared the grant application and assisted the City with production of public outreach materials. The grant application resulted in an award of $8.5M. Carpinteria Advanced Purification Project, Carpinteria, CA. Associate Grant Writer. MNS prepared a U.S. Bureau of Reclamation Water SMART: Title XVI grant application for the Carpinteria Advanced Purification Project. The Project includes construction of a 1.0 MGD advanced water purification facility (AWPF) to treat wastewater effluent from the Carpinteria Sanitary District. The project will include AWPF with microfiltration, reverse osmosis, an advanced oxidation process, purified water pump station, 9,000 feet of pipeline, two injection wells, and up to four monitoring wells. The total project cost is estimated to be $35M. The application is pending a decision. Americorps, City of Carpinteria, CA. CivicSpark Climate Fellow. Helen supported the City of Carpinteria in reaching the goals laid out in their Strategic Energy Plan. In this capacity, she communicated and collaborated with agency staff and outside project stakeholders; researched and developed documents, plans, and ordinances; gave presentations to agency staff, City Council, and the community; cultivated community partnerships with other local agencies and nonprofits; and organized and facilitated community outreach surrounding City energy initiatives. Helen Maggitti I RESUME PG 2 Hobart and William Smith (HWS) Colleges Office of Sustainability, Geneva, NY. Student Intern. Helen completed two annual greenhouse gas inventory reports in support of Hobart and William Smith Colleges' Carbon Commitment with Second Nature. Her responsibilities included collecting emission source data and calculated resulting emissions; researching and proposing possible projects to mitigate and offset the colleges' emissions; and communicating with and retrieving data from various departments on campus as well as Second Nature and multiple carbon offset companies. Helen worked independently as well as collaboratively to meet deadlines; assisted the Sustainability Manager with administrative work; and organized and delegated to other student interns and EcoRep positions. Hobart and William Smith (HWS) Campus Greens, Geneva, NY. Club President. Helen hosted weekly club meetings and planned and organized zero -waste dinner events with 50-100 attendees. She managed a two-day clothing -swap events each semester and assigned tasks to other club members. Through advocacy, Helen strived to make HWS and the larger community more sustainable through advocacy, petitions, tabling, and social media advertising. City Council 20 — 166 9/20/2022 APPENDIX B. RESUMES JMNS Taylor Gullikson Associate Grant Writer Firm • MNS Engineers, Inc. Areas of Expertise • Grant Writing • Environmental Monitoring and Inspection • Public Outreach Years of Experience -3 Certification(s) • PADI Open Water Diver Education • BS, Environmental Science and Management (Ecology, Biodiversity, and Conservation), University of California, Davis, CA Affiliation(s) • Local Government Commission - CivicSpark Fellow • Program Coordinator Microplastics Task Force - Surfrider Foundation SLO Chapter Ms. Gullikson's expertise includes grant writing, environmental monitoring and inspection, and preparing stormwater regulatory compliance reports; and services to fulfill municipal stormwater permit requirements. Taylor updated and managed structural Best Management Practices (BMP) inventory in 2ndNature; developed and distributed new multi -media public outreach materials on topics including sustainable landscaping, stormwater pollution prevention, and safe pet waste management; and conducted visual assessments and collected GPS information on trash loading in priority areas. Her specific project experience includes: Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project, Palo Alto, CA. Associate Grant Writer. MNS is currently providing construction management services and loan administration for the Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project funded by the California State Water Resources Control Board Clean Water State Revolving Fund. The project entails planning, design, and procurement to rehabilitate and upgrade PSTs and primary effluent channel structure, sludge collection mechanism system drive units, primary sludge and scrum piping, electrical Motor Control Center (MCCs), and ancillary systems in order to improve reliability of treatment processes at the Regional Water Quality Control Plant (RWQCP). MNS loan administration tasks include administrative support for preparation of invoices and payment requests, drafting and submitting routine progress reports. Regional Supply Pipeline Project, Santa Barbara County Proposition 1 Integrated Regional Water Management (IRWM) Round 1 Implementation Grant, Santa Barbara, CA. Associate Grant Writer. Emergency Deep Aquifer Well and Storage Tank, Small Community Drought Relief Program, Castroville, CA. Associate Grant Writer. MNS is currently providing technical and grant administration services for the Emergency Deep Aquifer Supply and Storage Tank project. MNS is providing planning and design services for the Deep Aquifer Well, Arsenic Treatment System, and Storage Tank. Once completed, the project will provide approximately 300 acre-feet per year (AFY) of clean drinking water to the community of Castroville and increase water reliability. MNS grant administration tasks include administrative support for preparation of invoices and payment requests, drafting and submitting routine proqress reports. City Council 20 — 167 9/20/2022 APPENDIX B. RESUMES JMNS Moss Landing Wastewater System Rehabilitation, Castroville, CA. Associate Grant Writer. MNS services include project management, technical services, administrative support to comply with loan agreement tasks including reimbursement preparation and drafting and submitting routine progress reports. Project deliverables include Preliminary Engineering Report, Moss Landing Plan of Study, and FAAST Application. Valley Village Stormwater Management Project, Proposition 1 Stormwater Program, Los Angeles, CA. Associate Grant Writer. MNS prepared a Proposition 1 Stormwater Implementation Grant application for the Valley Village Park Stormwater Project. To minimize the region's dependence on imported water, the project will capture 158 AFY of runoff from a 453-acre tributary area and recharge the San Fernando Valley Groundwater Basin. The project consists of installing a 0.65-acre underground infiltration gallery at Valley Village Park. Construction of the underground infiltration gallery includes installation of a storm drain diversion structure, stormwater pipeline, two hydrodynamic separator (HDS) units, flow measuring devices, and maintenance holes. Utility Relocation Environmental Monitoring, Vandenberg Air Force Base, CA. Environmental Technician. Assisted with monitoring, inspection, enforcement, and surveying activities of environmental programs or projects as assigned. Assisted with maintaining inspections files, records, and logs; writing reports and chronologies; maintaining and updating various databases and filing and record keeping systems. Applied an understanding of permitting and monitoring requirements to assist with efforts to monitor and protect identified endangered animal species such as the California Red -Legged Frog and Vernal Pool Fairy Shrimp, and plant species of concern such as Seacliff Buckwheat, and the Gaviota Tarplant. Assisted with delivery of training to contractors and others to work safely around sensitive plant and animal species. Assisted with preparation and delivery of outreach materials and conducting outreach efforts. Taylor Gullikson I RESUME PG 2 Federal Lands Access Program, City of Newark, CA. Public Outreach Specialist. In support of a grant application to fund the proposed Thornton Avenue Cycle Track, produced a promotional video describing the project need and scope. Los Angeles County Regional Park and Open Space District Measure A Competitive, City of San Gabriel, CA. Associate Grant Writer. Prepared a grant application to fund a new trail and bridge connection to Vincent Lugo Park. District Administrative Support, Los Olivos Community Services District, CA. Project Coordinator. Assisted with managing LOCSD's Streamline website, including uploading meeting agendas, minutes, video recordings and other documents as required by the Brown Act and the Special District Leadership Foundation (SDLF). Meeting with Streamline (website server platform) to discuss changes to the website in preparation for an upcoming Benefit Assessment Election. Assisted the Board in meeting requirements for the SDLF Certificate of Transparency to certify LOCSD as a Special District. Revised and distributed documents though email and USPS to stakeholders, including meeting agendas and quarterly District updates. Managed calendar content and email accounts to assist Board members in being accountable, on track, and up to date with stakeholder communications. Created a YouTube channel and uploaded meeting videos monthly. WaterSMART: Title XVI WIIN Water Reclamation and Reuse Projects, Carpinteria Valley, CA. Associate Grant Writer. Title XVI Water Reclamation and Reuse, Carpinteria Valley Water District, CA. Associate Grant Writer. Researched and provided content for the environmental section of the grant application to fund the Carpinteria Advanced Purification Project. City Council 20 — 168 9/20/2022 APPENDIX B. RESUMES JMNS Nick Panofsky, PE, QSD Water Resources Engineer �r- .7 Firm • MNS Engineers, Inc. Areas of Expertise • Water/wastewater infrastructure rehabilitation and improvements • Stormwater Management Plans • Water resources planning • Project management Years of Experience • 16 Licensing • Professional Civil Engineer, CA No. 75006 Certification • Qualified SWPPP Developer, CA No. 75006 Education • MBA, Shidler College of Business, University of Hawaii, HI • BS, Environmental Engineering, California Polytechnic State University, San Luis Obispo, CA Affiliations • American Public Works Association • American Society of Civil Engineers • American Water Works Association • Water Environment Federation Mr. Panofsky has over 16 years of professional consulting experience in the water resources industry. Nick has advanced his expertise through a variety of municipal infrastructure design projects including potable water, recycled water, wastewater, and stormwater. He has been involved in every stage of the design process, including planning, analysis, design, construction management, and operational assistance. He actively manages projects to meet both technical and financial goals. His experience includes: Springfield Water System Improvements, Pajaro/Sunny Mesa Community Services District, CA. Senior Project Engineer. This project involves planning and designing upgrades to the Springfield Water System to deliver a high -quality water source and long-term water supply reliability for the community. The existing Springfield Water System, fed by a single shallow well, has documented water quality problems for a number of contaminants such as nitrates, salinity, and sulfate. The proposed system includes a new water supply from a well or adjacent system, water treatment, water storage tank, booster pump station, back-up generator, and water transmission mains. In addition, this project replaces water service laterals from the existing distribution mains to each residence currently receiving water from the system. Critical Water Supply Improvements for Pajaro, Pajaro/Sunny Mesa Community Services District, CA. Senior Project Engineer. This project involved planning, design, and construction management services for the construction of water storage improvements for a disadvantaged community in northern Monterey County. The project included a new 600,000-gallon bolted steel potable water storage tank, system integration, controls, and a variety of site improvements to transform a greenfield site to a municipal facility. Bicycle/Pedestrian Path and Railroad Crossing Sewer Force Main Relocation, Castroville Community Services District, CA. Technical Lead. This project rerouted an existing 6-inch wastewater force main as part of a larger project to construct a bike and pedestrian bridge. The proposed bridge crosses the Union Pacific Railroad, and the existing force main was an obstruction to the proposed bridge footings and pilings. Two segments of force main were relocated. The project included coordination with the bridge design consultant, and the District. Bypassing was also required as part of the project. City Council 20 — 169 9/20/2022 APPENDIX B. RESUMES JMNS Robin Hill Road Sewer Main Replacement, Goleta Sanitary District, CA. Project Manager. This project provides planning and design services for the replacement of 1,250 linear feet of 10-inch-diameter vitrified clay sewer pipe located in Robin Hill Road in Goleta, CA. Construction for the project will include ground dewatering and sewer bypassing. The preliminary design effort included field survey, sewer flow monitoring, desktop review of geotechnical studies within the project area, and preparation of Basis of Design report for sewer replacement. Field survey determined the sewer includes a vertical sag in profile resulting in loss of hydraulic capacity. Based on findings, final design for replacement sewer is ongoing. Final design includes additional geotechnical investigations and preparation of final contract documents for construction including traffic control plans. MINIS will lead the effort to obtain encroachment permits from the Cities of Goleta and Santa Barbara for project construction. Engineering Services for GIS Data Management, Goleta West Sanitary District, CA. Project Manager. Responsibilities include updating and maintaining the City's Sanitary District Geographic Information Systems (GIS) database, correcting known inaccuracies and adding new developments based on CAD files. The project included the creation of an atlas map book and wall map for the District. El Estero Wastewater Treatment Plant Sodium Hypochlorite Line Replacement Project, City of Santa Barbara, CA. Project Engineer. This project replaced an existing chemical feed line at the Santa Barbara Wastewater Treatment Plant. The project included development of complete project plans and specifications to install approximately 600 linear feet of two %-inch chemical feed lines double contained in 4-inch conduit, as well as a chlorine dosing regulation station to allow chlorination of multiple areas within the treatment plant. Coastal Inflow and Infiltration Reduction Project, City of Santa Barbara, CA. Project Engineer. This project developed design plans to rehabilitate approximately 3,300 linear feet of 33-inch vitrified clay pipe (VCP) sewer main located west of Cabrillo Boulevard in Santa Barbara. Some of the manholes are located in the sandy beach area, which required special environmental mitigation measures. The alignment crosses under Mission Creek and the entrance to Stearns Wharf, which necessitated extensive public coordination requirements. The project included lining of the existing sewer without bypassing. A spiral wound polyvinyl chloride (PVC) pipe lining product was specified. Nick Panofsky, PE, QSD I RESUME PG 2 Inflow and Infiltration Master Plan, Ojai Valley Sanitary District, CA. Lead Engineer. As a result of a aging and deteriorated collection system, the District experiences high peak wastewater flow rates during wet weather. Responsibilities included researching, documenting, writing and completing a master plan to evaluate the inflow and infiltration (I&I) issues within the District's service area. The end product documented the areas experiencing the highest levels of I&I within the service area, as well as developed anticipated construction costs to mitigate these issues. Flying Flags Sewer Line Repair, City of Buellton, CA. Project Manager. The project replaced approximately 150 linear feet of 10-inch cast iron and vitrified clay gravity sewer main with PVC, installed a new manhole, and raised another manhole to grade to reduce infiltration. Located within a mobile home park, close coordination occurred with a large number of transient residents. Additionally, the sewer line —installed at a depth of approximately 15 feet in soft sandy soils — required a nearly 30-foot-wide excavation for the entire length of the project alignment. Unknown utilities also had to be located and protected. Responsibilities included managing a team of engineers, drafters, and other staff to develop detailed contract documents for replacing. Harvard Boulevard Improvements, Peck Road to Elizabeth Court, City of Santa Paula, CA. Senior Project Engineer. This project installs over 10,000 linear feet of potable water and gravity wastewater pipeline. Improvements include abandonment of the existing 24- inch vitrified clay pipe (VCP) sewer main and manholes, installation of 46 of 36-inch polyvinyl chloride polystyrene (PVC PS) sewer main approximately 2,840 feet in length, installation of 13 pre -cast polymer manholes, replacement of sewer service laterals, and connections to existing sewer mains. El Camino De La Luz and Via Lucero Lift Stations, City of Santa Barbara, CA. Project Manager. This project designed a new 6-inch redundant force main to supplement the existing 100-linear-foot, 4-inch high - density polyethylene pipe (HDPE) force main. MINIS provided a detailed alignment alternatives analysis from both cost and hydraulic perspectives. This project was part of the larger Force Main Improvements project. Responsibilities included managing a team of engineers, drafters, and other staff to develop detailed contract documents for the construction of multiple wastewater force mains. Design of both force mains was placed on hold pending availability of funding. City Council 20 — 170 9/20/2022 APPENDIX B. RESUMES JMNS Tyler Hunt, PE, QSD/QSP Water Resources Engineer Firm • MNS Engineers, Inc. Areas of Expertise • Project management • Municipal infrastructure • Wastewater treatment • Wastewater reclamation • Site improvements • Irrigation and water delivery design • Low -impact development • Stormwater pollution prevention plans • Water system consolidation Years of Experience • 22 Licensing • Professional Civil Engineer, CA No. 74580 Certification • Qualified SWPPP Developer, CA No. 00822 Education • BS, Agricultural Systems Management, California Polytechnic State University, San Luis Obispo, CA Affiliations • American Public Works Association, Executive Committee • American Society of Civil Engineers Mr. Hunt has over 22 years of experience in the water resources/wastewater industry. Tyler's expertise includes project management, water/wastewater conveyance, site improvements, wastewater treatment, wastewater reclamation, irrigation and water delivery, stormwater pollution prevention, low -impact development (LID), water system consolidation, and municipal infrastructure projects. In addition to engineering design, he is experienced with providing construction management and inspection services such as public utility coordination, inspection, estimating, and client support. His experience includes: Mesa Tanks Replacement Project, City of Santa Paula, CA. Project Manager. This project encompasses planning and design to replace two 300,000-gallon steel tanks. The site is located on a steep hillside with limited construction access and nearby residences. Project elements include site improvements, retaining wall, two 300,000-gallon welded steel tanks, piping improvements, a new generator, and electrical/I&C improvements. Water Tank Replacement and Chloramine Modifications, Villa Del Monte Mutual Water Company, CA. Project Manager. This project replaces the existing bolted steel reservoir and converts disinfection to chloramines. The scope of work includes preliminary and detailed design phases. A technical memorandum was prepared to evaluate tank replacement and disinfection system alternatives, which included four tank construction materials, three chemicals for ammonia addition, chemical delivery and storage requirements, control system modifications, and preliminary site layout. In accordance with the recommendations of the technical memorandum, MNS prepared detailed design plans, specifications, and engineer's estimate of probable cost of construction (PS&E) suitable for public bid. MNS also applied for and obtained necessary permits with local and State jurisdictions. Microfiltration Break Tank Repair/Replacement, West Basin Municipal Water District, CA. Project Manager. The Juanita Millender-McDonald Carson Regional Water Recycling Plant produces high quality recycled water through microfiltration and reverse osmosis treatment processes. The microfiltration filtrate is temporarily stored in an existing above -ground steel welded tank built in 1999. The existing tank had significant corrosion and required rehabilitation or replacement. MNS prepared a preliminary design report to develop recommendations for the repair or City Council 20 — 171 9/20/2022 APPENDIX B. RESUMES 0 JMNS replacement of the tank. Following the submittal of the preliminary design report, the District opted to replace the tank in the existing footprint. MNS designed the 45-foot- diameter, 194,000-gallon welded steel tank, which included an engineered aggregate pier foundation. Los Feliz Drive Waterline Improvements, City of Thousand Oaks, CA. Design Lead. As part of the Los Feliz Sidewalks Improvement project, the City desired to replace the aging water infrastructure along Los Feliz Drive. Water system improvements include replacing existing water main with approximately 1,400 linear feet of 10-inch PVC, as well as water service laterals, valves, and other components. Upper Country Club Drive Pipeline Replacement Project, City of Burbank Water and Power, CA. QA/QC Engineer. This conceptual and detailed design project will replace approximately 1,400 feet of existing six-inch water main with a new six-inch pipeline, including replacement of the water storage tank connections. The preliminary design evaluated alternative alignments for replacing the existing water main with an upgraded six-inch ductile iron pipeline in a narrow canyon roadway impacted with several utility lines. No alignments could meet California Waterworks Standards criteria for separation from utility lines carrying non -potable fluids, so coordination with the Division of Drinking Water (DDW) to determine the preferred alignment was required. Responsibilities include quality assurance/quality control reviews. Thousand Oaks Boulevard Waterline Improvements, City of Thousand Oaks, CA. QA/QC Engineer. As part of the Thousand Oaks Boulevard Streetscape Improvement project, this project will replace the aging water infrastructure along Thousand Oaks Boulevard and Los Feliz Drive. This project will remove and replace 160 linear feet of an existing 4-inch water main with a new 10-inch pipe; abandon and replace 240 linear feet of existing 6-inch water main with a new 10-inch pipe; remove and replace 60 linear feet of existing 10-inch water main with a new 10-inch pipe; and remove and replace 10 service laterals and corresponding water meters, 11 main valves, and three fire hydrants. MNS is providing engineering design and support services. Water and Power Campus Stormwater Improvement Project, City of Burbank Water and Power, CA. Project Manager. This $4M project included preliminary design, detailed design, permitting support services, and engineering services during construction. The preliminary design for this project evaluated alternatives for the Ecocampus to comply with the new stormwater discharge Tyler Hunt, PE, QSD/QSP I RESUME PG 2 quality standards. Following preliminary analysis, a preferred project was identified and recommended for detailed design, permitting and construction. The detailed design will install an underground storage, infiltration, and reuse system to pre -treat and capture to up 273,000 gallons of stormwater. Once captured, the water can be either used onsite as cooling tower make up water or infiltrated to the local ground water basin. The project involves construction of an 800-gallon-per-minute submersible stormwater transfer pump station and 12- inch-diameter force main pipeline to convey water from the underground storage and infiltration basin for use in the plant cooling process. The project also constructs 360 feet of new 36-inch-diameter off -site storm drain pipeline in the Magnolia Boulevard and N. Varney Street right-of-way and new connection to the Burbank Western Channel. Sewer Main Replacements, City of Lompoc, CA. Project Manager. This multiphase infrastructure project replaced over 5,000 linear feet of existing gravity sewer mains. Construction elements include trenchless pipe installation, traffic control plans, overlapping easements, Caltrans right-of-way (R/W) for encroachment on State Route 1, and multiple Union Pacific Railroad (UPRR) crossings. MNS provided land surveying and civil engineering services, including engineered construction plans, site verification, and agency coordination support. Sewer Main Replacements, City of Lompoc, CA. Project Manager. This multiphase infrastructure project replaced over 5,000 linear feet of existing gravity sewer mains. Construction elements include trenchless pipe installation, traffic control plans, overlapping easements, Caltrans right-of-way (RAN) for encroachment on State Route 1, and multiple Union Pacific Railroad (UPRR) crossings. MNS provided land surveying and civil engineering services, including engineered construction plans, site verification, and agency coordination support. Robin Hill Road Sewer Main Replacement, Goleta Sanitary District, CA. QA/QC Manager. This project provides planning and design services for the replacement of 1,250 linear feet of 10-inch-diameter vitrified clay sewer pipe located in Robin Hill Road in Goleta, CA. Construction for the project will include ground dewatering and sewer bypassing. The preliminary design effort included field survey, sewer flow monitoring, desktop review of geotechnical studies within the project area, and preparation of Basis of Design report for sewer replacement. Field survey determined the sewer includes a vertical sag in profile resulting in loss of hydraulic capacity. City Council 20 — 172 9/20/2022 APPENDIX B. RESUMES JMNS Beth Reineke Water Resources Specialist Firm • MNS Engineers, Inc. Areas of Expertise • Environmental services • Permitting • Compliance • NPDES • Hazardous waste Years of Experience • 19 Certification(s) • 40-Hour HAZWOPER Course, Columbus, Ohio Fire Academy • Federal Resources, Counter CBRN All Hazards Management Response • Federal Resources, First Responder Offensive Course Education • BS, Environmental Scient, Oregon State University, OR Professional Development • RCRA Hazardous Waste Management (EPA Required) Course • US Air Force, School of Bioenviron mental Engineering • US Air Force, School of F 16 Avionics and Electronic Principles Ms. Reineke has over 19 years of experience providing environmental services including compliance, reporting, and permitting for National Pollutant Discharge Elimination System (NPDES), California Environmental Quality Act (CEQA), United States Environmental Protection Agency (EPA), and Certified Unified Program Agencies (CUPA). Beth is adept at managing complex databases and large collections of reports and compliance schedules. She is a skilled communicator who delivers effective project messages and works very productively with colleagues as well as external stakeholders. She has performed data integrity audits and expeditiously addressed errors. Beth served as the District Liaison for compliance, reporting and mitigation measures with the California Division of Drinking Water (DDW), South San Luis Obispo County Sanitation District (SSLOCSD), San Luis Obispo County Air Pollution Control District (APCD), and EPA while with the Golden State Water Company (GSWC). She also ensured the occupational spaces, base waterways, and storage facilities met Cal/OSHA and EPA requirements for the United States Air Force. Beth compiled and tracked annual air reports for the Counties of Ventura, Santa Barbara, and San Luis Obispo. Beth also assisted with site surveys, inspections, and operating permit interpretation. She has audited, created, and submitted over 400 compliance reports annually with zero missed deadlines. She created, submitted, and tracked permits to the State of California and counties within California. Beth served as District Administrative Contact for compliance and reporting of allowable discharges. She performed annual reporting of events and routine sample collection; served as the central point of contact and reviewer for various districts environmental compliance on large projects involving multiple agencies. Beth has worked under EPA regulations for environmental and drinking water compliance. She managed 43 sites hazardous materials business plans with a perfect compliance record. Her experience includes: Golden State Water Company (GSWC), Santa Maria, CA. Associate Water Quality Engineer. Beth liaised between GSWC and the California State Water Resources Control Board (SWRCB), Division of Drinking Water. Additional responsibilities included serving as the Internal Compliance Auditor and providing reporting, trending analysis, modeling studies, and Water System Improvement Project Scoping. City Council 20 — 173 9/20/2022 APPENDIX B. RESUMES JMNS ATP Cycle 6, City of San Carlos, CA. Grant Writer. Beth is responsible for developing public outreach content and preparing a grant application. ATP Cycle 6, City of Stockton, CA. Grant Writer. Beth is responsible for developing public outreach content and preparing a grant application. Clean Water SRF Grant, Castroville Community Services District, CA. Grant Writer/Grants Analyst. MNS provided technical and grant writing services for the Washington Street Sewer Bypass project. Once completed, the project will eliminate surcharge issues in the existing sewer line and provide additional sewer capacity for much needed housing development. Beth was responsible for developing the Project Report and grant application content. Beth Reineke I RESUME PG 2 California Air National Guard, Bioenvironmental Engineering, CA. Environmental and Occupational Health and Safety Compliance Coordinator. Beth managed exposure and health records for service members. United States Air Force. F 16 Avionics Technician. Responsibilities included aircraft electronics, wiring, and flight control troubleshooting and maintenance. City Council 20 — 174 9/20/2022 APPENDIX B. RESUMES JMNS Michael Ip, PE, QSD Transportation/Traffic Engineer 37= -a Firm • MNS Engineers, Inc. Areas of Expertise • Roadway, highway, and interchange design • Transportation planning • Traffic engineering • Drainage and flood control facilities • Construction and project management • Caltrans Years of Experience • 28 Licensing • Professional Civil Engineer, CA No. 43671 Certification • Qualified SWPPP Developer, CA No. 43671 Education • MS, Construction Management, University of California, Berkeley, CA • BS, Civil Engineering, University of California, Irvine, CA Affiliations • American Council of Engineering Companies • American Public Works Association • American Society of Civil Engineers Awards • 2020 APWA Project of the Year, Thousand Oaks Boulevard Streetscape • 2019 APWA Project of the Year, Westlake Boulevard (State Route 23) Sidewalk and Bicycle Lane Improvements Project • 2017 APWA/ASCE Project of the Year, Donlon Road Realignment • 2017 ACEC Engineering Excellence Merit, Colorado Esplanade • 2012 APWA Project of the Year, California State University Channel Islands Entrance Road Improvements • 2010 ACEC Engineering Excellence Merit, Fillmore Water Recycling • 2010 APWA Project of the Year, Lewis Road (State Route 34) Widening State Segment • 2007 APWA Project of the Year, Lewis Road Widening Mr. Ip is a Principal Engineer with 28 years of experience specializing in the design and management of transportation facilities and capital improvement projects. Michael's technical experience includes all project phases, including project reports, planning, design, and construction management. His management experience includes oversight and direction of technical professionals, client liaison, quality control, subconsultant coordination, public outreach and resources allocation to ensure the timely delivery of project deliverables. At MNS, Michael serves as Principal Engineer and Project Manager specializing in transportation projects. His experience includes: Mulholland Highway Improvements Design, City of Calabasas, CA. Project Manager. The City of Calabasas proposes to construct roadway and safety improvement on Mulholland Highway (MH), between Old Topanga Canyon Road (East) and the southern City limit approximately 2.7 miles in length. MH is the primary north -south road in the southwestern portion of the City, connecting unincorporated Los Angeles County in the south end and the City of Los Angeles on the north end. MH is a scenic road and a designated emergency route. It is primarily a two-lane road with left turn lanes at the approaches to intersections. Average daily traffic on MH is about 8,500 vehicles. MH serves as the primary route for multiple residential communities, schools, and recreational areas on MH. Scope of work includes developing a safe roadway facility, developing a roadway blending within the local environment and community, and public outreach and coordination with project stakeholders. C Street Bicycle Facilities Installation, City of Oxnard, CA. Project Manager. This project will install bicycle facilities (Class II and III) on C Street from Hueneme Road to Gonzales Road. The project is primarily located along C Street. At the southerly end, the bike facility will be on Courtland Street from Hueneme Road to Canterbury Way. The project includes Class III bicycle facilities to close gaps on the following streets intersecting or adjacent to C Street: Hill Street from C Street to Novato Drive, Guava Street from C Street to East Hemlock Street, East Hemlock Street from Guava Street to Patterson Road, and G Street from Guava Street to Wooley Road. The project coordinates the proposed improvements with two City projects: Thin Maintenance Overlay Project Phase 2 and Bryce Canyon North and South Resurfacing Project. The project will provide approximately nine miles of bicycle facilities. City Council 20 — 175 9/20/2022 APPENDIX B. RESUMES JMNS US 101/Holly Street Interchange and Pedestrian Overcrossing (POC) Project, City of San Carlos, CA. Principal Engineer. This $25.8M project modifies the existing interchange on US 101 at the Holly Street overcrossing (OC) and adds a pedestrian overcrossing (POC) over US 101. The interchange modification will remove the northeast and southwest loop ramps from the existing full cloverleaf (Type L-10) interchange and create a partial cloverleaf (Type L-9) interchange to US 101. Diagonal on- and off -ramps will be modified to create more bicycle- and pedestrian -friendly crossings. Holly Street will be widened to provide a third through lane for limited sections at on -ramp approaches. The existing deck drains, electroliers, concrete median, and concrete barriers will be modified on the existing Holly Street OC. The POC will provide a new 12-foot-wide multi -use path approximately 430 feet south of the Holly Street OC. As an alternate route for non -motorists, the POC will provide cross -freeway access without the need to traverse ramp termini and entrances. Other key features of the project include ramp widening, ramp metering improvements, drainage improvements, storm - water retention basins, retaining walls, bicycle roundabouts at either end of the multi -use pathway, signing and striping improvements in Redwood City on the east side of US 101, signal improvements at the Industrial Road/ Holly Street intersection, and fiber optic modifications along Industrial Road on the west side of US 101. Los Feliz Drive Sidewalks Phase 2, City of Thousand Oaks, CA. Project Manager. This project will install 800 linear feet of pedestrian facilities on the north and south sides of Los Feliz Drive between Thousand Oaks Boulevard and Conejo School Road. Los Feliz Drive within the project limits consists of high -density residential properties. The project will install missing segments of sidewalk and improve pedestrian safety. These improvements consist of sidewalk construction, driveway reconstruction, traffic lane striping and markings, curb and gutter construction, and crosswalk striping. The project also involves utility relocation in various locations. Upgrades will also be made to the existing striping, crosswalk, and signage on Los Feliz Drive. Michael Ip, PE, QSD I RESUME PG 2 pollution control program in support of a Caltrans encroachment permit for approximately 7,500 linear feet of new potable water and fiber optic lines on State Route 150 through downtown Ojai. Proposed traffic control plan and management plan will minimize the impacts to motoring public, businesses and property owners. Robin Hill Road Sewer Replacement, City of Goleta, CA. Lead Engineer. Goleta Sanitary District retained MNS to design 1500 LF of sanitary sewer line and manhole replacements in Robin Hill Road and Hollister Avenue. The project was located in both the jurisdictional of the Cities of Goleta and Santa Barbara. MNS coordinated with Goleta Sanitary District and the two Cities and prepared sanitary sewer improvements and traffic control plans. Project improvements required dewatering wells to lower groundwater during construction and sewer bypasses. Marie Kerr Park and Ride Project, City of Palmdale, CA. Project Manager. The project located at the northwest corner of Rancho Vista Boulevard and 25th Street West will buildout the remaining 19 acres of the Marie Kerr Park site by constructing a Park and Ride facility, east of the amphitheater. This 1,000+ parking space facility will serve as a park and ride destination as well as provide parking for Palmdale Amphitheater events and Best of the West softball tournaments. The Park and Ride facility will include Vanpool, RV, ADA, future charging stations, bicycle parking spaces, pick up and drop off areas, storm drain, stormwater treatment landscaping, and site lighting facilities. The off -site street improvements will include parkway improvements along the west side of 25th Street West. Hillcrest Drive Sidewalk —Yellen Park Project, City of Palmdale, CA. Project Manager. The project provided a missing sidewalk link on Hillcrest Drive from Avenue S to Buena Vista Elementary School Boulevard. The westerly street parkway improvements included a new sidewalk, ADA curb ramps, and street lighting. Dockweiler Drive Extension, City of Santa Clarita, CA. Project Manager. The City of Santa Clarita proposes to construct a $30M Secondary Arterial—Dockweiler Drive from Sierra Highway to Railroad Avenue. The West and East Ojai Avenue Pipeline, City of Ojai CA. project will provide an important north -south connection Project Manager. Casitas Municipal Water District for the City, a new entrance to Masters University, and a (CMWD) retained Waterworks Engineers, LLC (WWE) to secondary emergency access point for the Placerita design a new water pipeline in Ojai Avenue (State Route Canyon community. The roadway extension and 150) from Bristol Road and San Antonio Street to Gridley widening will go through an existing railroad crossing, Road and Oak Glen Avenue, approximately 7,500 linear business district, hilly terrain, and the Master's University feet. MNS coordinated with Casita Municipal Water property. District, City of Ojai, and Caltrans and prepared traffic control plans, traffic management plan and water City Council 20 — 176 9/20/2022 APPENDIX B. RESUMES JMNS IAppendix C. Standard Agreement Requested Changes MNS has reviewed the City's Standard Agreement (Attachment 2). We request our suggestions be considered in an effort to reduce the amount of liability. Please contact us with any questions of concerns in regards to these changes. We are certain we can come to an acceptable agreement in regard to the Agreement. Only sections with comments are provided. City Council 20 — 177 9/20/2022 APPENDIX C. STANDARD AGREEMENT JMNS subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8 the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8 to ims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct onsu t. as amended effective 11112018, , to the extent 9. INTELLECTUAL PROPERTY INDEMNIFICATION reasonable Consultant shall defend, indemnify and hold ham mless the City, its o icers,,e.1 s, representatives, and employees against any and all liability, including costs, an attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. 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. 11. 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 infolmation 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 impoltance, 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 d APPENDIX C. STANDARD AGREEMENT EXHIBIT C City Council 20 — 179 9/20/2022 ENGINEERING Principal Engineer.......... Lead Engineer .................. Supervising Engineer.... Senior Project Engineer Project Engineer .............. Associate Engineer........ Assistant Engineer.......... SURVEYING Principal Surveyor.......... Lead Surveyor .................. Supervising Surveyor.... Senior Project Surveyor J M N S—Now 2022 STANDARD SCHEDULE OF FEES $280 .. 245 ..235 .. 220 .. 200 ..180 ..165 $260 .. 250 ..215 ..195 Project Surveyor........................................170 Senior Land Title Analyst .......................165 Associate Project Surveyor...................160 Assistant Project Surveyor....................145 Party Chief(PW)........................................170 Chainperson(PW)....................................150 One -Person Survey Crew (PW) ........... 210 DIRECT EXPENSES PROJECT/PROGRAM MANAGEMENT Principal -In -Charge ............................... $320 Senior Project/Program Manager ...... 295 Project/Program Manager....................255 Assistant Project/Program Manager 215 Senior Project Coordinator ...................175 Project Coordinator.................................145 CONSTRUCTION MANAGEMENT Principal Construction Manager ...... $305 Senior Construction Manager.............275 Senior Resident Engineer ......................265 Resident Engineer....................................240 Structure Representative .......................235 Construction Manager ...........................210 Assistant Resident Engineer.................195 Sr. Construction Inspector (PW) ........177 Construction Inspector (PW) ..............168 Office Administrator................................130 TECHNICAL SUPPORT CADD Manager.......................................$195 Supervising Technician ..........................165 Senior Technician.....................................155 Engineering Technician ..........................125 ADMINISTRATIVE SUPPORT Senior Management Analyst.............$180 Management Analyst..............................155 IT Technician...............................................135 Graphics/Visualization Specialist ....... 120 Administrative Assistant ...........................95 GOVERNMENT SERVICES City Engineer ........................................... $240 Deputy City Engineer..............................215 Assistant City Engineer ...........................205 Plan Check Engineer................................190 Permit Engineer.........................................180 City Inspector.............................................150 Senior City Inspector (PW) ..................177 City Inspector(PW)..................................168 Principal Stormwater Specialist .......... 175 Senior Stormwater Specialist...............165 Stormwater Specialist.............................155 Stormwater Technician ..........................140 Building Official.........................................215 Senior Building Inspector ......................190 Building Inspector....................................160 Planning Director......................................215 Senior City Planner..................................190 Assistant Planner......................................160 Senior Grant Writer..................................175 Grant Writer................................................165 Grant Associate.........................................145 Grant Assistant..........................................125 Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate. Expert Witness services will be charged at three (3) times listed rate. PREVAILING WAGE RATES Rates shown with Prevailing Wage "(PW)" annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR. ANNUAL ESCALATION Standard fee rates provided for each classification are subject to an annual escalation increase of 3.5% starting January 1, 2023. OVERTIME Overtime f0lttyrG-OeMldlemployees will be charged at 1.5 x hourly rr2&;-048@nne for exempt employeesgOM202cbssification will be charged at 1 x hourly rate. Police Department www.santa-ana.org/pd Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Agreement to Provide Policy Manual Maintenance Support AGENDA TITLE: Approve Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support (General and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Lexipol, LLC to provide policy manual maintenance, support and training services to the Police Department for a three- year period, from July 1, 2022 through September 30, 2025 in an amount not to exceed $169,502, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department has been utilizing Lexipol, LLC ("Lexipol") subscription services for law enforcement policy manual, maintenance, support and training services for over ten years. The services provided by Lexipol have been a great asset to the Department's training program. The Department wishes to continue to use Lexipol subscription services. Lexipol will continue to provide the Department with a web -based law enforcement policy manual, maintenance, suppor,t and training services. The agreement will include Annual Law Enforcement Policy & Daily Training Bulletin (DTB) Subscription, Annual Custody Policy & DTB Subscription, Annual Corrections Supplemental Manual, and Corrections One Academy. Corrections One Academy is an online training platform that provides courses certified through California Board of State and Community Corrections (BSCC) for annual continuing education requirements. BSCC will provide funding to the City to pay for some of the fees related to the Corrections One Academy subscription included in this agreement. The Lexipol Law Enforcement & Custody Policy Manual have over 150 policies based on federal and state laws, regulations, and law enforcement best practices. Corrections One Academy also has over 550 courses, training videos, and management features to meet annual training mandates. Lexipol's policy manual is written by legal and law enforcement professionals who constantly monitor major court decisions, legislation, and emerging trends affecting law enforcement operations. Lexipol provides regular updates City Council 21 — 1 9/20/2022 Agreement to Provide Policy Manual Maintenance Support September 20, 2022 Page 2 in response to legislative mandates, case law and evolving law enforcement best practices. Lexipol archives departmental policies and tracks changes, facilitating improved documentation of policy revisions. Lexipol also documents officers who have reviewed certain policies for keeping up-to-date training records. In addition, Lexipol proposes to provide Daily Training Bulletin services that will provide comprehensive daily training to help police employees learn the content of the policy manual and the practical application of the policies. Each year, Lexipol will furnish 365 customizable, scenario -based training bulletins that will link directly to the policy manual. The Daily Training Bulletins will address use of force, vehicle operation, discriminatory harassment, and a variety of other law enforcement risk management topics. The Police Department will have the ability to customize the Daily Training Bulletins to address agency -specific topics. The first -year subscription fee is $64,428, which includes a one-time Jail manual implementation cost. The annual subscription renewal fees for the second -year will be $52,102. Year -three of this agreement will be $52,972. At the conclusion of the three-year agreement term, the total amount paid to Lexipol will be $169,502. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this agreement are and will be budgeted and available for the following fiscal years: Accounting Unit Accounting Unit - - Account No. Fund Description Account No. Amount Fiscal Year Description PD Jail Operations, FY 22-23 01114475-62140 General Fund Membership, $30,143 Subscription & Dues PD Training Services, FY 22-23 01114410-62140 General Fund Membership, $28,340 Subscription & Dues Police Activities & Police Special Rev- FY 22-23 02414400-62140 Programs Fund General, Membership, $5,945 Subscription & Dues PD Jail Operations, FY 23-24 01114475-62140 General Fund Membership, $14,692 Subscription & Dues City Council 21 — 2 9/20/2022 Agreement to Provide Policy Manual Maintenance Support September 20, 2022 Page 3 PD Training Services, FY 23-24 01114410-62140 General Fund Membership, $29,757 Subscription & Dues Police Activities & Police Special Rev- FY 23-24 02414400-62140 Programs Fund General, Membership, $7,653 Subscription & Dues PD Jail Operations, FY 24-25 01114475-62140 General Fund Membership, $15,428 Subscription & Dues PD Training Services, FY 24-25 01114410-62140 General Fund Membership, $31,244 Subscription & Dues Police Activities & Police Special Rev- FY 24-25 02414400-62140 Programs Fund General, Membership, $6,300 Subscription & Dues Total $169,502 EXHIBIT(S) 1. Agreement with Lexipol Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 21 — 3 9/20/2022 Exhibit 1 Agency's Name: Agency's Address: Attention: Lexipol's Address: Effective Date: 1111rLEXIP0� MASTER SERVICE AGREEMENT Santa Ana Police Department (CA) 60 Civic Center Plz POB 1981 Santa Ana, California 92701 Jaime Manriquez 261 1 Internet Boulevard, Suite 100 Frisco, Texas 75034 (to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the "Agreement") is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), which may include one or more Lexipol subsidiary entities, and the Agency identified above. This Agreement consists of. (a) this Cover Sheet (b) Exhibit A - Selected Services and Associated Fees (c) Exhibit B - Terms and Conditions Specific to this Agreement Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement. Santa Ana Police Department (CA) Lexipol, LLC Signature: See Signature page below Signature: %- Print Name: Print Name: Jan Roos Title: Title: Vice President & General Counsel Date Signed: Date Signed: 9-8-2022 City Council 21 — 4 9/20/2022 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney qwAwe=�� By: TAMARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police City Council 21 — 5 9/20/2022 Exhibit A SELECTED SERVICES AND ASSOCIATED FEES Agency is purchasing the following and Agency acknowledges it will pay for services rendered by Lexipol from July 1, 2022 through the effective date above: TERM ONE DESCRIPTION TERM UNIT PRICE DISCOUNT EXTENDED Jail Policy Manual Implementation, Tiers I, II & III One-time cost 19,000.00 15% 16,150.00 CorrectionsOne Academy 7/1/2022 - 6/30/2023 6,605.00 10% 5,945.00 Annual Law Enforcement Policy & DTB Subscription 10/1/2022 - 9/30/2023 28,339.21 28,339.21 Annual Custody Policy & DTB Subscription 10/1/2022 - 9/30/2023 12,388.16 12,388.16 Annual Corrections Supplemental Manual (SPS) 10/1/2022 - 9/30/2023 1,604.93 1,604.93 TERM ONE TOTAL 1 67,937.30 $3,510 64,427.30 Term One Subscription Total: 64,427.30 TERM TWO DESCRIPTION TERM UNIT PRICE DISCOUNT EXTENDED CorrectionsOne Academy (Prorated + 2 months to align with October) 7/1/2023 - 9/30/2024 8,256.00 $603.00 7,653.00 Annual Law Enforcement Policy & DTB Subscription 10/1/2023 - 9/30/2024 29,756.17 29,756.17 Annual Custody Policy & DTB Subscription 10/1/2023 - 9/30/2024 13,007.57 13,007.57 Annual Corrections Supplemental Manual (SPS) 10/1/2023-9/30/2024 1,685.18 1,685.18 TERM TWO TOTAL 1 52,704.921 $603.00 52,101.92 Term Two Subscription Total 52,101.92 TERM THREE DESCRIPTION TERM UNIT PRICE DISCOUNT EXTENDED CorrectionsOne Academy 10/1/2024 - 9/30/2025 6,605.00 $305.00 6,300.00 Annual Law Enforcement Policy & DTB Subscription 10/1/2024 - 9/30/2025 31,243.98 31,243.98 Annual Custody Policy & DTB Subscription 10/1/2024 - 9/30/2025 13,657.95 13,657.95 Annual Corrections Supplemental Manual (SPS) 10/1/2024- 9/30/2025 1,769.44 1,769.44 TERM THREE TOTAL 1 53,276.371 $305.00 52,971.37 Term Three Subscription Total 52971.37 City Council 21 — 6 9/20/2022 Exhibit B Terms and Conditions of Service 1. Definitions. For purposes of Lexipol's Terms and Conditions of Service (the "Terms"), each of the following capitalized terms will have the meaning included in this Section. Other capitalized terms are defined within their respective sections below. Depending on the selected Service(s), Agency may receive support from, and be invoiced by, a Lexipol subsidiary, including The Praetorian Group and/or Cordico Inc. 1.1 "Agency" means the department, agency, office, company, or other entity purchasing and/or otherwise subscribing to Lexipol products or services. 1.2 "Agreement" means the combination of (a) the cover sheet to which these Terms are attached; (b) Lexipol's subscription and pricing information sheets, which are typically included as an Exhibit A ("Services Being Purchased and Related Fees") or as set forth in any similar pricing sheet (including by way of addendum); and (c) these Terms. 1.3 "Derivative Work(s)" means work(s) based on Lexipol's Subscription Materials, or any substantive portion thereof. Derivative Works include revision, modification, abridgement, condensation, expansion, or any other form in which the Subscription Materials or any portion thereof are recast, transformed, or adapted. For purposes of the Agreement, a Derivative Work also includes any compilation that incorporates any portion of the Subscription Materials. Further, "Derivative Work" includes any work considered a "derivative work" under United States copyright law. 1.4 "Effective Date" means the date specified on the cover sheet to which these Terms are attached, or as otherwise expressly set forth and agreed upon by Lexipol and Agency in a writing and defined as the "Effective Date." 1.5 "Initial Term" means the period commencing on the Effective Date and continuing for the length of time indicated on the cover sheet or subscription and pricing sheet provided by Lexipol. If the Initial Term is not so indicated, the default Initial Term is one (1) year from the Effective Date. 1.6 "Service(s)" means all Lexipol product(s) or service(s), including one-time and recurring (subscription) services, as may be offered by Lexipol and/or its subsidiaries and affiliates from time to time. 1.7 "Subscription Materials" means all policy manuals, supplemental publications, daily training bulletins, written content, images, videos, and all other data and multimedia provided by Lexipol and/or its licensors through the Services. 2. Term. The Agreement becomes enforceable upon signature by Agency's authorized representative. Following the Initial Term, the Agreement shall renew in successive one-year periods thereafter (each a "Renewal Term") unless one party provides written notice of non -renewal to the other party at least thirty (30) days prior to expiration of the then -current term. The Initial Term and all Renewal Terms collectively comprise the "Term" of the Agreement. 3. Termination. 3.1 For Cause. The Agreement may be terminated by either party, effective immediately, (a) in the event that the other party fails to discharge any obligation or remedy any default under the Agreement for a period of more than thirty (30) calendar days after it has been given written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction. 3.2 For Convenience. The Agreement may be terminated for convenience (including lack of appropriation of funds by Agency) upon sixty (60) days written notice. Note: fees already paid for Services are not eligible for refund, proration or offset in the event of Agency's termination for convenience. City Council 21 — 7 9/20/2022 4. Effect of Expiration or Termination. Upon the expiration or termination of the Agreement for any reason, Agency's access to Lexipol's Services shall cease. Termination or expiration of the Agreement shall not, however, relieve either party from any obligation or liability that has accrued under the Agreement prior to the date of such termination or expiration, including payment obligations. The right to terminate the Agreement shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the parties are entitled at law or in equity. The provisions of Sections 1 (Definitions), 6 (Service -Specific Terms), 8 (Privacy Policy), 8 (Warranty Disclaimer), 9 (Confidentiality), 10 (Warranty Disclaimer), 11 (Limitation of Liability), 12 (General Terms), and this Section 4 shall survive the expiration or termination of the Agreement for any reason. 5. Fees and Invoicing. Unless otherwise agreed upon in writing, Lexipol (or, if applicable, The Praetorian Group or Cordico Inc.) will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to each Renewal Term. Agency will pay to Lexipol the fee(s) specified on each invoice within thirty (30) days following receipt of the invoice. All invoices will be sent to Agency at the address specified on the cover sheet to which these Terms are attached or as otherwise designated by Agency in writing. All payments will be made by electronic transfer of immediately available funds or by mailing a check to Lexipol at 2611 Internet Blvd, Ste 100, Frisco, TX 75034 (Attn: Accounts Receivable). Lexipol reserves the right to increase fees for Renewal Terms. All amounts required to be paid under the Agreement are exclusive of taxes and similarfees now in force or enacted in the future. Unless otherwise exempt, Agency is responsible for and will pay in full all taxes properly imposed related to its receipt of Lexipol's Services, except for taxes based on Lexipol's net income. In the event any amount owed by Agency is not paid when due, and such failure is not cured within ten (10) days after written notice thereof, then in addition to any other amount due, Agency shall pay a late payment charge on the overdue amount at a rate equal to the lower of (a) one percent (1 %) per month, or (b) the highest rate permitted by applicable law. 6. Service -Specific Terms. The following sections apply to specific Lexipol Services 6.1 Policy. Lexipol's policy Subscription Materials and Knowledge Management System ("KMS") are proprietary, protected under U.S. copyright, trademark, patent, and/or other applicable laws, and Lexipol reserves all rights not expressly granted in these Terms. Agency may prepare Derivative Works using Lexipol's Subscription Materials, but Lexipol shall remain the sole owner of all right, title and interest in and to them, including all copyrights, intellectual property rights, and other proprietary rights therein or pertaining thereto. Agency shall retain a perpetual, personal, non-sublicensable and non -assignable right to use the Subscription Materials for Agency's internal purposes but will not remove any copyright notice or other proprietary notice of Lexipol appearing thereon. Agency acknowledges and agrees that Lexipol shall have no responsibility to update such Subscription Materials beyond the Term of the Agreement and shall have no liability whatsoever for Agency's creation or use of Derivative Works. Lexipol's Subscription Materials are to be treated as Confidential Information (per Section 9 herein), but Agency may disclose Subscription Materials pursuant to a valid court order, lawful government agency request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Agency acknowledges and agrees that all policies and procedures it implements have been individually reviewed and adopted by Agency, that neither Lexipol nor any of its agents, employees, or representatives shall be considered "policy makers" in any legal or other sense, and that Agency's highest-ranking official shall, for all purposes, be considered the "policy maker" with regard to same. Lexipol's KMS Service is subject to the Service Level Agreement attached to these Terms. 6.2 Learning. Lexipol's Learning Management System ("LMS"), offered by Praetorian Digital, is a proprietary Service protected under U.S. copyright, trademark, patent, and other laws. Lexipol and its licensors retain all rights, title, and interest in and to the LMS (including, without limitation, all intellectual property rights), including all copies, modifications, extensions, and Derivative Works thereof. Agency's right to use the LMS is limited to the rights expressly granted in the Agreement. Agency Data, defined as data owned by Agency prior to the Effective Date or which Agency provides during the Term for purposes of identifying authorized users, confirming agency or department information, or other purposes that are ancillary to receipt of the Service, remains Agency's property. Lexipol retains no right or interest in Agency Data and shall return or destroy Agency Data following termination of the Agreement. Lexipol's LMS Service is subject to the Service Level Agreement attached to these Terms. City Council Copyright©Lexipol, LL21995-8022 9/20/2022 Rev. 1.1.2022 6.3 Wellness. This Section applies when Agency subscribes to Lexipol's Wellness Application ("Wellness App") offered by Cordico®. All Subscription Materials delivered by the Wellness App, including but not limited to all object and source code, all information created, developed, or reduced to practice, and all written, image -based, or video -based content underlying the Wellness App that is not specifically provided by Agency is the proprietary intellectual property of Lexipol and/or its suppliers or licensors, protected to the maximum extent permitted by trademark, copyright, and patent laws. Agency is granted a nonexclusive limited right to access the Wellness App during the Term. If the Agreement is terminated or expires for any reason, Agency shall lose access to the Wellness App and to all associated Subscription Materials and shall discontinue all use of the same for any purpose. Nothing in this section or these Terms shall be construed as conferring any right of ownership or use to the Wellness App, whether by estoppel, implication or otherwise. 6.4 Grants. This Section applies when Agency selects Lexipol's Grant Writing, Consulting, and/or GrantFinder services. For Grant Writing services, Agency takes full responsibility for submitting information reasonably required by Lexipol's grant writing team in a timely manner (at least five (5) days prior to the applicable grant application close date). Agency is responsible for all submissions of final grant applications by grant deadlines, but Lexipol shall be considered Agency's duly authorized representative for submissions where applicable. Failure to submit requested materials to write grant applications on time will result in rollover of project services and fees to next grant application cycle; not a refund of the fees. Requests for cancellation of Grant Writing services will result in a 50% fee of the total value of the service. Invoices for Grant Writing services will be sent as soon as work begins for the applicable target grant. Complete payment must be received no later than thirty (30) days after receipt of invoice. In the event Agency has not made timely payment on an invoice, Lexipol reserves the right to suspend all grant Services to Agency until past -due payments are received in full, and may terminate Agency's access to GrantFinder, if applicable. Invoices over thirty (30) days past due may be charged a twenty-five dollar ($25) late fee. 6.5 Generally; Injunctive Relief. Nothing in the Agreement shall be construed as conferring any rights or license to Lexipol's trade secrets, intellectual property, Confidential Information, Subscription Materials, KMS, LMS, Wellness App, or the software underlying such products and services, whether by estoppel, implication or otherwise. Agency may not, and may not assist others to, decompile, disassemble, reverse engineer, or otherwise attempt to discover any object code, source code, or proprietary data underlying the Services. Agency grants all rights and permissions in or relating to Agency Data as are necessary to Lexipol to enforce the Agreement, exercise Lexipol's rights, and perform Lexipol's obligations hereunder. Agency acknowledges that a breach or threatened breach of any portion of this Section may cause irreparable harm and shall entitle Lexipol to injunctive relief in addition to any other available remedy. 7. Account Security. The rights to access and use the Services under the Agreement are personal and unique to Agency and Agency shall not assign or otherwise transfer any such rights to any other person or entity. Except as set forth herein, Agency remains solely responsible for maintaining the confidentiality of Agency's username(s) and password(s) and the security of Agency's account(s), meaning the account by which Agency accesses the Services. Agency will not permit access to Agency's account(s) or use of Agency's username(s) and/or password(s) by any person or entity other than authorized Agency personnel. Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency's Account or Agency's username(s) and/or password(s). 8. Privacy Policy. Lexipol will hold Agency Data in confidence unless required to provide access in accordance with a court order, government agency request, or other legal process such as a Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol's systems use the Secure Socket Layer (SSL) Protocol for Lexipol Services, which encrypts information as it travels between Lexipol and each Agency. However, Agency acknowledges and agrees that data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through the Services is 100% secure. Agency acknowledges that Lexipol may provide view -only access and summary information (which may include number of policies developed or in development, percentage of staff reviews of developed policies and DTBs) to Agency's affiliated Risk Management Authority, Insurance Pool or Group, or Sponsoring Association if they are actively funding member Agency Subscription Fees. City Council Copyright©Lexipol, LL219"022 9/20/2022 Rev. 1.1.2022 9. Confidentiality. During the term of the Agreement, either party may be required to disclose information to the other party that is marked "confidential" or is of such a type that the confidentiality thereof is reasonably apparent (collectively, "Confidential Information"). The receiving party will: (a) limit disclosure of any Confidential Information of the other party to the receiving party's directors, officers, employees, agents and other representatives (collectively "Representatives") who have a need to know such Confidential Information in connection with the Services; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in the Agreement; (c) keep all Confidential Information confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (d) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing party. Notwithstanding the foregoing, a party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, discovery request, regulatory request, Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request, or similar method, provided that the party proposing to make any such disclosure will promptly notify, to the extent practicable, the other party in writing of such demand for disclosure so that the other party may, at its sole expense, seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information. Each party shall be responsible for any breach of this section by any of such party's personnel or agents. 10. Warranty Disclaimer. ALL SERVICES AND SUBSCRIPTION MATERIALS ARE PROVIDED "AS - IS" AND LEXIPOL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON -INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 11. Limitation of Liability. Lexipol's cumulative liability resulting from any claims, demands, or actions arising out of or relating to the Agreement, the Services, or the use of any Subscription Materials shall not exceed the aggregate amount of subscription fees actually paid to Lexipol by Agency for the associated Services during the twelve-month period immediately prior to the assertion of such claim, demand, or action. In no event shall Lexipol be liable for any indirect, incidental, consequential, special, exemplary damages, or lost profits, even if Lexipol has been advised of the possibility of such damages. The limitations set forth in this Section shall apply whether the subject claim is based on breach of contract, tort, strict liability, product liability or any other theory or cause of action. 12. General Terms. 12.1 General Interpretation. The language used in the Agreement and these Terms shall be deemed to express the mutual intent of Lexipol and Agency. The Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under the Agreement. 12.2 Invalidity of Provisions. Each of the provisions contained in the Agreement and these Terms is distinct and severable. A declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. Further, if a court of competent jurisdiction finds any provision of the Agreement to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties' intention as reflected in such provision to the maximum extent possible. 12.3 Waiver. Lexipol's failure to exercise, or delay in exercising, any right or remedy under any provision of the Agreement shall not constitute a waiver of such right or remedy. 12.4 Governing Law. The Agreement shall be construed in accordance with, and governed by, the laws of the State in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. City Council Copyright©Lexipol, LL219951&2 9/20/2022 Rev. 1.1.2022 12.5 Compliance with Laws. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders promulgated by any federal, state, or local government body or agency relating to its obligations pursuant to the Agreement and these Terms. 12.6 Attorney's Fees. If any action is brought by either party to the Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and expenses of litigation. 12.7 Notices. Any notice required by the Agreement or given in connection with it shall be in writing and shall be made by certified mail (postage prepaid), recognized overnight delivery service, or (if mutually agreed upon) by email to authorized recipients at such address as each party may indicate from time to time. Alternatively, electronic mail or facsimile notice to established and authorized recipients is acceptable when acknowledged by the receiving party. 12.8 Entire Agreement. The Agreement, including these Terms, embodies the entire agreement and understanding of the parties hereto and expressly supersedes all prior written and oral agreements and understandings with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by any party hereto that is not embodied in the Agreement. Terms and conditions set forth in any purchase order or any other form or document that are inconsistent with or in addition to the terms and conditions set forth in the Agreement are hereby objected to and rejected in their entirety, regardless of when received, without further action or notification, and shall not be considered binding unless specifically agreed to in writing by both parties. No amendment, modification, or supplement to the Agreement shall be binding unless it is in writing and signed by the party sought to be bound thereby. 12.9 Counterparts. The Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document for purposes of the Agreement. Lexipol Service Level Agreement for Cloud -Based Services 1. Response Times. For issues relating to Lexipol's online, cloud -based Services (e.g. KMS, LMS, Wellness), Lexipol will make an industry standard and commercially reasonable effort to respond promptly (via Lexipol's Normal Support Channels) within two (2) Business Days after receipt. 2. Uptime Commitment. The Uptime Percentage for the Service will be ninety-nine and five -tenths percent (99.5%) (the "Uptime Commitment"). Subject to the exclusions described in below, "Uptime Percentage" is calculated by subtracting from 100% the percentage of 1-minute periods during any annual billing cycle in which Agency's selected Service(s) are unavailable out of the total number of minutes in that billing cycle. "Unavailable" and "Unavailability" mean that, in any 1-minute period, all connection requests received by Agency failed to process (each a "Failed Connection"); provided, however, that no Failed Connection will be counted as a part of more than one such 1-minute period (i.e. a Failed Connection will not be counted for the period 12:00:00-12:00:59 and the period 12:00:30-12:01:29). The Yearly Uptime Percentage will be measured based on the industry standard monitoring tools. Exclusions from Uptime Percentage. All Service Unavailability resulting from the following will be excluded from calculation of Uptime Percentage: (a) Regularly -scheduled maintenance of the Service that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol's support channels (Lexipol typically schedules such regularly scheduled maintenance once per month); (b) Any failures of the Lexipol Standard and Custom Reporting Services that does not exceed six (6) hours per 3-month period and is communicated by Lexipol at least twenty-four (24) hours in advance via Lexipol's Normal Support Channels; (c) Any issues with a third -party service to which Agency subscribes but does not control; (d) Any problems not caused by Lexipol that result from, computing or networking hardware, other equipment or software under Agency's control, the Internet, or other issues with electronic communications; (e) Lexipol's suspension or termination of the Service in accordance with the Terms; (f) Exceeding Lexipol's published Concurrent Request Limits; (g) Software that has been subject to unauthorized modification by Agency; (h) Negligent or intentional misuse of the Service by Agency. City Council Copyright© Lexipol, LL21995-1?422 9/20/2022 Rev. 1.1.2022 Police Department www.santa-ana.org/pd Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Santa Ana Jail Inmate Communication and Digital Services AGENDA TITLE: Approve Agreement with Smart Communications Holdings, Inc. to Provide Inmate Communication and Digital Services (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Smart Communications Holdings, Inc. to provide inmate communication and digital services to the Santa Ana Jail for a five-year period, from November 1, 2022 through October 31, 2027, with an option for two, one-year extensions, in the amount of $650,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The State of California Board of State and Community Corrections requires all jails and correctional facilities within the state to provide reasonable access to a telephone beyond those calls which are required by Section 851.5 of the Penal Code. The Federal inmate housing agreements entered into by the City also require inmate access to telephones. Industry standards are increasingly leveraging technology to expand opportunities for inmate communication with friends and family through text and video platforms. The adoption of a tablet -based digital device network will markedly expand the City's ability to deliver communication, educational, religious, and entertainment content to persons who are incarcerated. On March 23, 2022 the Police Department issued a request for proposals (RFP #22-049) for inmate communications and digital services. On April 19, 2022 a pre -proposal conference was conducted, and on May 20, 2022 the City received proposals from five firms, of which four were responsive. An evaluation committee reviewed and rated the proposals for the following criteria: • Company/Team Experience (15%) • Financial Proposal (30%) • Proposed Solution (35%) • Overall Benefit to the City (20%) The results of the RFP evaluation are as follows: City Council 22 — 1 9/20/2022 Santa Ana Jail Inmate Communication and Digital Services September 20, 2022 Page 2 Proposer Location Score Smart Communications Seminole, FL 383 Inmate Calling Solutions San Antonio, TX 364 NCIC Longview, TX 335 ViaPath Technologies Falls Church, VA 309 400 Points Possible Smart Communications received the highest score as the most comprehensive solution. Their proposal specifies the lowest overall telephone calling rates at $0.07 per minute across all call types: local, long distance, and international. Smart Communications' proposed video visitation rate of $0.15 per minute is 40 percent less than each of the other proposers, and the paid entertainment content rate of $0.01 per minute is 80 percent less than other proposals containing paid content. The five-year term specified in the City's RFP and this agreement was designed to deliver the best possible final product at the lowest possible cost to both the City and persons incarcerated. Implementation of this project requires significant infrastructure improvements to the Jail facility, including network servers and other related hardware, Wi-Fi access points, installation of new conduits and facility -wide cabling, and as many as 400 tablet devices. Smart Communications' proposal assigns 100 percent of these costs to the vendor, while also delivering services at the lowest overall cost to the inmate population. Smart Communications' proposal provides for significant no -charge entertainment content, as well as weekly no -charge telephone calling, video visitation, and messaging allotments for all persons incarcerated. The proposal also includes outstanding educational programming opportunities, incorporating full -suite courses from publishers including Khan Academy and i-Pathways. Smart Communications' educational software also supports the ability for our local education partner, Santa Ana College, to upload full courses including text content, video and multimedia content, and test and quizzes for delivery on -demand. All educational, legal, and religious content is provided without cost of any kind. The inmates housed in the Santa Ana Jail pay for calls beyond mandated allowances and any applicable fees or additional services. Therefore, the City does not anticipate any expenses to be incurred during the period of this agreement. The agreement includes provisions for the inmate communication services provider to pay the City a percentage of inmate gross billable revenue. Revenues from this agreement are estimated at $130,000 annually, based on average telephone usage for calendar years 2019 and 2020 and anticipated digital content engagement. This revenue is composed of the following: • 60% of gross billed telephone revenue • 50% of digital content purchases City Council 22 — 2 9/20/2022 Santa Ana Jail Inmate Communication and Digital Services September 20, 2022 Page 3 The total anticipated revenue over the five-year term of the agreement is $650,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Revenues from this agreement will be deposited in the Jail Inmate Welfare Fund, Inmate Recovery account (no. 02314002-57403). Revenue estimates by fiscal year are as follows: Accounting Unit Fund Description Accounting Unit — Amount Fiscal Year — Account No. Account No. Description FY 22-23 02314002-57403 Inmate Welfare Inmate Welfare Fund, $86,667 Fund Inmate Recovery FY 23-24 02314002-57403 Inmate Welfare Inmate Welfare Fund, $130,000 Fund Inmate Recovery FY 24-25 02314002-57403 Inmate Welfare Inmate Welfare Fund, $130,000 Fund Inmate Recovery FY 25-26 02314002-57403 Inmate Welfare Inmate Welfare Fund, $130,000 Fund Inmate Recovery FY 26-27 02314002-57403 Inmate Welfare Inmate Welfare Fund, $130,000 Fund Inmate Recovery FY 27-28 02314002-57403 Inmate Welfare Inmate Welfare Fund, $ 43,333 Fund Inmate Recovery Total $650,000 These funds will be included in each respective fiscal year budget for anticipated expenditures that benefit the inmates housed at the Santa Ana Jail. EXHIBIT 1. Agreement with Smart Communications Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 22 — 3 9/20/2022 Exhibit 1 CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888.253.5118 }@ 10491 7211St. I Seminole, FL 33111 Master Services Agreement This Master Services Agreement (this "Agreement") is 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, hereinafter referred to as "Customer," and Smart Communications Holding, Inc. and/or its designated subsidiary or assignee, with principal offices located at 10491 72nd Street, Seminole, FL 33777, hereinafter referred to as "Provider." This Agreement supersedes any and all other agreements made between the Parties, written, oral or otherwise. Whereas, Customer desires that Provider install an inmate communications system(s) and provide inmate communications and maintenance services according to the terms and conditions in this Agreement, and according to the Schedules, which are incorporated by reference into this Agreement, and; Whereas, Provider agrees to install the inmate communications system(s) and provide inmate communications and maintenance services according to the terms and conditions in this Agreement, and according to the Schedules, which are incorporated by reference into this Agreement. Now therefore, in consideration of the mutual covenants and agreements hereinafter set forth, the Parties, intending to be legally bound, agree as follows: 1. Systems. This Agreement specifies the general terms and conditions under which Provider will perform certain inmate related services and systems (the "System(s)") for the Customer. Additional terms and conditions with respect to the Systems will be specified in the Schedules entered into by the Parties and attached (the "Schedules"). The Schedules are incorporated into this Agreement and are subject to the terms and conditions of this Agreement. In the event of any conflict between this Agreement and a Schedule, the terms of the Schedule shall govern. 2. Use of Systems and Exclusivity. In exchange for Provider installing, providing, and supporting its System and inmate communication services throughout Customer's Facility at no cost to Customer, Customer acknowledges, agrees, and grants to Provider the exclusive right to provide such services in Customer's Facility. Provider shall have the exclusive right to install, maintain, and derive revenue from and through Provider's inmate communication services and Systems including, without limitation, the related hardware and software, located in the Customer Facility as identified on the Schedules. Customer agrees that it will not resell, grant, or provide access to Provider's services or System, directly or indirectly, to any third party unless agreed to by Provider in a separate written agreement. During and subject to the terms and conditions of this Agreement, Provider shall be the sole and exclusive provider of inmate telephone services (ITS) and all inmate communication services available on or provided by a tablet or kiosk system as set forth in the accompanying Schedule(s), including but not limited to video and data services (e.g., electronic video visitation, electronic messaging and email, texting, photo delivery, and electronic entertainment) and inmate software applications (e.g., electronic delivery of routine postal mail, electronic medical or general requests, electronic grievances, electronic law library, and electronic education). 3. Hardware and Software License. For the term of this Agreement, Provider grants Customer a non-exclusive, non- transferable license to access and use certain proprietary computer software and hardware products and materials in connection with our inmate services and Systems. Provider will provide free of charge all Software upgrades, modifications, and updates. All hardware upgrades, modifications and updates will be done at Provider's sole discretion. Provider makes no representation or warranty as to the legality of monitoring or archiving such communications and activities. 4. Ownership. Smart Communications is and shall remain the owner of the equipment provided by Smart Communications whether or not physically attached to real estate. 5. License Restrictions: The Software is to be used solely in connection with Provider's Services by Customer and inmates housed at Customer's Facility in connection with Provider's services and Systems. The Hardware is to be City Council rage 1 oT _ 9/20/2022 Master Services Agreement y of anta Ana CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 598-253-5115 }@ 10491 7211St. I Seminole, FL 33111 used solely by inmates housed at Customer's Facility to access Provider's services and Systems. Unless and only to the extent that this Agreement expressly permits, Customer must not: i. permit any parent, subsidiary, affiliated entity or third party to use the Hardware or Software; ii. rent, lease, lend, assign, sublicense, encumber or otherwise transfer or attempt to transfer the Hardware or Software or any portion thereof; iii. alter, create derivatives of, or modify the Hardware or Software in any way, or allow a third party to do so; iv. connect the Software or Hardware to any third -party products or services that were not approved of in writing by Provider; v. distribute or otherwise make the Hardware or Software or any password, key, or other access code for the Software available to any third party; vi. reverse engineer, decompile, or disassemble the Hardware or Software, or allow a third party to do so; vii. defeat or work around any access restrictions or encryption in the Software, or allow a third party to do so; viii. remove, minimize, block, or modify any titles, logos, trademarks, copyright and patent notices, digital watermarks, disclaimers, or other legal notices that are included in the Software, whether or not they are Provider's or a third party's; 6. Title. Provider shall have and retain all rights, title, and interest in the products and services provided to Customer. The Hardware, Software, Systems, networking, and cabling, including all modifications and updates of Software, shall at all times remain the sole and exclusive property of the Provider. Any trade secrets, methodology and processes of our services and Systems constitute proprietary information of Provider, regardless of any part or portion thereof is the subject of a valid copyright or patent. During the term of this agreement and for the time period(s) as stated in the Schedule for Systems, we will provide you access to the records. 7. Term. This Agreement shall commence on November 1, 2022 and shall continue for a period of five (5) years. After the original five (5) year term, this Agreement may be renewed for two (2) additional one (1) year terms upon written notification by Customer or as otherwise agreed by the Parties. The parties agree that the terms and conditions herein shall govern for so long as Provider continues to provide its system and services. 8. Limitation of Liability. To the maximum extent permitted by applicable law, Provider shall indemnify and hold harmless Customer, his agents, servants and employees from any and all claims, actions, lawsuits, judgments or liabilities of any kind whatsoever deriving from negligent acts or omissions of the Provider, its agents or sub- contractors. Each Party agrees that it shall be solely responsible for the negligent or wrongful acts of its own employees. However, nothing contained herein shall constitute a waiver by Customer of its sovereign immunity or other applicable State Statutes. Notwithstanding anything to the contrary in this Agreement or Schedules, in no event will Provider's liabilities under this agreement, whether under contract law, tort law, warranty, or otherwise, exceed the total amount of revenue received by Provider pursuant to this agreement, during the twelve (12) month period before the date the claim arose. 9. Confidential Information and Non -Disclosure. The parties acknowledge that in their performance of their duties hereunder either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning the party's services and know-how, technology, techniques, or business or marketing plans related thereto (collectively, the "Confidential Information") all of which are confidential and proprietary to, and trade secrets of, the disclosing party (the "Disclosing Party"). As a condition to the receipt of the Confidential Information from the Disclosing Party, the receiving party (the "Receiving Party") shall, at all times during and after the term of this Agreement (i) not disclose in any manner, directly or indirectly, to any third party any portion of the Confidential Information; (ii) not use the Confidential Information in any fashion except to perform its duties hereunder or with the Disclosing Party's express prior written consent; (iii) disclose the Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the Receiving Party's internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the City COUIICIl Master Services Agreement fLtaAna 9/20/2022 yo CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us & 888-253.5118 }@ 10491 7211St. I Seminole, FL 33111 same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure. The Receiving Party shall promptly notify the Disclosing Party of any unauthorized disclosure or use of the Confidential Information. The Receiving Party shall cooperate and assist the Disclosing Party in preventing or remedying any such unauthorized use or disclosure. The term "Confidential Information" does not include, and the obligations and undertakings set out in this section do not apply to: (a) Information which now is in the public domain or publicly known at the time of disclosure or hereafter comes into the public domain or generally known through no fault of the Receiving Party, otherwise than by reason of breach of this Agreement; (b) Information the disclosure of which is requested or required by law, regulation, court order or a regulatory agency, provided that, prompt notice of such requested disclosure shall be given to the Disclosing Party, if legally permitted, so that Disclosing Party may seek appropriate remedy to prevent such disclosure or waive compliance with the provisions of this Agreement and the Receiving Party, its directors, officers, employees, agents and advisers shall reasonably co-operate with the Disclosing Party, at the Disclosing Party's sole cost and expense, if the Disclosing Party elects to challenge the validity of such requirement and/or take such steps as the Disclosing Party may reasonably require to avoid or limit such disclosure; (c) Information that was previously known to the Receiving Party free of any obligation of confidentiality; (d) Information that is independently developed by the Receiving Party without reference to or use of the Confidential Information; or (e) Information that is disclosed to the Receiving Party by a third party not under or in violation of, as the case may be, any confidentiality undertaking to the Disclosing Party. Subsections (a) through (e) of this paragraph notwithstanding, the parties agree that the technology behind the Providers Services and Systems is Confidential Information and is a trade secret of Provider. 10. Default and Termination. If either party defaults in the performance of any obligation under this agreement, then the non -defaulting Party must give written notice to the defaulting Party specifically describing the nature of default and clearly notifying the defaulting party that the written notice is being provided pursuant to this provision. The defaulting Party shall have thirty (30) days after receipt of notice of default to cure. If it is not reasonable to cure the default within 30 days, then the right to cure period shall be extended to a reasonable cure period as long as the defaulting Party has made good faith attempts to cure the default. Upon termination of this Agreement, Provider shall remove all hardware and software Systems except for the cabling and conduit which shall become the property of the Customer. Provider shall have the right to immediately terminate this Agreement if Customer breaches the Confidentiality or Non -Disclosure provisions of this Agreement. 11. 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 $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), withlimit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with StatutoryLimits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Customer 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. City COUIICIl Master Services Agreement y of Santa Ana 9/20/2022 CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888-253-5178 }@ 10491 12" St. I Seminole, FL 33111 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 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 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 Consultant's insuranceand shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Consultant hereby grants to Customer a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Customer by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the Customer 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 Customer may require theConsultant 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 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 Entity. 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 (S) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims-madepolicyform with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (S) years after completion of contract work. Verification of Coverage City COUIICIl Master Services Agreement y of Santa Ana 9/20/2022 CORRECTIONS SIMPLIFIED. 0 wwwsmartcommunications.us QQ 888-253-5178 }@ 10491 72" St. I Seminole, FL 33111 Consultant shall furnish the Customer 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 allpolicy endorsements to Customer 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 Customer 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 Customer is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12. Employees. Provider represents that it has, or will secure at its own expense, all personnel required in performing its obligations under this Agreement. All of the services required hereunder will be performed by the Provider or under its supervision and all personnel engaged in the work shall be fully qualified to perform such services. Provider and any subcontractors used in the performance of the responsibilities listed herein must maintain a drug -free workplace policy. Customer acknowledges that Provider is an independent contractor and nothing in this Agreement is intended nor shall be construed to create an agency relationship, and employer/employee relationship, a joint venture relationship or any other relationship allowing Customer to exercise control or discretion over the manner by which Provider performs hereunder. Provider expressly agrees that it shall be solely responsible for supervising its employees, that it shall comply with all rules, regulations, orders, standards and interpretations promulgated pursuant to the OSHA Act of 1970, including but not limited to training, recordkeeping, providing personal protective equipment, lock/tag out procedures, material safety data sheets and labeling. Provider certifies that neither it nor any subcontractors used to accomplish its obligations hereunder, shall employ unauthorized aliens. Provider certifies that in accordance with the provisions of Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 and Executive Order 11914, that neither it nor any subcontractors used to accomplish its obligations hereunder discriminate on the basis of race, color, sex, religion, age, national origin or disability in their employment practices. Miscellaneous 13. Warranty Against Contingent Fees. Provider warrants that no person or selling agency has been employed or retained to solicit this contract upon an agreement of understanding for commission, percentage, brokerage or contingency, except bona fide employees or selling agents maintained by the Provider for the purpose of securing business. 14. Subcontracts. Provider shall be allowed to use subcontractors for the purpose of completing the provisions of this Agreement. 15. Provider Personnel. All Provider personnel being permitted to work in the Customer Jail Facility will be subject to a security/background check by the Office of the Sheriff. 16. Provider Cooperation. Provider shall, at all times observe and comply with all Federal, State, and local municipal laws, ordinances, rules and regulations in any way affecting the Agreement. The Provider shall maintain regular communications with Customer, or its designees, and shall actively cooperate in all matters pertaining to this Agreement. 17. Public Information. Neither the Provider nor the Customer shall publish any findings based on data obtained from the operation of this agreement without the prior consent of the other party, whose written consent shall not be unreasonably withheld. City Council Master Services Agrge 5 o yof§antaAna 9/20/2022 CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888-253-5178 }a 1049112""St. I Seminole, FL 33111 18. Permits and Licenses. All permits and licenses required by Federal, State, local laws, rules, and regulations necessary for the implementation of the work undertaken by the Provider pursuant to the Agreement shall be served and paid for by the Provider. It is the responsibility of the Provider to have and maintain the appropriate certificate(s) valid for work to be performed and valid for the jurisdiction in which the work is to be performed for all persons working on the job for whom a certificate is required. 19. Third -party Rights. The rights, obligations and duties contained in this Agreement shall exist exclusively between the Parties. The Parties expressly agree and intend that they alone shall have the exclusive rights to seek legal or equitable enforcement, remedy, injunctive relief or to bring a breach of Agreement action. The Parties do not intend to create, nor shall this Agreement be construed to create in any other individual or entity the status of a third -party beneficiary. 20. Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision hereof. 21. Compliance with Laws. Provider shall comply with all Federal, State and local laws, rules, and regulations applicable to the services or payments for services under this Agreement. 22. Governing Law. The parties mutually consent to the jurisdiction of and agree that any litigation arising hereunder shall be brought and completed in Orange County, California and governed by the laws of the state of California. 23. Attorney Fees. In the event of litigation concerning this Agreement, the Parties shall each be responsible for their own attorney's fees and costs. 24. Completeness of Agreement. This Agreement, together with any additional or supplementary Schedules or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the Parties hereto. This Agreement may be amended or revised only in writing and signed by all the parties. 25. Force Majeure. Provider will not be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder for any reason beyond its control, including without limitations, strikes, inmate disturbances, failure of Customer to provide proper security services, acts of God, civil or military authority, acts of public enemy, war, terrorism, accidents, fires, explosions, earthquakes, floods, or any similar cause beyond the reasonable control of either Party. 26. Assignment. Provider may assign this Agreement or any interest herein at any time to any parent, successor, or subsidiary with prior written notice to Customer. 27. Severability. In the event any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement which shall remain in full force and effect and enforceable in accordance with its terms. 28. Matters to be Disregarded. The titles of the several sections, subsections and paragraphs set for in this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this Agreement. 29. Interpretation. The language in this Agreement is to be construed according to its plain meaning and not strictly for or against either party. The parties have reviewed this Agreement and no ambiguities are known to exist; however, to the extent any ambiguity is later discovered, any rule that such ambiguity is to be resolved for or against either party does not apply. 30. Notices. Any notices, demands, payments or reports required by this Agreement shall be in writing and sufficient City Council Master Services Agrge 60t yof5antaAna 9/20/2022 CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 598-253.5118 }@ 10491 72" St. I Seminole, FL 33111 if sent by the parties hereto via registered or certified United States mail, postage prepaid, to the notice addresses below: Customer (City of Santa Ana): Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Courtesy Copy to: Santa Ana Police Department Attn: Chief of Police 60 Civic Center Plaza Santa Ana, CA 92702 Provider (Smart Communications Holding, Inc.): Attn: Jonathan Logan Smart Communications 10491 72" d St. Seminole, FL 33777 31. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same Agreement. Any signature page of any such counterpart, or any telecopy or other electronic facsimile thereof, may be attached or appended to any other counterpart to complete a fully executed counterpart of this Agreement, and any telecopy or other electronic transmission of a signature shall be deemed an original and shall bind the party who made such signature. 32. Authority. Each Party represents and warrants that it possesses or has obtained the authority to enter into this Agreement, and that the individual signing on its behalf likewise has authority to do so. City Council Master Services Agreement 2gy of lalita Ana 9/20/2022 CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888-253-5178 }@ 10491 72"St. I Seminole, FL 33111 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the duly authorized Officers and Agents and have set their hands and seals hereto as of the day and year written below. Customer: City of Santa Ana By: See Attached Signature Page Name: Title: Date: Email: Provider: Smart Communications Holding, Inc. By: / Name: Jon Logan Title: CEO Date: September 2, 2022 Email: ion.logan(&smartcommunications.us City Council Master Services Agreement 2gyoflaItaAna 9/20/2022 CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888.253.5118 }@ 10491 7211St. I Seminole, FL 33111 Schedule of Services Agreement This Schedule is between the 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 "Customer," and Smart Communications Holding, Inc. and/or its designated subsidiary or assignee, with principal offices located at 10491 72nd Street, Seminole, FL 33777, hereinafter referred to as "Provider." This Schedule is part of and governed by the Master Service Agreement, the "Agreement", executed by the Parties. The terms and conditions of the Agreement are incorporated herein by reference. The Customer's Facility Name and address is: City of Santa Ana Jail, 62 Civic Center Plaza, Santa Ana, CA 92701. Commission Payments shall be remitted to the following: Payee: City of Santa Ana Address: 62 Civic Center Plaza, Santa Ana, CA 92701 Provider and Customer agree to the following terms and conditions in connection with Provider's installation and provision of inmate communication services to Customer's Facility: Inmate Telephone System 1. Customer grants to Provider the exclusive right to install and maintain Inmate Telephone Services within and throughout Facility, including for any future expansion of telephone service to buildings or locations under control of Facility, during the term of this Agreement. 2. Provider will make available to each inmate at Customer's Facility one free phone call per week, up to fifteen (15) minutes in length, to satisfy the needs of indigent inmates. 3. Thereafter, Provider shall establish rates for telephone services as set forth below. Call Type Collect PrePaid Collect PrePaid Debit Local $0.07 $0.07 $0.07 Intrastate $0.07 $0.07 $0.07 Interstate $0.07 $0.07 $0.07 International $0.07 $0.07 $0.07 4. This Agreement includes all other premises, whether now existing (e.g., if a different vendor has a contract and equipment at such premises, this clause applies at the earliest termination opportunity) or subsequently acquired, under the control of Customer within Provider's service areas. Customer will advise Provider in writing, of newly opened, acquired, or available premises, promptly, and Provider can evaluate installation of its telephone services at these premises. 5. In consideration of the compensation paid to Customer under this Agreement, Customer expressly waives carrier selection rights, where applicable, and Provider expressly reserves the right to select and/or contract for the local, City Council Pagel of?2 — 12 9/20/2022 Schedule of Services Agreement City of Santa Ana CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 599-253-5119 }@ 10491 7211St. I Seminole, FL 33111 intraLATA and interLATA carrier selections for the telephones subject to this Agreement and intended for placement at Customer locations. Smart Communications' Responsibilities (Inmate Telephone System) 6. Provider's telephone services and system are provided by way of Provider's Smart-EVOTM ITS terminals, which will be installed in quantities and at locations that are mutually agreed upon by both parties. 7. Provider shall service and maintain its telephone system and Smart-EVOTM ITS terminals at Provider's expense, except as otherwise agreed upon herein. 8. Provider shall comply with the Americans with Disabilities Act (ADA) for all equipment it provides. 9. Provider shall provide the Customer an annual review of revenue performance, facility service needs, and expansion requirements and will discuss with the Customer the appropriate action to be taken by Provider at the Customer's request. Commissions and Payments 10. Provider agrees to pay Customer certain commissions collected from its inmate phone system. Said commission is based upon Customer's grant to Provider exclusivity for the services described herein, including secure two-way electronic messaging, video visitation, and entertainment. 11. Provider shall make monthly commission payments to Customer in the amount of sixty percent (60%) of revenues generated from all phone calls made on its Inmate Telephone System, regardless of call type or call rate. Provider shall additionally pay Customer 100% of revenue generated from inbound voicemail messages, which are provided at a fixed rate of $1.00 per voicemail. 12. Starting the first month after Provider's system and services are installed and live, Provider will pay Customer said commission payments on or before the 30th day of the month. 13. Commission schedule is based on rate caps as of the time Provider's proposal was made. To the extent the Federal Communications Commission (FCC) or other governing body changes allowable rates, Provider shall have the right to renegotiate commissions, which the parties agree to do in good faith. Customer's Responsibilities (Inmate Phone System) 14. Customer agrees to provide adequate space for installation of Provider's Smart-EVOTM ITS terminals, and easy accessibility for inmate use during the normal operating hours. In the event Customer is not the owner of the premises, Customer shall, where necessary, obtain permission from the building owner or owner's agent for the placement of the ITS terminals, and shall be responsible for any fees for use of required riser cable and electric power. 15. Customer agrees to maintain the area around the ITS terminals and ensure safe and ready access by inmates. 16. Customer agrees to allow Provider access to perform maintenance during the established hours of accessibility as jointly agreed by the parties, except when access must be denied to ensure the safety of Provider service personnel and/or to maintain institutional control. 17. Customer agrees to allow Provider, with prior written approval of Customer, access to and use of house cable and inside wire at no cost, in order to install and provide telephone service. Any new house cable or inside wire required during the contract term will be at the sole expense of the Provider, unless otherwise negotiated with Customer. City Council 22 — 13 9/20/2022 CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888-253-5178 }@ 10491 7211St. I Seminole, FL 33111 18. Customer agrees that any relocation, expansion, addition, or removal of ITS hardware, equipment, or terminals, which would result in extraordinary expenses must be agreed to by Provider in advance of the cost being incurred or alternately, the cost be paid by Customer. 19. Customer agrees to exercise reasonable and ordinary care to prevent the loss through theft or damage to the ITS terminals and equipment from any source. 20. Customer agrees to, at its option, purchase and provide enclosures at its own expense for Telephones. In the event Customer elects to provide its own enclosures, Customer shall be responsible for installation and maintenance of said enclosures. 21. Customer represents and warrants that Provider's ITS system will be installed on property owned by the Customer, or if Customer is not the owner of the premises, Customer has obtained permission from the Facility's owner or owner's agent. SmartTabletTM and Secure Network 22. The SmartTabletTM system and its entire supporting infrastructure are provided at no cost to Customer or inmates. 23. Provider will furnish the proprietary SmartTabletTM on an initial 1:2 inmate to tablet ratio based on the Average Daily Population ("ADP"). Thereafter, usage will be monitored and increased for a given housing area if usage rates for that area exceed 40% on average. Sufficient reserve tablets shall also be provided. Customer shall determine which inmates have access to the SmartTabletsTM 24. The SmartTabletTM is a custom, wireless, ruggedized and correctional grade tablet of our custom specifications that will connect to our secure network. 25. The SmarffabletTM software operating system and applications are all custom -compiled for a corrections environment to ensure that only the minimum operating system components and applications are present. The inmate only has access to applications that are approved for their use, and the operating system is only allowed to connect to our own secure wireless network within the facility. 26. The network itself is designed to facilitate applications within a corrections environment. We utilize a deny -by - default policy on all traffic, so nothing may traverse the network unless specifically allowed and enabled. We utilize a defense -in-depth strategy which employs many layers of security. If any one layer of security is breached, there are many others to provide continuing protection. Distribution and Refurbishment Plan (SmartTabletsTM) 27. We will provide a tablet charging station and "home base" within each housing unit within the facility. These home bases will be permanently installed into a housing area (e.g. wall mounted). Each home base provides the necessary connections for charging the tablets, as well as a convenient storage location to ensure all tablets are accounted for during non -usage times. 28. Each tablet is assigned to a specific housing area and will only allow inmates within that housing area to sign in and use a tablet. Individual tablets are not assigned to specific inmates. Any inmate in a given housing unit may use any tablet that is assigned to that housing unit. If a tablet that an inmate is using stops working, they can return it to a deputy for maintenance, and then take a different tablet and sign on and gain full access to their account and content. Provider will provide to the Customer a sufficient number of extra SmartTabletsTM so that the available number of SmartTabletsTM will always meet the approved ratio. In the event a tablet stops working, no longer holds a charge, is damaged, or is otherwise in need of service, facility staff can replace the malfunctioning tablet with a new City Council Page 3 of?2 — 14 9/20/2022 Schedule of Services Agreement City of Santa Ana CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888-253-5118 }@ 10491 7211St. I Seminole, FL 33111 working SmartTabletTM. We will provide pickup and delivery of malfunctioning and replacement SmartTabletsTM at no charge to the Sheriff's Office. Damage (SmartTabletsT) 29. The tablets provided are ruggedized for use in a correctional setting. They have been drop tested from two stories high to a concrete floor without damage; however, if an inmate is determined, they can be damaged enough to require repair. Should this occur, the facility will be required to fill out a damage report form. We will seek restitution from the inmate with the assistance of your agency. SmartInmateTM Electronic Messaging 30. Provider will provide a fully functional electronic messaging system for the inmates of the Customer's Facility (SmartInmateTM). Provider is responsible for providing and installing all of the hardware, the software to include the operating systems and application software, and all networking requirements needed for operation of the system. Provider shall be exclusively entitled to all revenue derived from electronic messaging and photo delivery. 31. Provider will provide at no cost to Customer the labor for the installation of the SmartInmateTM electronic messaging system. 32. Provider will provide at no cost to Customer the labor, hardware, and software needed for the continued operating, maintaining, and networking of the electronic messaging system. 33. Provider is responsible for all the costs and future costs associated with any modification, reconfiguration, or upgrade of the electronic messaging system at the Customer's Facility. These costs do not include the costs of the actual electrical power. 34. Provider will provide each inmate at Customer's Facility with credits for two (2) messages per week at no charge, to satisfy the needs of indigent inmates. 35. Customer shall have the capability of monitoring and reviewing all electronic messages and attachments sent through the electronic messaging system, except those messages deemed to be privileged under law between attorney and client. Further, Provider will maintain a record of all electronic messages sent through the electronic messaging system for a period of seven (7) years from the time the message is sent. 36. Friends and Family can access the electronic messaging and photo delivery system via the SmartInmate.com website. 37. Electronic Messaging. Each email message is billed at fifty cents ($0.50), which corresponds to 50 credits. 38. Photo Delivery Service. Each approved photo is billed at one dollar ($1.00), which corresponds to 100 credits. Customer's Responsibilities (SmartInmateTM Electronic Messaging) 39. Customer will provide access to the Customer Jail Facilities and space within the Facilities, subject to operational security requirements, for Provider to install, network, and maintain the electronic messaging system. Emergency access to the system will be granted as needed Monday through Friday 8:00 am to 4:00 pm. Non - emergency access will be granted within twenty-four (24) hour notice by Provider. 40. Customer will include information regarding the SmartInmateTM messaging system in Facility's Inmate Handbook and in all other areas where information on the Inmate Telephone System is located. City Council Page 4 of?2 — 15 9/20/2022 Schedule of Services Agreement City of Santa Ana CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888-253.5118 }@ 10491 72"St. I Seminole, FL 33111 41. Customer will provide information regarding the SmartInmateTM messaging system in at least one location next to the inmate mailing address on Customer's website, with a link to the SmartInmate.com website. 42. Upon completion of installation and appropriate system testing, Customer will allow the electronic messaging to go live within forty-eight (48) hours' notice of system availability. 43. Customer will provide a list electronically twice each day of all inmates residing in the Customer Jail Facilities and their current housing assignments. Provider will use this listing to ensure that each inmate is authorized to use only those kiosks and tablets appropriate to their housing assignment. 44. Customer will give prompt notice, in writing, to Provider of any trouble or irregularity in the functioning of the electronic messaging system, as a whole. Patented MailGuard Postal Mail Elimination System 45. Provider is the exclusive licensee of MailGuard®, the patented postal mail elimination system covered by U.S. Patent No. 1,0291,617 and multiple pending patent applications. 46. Provider shall provide its patented MailGuard Postal Mail Elimination system at no cost to Customer. Provider's MailGuard® service converts regular incoming postal mail into an electronic document that is delivered to the inmate recipient via the SmartTabletsTM or SmartKioskTM within the Customer's Facility. 47. Provider shall provide all the equipment and support services to operate the MailGuard® system and transmit incoming routine postal mail into an electronic document to be delivered to the inmate on the SmartTabletsTM or SmartKioskTM at no cost to Customer. 48. For purposes of this agreement, "routine mail" means all regular incoming correspondence between inmates, family and friends and excludes all legal mail, packages, books, magazines, periodicals and religious mail. All legal mail, packages, books, magazines, or other non -routine inmate mail will still be sent to Customer's Facility for delivery. 49. MailGuard® will only integrate with and transmit incoming routine mail to the SmartTabletsTM or SmartKioskTM 50. Provider is responsible for all the future costs associated with any modification, reconfiguration, or upgrade of the MailGuare system at the Customer Jail Facilities. These costs do not include the costs of the actual electrical power. 51. MailGuard® shall become the Inmates' designated Agent to process and electronically deliver incoming routine inmate mail pursuant to Customer's mail policy which shall promote the intent of this Agreement. 52. Customer will instruct and publish on its website that all incoming routine mail must be sent to the designated Post Office Box for electronic delivery via the MailGuardo system. 53. Provider shall be solely responsible for the cost of maintaining the Post Office Box designated by the Customer for incoming routine mail to be sent. 54. Provider will retrieve incoming routine mail from the designated Post Office Box and process and transmit that mail in an expeditious manner. 55. The MailGuardo public website will allow inmates to log into their account and retrieve electronic copies of their processed incoming routine mail for thirty (30) days from the date of their release from the Customer's Facility. City Council Page 5 of?2 — 16 9/20/2022 Schedule of Services Agreement City of Santa Ana CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888.253.5118 }@ 10491 7211St. I Seminole, FL 33111 56. Provider will maintain electronic records for a period of seven (7) years from the date of the inmate's release from the Customer's Facility. During the term of this Agreement and upon request, we will provide Customer with electronic copies of the requested record for the purpose of inspecting, examining, and auditing the Provider's records directly relevant to Customer's Facility. 57. MailGuard® will provide Customer with the capability of monitoring and reviewing all electronic mail sent through the MailGuard® system, except those messages deemed to be privileged under law between attorney and client. Customer's Responsibilities (MailGuardo) 58. Customer shall be responsible for informing inmates and inmates' friends and family that all routine correspondence must be sent to the designated MailGuard® Post Office Box. Customer will include information regarding the MailGuare system in the Inmate Handbook and in all other areas where information regarding the Inmate Mail Policy and Procedures are located. 59. Customer will provide information regarding Customer's incoming postal mail policy, the MailGuardo system and the MailGuard® procedure for processing and/or disposing of all incoming mail and pictures in at least one location next to the inmate mailing address on the Customer's website and very clearly state that all incoming routine mail MUST be mailed to the MailGuardo designated Post Office Box. 60. Customer will instruct on its website that all incoming routine mail must be sent to the designated Post Office Box for electronic delivery via the MailGuardo system and display information regarding the Customer's incoming postal mail policy, the MailGuard® system and the MailGuardo procedure for processing and/or disposing of all incoming mail and pictures. 61. Should the Customer receive incoming routine mail instead of the designated Post Office Box, the Customer will be responsible for the delivery of said mail to MailGuardo for processing. 62. Upon completion of installation and appropriate system testing, Customer will allow the MailGuardo system to go live within forty-eight (48) hours' notice of system availability. 63. Customer will provide a list electronically twice each day of all inmates residing in the Customer Jail Facilities and their current housing assignments. 64. Customer will give prompt notice in writing to Provider of any trouble or irregularity in the functioning of the MailGuard® system. Patented MailGuard Lega1TM System 65. Provider is the exclusive licensee of MailGuard Lega1TM, the patented postal mail elimination system for legal mail covered by U.S. Patent No. 10,659,630 and other pending patent applications. 66. Provider will provide, install, and maintain its patented MailGuard Lega1TM Mail system, which will include a sufficient number of MailGuard Lega1TM Mail Scanning Carts to handle the volume of legally privileged mail or other mail deemed to be legal mail (the "Legal Mail") to be processed by the Facility. 67. Customer acknowledges and agrees that Legal Mail must be opened in the presence of the inmate. 68. Provider will install and maintain its proprietary software and the additional infrastructure necessary to operate its patented MailGuard Lega1TM system, at no cost to Customer. 69. The Legal Mail may be scanned in the presence of the inmate for electronic delivery to the inmate or printed to hard copy for physical delivery to the inmate, in accordance with Provider's patented MailGuard LegalTM City Council Page 6 of?2 — 17 9/20/2022 Schedule of Services Agreement City of Santa Ana CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888-253-5178 }11 10491 72'" St. I Seminole, FL 33111 system. 70. Customer understands and agrees that the MailGuard Lega1TM system does not allow for any electronic copies of Legal Mail to be monitored, reviewed, or investigated. 71. Customer agrees to adhere to all applicable laws in order to maintain the privileged nature of privileged communications while using or supervising the inmates' use of Provider's patented MailGuard Lega1TM Mail system. Video Visitation 72. Provider will provide at no cost to Customer a fully functional video visitation system for the inmates of Customer's Facility. Provider is responsible for providing all hardware (i.e. tablets and kiosks), the software (including the operating systems and application software), and all networking requirements needed for operation of the system. Provider shall have the exclusive right over any other vendor to provide the services of and to derive revenue from remote video visitation. 73. Provider's video visitation system will be accessible to inmates via video visitation kiosks that will be installed in quantities and locations as agreed by the Parties, including onsite video visitation (public) kiosks and/or lobby kiosks. 74. Provider will provide at no cost to Customer the labor, hardware, and software needed for the continued operating, maintaining, and networking of the video visitation system, including any public or lobby kiosks. 75. Provider is responsible for all the costs and future costs associated with any modification, reconfiguration, or upgrade of the video visitation system at Customer's Facility. These costs do not include the costs of the actual electrical power. 76. Provider will provide Customer with the capability of monitoring the video visitations, except those visitations deemed to be privileged under law between attorney and client. Provider will maintain a record of all parties of the video visitation system for a period of seven (7) years from the time of the visitation. 77. Friends and Family can access and purchase and schedule the video visitation sessions via the Smartjailmail.com website. 78. Remote video visitation will be made available to inmates 7 days a week, in keeping with the same hours and time availability of the inmate phone system. 79. Onsite video visitations shall be provided at no change. Remote video visitations with an attorney shall also be provided at no charge. In addition, Provider will make available to each inmate at Customer's Facility one free remote video visitation session per week, up to fifteen (15) minutes in length, to satisfy the needs of indigent inmates. 80. Thereafter, remote video visitation sessions (scheduled or on demand) will be billed at $0.15 per minute, subject to change by mutual agreement of the parties. 81. Provider shall pay Customer a commission in the amount of fifty percent (50%) of the revenue collected from use of its remote video visitation system. 82. Provider shall pay commissions to Customer on a monthly basis, no later than thirty (30) calendar days from the end of each calendar month for which the remote video visitation services are provided. City Council Page 7 of?2 — 18 9/20/2022 Schedule of Services Agreement City of Santa Ana CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us & 888.253.5118 }@ 10491 7211St. I Seminole, FL 33111 Grievances, General and Medical Requests 83. We shall provide at no cost to the Customer and Inmate electronic general and medical requests as well as well as electronic grievance forms via the SmartTabletTM or SmartKiosO 84. Our System presents Inmates with a list of available forms, and once a form has been selected and submitted, it is automatically routed to the appropriate person or department for processing. Law Library 85. Provider shall provide access to a law library at no cost via SmartTabletTM or SmartKioskT devices. The law library provides access to Federal and State statutes and case law, as well as a legal dictionary, practice manual, and other legal aides to assist inmates with researching material appropriate for their case. Electronic Education & Entertainment 86. Provider will provide access to its extensive SmartEr educational platform via the SmartTabletTM, where a full suite of Educational Programs can be made available. 87. Provider shall provide access to its SmartEntertainmentTM platform via the SmartTabletTM for streaming basic content (free) and premium content (at a rate of one cent ($.01) per minute). 88. Provider shall pay Customer a commission in the amount of fifty percent (50%) of revenue collected from streaming of premium entertainment content. 89. Provider shall pay commissions to Customer on a monthly basis, no later than thirty (30) calendar days from the end of each calendar month for which the entertainment services are provided. Commissary Hosting and Integration 90. At Customer's request, Provider will host Customer's commissary vendor's menu on Provider's system, at no cost to Customer. 91. At Customer's request, Provider will integrate with Customer's jail management system (JMS) at no cost to Customer. Customer Training 92. Upon the installation of Provider's system, Provider shall provide Customer staff with extensive training for all services and features available to Customer pursuant to this Agreement. In addition, Provider will provide refresher or new training sessions to Customer staff as necessary, including as new staff is hired by Customer. THIS PORTION INTENTIONALLY LEFT BLANK City Council Page 8 of?2 — 19 9/20/2022 Schedule of Services Agreement City of Santa Ana CORRECTIONS SIMPLIFIED. 0 www.smartcommunications.us © 888-253-5178 }@ 10491 72"St. I Seminole, FL 33111 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the duly authorized Officers and Agents and have set their hands and seals hereto as of the day and year written below. Customer: City of Santa Ana By: See Attached Signature Page Name: Title: Date: Provider: rt Communications Holding, Inc. By: Name: Jon Logan Title: CEO Date: September 2, 2022 City Council Page 9 of?2 — 20 9/20/2022 Schedule of Services Agreement City of Santa Ana Signature Page - Smart Communications Master Services Agreement and Schedule of Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: j� TAMARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police City Council 22 — 21 9/20/2022 Police Department www.santa-ana.org/pd Item # 23 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Inmate Medical Services Agreement AGENDA TITLE: Approve Agreement with California Forensic Medical Group, Inc. and Wellpath to Provide Inmate Medical Services for the Santa Ana Jail (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with California Forensic Medical Group, Inc. and Wellpath to provide basic and emergency inmate health care services for the Santa Ana Jail in an amount not to exceed $10,070,246 including a $200,000 contingency, for a three-year period beginning October 1, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The State of California, Board of State and Community Corrections (BSCC) mandates that agencies provide essential and emergency health care services to incarcerated individuals within their custody. Additionally, the City of Santa Ana's federal and local contracts require the City to provide medical services to contract inmates. On May 7, 2021, the City hired C Cesario Medical Consulting, LLC to assess the Santa Ana Jail's operational needs and prepare a request for proposals (RFP) for inmate medical services including regulatory issues mandated by state law and compliance with BSCC standards. Using their expertise in this highly specialized and technical area, C Cesario Medical Consulting, LLC observed the physical layout of the facility and its current operations, and analyzed several years of the Jail's medical data and industry best practices to finalize a comprehensive RFP maintaining a balance between cost and quality. On March 8, 2022, the Police Department issued RFP No. 22-025 for inmate medical services for an average daily population of approximately 400 inmates. On May 6, 2022, the City received proposals from three firms. An evaluation committee reviewed and rated the proposals for the following criteria: City Council 23 — 1 9/20/2022 Inmate Medical Services Agreement September 20, 2022 Page 2 • Technical Proposal (25%) • Scope of Services (45%) • Reasonableness of Cost (30%) The results of the RFP evaluation are as follows: Proposer Location Score California Forensic Medical Group San Diego 381 NaphCare Birmingham, AL 342 Vital Medical Services Glendale 342 400 Points Possible Among all viable proposals, California Forensic Medical Group, Inc. and Wellpath (CFMG) was the most responsive, capable, and comprehensive, and had the lowest overall cost. Their proposal was well written with a detailed description of the operational metrics to meet or achieve each of the RFP's mandatory indicators. CFMG provided the most detailed executive summary and description of how they would deliver clinical and administrative services to meet the objectives listed in the scope of service as presented in the RFP. CFMG has a significant client presence in the state of California (currently 36 jail/police department clients). CFMG's significant market share will provide the Santa Ana Police Department with additional resources, including: clinical, administrative and leadership when needed. CFMG has developed a comprehensive staffing plan for the Santa Ana Jail. CFMG will provide properly trained personnel to ensure a continuity of care that meets state and federal laws, including: California Title 15 and 24, U.S. Marshals Standards, Bureau of Prisons, correctional community standards for health care as per National Commission on Correctional Health Care and the Prison Rape Elimination Act guidelines. The CFMG proposed staffing plan includes 24/7 coverage that includes: Clinical Practitioner Services that provide direct patient care, assess and manage acute and chronic illnesses, prescribe medication, assess the need for off -site services and referrals, manage overall medical services, and supervise delivery of medical care. Registered nurses will manage a sick call program, conduct receiving screenings, conduct health assessments, and operate a detox program. CFMG will also verify and administer medications, provide wound care, and conduct urgent sick calls. CFMG's mental health services consist of clinical services and consultation for patients with serious mental illnesses, suicidal ideation, and/or behavioral disturbances. CFMG will handle mental health intakes, referrals, crisis management and suicide prevention measures. Additionally, CFMG will oversee special housing units (i.e., segregation, detox, and mental health housing) and offer both individual and group counseling services. Lastly, CFMG will provide discharge planning to patients receiving mental health services and will liaison with community resources. City Council 23 — 2 9/20/2022 Inmate Medical September 20, Page 3 Services Agreement 2022 Finally, a multi -disciplinary Quality Improvement (QI) Committee will direct medical activities at the Jail. The site Medical Director will lead the QI Committee, which will also include the Health Service Administrator, site Safety Coordinator, Dentist, Mental Health Coordinator, and appropriate Santa Ana Police Department representative(s). The QI Committee will be responsible for performing monitoring activities, discussing the results, and implementing corrective actions if needed. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this agreement are available and will be budgeted in future fiscal years for expenditure in the Jail Operations, Contract Services account (no. 01114475-62300) as follows: Fiscal Accounting Unit - Fund Accounting Unit, Year Account No. Description Account Amount Description FY 22-23 01114475-62300 General Fund Jail Operations - 2,444,993 (Oct. -June) Contract Services FY 23-24 01114475-62300 General Fund Jail Operations - $ 3,331,841 (July -June) Contract Services FY 24-25 01114475-62300 General Fund Jail Operations - $ 3,429,796 (July -June) Contract Services FY 25-26 01114475-62300 General Fund Jail Operations - $ 863,616 (July -Sept.) Contract Services Total: $10,070,246 The annual amounts above include a monthly allocation of the $200,000 contingency. Any portion of the contingency unspent in a fiscal year will be carried forward for possible expenditure in a subsequent fiscal year during the period of the agreement. EXHIBIT(S) 1. Agreement with California Forensic Medical Group, Inc. Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 23 — 3 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 AGREEMENT FOR INMATE HEALTH CARE SERVICES at City of Santa Ana, California Effective October 1, 2022 through Seutember 30, 2025 This Agreement for Inmate Health Care Services (hereinafter, the "Agreement") entered into by and between the City of Santa Ana, a political subdivision in the State of California (hereinafter, the "City"), acting by and through its duly elected City Council, (hereinafter, the "Council") and California Forensic Medical Group, Inc., and Wellpath (hereinafter referred to collectively as, "Contractor "CFMG"), a California Professional Medical Corporation. RECITALS WHEREAS, in accordance with applicable laws, the City is obligated and responsible for providing, quality health care to Inmates and Detainees, ("City Inmates/Detainees") housed at the Santa Ana Detention Facility located at 62 Civic Center Plaza, Santa Ana, California (hereinafter, "SAJ"); and WHEREAS, CFMG is in the business of providing correctional health care services and desires to provide such services on behalf of the City to the Jail Population under the terms and conditions hereto. NOW, THEREFORE, in consideration of the covenants and promises hereinafter made, the Parties hereto agree as follows: DEFINITIONS CFMG Chief Clinical Officer— CFMG's Chief physician who is authorized to manage the terms and conditions of this Agreement. City Inmates/Detainees — An Inmate is an adult or juvenile who is incarcerated at the SAJ. A Detainee is an adult or juvenile whose sentence has not yet been adjudicated and is held as a pre-trial detainee or other individual held in lawful custody. City Inmates/Detainees may be housed in the SAJ or in another jurisdiction's correctional facility. However, City Inmates/Detainees housed in another jurisdiction are excluded from the provisions of this Agreement, unless CFMG administers health care services at the other jurisdiction's facility and is specifically set forth below. Contract Professionals — Physicians or other clinicians retained by CFMG as contractors rather than employees. Contract Year — The initial, and any successive, twelve (12) month period beginning with the effective date of the Agreement. Covered Persons — An Inmate/Detainee who is: (1) part of the SAJ's MADP; and (2) Fit for Confinement; and (3)(a) incarcerated in the SAJ;. Covered Persons include Other County Inmates/Detainees for purposes of delivery of basic health care services, however, the cost of certain services provided to Other County Inmates/Detainees shall be borne by the County as set forth in Section 5.0 of this Agreement. Fit for Confinement — A determination made by a CFMG authorized physician that an Inmate/Detainee is medically stable and has been medically cleared for acceptance into the SAJ. Such determination shall only be made after resolution of any injury or illness requiring immediate transportation and treatment at a hospital or similar facility. City Council 23 — 4 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 Health Care Staff — Medical, mental health and support staff provided or administered by CFMG. In -Patient Hospitalization Off -Site Medical Facility- Admission of a Covered Person to a licensed healthcare facility for treatment of a medical condition. Jail Population - Covered Persons currently housed at the Santa Ana City Jail. Long Term Care Facility Services - Provision of long-term medical and/or mental health care occurring on the premises of a licensed healthcare facility. Mental Health Care - Treatment of mental health conditions as diagnosed by a licensed professional as occurring on the premises of the Santa Ana City Jail. Monthly Average Daily Population ("MADP") — The average number of Inmates/Detainees housed in the SAJ on a daily basis for the period of one month. The MADP shall include, but separately list, Other County Inmates/Detainees held at the SAJ. The MADP shall be figured by summing the daily population for the SAJ and Other County Inmates/Detainees (as determined by a count performed at the same time each day) for each day of the month and dividing this sum by the total number of days in the month. Jail records shall be made available to CFMG upon request to verify the MADP. Parolees and escapees shall not be considered part of the Jail's MADP. NCCHC — The National Commission on Correctional Health Care. Off -Site Dental Services- Dental care which is medically necessary, as determined by the Chief Clinical Officer, or their designee, but which must occur outside of the Santa Ana City Jail due to the need for specialized dental equipment or expertise. On -Site Dental Services- Dental care which is medically necessary, as determined by the Chief Clinical Officer, or their designee, and which can be provided on the premises of the Santa Ana City Jail utilizing currently available dental equipment and professional staff. Other County Inmate/Detainee — An Inmate/Detainee under the jurisdiction of another county, state or federal agency, who is housed at the SAJ. Pathology/Radiology Services - Medical diagnostics or testing through the use of laboratory or imaging equipment. Pharmacy Services - The ordering, storage and administration of medically necessary prescription drugs, occurring on the premises of the Santa Ana City Jail. Physician Extender — An advanced level healthcare professional such as a Nurse Practitioner, Physician Assistant, or Clinical Nurse Specialist. Specialty Services — Medical services that require licensed physicians in a specialty such as obstetrics, gynecology, or dermatology or other specialized field of medicine, excluding medical services that are otherwise provided for in this Agreement. Utilization Management Services - Review of medical claims data undertaken for the purpose of improving efficiency and achieving cost savings, including, when needed, the processing of medical claims for patients in the custody of the United States Marshals Service. City Council — 5 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 Vision Care - Medically necessary care for eye diseases or conditions, including the prescribing and provision of glasses. ARTICLE I HEALTH CARE SERVICES 1.0 SCOPE OF SERVICES. CFMG shall administer health care services and related administrative services at the SAJ according to the terms and provisions of this Agreement. The costs of the various health care services shall be borne by CFMG or the City as set forth in this Article. 1.1 GENERAL HEALTH CARE SERVICES. CFMG will arrange and bear the cost of the following health care services: 1.1.1 RECEIVING SCREENING. A receiving screening of a Covered Person shall be performed as soon as possible after the Covered Person's booking into the SAJ, not to exceed four (4) hours after the Covered Person's arrival at the SAJ. 1.1.2 HEALTH ASSESSMENT. A health assessment of a Covered Person shall be performed as soon as possible, but no later than fourteen (14) calendar days after the Inmate/Detainee's arrival at the SAJ. The health assessment shall follow current NCCHC guidelines. 1.1.3 SCHEDULED SICK CALL. A qualified healthcare professional shall conduct sick calls for Covered Persons on a timely basis and in a clinical setting. A Physician Extender will be available to see Covered Persons at least once per week. 1.2 AMBULANCE SERVICE. CFMG shall not be responsible for the provision and/or cost of any ambulance services, but shall arrange for Covered Persons to be transported by ambulance when deemed by Contract Professionals to be necessary. 1.3 BODY CAVITY SEARCHES/COLLECTION OF PHYSICAL EVIDENCE. CFMG staff will not perform body cavity searches or collect physical evidence (blood, hair, semen, saliva, etc.). 1.4 DENTAL. CFMG shall arrange and bear the cost of on -site dental services, in accordance with NCCHC standards, of all Covered Persons. CFMG shall not bear the cost of any off -site dental services required by any Inmate/Detainee or Other County Inmate/Detainee. 1.5 ELECTIVE MEDICAL CARE. Contractor shall not be responsible for the provision or cost of any elective care. In the event a member of the Jail Population requires elective care, the Inmate/Detainee, City, or relevant outside agency shall be responsible for all costs. Elective medical care shall be defined as care which, if not provided, would not, in the sole opinion of Contractor's Chief Clinical Officer or designee, cause the Inmate/Detainee's health to deteriorate or cause harm to the Inmate/Detainee's wellbeing. Decisions concerning elective medical care shall be consistent with the applicable American Medical Association (AMA) Standards. 1.6 IN -PATIENT OFF -SITE HOSPITALIZATION. CFMG shall not be responsible for the provision or cost of any in -patient hospitalization services at an off -site medical facility, but shall make all arrangements for Covered Persons, including but not limited to, referrals, appointments, authorizations, transportation, and billing to receive in -patient hospitalization services at an off -site medical facility when medically necessary. City Council — 6 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 1.7 LONG TERM CARE. CFMG shall not be responsible for the provision or cost of any long-term care facility services, but shall arrange for Covered Persons to receive long-term care facility services when medically necessary. 1.8 MENTAL HEALTH CARE. CFMG shall arrange and bear the cost of on -site mental health services for Covered Persons which shall include evaluations, referrals, crisis management, suicide intervention, individual therapy, basic community linkage, and continuity of care. CFMG shall not be responsible for the provision or cost of any off -site or inpatient mental health services, but shall make all arrangements for Covered Persons, including but not limited to, referrals, appointments, authorizations, transportation, and billing to receive off -site or inpatient mental health services when medically necessary. 1.9 PATHOLOGY/RADIOLOGY SERVICES. CFMG shall arrange and bear the cost of on -site pathology/radiology services for Covered Persons. CFMG shall not be responsible for the provision or cost of any off -site pathology or radiology services but shall arrange for Covered Persons to receive off -site pathology or radiology services when medically necessary. 1.10 PREGNANT COVERED PERSONS. CFMG shall arrange and bear the cost of on -site health care services for any pregnant Covered Person in accordance with NCCHC standards and this Agreement, however Contractor shall not arrange or bear the cost of any health care services for infants. To the extent off -site health care services are required for any pregnant Covered Person, CFMG shall make appropriate arrangements for rendering such care, but shall not be financially responsible for such care. 1.11 SPECIALTY SERVICES. CFMG shall arrange and bear the cost of on -site specialty services for Covered Persons. Contractor shall not be responsible for the provision or cost of any off -site specialty services but shall arrange for Covered Persons to receive off -site specialty services when medically necessary. 1.12 VISION CARE. CFMG shall not be responsible for the provision or cost of eyeglasses or any other vision services other than care for eye injuries or diseases. In the event that any Covered Person requires vision services, including an ophthalmologist's services, CFMG shall make all arrangements for Covered Persons, including but not limited to, referrals, appointments, authorizations, transportation, and billing for such services. 1.13 OFFICE EQUIPMENT. CFMG shall be responsible for the provision or cost of any office equipment, which shall remain the property of CFMG unless the parties agree otherwise in writing. The City shall be responsible for providing utilities, and phone service required for the administrative operation of the medical unit. 1.14 OFFICE SUPPLIES. CFMG shall be responsible for the provision and cost of office supplies such as books, medical record folders, and forms as required for the administrative operations of the medical unit. 1.15 MEDICAL SUPPLIES/EQUIPMENT. With the exception of a dental chair, CFMG shall be responsible for the provision and cost of medical supplies, (including but not limited to, alcohol prep pads, syringes, etc.) and equipment, (i.e. thermometers, scales, etc.) as required to fulfill its duties under the terms of the Agreement. City Council — 7 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 1.16 MEDICAL WASTE. CFMG shall arrange and bear the cost of removing and properly disposing of medical waste material generated while fulfilling its duties under this Agreement in accordance with all applicable state laws and OSHA- regulated standards. 1.17 PHARMACY SERVICES. CFMG shall provide monitoring of pharmacy usage as well as a Preferred Medication List. CFMG shall prescribe, purchase, receive, store, and administer medications to Covered Persons. Except as provided below, CFMG shall not bear the cost of any prescriptions and over-the-counter medications prescribed or ordered by a duly licensed CFMG provider for a Covered Person. 1.17.1 GENERAL. Prescribing, dispensing, and administering of medication shall comply with all State and Federal laws and regulations and all medications shall be dispensed under the supervision of a duly authorized, appropriately licensed or certified health care provider. 1.17.2 EXCEPTIONS. CFMG shall bear the cost of all prescription medication for Covered Persons at the SAJ who are in the sole custody of the City, and who are not detained at the SAJ pursuant to any agreement between the City and the United States Marshals Service, the State of California, or the United States government. ARTICLE II HEALTH CARE STAFF 2.0 STAFFING HOURS. CFMG shall provide or arrange for the provision of Health Care Staff necessary to render the health care services contemplated in Article I as set forth in the staffing plan set forth in Exhibit A, attached hereto and incorporated herein. CFMG reserves the right to assign the staff in Exhibit A to shift coverage as necessary based on operational needs to provide the health care services under this Agreement. 2.0.1 Additional hours may be provided if mutually agreed upon by both Parties in writing, with at least 24 hours advanced notice. 2.0.2 CFMG shall provide and arrange for the provision of an on -call provider available by telephone or pager 24 hours per day and 7 days per week. 2.0.3 CFMG shall make reasonable efforts to supply the staffing levels contained in this section, however, failure to continuously supply all of the required staffing due to labor market demands or other factors outside the control of Contractor, after such reasonable efforts have been made, shall not constitute a breach of this Agreement. 2.1 STAFFING LEVELS WAIVER. Based on actual staffing needs as affected by medical emergencies, riots, increased or decreased Inmate/Detainee population, and/or other unforeseen circumstances, certain increases or decreases in staffing requirements may be waived as agreed to by the City and CFMG. 2.2 STAFF SCREENING. SAJ staff shall screen CFMG's proposed Health Care Staff, employees, agents and/or subcontractors charged with the responsibility of providing medical services at the SAJ to ensure they do not constitute a security risk. The City and SAJ stall shall have final approval of CFMG's Health Care Staff, employees, agents and/or subcontractors in regards to security/background clearance. City Council page 5 ne 11-8 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 2.3 STAFFING REIMBURSEMENT. hi each instance where the actual number of hours provided is less than those in the Agreement, CFMG shall reimburse the City for the appropriate fully burdened hourly wage (to include salary and fringe benefits) for each position shortage. CFMG can count as "worked" any positions CFMG is paying PTO or sick time. ARTICLE III ADMINISTRATIVE SERVICES 3.0 UTILIZATION MANAGEMENT. CFMG shall provide utilization management services and administer Pharmacy services as set forth in Article I, on behalf of the City. CFMG shall follow applicable state laws and make reasonable efforts to obtain provider discounts and will keep the City/SAJ apprised of its utilization management practices. 3.1 HEALTH AND MENTAL HEALTH EDUCATION AND TRAINING. CFMG shall conduct ongoing health and mental health education and training program for SAJ staff in accordance with the needs mutually established by the City/SAJ and CFMG. 3.2 MONTHLY REPORTS. As requested by the City/SAJ, CFMG shall submit monthly health care reports concerning the overall operation of the health care services program rendered pursuant to this Agreement and the general health of the Jail Population. 3.3 QUARTERLY MEETINGS. As requested by the City/SAJ, CFMG shall meet quarterly, or as soon thereafter as possible, with the SAJ Manager or designee, concerning health care services provided in the SAJ and any proposed changes in health -related procedures or other matters, which the Parties deem necessary. 3.4 MEDICAL RECORDS MANAGEMENT. CFMG shall provide the following medical records management services: 3.4.1 MEDICAL RECORDS. CFMG Health Care Staff shall maintain, cause and/or require the maintenance of complete and accurate medical records for Covered Persons who have received health care services. Medical records shall be kept separate from Covered Person's confinement records. A complete copy of an individual's medical record shall be available to accompany each Covered Person who is transferred from the SAJ to another location for off -site services or transferred to another correctional institution. CFMG will maintain confidentiality of all medical records and shall not release any information contained in any medical record except as required by applicable law, court order, SAJ, or upon the request of the Covered Person for their own medical records. Upon termination of this Agreement, all medical records shall be delivered to and remain property of the City/SAJ. 3.4.2 COMPLIANCE WITH LAWS. Each medical record shall be maintained in accordance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and any other applicable state or federal privacy statute or regulation. 3.4.3 RECORDS AVAILABILITY. As needed to administer the terms and conditions provided for in this Agreement, CFMG shall make available to the City/SAJ, unless otherwise specifically prohibited or if such records are confidential pursuant to California or federal law, at the City/SAJ's request, all records, documents and other papers relating to the direct delivery of health care services to the Jail Population hereunder. ARTICLE IV City Council Page 6 Of n — 9 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 PERSONS COVERED UNDER THIS AGREEMENT 4.0 GENERAL. Except as otherwise provided for in this Agreement, CFMG shall only be required to arrange and provide health care services under this Agreement to Covered Persons. 4.1 EMERGENCY MEDICAL CARE FOR JAIL EMPLOYEES AND VISITORS. CFMG shall arrange for on -site first response emergency medical care as required for SAJ employees, contractors and/or visitors to the SAJ. The medical treatment shall be limited to the extent reasonably necessary to stabilize and facilitate the individual's referral to a medical facility or personal physician. 4.2 RELEASE FROM CUSTODY. The City/SAJ acknowledge and agree that Contractor is responsible for the payment of costs associated with services rendered to Covered Persons as set forth in this Agreement only when such persons remain in the custody of, or under the jurisdiction of, the SAJ. ARTICLE V PERSONS NOT COVERED OR PARTIALLY COVERED UNDER THIS AGREEMENT 5.0 OTHER COUNTY INMATES/DETAINEES. CFMG shall only be responsible for health assessments, sick call, over -the counter medications, medical supplies and medical waste services for Other County Inmates/Detainees. The cost of all prescription medication and all other health care expenses shall be paid by the agency responsible for the Other County Inmate/Detainee, including those services listed in Article I of this Agreement and all other medically -related expenses associated with Other County Inmates/Detainees. 5.1 CITY INMATES/DETAINEES HOUSED IN OTHER JURISDICTIONS OR OUTSIDE THE SAJ. CFMG shall not be responsible for arranging the medical care or treatment for City Inmates/Detainees housed in other counties or jurisdictions. The City or other agency with legal responsibility for the medical care of such persons shall be responsible for all medical expenses associated with the care and treatment of City Inmates/Detainees removed from the Jail, including, but not limited to the services listed in Article I of this Agreement and any other health care related expenses associated with those Inmates/Detainees, unless the Inmate/Detainee is housed in a facility where CFMG provides Inmate/Detainee health care services. CFMG shall not be responsible for arranging the medical care or treatment for County Inmates/Detainees housed outside the SAJ. 5.2 INJURIES PRIOR TO INCARCERATION, FIT FOR CONFINEMENT, AND ESCAPED INMATES/DETAINEES. CFMG shall not be responsible for the cost of providing off -site medical care for injuries incurred by an arrested person prior to incarceration at the SAJ or during an escape or attempted escape, including, but not limited to, medical services provided to any arrested person prior to the person's booking and confinement in the SAJ.CFMG shall not be responsible for the cost of any medical treatment or health care services necessary to medically stabilize any arrested person presented at intake by an arresting agency with a life threatening injury or illness or in immediate need of emergency medical care. CFMG shall however, provide such care as is medically necessary until the arrested person can be transported to a medical care facility by the arresting agency or their designee. The arresting agency or the City shall bear the cost of, and be responsible for, all reasonable and necessary medical services or health care services of the individual until such time as the arresting authority can present a medically stable individual that is Fit for Confinement. To the extent CFMG is billed for medical services provided to an individual who is not Fit for Confinement, the City shall reimburse CFMG for all such costs. CFMG shall not City Council — 10 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 charge an additional fee to examine an individual to determine if they are suitably Fit for Confinement. 5.3 RELEASED PERSONS, PAROLEES, ESCAPEES AND PERSONS TRANSPORTED TO AND FROM SAJ In no event shall Contractor be responsible for payment of any costs associated with any services rendered to any individual when said individual is released from the custody of, or no longer under the jurisdiction of, the SAJ including, but not limited to, releasees, parolees and escapees. Furthermore, in no event shall CFMG be responsible for payment of costs associated with any medical services rendered to a Covered Person when that Covered Person is injured outside the SAJ facility during transport to or from the SAJ. ARTICLE VI COST OF SERVICES NOT COVERED UNDER THIS AGREEMENT 6.0 SERVICES NOT LISTED. The Parties understand and agree there will be costs incurred for health care related services as outlined in Articles I, II and III above. CFMG shall not be responsible for any expenses not specifically covered under Articles 1,11 and III of this Agreement. In the event any of the health care services not covered by CFMG under Articles 1, 11 and 111, or any services not listed in this Agreement are required to be provided to a member of the Jail Population as a result of the medical judgment of a physician or authorized personnel of CFMG, CFMG shall not be responsible for arranging such services and the cost of such services shall be billed directly to the City. 6.1 SERVICES BEYOND THE SCOPE OF THIS AGREEMENT. The Parties understand and agree there are certain occurrences, at times, beyond the control and at other times, within the control of the Parties which may result in health care expenses outside the scope of the regular operation of a correctional facility and, therefore, outside the Scope of Services provided for in this Agreement. While the Parties agree to act in good faith and endeavor to reduce the possibility of such occurrences, in the unlikely event of an occurrence such as an Act of God, riot, explosion, fire, food poisoning, epidemic illness outbreak or any other catastrophic event, or an event caused by the actions or inactions of the City or SAJ employees, agents or contractors, which result in the need for medical care for the Jail Population, staff, visitors, or contractors, CFMG shall not be responsible for costs related to such catastrophic events and all such costs shall be borne by the City. CFMG shall be responsible for medical costs under this Agreement associated with such an event only if such an event was caused solely by CFMG, its employees, agents or contractors. ARTICLE VII CITY'S DUTIES AND OBLIGATIONS 7.0 COMPLIANCE WITH HIPAA/STATE HEALTH INFORMATION PRIVACY LAWS. The City, SAJ, and its employees, agents and subcontractors shall comply with the Health Insurance Portability and Accountability Act of 1996 (hereinafter "HIPAA") and any State health information privacy laws, to the extent they are applicable. The City/SAJ shall implement policies and/or procedures in compliance with such laws. 7.1 COMPREHENSIVE MEDICAL/MENTAL HEALTH CARE. Contractor shall identify to the City/SAJ staff those members of the Jail Population with medical or mental health conditions which City Council page 8 Of n —11 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 may be worsened as a result of being incarcerated at the SAJ or which may require extensive care while incarcerated. After review of the circumstances, and when security risks permit, the City/SAJ shall make reasonable efforts, if practicable and feasible, to have such an Inmate/Detainee released, transferred or otherwise removed from the correctional setting. 7.2 RECORD ACCESS. During the term of this Agreement, and within one -hundred and eighty (180) days following the termination of this Agreement, the City shall provide CFMG, at CFMG's request, the City and/or SAJ's records, (including any medical records obtained by outside health care providers, hospitals) regarding the provision of health care services/treatment to the Jail Population to the extent the City/SAJ has control of, or access to, such records. CFMG may subpoena such records in connection with the investigation of, or defense of, any claim by a third party related to CFMG's conduct or related to any claims CFMG may have against a third party. Any such information provided by the City/SAJ to CFMG that the City/SAJ considers confidential shall be kept confidential by CFMG and shall not, except as required by law or court order, be distributed to any third party without prior written approval by the City/SAJ. 7.3 Intentionally omitted. 7.4 SECURITY OF THE JAIL FACILITY AND WELLPATH. CFMG and the City understand that adequate security services are necessary for the safety of CFMG employees, agents, and subcontractors consistent with a correctional setting. SAJ shall provide security sufficient to enable CFMG its Health Care Staff, employees, agents and/or subcontractors to safely provide the health care services described in this Agreement. CFMG, its Health Care Staff, employees, agents and/or subcontractors shall follow all security policies, procedures and protocols of the SAJ while on the premises, or other premises under the City's direction or control. However, any CFMG Health Care Staff, employee, agent and/or subcontractor may, at any time, refuse to provide any service required under this Agreement if such person reasonably feels the their safety and security has or will be compromised, provided that, if feasible, they first seek assistance from SAJ staff to maintain their safety and security.. CFMG shall not be liable for any loss or damages resulting from CFMG's Health Care Staff, employees, agents and/or subcontractors failure to provide medical services due to insufficient security services. 7.5 CITY'S POLICIES AND PROCEDURES. CFMG, its Health Care Staff, employees, agents and/or subcontractors shall adhere to the City/SAJ's policies, and procedures, that relate to or impact the provision of medical services. 7.5.1 A complete set of SAJ's policies and procedures shall be made available for inspection by SAJ and SAJ will be provided access to those policies and procedures or may make copies of any specific section(s) it wishes to provide to its employees. 7.5.2 Any policy or procedure that may impact the provision of health care services to the Jail Population which has not been made available to CFMG Health Care Staff, its employees, agents and/or subcontractors shall not be enforceable against CFMG unless otherwise agreed upon by the Parties. 7.5.3 Notice of any modification(s) or revision(s) to SAJ's policies and procedures shall be timely provided to CFMG, its Health Care Staff, employees, agents and/or subcontractors, who shall adhere to those modified policies or procedures after such modification(s) or revision(s) have been made available to them. City Council — 12 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 7.5.4 If any of the City's or SAJ's policies and procedures specifically relate to the delivery of medical services, the City/SAJ staff and CFMG staff shall review the them and if necessary, may modify or remove any provisions that conflict with CFMG's Health Care policies and procedures, provided however that no policies or procedures shall be revised or modified if it conflicts with applicable law and/or a court order. 7.6 DAMAGE TO EQUIPMENT. CFMG shall not be liable for loss of or damage to equipment and supplies of CFMG, its agents, employees or subcontractors if such loss or damage was caused by the negligence of the City or SAJ employees. 7.7 SECURE TRANSPORTATION. SAJ shall provide security as reasonable and necessary in connection with the transportation of a member of the Jail Population to and from off -site services including, but not limited to, specialty services, hospitalization, pathology and radiology services as requested by CFMG. CFMG and SAJ staff shall coordinate for transportation to and from off - site services providers or hospitals. 7.8 NON -MEDICAL CARE OF JAIL POPULATION. The City/SAJ shall provide all non -medical personal needs and services of the Jail Population as required by law. CFMG shall not be responsible for providing, or liable for failing to provide, non -medical services to the Jail Population including, but not limited to, daily housekeeping services, dietary services, building maintenance services, personal hygiene supplies and services and linen supplies. 7.9 JAIL POPULATION INFORMATION. To assist CFMG in providing the best possible health care services to Covered Persons, SAJ shall at CFMG's request, provide information pertaining to the Covered Person that CFMG and the City mutually identify as reasonable and necessary for CFMG to adequately perform its obligations under this Agreement. ARTICLE VIII COMPENSATION AND ADJUSTMENTS 8.0 ANNUAL AMOUNT/MONTHLY PAYMENTS. The base amount to be paid by the City to CFMG for Years 1-3 of the Agreement is listed in the Column 1 table below. Each amount shall be payable for a period of twelve (12) months, in equal monthly installments. The monthly installment for each Contract Year is listed in Column 2 of the table below. All monthly installments shall be pro -rated for any partial months and subject to any reconciliations as set forth below. The first monthly amount is to be paid to CFMG on November 1 of each Contract Year, for services administered in the month of October during each Contract Year. Each monthly payment thereafter is to be paid by the City to CFMG before or on the 1 st day of the month of the month of service. COLUMN 1- ANNUAL AMOUNT COLUMN 2- MONTHLY INSTALLMENT Year 1 (2022-2023): $3,193,324 $266,110.33 per month Year 2 (2023-2024): $3,289,124 $274,093.66 per month Year 3 (2024-2025): $3,387,798 $282,316.50 per month 8.1 QUARTERLY RECONCILIATION PROCESS. CFMG will provide a quarterly reconciliation to the City for any amounts owed by either Party pursuant to the terms of this Agreement, including, but not limited to the following: 8.1.1 ADJUSTMENT FOR MADP. For each month reconciled, if SAJ's MADP is greater than 475 Inmates/Detainees, the compensation payable to CFMG by the City Council 2 — 13 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 City shall be increased by the number of Inmates/Detainees over 475 at the per diem rate of $1.41 during Year 1 of the Agreement, $1.46 during Year 2 of the Agreement, and $1.50 during Year 3 of the Agreement. 8.2 COMPENSATION. The total amount to be expended during the term of this Agreement shall not exceed $10,070,246. This amount includes a base amount of $9,870,246 and a contingency amount of $200,000 for additional services as directed at the City's sole discretion. Should the Facility ADP exceed 475 for a period of 30 days or more, the Parties agree to meet and negotiate in good faith an increase to the total amount expended during the term of this Agreement, subject to the approval of the City Council of the City of Santa Ana. ARTICLE IX TERM AND TERMINATION 9.0 TERM. The term of this AGREEMENT shall be for a period of three (3) years from October 1, 2022 at 12:01 a.m. through September 30, 2025 at 11:59 p.m. This Agreement shall renew upon the mutual agreement of the parties for up to two (2) additional one year periods on October 1 st of each subsequent year with mutually agreed upon increases to the compensation, subject to approval by the Santa Ana City Council, unless this Agreement is terminated or notice of termination is given, as set forth in this Article. 9.0.1 RENEWAL. Upon each subsequent renewal beyond the initial three (3) year term of this Agreement pursuant to Paragraph 9.0, the Parties may negotiate an increase in accordance with CPI not to exceed 4.0% of the annual amount as defined in Paragraph 9.0.1.1. 9.0.1.1 CPI INCREASES. A CPI increase shall be calculated by multiplying the annual amount of the previous year by a fraction, the numerator of which is the Price Index for a defined month prior to the renewal date, and the denominator of which is the Price Index for the same month for the year immediately preceding the Agreement renewal date. However, the annual amount due for any year will not be less than the annual amount for the prior year. The "Price Index" is defined as the Consumer Price Index — All Urban Consumers, U.S. City Average, Medical Care Services (1982-84=100), published by the Bureau of Labor Statistics of the U.S. Department of Labor. 9.1 TERMINATION FOR LACK OF APPROPRIATIONS. This Agreement shall be subject to annual appropriations by the City. 9.1.1 Recognizing that termination for lack of appropriations may entail substantial costs for CFMG and the City, the City shall act in good faith and make every effort to provide CFMG reasonable advance notice of any potential problem as it relates to funding or appropriations related to this Agreement. 9.1.2 If future funds are not appropriated for this Agreement, and upon exhaustion of existing funding, the City may terminate this Agreement without penalty or liability, by providing a minimum of thirty (30) days advance written notice to CFMG. 9.2 TERMINATION DUE TO CFMG's OPERATIONS. The City reserves the right to terminate this Agreement immediately upon written notification to CFMG in the event that CFMG discontinues or abandons its operations, is adjudged bankrupt or is reorganized under any City Council 2 — 14 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 bankruptcy law, or fails to keep in force and effective any required insurance policies. The Parties agree that termination under this provision will be considered without cause. 9.3 TERMINATION FOR CAUSE. The Agreement may be terminated for cause under the following provisions: 9.3.1 TERMINATION BY CFMG. Failure of the City to comply with any provision of this Agreement shall be considered grounds for termination of this Agreement by CFMG upon sixty (60) days advance written notice to City specifying the termination effective date and identifying the basis for termination. The City shall pay for services rendered up to the date of termination of the Agreement. Upon receipt of the written notice, the City shall have fifteen (15) days to provide a written response to CFMG. If the City provides a written response to CFMG with an adequate explanation for the basis for termination and cures the basis for termination to CFMG's satisfaction, the sixty (60) day notice shall become null and void and this Agreement will remain in full force and effect. Termination under this provision shall be without penalty to CFMG. 9.3.2 TERMINATION BY CITY. CFMG's failure to comply with any provision of this Agreement shall be considered grounds for termination of this Agreement by City who shall provide sixty (60) days advance written notice specifying the termination effective date and identifying the basis for termination. The City shall pay for services rendered up to the date of termination of the Agreement. Upon receipt of the written notice, CFMG shall have fifteen (15) days to provide a written response to the City. If CFMG provides a written response to the City with an adequate explanation for the basis of termination or cures the basis for termination to the City's satisfaction, the sixty (60) day notice shall become null and void and this contract will remain in full force and effect. Termination under this provision shall be without penalty to the City. 9.4 TERMINATION WITHOUT CAUSE. Notwithstanding anything to the contrary contained in this Agreement, the City or CFMG may, without prejudice to any other rights it may have, terminate this Agreement for their convenience and without cause by giving no less than ninety (90) days advance written notice to the other Party. 9.5 COMPENSATION UPON TERMINATION. If any of the above termination clauses are exercised by either of the Parties to this Agreement, the City shall pay CFMG for all services rendered by CFMG up to the date of termination of the Agreement regardless of the City's failure to appropriate funds. 9.6 PROPERTY DISPOSITION UPON TERMINATION. Upon termination of this Agreement, CFMG shall be allowed to remove any unused property, equipment and supplies, including its proprietary policies and procedures, manuals, training materials, and forms, prepared and/or purchased by CFMG that is stored or located at SAJ at the time of termination. ARTICLE X LIABILITY AND RISK MANAGEMENT 10.0 INSURANCE COVERAGE. CFMG shall, at its sole cost and expense, procure and maintain during the term of this Agreement, the following coverage and limits of insurance: 10.0.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, City Council 2 — 15 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 10.0.2 Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 10.0.3 Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 10.0.4 Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the CFMG maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by CFMG. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 10.1.1 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 CFMG including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of a blanket endorsement to the CFMG's insurance (at least as broad as ISO Form CG 20 10 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). 10.1.2 PRIMARY COVERAGE. For any claims related to this contract caused by the CFMG's negligent acts or omissions, the Contractor's insurance coverage shall be primary insurance primary 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 CFMG's insurance and shall not contribute with it. 10.1.3 NOTICE OF CANCELLATION. Coverage shall not be canceled, except with notice to the City by the CFMG. 10.1.4 WAIVER OF SUBROGATION. CFMG hereby grants to City a waiver of any right to subrogation which any insurer of said CFMG may acquire against the City by virtue of the payment of any loss under such insurance. CFMG 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. 10.1.5 ACCEPTABILITY OF INSURERS. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. City Council 2 — 16 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF666B41 10.1.6 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. 10.1.7 VERIFICATION OF COVERAGE. CFMG shall furnish the Entity with original Certificates of Insurance including all required blanket endorsements (or copies of the applicable policy language effecting coverage required by this clause)_to Entity 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. 10.1.8 SUBCONTRACTORS. CFMG shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. 10.2 INDEMNIFICATION. CFMG agrees to indemnify and hold harmless the City, its officials, agents, and employees from and against any and all claims, actions, lawsuits, damages, judgments or liabilities of any kind whatsoever caused by, based upon or arising out of any act, conduct, misconduct or omission of CFMG, its agents, employees, or independent contractors in connection with the performance or non-performance of its duties under this Agreement. The City agrees to indemnify and hold harmless CFMG, its officials, agents, and employees from and against any and all claims, actions, lawsuits, damages, judgments or liabilities of any kind whatsoever caused by, based upon or arising out of any act, conduct, misconduct or omission of City, its agents, employees, or independent contractors, to the extent allowed by law. The City agrees to promptly notify CFMG in writing of any incident, claim or lawsuit of which they become aware and shall fully cooperate in the defense of such claim. The City agrees that CFMG's indemnification and defense obligations do not apply for any costs or expenses, including attorney's fees or settlements, incurred or effected prior to written notice to Contractor as set forth above. Upon written notice of claim, Contractor shall take all steps necessary to promptly defend and protect the City from an indemnified claim, including retention of defense counsel, and CFMG shall retain sole control of the defense while the action is pending, to the extent allowed by law. 10.3 HIPAA. CFMG, the City, SAJ, and their employees, agents and subcontractors shall fully comply with, and shall implement all necessary policies and/or procedures in order to comply with, the requirements of HIPAA as it applies to the services provided under this Agreement. The City, Jail, and their employees and agents shall indemnify and hold harmless Contractor from and against any claims of any kind made as a result of alleged or actual violations of HIPAA by the City and its employees, agents and subcontractors, unless such claims are proven to be caused by the sole negligence or willful misconduct of Contractor. ARTICLE XI MISCELLANEOUS 11.0 INDEPENDENT CONTRACTOR STATUS. It is mutually understood and agreed, and it is the intent of the Parties hereto that an independent contractor relationship be and is hereby established City Council — 17 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 under the terms and conditions of this Agreement. Nothing in this Agreement shall be construed to create an agency relationship, an employer/employee relationship, a joint venture relationship, or any other relationship allowing the City to exercise control or direction over the manner or methods by which CFMG, its employees, agents or subcontractors perform hereunder, or CFMG to exercise control or direction over the manner or methods by which the City and its employees, agents or subcontractors perform hereunder, other than as provided in this Agreement. 11.1 SUBCONTRACTING. In performing its obligations under the Agreement, it is understood that CFMG is not licensed or otherwise authorized to engage in any activity that may be construed or deemed to constitute the practice of medicine, dentistry, optometry, or other professional healthcare service requiring licensure or other authorization under state law. To comply with these requirements CFMG may engage physicians or other clinicians as independent contractors ("Contract Professionals"), rather than employees, in order to supply the clinical services required under this Agreement. CFMG shall engage Contract Professionals that meet the applicable professional licensing requirements and CFMG shall exercise administrative supervision over such Contract Professionals as necessary to insure the fulfillment of the obligations contained in this Agreement. Contract Professionals shall provide clinical services under this Agreement in a manner reasonably consistent with the independent clinical judgment that the Contract Professional is required to exercise. It is further understood that CFMG may subcontract for specialized services such as pharmacy, medical waste, medical supplies and other services or supplies which it is required to provide under this Agreement. 11.2 AGENCY. For purposes of asserting any statutory rights afforded to the City to pay providers for medical services at certain reduced rates, City designates CFMG as their agent to assert such rights and privileges. 11.3 EQUAL EMPLOYMENT OPPORTUNITY. CFMG will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, marital status, sexual orientation, age or handicap unrelated to a bona fide occupational qualification of the position or because of status as a disabled veteran or Vietnam -Era veteran. Contractor will distribute copies of its commitment not to discriminate to all persons who participate in recruitment, screening, referral and selection of job applicants, and to prospective job applicants. 11.4 WAIVER OF BREACH. The waiver of either Party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision hereof. 11.5 OTHER CONTRACTS AND THIRD -PARTY BENEFICIARIES. The Parties acknowledge CFMG is neither bound by or aware of any other existing contracts to which the City is a party and which relate to the providing of health care to Inmates/Detainees at the SAJ. The Parties agree they have not entered into this Agreement for the benefit of any third person or persons, and it is their express intention this Agreement is for their respective benefits only and not for the benefits of others who might otherwise be deemed to constitute third -party beneficiaries thereof. 11.6 FORCE MAJEURE. In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority of local, State or Federal governments or because of riots, war, terrorism, explosions, acts of civil or military authority, acts of public enemy, public disturbances, lack of adequate security escorts, strikes, lockouts, differences with workers, earthquakes, fires, floods, Acts of God or any other reason whatsoever which is not reasonably within the control of the Party whose performance City Council 2 — 18 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 is interfered with and which, by the exercise of reasonable diligence, said Party is unable to prevent; the Party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period such cause continues. 11.7 MATERIAL CHANGES IN SCOPE OR CIRCUMSTANCES, OR EMERGENCY CIRCUMSTANCES. If at any time during the Term of this Agreement, the City requests a change in the scope, volume, quality/degree or quantum of services to be provided by Contractor, or the scope of services set out herein must materially be changed as a result of any of the following, any of which would result in an increase to the cost of providing the services or which Contractor notifies the City affects CFMG's ability to provide the requested scope of services under the circumstances, (a "Material Change Circumstance"), including, but not limited to any of the following: There is or are new, amended, and/or repealed law(s) or regulation(s) (including statutes, codes, Agency orders/memoranda and/or case law), or changes to the Client's policies, procedures, practices, or circumstances, any or all of which render performance under the Agreement partially or completely impracticable or impossible under the Agreement's existing terms; The United States Food and Drug Administration ("FDA") or another regulatory body approves (or issues an emergency use authorization for) a new therapy/ies or treatment modality/ies, there are changes to legal/regulatory requirements concerning the treatment of Client's patients, and/or changes to the applicable standard of care that materially impact the Contractor's ability to provide services and/or costs under the Agreement; Contractor's performance hereunder is impacted by any event related to a Public Health Emergency (PHE) declared pursuant to Section 319 of the Public Health Service Act, a Disaster declaration pursuant to the Stafford Act (2 U.S.C. §§ 5121-5207), or any similar announcement or proclamation made by the Federal Government or any Federal Agency, any Federally recognized Native American Tribe, or any State, County/Parish or Local Government pursuant to an analogous provision of Federal or non -Federal law or rule (each, an "Emergency Circumstance"). the parties shall follow the procedures outlined in Subsection 11.7.1 below: 11.7.1 In the event of any Material Change Circumstance, upon notice from a Party, the Parties shall meet and in good faith re -negotiate the terms of this Agreement. Material changes agreed upon by the parties are subject to approval by the City Council for the City of Santa Ana. Changes which do not increase the overall compensation to this Agreement may be approved by the City Manager and the City Attorney. Neither Party shall unreasonably delay or withhold consent to such negotiations, or the proposed modifications resulting from such negotiations. In the event the Parties are not able to reach mutually acceptable changes to the Agreement after thirty (30) days, either Party may thereafter terminate the Agreement without cause upon providing ninety 90 days' notice thereafter. 11.8 PERFORMANCE MEASURES. The City may assess penalties in the following amounts related to CFMG's failure to meet the standards listed below. CFMG and City agree that such penalties may be provided as invoice credits by Contractor upon the mutual agreement of the parties in writing. City Council 2 — 19 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 A penalty of $200 per receiving screening may be assessed for CFMG's failure to perform receiving screenings within four (4) hours of a patient's booking at the jail. A penalty of $150 per health assessment may be assessed for CFMG's failure to perform health assessments within fourteen (14) days of a patient's booking at the jail. 11.9 ASSIGNMENT. Except as otherwise provided herein, the Parties may not assign any of their rights or delegate any of their duties under this Agreement without the prior written consent of the other Party; provided however, that CFMG, upon notice to the City, may assign its rights or delegate its duties to an affiliate of CFMG, or in connection with the sale of all or substantially all of the stock assets or business of CFMG,. Any unauthorized attempted assignment shall be null and void and of no force or effect. 11.10 NOTICES. Any notice of termination, requests, demands or other communications under this Agreement shall be in writing and shall be deemed delivered: (a) when delivered in person to a representative the Parties listed below; (b) upon receipt when mailed by overnight courier service, mailed by first-class certified or registered mail, return receipt requested, addressed to the Party at the address below; or (c) upon confirmation of receipt if sent by facsimile to the fax number of the Party listed below: If for Contractor: CFMG, Inc. Attn: Chief Legal Officer 3340 Perimeter Hill Dr. Nashville, TN 37211 If for City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 With Courtesy Copy to: Chief of Police City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92702 Such address may be changed from time to time by either Party by providing written notice as provided above. 11.11 GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws or rules of any jurisdiction. 11.12 EXECUTION AUTHORITY. By their signature below, each signatory individual certifies that they are the properly authorized agent or officer of the applicable Party hereto and have the requisite authority necessary to execute this Agreement on behalf of such Party, and each Party hereby certifies to the other than any resolutions necessary to create such authority have been duly passed and are now in full force and effect. 11.13 SURVIVAL. The following provisions will survive any termination or expiration of the Agreement: Article VIII, Article IX and Article X. 11.14 COUNTERPARTS. This Agreement maybe executed in several counterparts, each of which shall be considered an original and all of which shall constitute but one and the same instrument. City Council 2 — 20 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 11.15 TITLES OF PARAGRAPHS. Titles of paragraphs are inserted solely for convenience of reference and shall not be deemed to limit, expand or otherwise affect the provisions to which they relate. 11.16 SEVERABILITY. In the event that any one or more provisions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision had never been contained herein. 11.17 ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions and Agreements that have been made in connection with the subject matter hereof. This Agreement may be amended at any time, but only with the written consent of all Parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as their official act by their respective representative, each of whom is duly authorized to execute the same. AGREED TO AND ACCEPTED AS STATED ABOVE: CITY OF SANTA ANA, CALIFORNIA g.x. See attached signature page lag Name: Title: Date: Name: Grady "Judd" Bazzel, MD Title: President Date: 9/12/2022 City Council 2 — 21 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: lam /1--� TAMARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police City Council 23 — 22 9/20/2022 DocuSign Envelope ID: 6225CE08-C2AA-4269-9AF5-9311 FF6661341 EXHIBIT A — STAFFING MATRIX Staff ing for the Santa Ana Jail A.R 00 POSITION Mon Tues Wed Thur Fri Sat Sun H rs/ Week FTEs Medical Director 4 4 0.1 Mid -Level Provider NP/PA 8 8 8 24 0.6 H SA 8 8 8 8 8 40 1.0 Charge RN 12 12 12 12 12 10 10 80 2.0 RN (Sick Call/H&P) 8 8 8 8 8 40 1.0 LVN 24 24 24 24 24 24 24 168 4.2 Administrative Assistant 8 8 8 24 0.6 Psychiatric ARNP 4 4 8 0.2 Dentist 4 1 1 1 4 1 8 0.2 Dental Assistant 4 4 8 0.2 Mental Health Professional 10 10 10 10 10 10 10 70 1.75 Total Hours/FTE - Day 474 11.85 Charge RN 10 10 10 10 10 10 10 70 1.75 LVN 24 24 24 24 24 24 24 168 4.2 Total Hours/FTE - Night 238 5.95 0 Weekly Total __-T7 TOTAL HOURS/FTE - Per Week 712 17.8 City Council 23 — 23 9/20/2022 Clerk of the Council Office _ www.santa-ana.org/departments/clerk-of-the-council/ Item # 24 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Amend Conflict of Interest Code Policy AGENDA TITLE: Biennial Review Conflict of Interest Code Policy, List of Designated Classifications Required to Annual Disclosure Form (Statement of Economic Interests Form) RECOMMENDED ACTION Adopt a resolution amending the City of Santa Ana Conflict of Interest Code Policy. DISCUSSION The California State Government Code specifies that local agencies must review their Conflict of Interest Codes each even -numbered year. Changes to the codes must be adopted by the City Council as the code reviewing body for City agencies and departments. Pursuant to State requirements, each agency in the City of Santa Ana has reviewed the classifications in their department and proposed the changes as reflected in the attached resolution. The recommendations include the addition of new classifications added to the City's budget and deletion of positions removed from the budget or whose duties have changed and no longer include making or participating in governmental decisions. The following changes to the Conflict of Interest Code list of designated filers are reflected in the resolution attached. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact with this action. EXHIBIT(S) 1. Resolution 2. Strikethrough Version Exhibit A to the Resolution City Council 24 — 1 9/20/2022 Biennial Review of Conflict of Interest Policy September 20, 2022 Page 2 Submitted By: Norma Orozco, Acting Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 24 — 2 9/20/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS Section 1. The City Council of the City of Santa Ana hereby finds determines and declares as follows: A. The various offices, agencies, and departments of the City of Santa Ana have maintained Conflict of Interest Codes pursuant to the Political Reform Act of 1974 (California Government Code sections 81000 et seq.) since the enactment of that law. B. The last comprehensive revision of the Conflict of Interest Code of the various offices, agencies, and departments of the City is set forth in City Council Resolution No. 2021-014 adopted April 6, 2021. C. Certain agencies and departments of the City now desire to amend the list of designated employees in the Conflict of Interest Code set forth in Resolution No. 2021-014. Section 2. The persons holding designated positions defined in Exhibit A attached to and made part of this resolution shall file statements of economic interest pursuant to the requirements of the City's Conflict of Interest Code. Section 3. The disclosure categories as defined in Exhibit B are attached to and made a part of this resolution. Section 4. This resolution shall supersede and replace Resolution No. 2021- 014. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. -XXX City Council 24 — 3 9/20paq�4 of 9 ADOPTED this day of September, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: SONIA R. CARVALHO, City Attorney Laura A. Rossini Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on September 2022. Date: Clerk of the Council City of Santa Ana Res - PagS:�tyfgouncil 24 — 4 9/20/2022 EXHIBIT A CITY OF SANTA ANA CONFLICT OF INTEREST CODE DESIGNATED POSITIONS 2022-2024 This Conflict of Interest Code is adopted for the City of Santa Ana California pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 g.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix: DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Elected Officials Mayor 1 1 Councilmembers 1 Successor Agency Members 1 Citv Manaaer City Manager 1 1 Assistant City Manager 1 Assistant to the City Manager 1 Management Analyst 1 Senior Management Analyst 1 Public Affairs Information Officer 1 Consultants 2 1 Principal Management Analyst 1 Clerk of the Council Clerk of the Council 1 Assistant Clerk of the Council 1 Citv Attorne City Attorney 1 1 Chief Assistant City Attorney 1 Assistant City Attorney 1 Deputy City Attorney 1 Senior Assistant City Attorney 1 Senior Legal Management Assistant 4 -XXX City Council 24 — 5 9/20 aq�� of 9 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Communitv Develoament Aaenc Executive Director of Community Development 1 Arts and Culture Specialist 2,4 Community Development Analyst 2,4 Economic Development Manager 1 Economic Development Specialist 1 2,4 Economic Development Specialist II 2,4 Economic Development Specialist 111 2,4 Homeless Services Manager 1 Housing Authority Analyst 2,4 Housing Authority Operations Supervisor 4 Housing Division Manager 1 Housing Programs Analyst 2,4 Housing Specialist 1 2,6 Housing Specialist 11 2,6 Management Analyst 2,4 Principal Management Analyst 1 Residential Construction Specialist 2,5 Senior Community Development Analyst 2,4 Senior Housing Specialist 2 Senior Residential Construction Specialist 2,5 Workforce Specialist 1 2,4 Workforce Specialist II 2,4 Workforce Specialist 111 2,4 Workforce Specialist IV 2,4 ** Consultants (Grants) 2,4 Finance Manaaement Services Aaenc Executive Director 1 1 Accounting Manager 1 Assistant Director of Finance Management Services 1 Budget Analyst 1 Budget Supervisor 1 Administrative Services Manager 1 Management Analyst 1 Payroll Manager 1 Payroll Supervisor 1 Payroll System Analyst 1 Principal Management Analyst 1 Purchasing Supervisor 3 Buyer 3 Senior Budget Analyst 1 Res - PagAtyfgouncil 24 — 6 9/20/2022 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Senior Financial Analyst 1 Senior Management Analyst 1 Financial Analyst 1 Supervising Accountant 1 Treasury and Customer Services Manager 1 Treasury Services Supervisor 1 Budget and Research Manager 1 Information Technology Department Chief Technology Innovations Officer 1 Information Services and Network Manager 1 Applications/Tech Support Manager 1 Library Services Aaenc Executive Director 1 Library Operations Manager 1 Principal Librarian 1 Management Analyst 1 Human Resources Department Executive Director 1 Assistant Director of Human Resources 1 Benefits & Compensation Supervisor 1 Payroll Systems Analyst 1 Principal Human Resources Analyst 1 Risk Manager 1 Senior Human Resources Analyst 1 Worker's Compensation Administrator 4 Parks Recreation and Communitv Services Executive Director 1 Recreation and Community Services Manager 1 Recreation and Community Services Supervisor 1 Management Analyst 1 Senior Management Analyst 1 Zoo Manager 1 Zoo Curator 1 Zoo Curator of Education 1 Zoo Curator of Health 1 xxx City Council 24 — 7 9/20paq�? of 9 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Executive Director 1 Administrative Services Manager 1 Assistant Director of Planning and Building 1 Assistant Plan Check Engineer 1 2, 7 Assistant Plan Check Engineer 11 2, 7 Assistant Planner 1 2, 6, 7* Assistant Planner 11 2, 6, 7* Associate Plan Check Engineer 2,7 Associate Planner 2, 6, 7* Building Safety Manager 1 Building Technician 6 Code Enforcement Associate 6 Code Enforcement Manager 1 Code Enforcement Officer 6 Code Enforcement Principal 2,6 Code Enforcement Supervisor 2,6 Combination Building Inspector 6 Management Aide 2, Management Analyst 2,4 Part-time Permit Services Technician 6 Part-time Planning Technician 2, 6, 7 Permit Services Processor 6 Permit Services Supervisor 2, 6, 7** Permit Services Technician 6 Planning Assistant 2, 6, 7 Planning Manager 1 Planning Technician 2, 6, 7 Plans Examiner Electrical 2,6 Plans Examiner Plumbing/Mechanical 2,6 Principal Planner 2, 6, 7** Senior Accounting Assistant 4 Senior Code Enforcement Officer 6 Senior Combination Building Inspector 6 Senior Community Planner 1 Senior Electrical Inspector 6 Senior Electrical Systems Specialist 2, 6 *** Senior Plan Check Engineer 27 7 Senior Planner 27 6, 7 **** Senior Plumbing / Mechanical Systems Specialist 27 6 *** Supervisor of Inspections 27 63 7 Res - Pagatyfgouncil 24 — 8 9/20/2022 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Police Deaartment Police Chief 1 Jail Administrator 1 Correctional Manager 1 Police Administrative Manager 1 Police Captain / Deputy Chief 1 Police Communications Manager 4 Police Lieutenant /Commander 1 Police Systems Manager 1 Police Administrative Budget Manager 1 Public Works Aaenc Executive Director 1 Administrative Services Manager 1 NPDES Manager 2, 5, 7 Assistant Public Works Maintenance Manager 1 Deputy Public Works Director/City Engineer 1 Senior Construction Inspector 5 Construction Inspector 5 Contracts Administrator 5 Deputy City Engineer 1 Principal Civil Engineer 2, 5, 7 Projects Manager 1 Deputy Public Works Director/ Maintenance Services Manager 1 Senior Civil Engineer 2, 5, 7 Senior Engineer 2, 5, 7 Associate Engineer 2, 5, 7 Civil Engineer 2, 5, 7 Stores & City Yard Property Specialist 2, 5, 7 Street Maintenance Supervisor 1 Fleet Supervisor 2, 5, 7 Building Maintenance Supervisor 2, 5, 7 Tree Maintenance Supervisor 1 Deputy Public Works Director/ Water Resources Manager 1 Water Services Supervisor 1 Deputy Public Works Director/ Construction Services Manager 1 Senior Management Analyst 1 General Maintenance Supervisor 1 Park Services Inspection Supervisor 1 Park Services Superintendent 1 Board / Commission Members Arts and Culture Commission 1 Community Development Commission 1 -XXX City Council 24 — 9 9/20paq�? of 9 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Environmental and Transportation Advisory Commission 1 Historic Resources Commission 1 Personnel Board 1 Parks, Recreation and Community Services Commission 1 Planning Commission' 1 Workforce Development Board 1 Successor Agency 1 Housing Authority 1 The Mayor, City Council, City Manager, City Attorney, Executive Director of Finance Management Services Agency, and Planning Commissioners file Economic Disclosure Form 700 with the Fair Political Practices Commission per Government Code Section 87200. 2 City Consultants shall be included when the City Manager determines in writing that a particular consultant is hired to perform duties that would constitute a "designated position". Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The determination by the City Manager is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Res - PagAtyfgouncil 24 — 10 9/20/2022 EXHIBIT B CITY OF SANTA ANA CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Required filers must review Form 700 Schedules and complete forms as mandated by the specific Disclosure Category designated. Disclosure Category 1: Full Disclosure Persons in this category shall disclose all applicable investments, business positions, income, any interests in real property located in the City or within a two-mile radius outside of the City limits, and, any interests in property owned or used by the City. Disclosure Category 2: Decision Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development, construction, or the acquisition or sale of real property; also reportable are all interests in real property located in the City and within a two-mile radius outside of the City limits or of any property owned or used by the City. Disclosure Category 3: City-wide Purchasing Responsibilities Persons in this category shall disclose applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City Disclosure Category 4: Department/Division Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies materials, machinery, or equipment of the type utilized by the designated employee s agency, department, or division. Disclosure Category 5: Public Works/Construction Projects Responsibilities Persons in this category shall disclose all interests in and income from businesses engaged in construction, landscaping, street repair, traffic signal installation or modification or the supply of materials for any of the above. Disclosure Category 6: Regulatory Power Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee's agency, department, or division. Disclosure Category 7: Planning and Engineering Persons in this category shall disclose all applicable investment, business positions, and income, including loans and gifts, from any source engaged in engineering, planning, and design services. XXX City Council 24 —11 9/20 agn of 9 CITY OF SANTA ANA CONFLICT OF INTEREST CODE DESIGNATED POSITIONS 202 -202 This Conflict of Interest Code is adopted for the City of Santa Ana California pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 g.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix: DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Elected Officials Mayor' 1 Councilmembers 1 Successor Agency Members 1 City Manager City Manager ' 1 Assistant City Manager 1 Assistant to the City Manager 1 Management Analyst &&�s = 1 Senior Management Analystss+staRt 1 Public Affairs Information Officer 1 Consultants 2 1 Principal Management Analyst Clerk of the Council Clerk of the Council 1 Assistant Clerk of the Council 1 City Attorney City Attorney ' 1 Chief Assistant City Attorney 1 City Council 24 — 12 9/20/2022 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Assistant City Attorney 1 Deputy City Attorney 1 Senior Assistant City Attorney 1 Senior Legal Management Assistant 4 Communitv Develoament Aaenc Executive Director of Community Development 1 Arts and Culture Specialist 2,4 Community Development Analyst 2,4 Economic Development Manager 1 .Gonomic ueveiopment opecianst i Z, 4 Economic Development Specialist II 2,4 Economic Development Specialist III 2,4 Homeless Services Manager 1 Housing Authority Analyst 2,4 Housing Authority Operations Supervisor 4 Housing Division Manager 1 Housing Programs Analyst 2,4 Housing Specialist 1 2,6 Housing Specialist 11 Loan SoeGiaa+s' 2,6 Management Analyst 2,4 Principal Management Analyst 1 Residential Construction Specialist 2, 5 Senior Community Development Analyst 2,4 Senior Housing Specialist 2 Senior Residential Construction Specialist 2,5 Workfoi cc 0ucU1d11sL 1 2,4 Workforce Specialist II 2,4 Workforce Specialist III 2,4 Workforce Specialist IV 2,4 ** Consultants (Grants) 2,4 Finance Manaaement Services Aaenc Executive Director 1 1 Accounting Manager 1 Assistant Director of Finance Management Services 1 Budget Analyst 1 Budget Supervisor 1 Administrative Services Manager 1 Management Analyst 1 City Council 24 — 13 9/20/2022 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Payroll Manager 1 Payroll Supervi_ _ _ Payroll Systems Analyst 1 Principal Management Analyst 1 Purchasing Supervisor 3 Buyer 3 Senior Budget Analyst 1 Senior Financial Analyst 1 Senior Management Analyst 1 Financial Analyst 1 Supervising Accountant 1 Treasury and Customer Services Manager 1 Treasury Services Supervisor 1 Budget and Research Manager 1 Information Technology Department Chief Technology Innovations Officer 1 Information Services and Network Manager 1 Applications/Tech Support Manager 1 Library Services Aaenc Executive Director 1 Library Operations Manager 1 Principal Librarian 1 Management Analyst Human Resources Department Executive Director 1 Assistant Director of Human Resources 1 Benefits & Compensation Supervisor 1 Payroll Systems Analyst 1 Principal Human Resources Analyst 1 Risk Manager 1 Senior Human Resources Analyst 1 Worker's Compensation Administrator 4 Parks Recreation and Communitv Services Executive Director 1 R creation and Community Evens SipeniicnT 1 Recreation and Community Services Manager 1 Recreation and Community Services Supervisor 1 City Council 24 — 14 9/20/2022 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY General MaiRtenonno S peryicnr 1 Management Analyst 1 Park Services InspeGtion Supervise 1 Park oer V iEes S u peri nterdent 1 Senior Management Analyst 1 Zoo Manager 1 Zoo Curator 1 Zoo Curator of Education 1 Zoo Curator of Health 1 Plannina and Buildina Aaenc Executive Director 1 Administrative Services Manager 1 Assistant Director of Planning and Building 1 Assistant Plan Check Engineer 1 2,7 Assistant Plan Check Engineer 11 2,7 Assistant Planner 1 2, 6, 7* Assistant Planner II 2, 6, 7* Associate Plan Check Engineer 2,7 Associate Planner 2, 6, 7* Building Safety Manager 1 Building Technician 6 Code Enforcement Associate 6 Code Enforcement Manager 1 Code Enforcement Officer 6 Code Enforcement Principal 2,6 Code Enforcement Supervisor 2,6 Combination Building Inspector 6 Management Aide 2, Management Analyst 2,4 Part-time Permit Services Technician 6 Part-time Planning Technician 2, 6, 7 Permit Services Processor 6 Permit Services Supervisor 2, 6, 7** Permit Services Technician 6 Planning Assistant 2, 6, 7 Planning Manager 1 Planning Technician 2, 6, 7 Plans Examiner Electrical 2,6 Plans Examiner Plumbing/Mechanical 2,6 Principal Planner 2, 6, 7** City Council 24 — 15 9/20/2022 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Senior Accounting Assistant 4 Senior Code Enforcement Officer 6 Senior Combination Building Inspector 6 Senior Community Planner 1 Senior Electrical Inspector 6 Senior Electrical Systems Specialist 2, 6 *** Senior Plan Check Engineer 2,7 Senior Planner 2, 6, 7 **** Senior Plumbing / Mechanical Systems Specialist 2, 6 *** Supervisor of Inspections 2, 6, 7 Police Department Police Chief 1 Jail Administrator Correctional Manager 1 Police Administrative Manager 1 Police Captain / Deputy Chief 1 Police Communications Manager 4 Police Lieutenant /Commander 1 Police Systems Manager 1 Police Administrative Budget Manager 1 Public Works Agency Executive Director 1 Administrative Services Manager 1 NPDES Manager 2, 5, 7 Assistant Public Works Maintenance Manager 1 Deputy Public Works Director/City Engineer 1 Senior Construction Inspector 5 Construction Inspector 5 Contracts Administrator 5 Deputy City Engineer 1 Principal Civil Engineer 2, 5, 7 Projects Manager 1 Deputy Public Works Director/ Maintenance Services Manager 1 Senior Civil Engineer 2, 5, 7 Senior Engineer 2, 5, 7 Associate Engineer 2, 5, 7 Civil Engineer 2, 5, 7 Stores & City Yard Property Specialist 2, 5, 7 Street Maintenance Supervisor 1 Fleet Supervisor 2, 5, 7 City Council 24 — 16 9/20/2022 DESIGNATED EMPLOYEES / FILERS Building Maintenance Supervisor Tree Maintenance Supervisor Deputy Public Works Director/ Water Resources Manager Water Services Supervisor Deputy Public Works Director/ Construction Services Manager Senior Management Analyst Board / Commission Members Arts and Culture Commission Community Development Commission Environmental and Transportation Advisory Commission Historic Resources Commission Personnel Board Parks, Recreation and Community Services Commission Planning Commission 1 Workforce Development Board Successor Agency Housing Authority DISCLOSURE CATEGORY 2, 5, 7 1 The Mayor, City Council, City Manager, City Attorney, Executive Director of Finance Management Services Agency, and Planning Commissioners file Economic Disclosure Form 700 with the Fair Political Practices Commission per Government Code Section 87200. 2 City Consultants shall be included when the City Manager determines in writing that a particular consultant is hired to perform duties that would constitute a "designated position". Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The determination by the City Manager is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. City Council 24 — 17 9/20/2022 CITY OF SANTA ANA CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Required filers must review Form 700 Schedules and complete forms as mandated by the specific Disclosure Category designated. Disclosure Category 1: Full Disclosure Persons in this category shall disclose all applicable investments, business positions, income, any interests in real property located in the City or within a two-mile radius outside of the City limits, and, any interests in property owned or used by the City. Disclosure Category 2: Decision Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development, construction, or the acquisition or sale of real property; also reportable are all interests in real property located in the City and within a two-mile radius outside of the City limits or of any property owned or used by the City. Disclosure Category 3: City-wide Purchasing Responsibilities Persons in this category shall disclose applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City Disclosure Category 4: Department/Division Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies materials, machinery, or equipment of the type utilized by the designated employee s agency, department, or division. Disclosure Category 5: Public Works/Construction Projects Responsibilities Persons in this category shall disclose all interests in and income from businesses engaged in construction, landscaping, street repair, traffic signal installation or modification or the supply of materials for any of the above. City Council 24 — 18 9/20/2022 Disclosure Category 6: Regulatory Power Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee's agency, department, or division. Disclosure Category 7: Planning and Engineering Persons in this category shall disclose all applicable investment, business positions, and income, including loans and gifts, from any source engaged in engineering, planning, and design services. City Council 24 — 19 9/20/2022 planning and Building & Finance and Management Services Agencies santa-ana.org/pb Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates AGENDA TITLE: Public Hearing - Ordinance Amendment No. 2022-01 to Update Chapters 18, 21, and 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Measure BB Waitlist Termination, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature RECOMMENDED ACTION 1. Approve first reading of an ordinance amending Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing, and make other administrative amendments of a complimentary nature. 2. Adopt a resolution modifying various non -retail commercial cannabis tax rates. 3. Adopt a resolution establishing a map of commercial cannabis eligible areas in the City. DISCUSSION Background The City of Santa Ana permits a variety of types of cannabis business activity, which include retail sales of medicinal and adult -use cannabis, and cannabis cultivation, distribution, manufacturing, and testing. These cannabis business activities were permitted through adoption of multiple ordinances beginning with Measure BB (Ordinance City Council 25 — 1 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 2 NS-2684) in November 2014 ending with Ordinance NS-2944 in May 2018. In November 2018, Santa Ana voters approved Measure Y (Ordinance NS-2962), which established commercial cannabis business license taxes for adult -use cannabis retail sales, cannabis cultivation, distribution, manufacturing, and testing. The most recent commercial cannabis ordinance updates were adopted by the City Council in September 2019 (Ordinance NS-2973). These updates amended various sections of Chapters 18, 21, and 40 of the Santa Ana Municipal Code (SAMC) to address horizontal and vertical integration of cannabis businesses, to streamline and modernize regulations in response to State changes allowing microbusinesses and shared manufacturing, and to establish consistency among various SAMC sections addressing employee badge requirements and minimum purchasing age. Ongoing changes to State cannabis laws and evolving market demands prompt the City to regularly revisit its ordinances and tax collection to ensure that Santa Ana: (1) maintain its competitive position in the region; (2) remain compliant with applicable State laws; and (3) streamline and equalize its implementation of non -retail commercial cannabis taxation. In response to these changes, the City is proposing to update the SAMC in various chapters and sections to address medicinal cannabis retail, consumption lounges and temporary events, Measure BB Waitlist termination, retail facility relocation, commercial cannabis eligible areas, commercial cannabis tax rate reductions affecting nominal gross receipts tax rates as well as alternate (minimum) square footage tax rates for commercial cannabis cultivation, distribution, and manufacturing, and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing. These updates are intended to foster an environment in which commercial cannabis businesses continue to operate safely and in accordance with all applicable local and State regulations while maintaining Santa Ana's top position in the regional cannabis industry. Market Analysis On July 29, 2022, the City Council conducted a work-study session to discuss municipal code changes related to Cannabis and requested a market analysis with comparative tax information from other cities. The comparative tax information is included in Exhibit 5. Based on the City Council's discussion of July 29, 2022, and the comparative tax information available, staff recommends a reduction of the Cannabis supply tax rate for cultivation, distribution, and manufacturing from the current 6% to 1 %, as outlined below. Cannabis business with multiple licenses to cultivate, manufacture, distribute and sell product can take advantage of the vertical and horizontal integration approved by City Council in 2019 to further reduce their net gross receipts tax burden. Multiple -license businesses only owe a City tax when they sell to a third party, not when they internally sell/transfer product from one of their vertically/horizontally integrated operations to another. City Council 25 — 2 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 3 In 2020, the City of Long Beach reduced its Cannabis supply tax rate from 6% to 1 %. Representatives of the Cannabis industry indicated that Long Beach tax collections significantly increased after the rate reduction. Staff obtained revenue estimates from Long Beach and found, in aggregate, that supply businesses in that city are generating roughly the same amount of tax, on a per -percentage basis, as supply businesses in the City of Santa Ana (an average of approximately $8,900 per 1 % percent of tax rate, per location). Therefore, it appears that Long Beach's action in 2020 merely increased tax collections to the same comparative level as Santa Ana. In conjunction with the recommended rate reduction to 1 %, staff recommends a reduction of the alternate (minimum) square footage tax rates for commercial cannabis cultivation, distribution, and manufacturing. The proposed square -footage tax -rate reductions are as follows: cultivation from $10 per square foot to $7; distribution from $4 per square foot to $3; and manufacturing from $10 per square foot to $3. At this time, staff does not recommend an adjustment of the 8% Cannabis retail rate or the 6% medicinal rate. The City's retail Cannabis tax revenue continues to grow. Staff obtained revenue estimates from other jurisdictions and it appears that, on average, Santa Ana Cannabis businesses generate higher sales volume than those in other jurisdictions. In May of this year, the Long Beach City Council directed staff to prepare a report exploring the feasibility of reducing the Long Beach retail tax rate (currently 8%) to align with the medicinal tax rate (currently 6%). The item was presented to the City of Long Beach Economic and Finance Committee on August 18, 2022, recommendation of committee was to "Receive and File". Long Beach staff did, however, recommend a reduction of the tax rate for eight new equity storefronts to enhance their ability to compete with established storefronts. There was no recommendation to reduce the tax rate for existing Cannabis retail businesses. If desired, Santa Ana City Council could direct staff to return in one year with an updated market analysis, including the latest revenue estimates for further comparison. The State of California recently enacted AB195, which includes tax credits for "high -road" Cannabis employers that compensate employees at or above 150% of minimum wage, provide group health insurance and retirement benefits, provide safety equipment and training, and provide workforce development training to build skills and competitiveness. Because tax credits are available at the state level, staff does not recommend tax credits at the local level at this time. Staff is not aware of any other cities currently considering local tax credits. Proposed Amendments — Financial (SAMC Chapter 21) Table 1 (Proposed Amendments to Chapter 21) describes the finance -related ordinance amendments. Additional details are provided in the subsections that follow. City Council 25 — 3 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 4 Table 1: Proposed Financial Amendments Item Impact Amend (SAMC Amendment: Sections 21-127, 21- (1) Amend SAMC Chapter 21 (Licenses) provisions relating to 133, and 21-135) Article XII (Medical Marijuana) - Section 21-127- to reflect definitional changes, and Article XIII (Commercial Cannabis) - Section 21-133 — to adopt a separate business license category for consumption lounges and temporary consumption/ special events and to reduce cannabis tax rates for commercial cannabis cultivation, distribution, and manufacturing activities; (2) by further amendment of Section 21-133 to administratively simplify the taxation of shared manufacturing activities to maintain Santa Ana's competitive advantage visa via these commercial cannabis business activities, and to also relax and equalize square footage assessment treatment as between co - located cannabis distribution and manufacturing businesses who are not horizontally/vertically integrated and those that are; and (3) also amend Section 21-135 to equalize the tax treatment of microbusinesses to insure fair treatment. The recommended Commercial Cannabis Tax Rate Adjustments, including a $2,000 basic tax rate per license, are described in detail in Exhibit 4. Impacts: Reduction of commercial cannabis business license tax rates for commercial cannabis cultivation, distribution, and manufacturing activities, first effective January 1, 2023, is estimated to result in lower end of fiscal year non -retail commercial cannabis business tax revenue as follows: • A reduction in the projected revenue in the range of approximately $1,626,500 to $1,210,000 for FY 2022-23, when measured against actual receipts for FY 2021-22 of approximately $2,310,000; and FY 2021-22 FY 2022-23 FY 2022-23 FY 2022-23 Actual Revenue Revenue REVENUE Revenue Estimate Estimate ESTIMATE Received (Upper Range) (Lower Range) CULTIVATION $1,223,376 $841,000 $640,000 DISTRIBUTION $863,446 $595,000 $423,000 MANUFACTURING $215,152 $190,500 $147,000 Total 2 310 974 $1 6,500 1 210 000 City Council 25 — 4 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 5 Table 1: Proposed Financial Amendments Item Impact • An estimated reduction in the projected revenue in the range of approximately $952,500 to $708,500 for FY 2023-24, compared to actual receipts for FY 2021-22 of approximately $2,310,000. FY 2021-22 FY 2023-24 FY 2023-24 FY 2023-24 Actual Revenue Revenue REVENUE Revenue Estimate Estimate ESTIMATE Received (Upper Range) (Lower Range) CULTIVATION $1,223,376 $459,500 $349,000 DISTRIBUTION $863,446 $327,000 $232,000 MANUFACTURING $215,152 $166,000 $127,500 Total $22 31� $952,500 $708,500 • The foregoing non -retail commercial cannabis figures do not include potential offsetting revenues which may be anticipated from future shared manufacturing and microbusiness revenues and from the enhanced natural growth of Santa Ana's non - retail commercial cannabis business community which will be encouraged by the rate reductions, and the simplification and equalization of tax treatments for cultivation, distribution, manufacturing, shared manufacturing, and microbusinesses. At present, however, the City is lacking in sufficient information to reasonably project such additional revenues. • Likewise, the City may anticipate future increased revenues from primary manufacturers and participating shared manufacturers taking advantages of Santa Ana's proposed favorable and administratively streamlined treatment of shared manufacturers and the proposed relaxation and equalization of the tax treatment as between manufactures and distributors who are co -located, regardless of whether they are horizontally or vertically integrated or not. • Similarly, there will be an increased likelihood of formation of microbusinesses based on Santa Ana's going -forward equalization of microbusiness tax treatment, so that microbusinesses will not have to include the annual $2,000 basic tax rate assessment for each licensed category of commercial cannabis business they choice to engage in, but instead they will be liable to only pay once for the primary City Council 25 — 5 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 6 Table 1: Proposed Financial Amendments Item Impact commercial cannabis activity they choose to engage in. This effectively affords microbusinesses the same net administrative tax treatment as other categories of commercial cannabis business. Consumption Lounges & Temporary Consumption/Special Events and Shared -Use Manufacturing — Elimination of Alternate Square Footage Tax Assessment Consumption Lounges & Temporary Consumption/Special Events are locations where an underlying retail cannabis business licensee is already subject to a square footage assessment. Likewise, Shared Manufacturing premises are places where multiple shared manufacturers (also known as sub -manufacturers) rotate on a variable schedule and share space and equipment provided by a primary commercial cannabis manufacturing business, the alternate square footage method of assessment is made too cumbersome to apply and the need to impose it is mitigated by the fact that the primary manufacturing business owning and controlling the manufacturing premises is already subject to the assessment. Therefore, staff recommends that the City Council establish both the Consumption Lounge & Temporary Consumption/Special Events and Shared Use Manufacturing square footage tax rates at zero ($0) dollars, effectively eliminating the Alternate Square Footage Tax Assessment method as a component in computing taxes owed by shared manufacturers operating at primary manufacturing locations within the City. Effective elimination of the alternate tax will remove the principle administrative tax impediment to facilitating consumption and shared manufacturing within the City. Microbusinesses — Elimination of De facto Assessment of Multiple Basic Tax Rate Assessments The City's Business License Tax Code dealing with cannabis businesses establishes an annual Basic Tax Rate assessment of $2,000 per each licensed commercial cannabis activity engaged in at a single location in the City. This requirement poses a challenge for microbusinesses, which were not contemplated as a commercial cannabis category to be authorized to do business in the City at the time the Basic Tax Rate assessment was adopted for commercial cannabis businesses pursuant to Voter Ballot Measure Y. The Basic Tax Rate assessment was primarily intended as the means - together with the Alternate Square Footage Tax - of assuring a minimum level of City revenue from commercial cannabis businesses. Microbusinesses are required by the state to engage in a minimum of three commercial cannabis activities, and thus are required by the City to obtain a business license for each of these activities. (No administratively reasonable methodology exists or is likely to become available for combining all categories of commercial cannabis assessment into one business license account.) City Council 25 — 6 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 7 However, the requirement for multiple Basic Tax Rate assessments can be seen to have a negative impact on the formation of microbusinesses within the City. To address this issue, staff recommends that the City Council adopt a special proviso for microbusinesses allowing them to pay the annual Basic Tax Rate only upon their predominate commercial cannabis activity, and thus allow them to be exempted from the requirement on all of their other licensed activities engaged in at a single location within the City. Proposed Amendments — Regulatory (SAMC Chapters 18 and 40) In addition to the proposed changes listed in Table 1, the City is proposing to update and streamline certain sections of Chapter 18 (Medicinal Marijuana) and Chapter 40 (Commercial Cannabis Business Activities Other Than Medicinal Marijuana). Table 2 (Proposed Regulatory Amendments) describes the regulatory -framework ordinance amendments. Table 2: Proposed Regulatory Amendments Item Amendment and Impact Repeal and Readopt Amendment: Medicinal Cannabis Removes medicinal cannabis retail regulations from Chapter 18 by Retail Regulations deleting Article XIII and readopting as Article II of Chapter 40. (SAMC Article XIII of Chapter 18) Impacts: • Creates a single SAMC chapter addressing all commercial cannabis (medicinal and adult -use) business activities, including retail, cultivation, distribution, manufacturing, and testing. • Enhances internal consistency of commercial cannabis regulations by consolidating all regulations into a single chapter within the SAMC. Community Benefits, Amendment: Sustainable Business Updates community benefit and sustainable business practices Practices, and Social requirement by codifying requirements and integrating required social Equity (SAMC Sec. 40- equity components. 1) Impacts: • Addresses the termination date of existing commercial cannabis operating agreements, which are set to expire December 31, 2022. • Codifies requirement for all commercial cannabis businesses to submit and have a Community Benefit, Sustainable Business Practices, and Social Equity Plan ("Plan") on file with the City. • Allows the City to require proof of satisfaction of the Plan. • Integrates key social equity principles into the Plan. • Establishes a Plan template for internal consistency, reporting, and auditing, if required. City Council 25 — 7 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 8 Table 2: Proposed Regulatory Amendments Item Amendment and Impact Commercial Cannabis Amendment: Eligible Areas (SAMC Establishes an updated commercial cannabis eligible areas map to Secs. 40-5, 40-6, and maintain a buffer between commercial cannabis businesses and 40-105) sensitive land uses, such as schools, parks, and residential zones. Impacts: • Updates the existing map of commercial cannabis eligible areas adopted March 18, 2020, and requires adoption of the new map by resolution of the City Council. • Maintains a buffer between commercial cannabis businesses and sensitive land uses based on the original 1,000-foot buffer. • Allows operating and pending businesses to expand within existing buildings. • Creates consistency between ordinance and adopted map. Relocation of Amendment: Commercial Cannabis Allows relocation of currently -operating commercial cannabis retail Retail Facilities locations within Santa Ana. (SAMC Secs. 40-7 and 40-104) Impacts: • Addresses facilities impacted by changes in market conditions and/or impacted by projects such as the Costa Mesa (SR-55) Freeway widening. • Facilitates the opening of remaining pending and five new retailer storefronts, for a total of 35 retail storefronts. • Allows the City to achieve its full revenue -generating potential of the commercial cannabis ordinance. Consumption Amendment: Lounges as an Establishes a means by which cannabis retailers may apply to construct Ancillary Component and operate a consumption lounge. of Retail (SAMC Secs. 40-5 and 40-8) Impacts: • Consistent with State law, allows cannabis consumption lounges as an ancillary component to retail activities subject to full compliance with State licensing, local permitting, environmental and public health, and building and fire safety regulations. • Allows the City to achieve its full revenue -generating potential of the commercial cannabis ordinance. • Maintains Santa Ana's competitive edge and leadership position within the regional cannabis industry. City Council 25 — 8 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 9 Table 2: Proposed Regulatory Amendments Item Amendment and Impact Temporary Amendment: Consumption Establishes a means by which cannabis retailers may apply to conduct Festivals and Events special events that include cannabis sales and consumption. (SAMC Sec. 40-8) Impacts: • Allows cannabis retailers each to hold up to two (2) temporary consumption events per calendar year. • Allows the City to organize and hold its own festivals. • Activities would be required to satisfy all applicable State licensing, local permitting, environmental and public health, and building and fire safety regulations. • Allows the City to achieve its full revenue -generating potential of the commercial cannabis ordinance. • Maintains Santa Ana's competitive edge and leadership position within the regional cannabis industry. Various Amendments: Administrative Updates various sections of Chapters 21 and 40 to establish internal Amendments for consistency in terminology and regulations, update background check Internal Consistency requirements, and require plan submittal and opening for all remaining (SAMC Secs. 40-2, 40- pending cannabis retail businesses. 9, 40-9.2, 40-10, and 40-100 through 40- Impacts: 108) • Edits title of Chapter 40 and updates definitions to address amendments described above. • Removes local badge requirements and requires only live scans for business owners. • Updates application selection process for commercial cannabis businesses and addresses consumption lounges. • Modifies various sections to remove references to now -defunct Article XIII of Chapter 18. • Requires all pending medicinal and adult -use retail locations to submit construction plans and open within one year of the effective date of the ordinance. Among the proposed amendments, the number of permitted retail locations and relocation of pending/selected and existing retailers, termination of the Measure BB Waitlist, changes to the buffer requirements from sensitive land uses, and consumption lounges and temporary events represent substantive changes that are described in further detail in the subsections below. These amendments are intended to address evolution in market conditions for cannabis businesses in Santa Ana and maintain the City's competitive position in the regional cannabis industry. City Council 25 — 9 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 10 Number of Permitted Retail Locations, Retail Relocation, and Termination of the Measure 88 Waitlist Existing ordinance regulations permit up to 20 medicinal and 30 adult -use cannabis retail locations; however, such facilities may be co -located in a single facility. The proposed amendments would allow an additional five (5) retail locations, for a total of 35 storefronts in the City. If approved, the amendments would allow all 35 retail licenses to sell both medicinal and adult -use cannabis. There are currently 27 operating storefront retailers in the City. Of these, 19 sell medicinal and adult -use cannabis, and 8 sell adult -use only cannabis. In addition, there are 1 pending/selected medicinal -only and 3 pending/selected adult -use retailers. The amendment would incentivize the pending/unopened retailers to open sooner and provide the retailers greater revenue -generating potential through both medicinal and adult -use retail cannabis sales. The amendments would also allow existing retailers to relocate subject to full compliance with all zoning, buffer, and separation requirements from other existing or pending/selected locations. This amendment also addresses the SR-55 widening project, which will result in physical impacts to at least one retailer, as well as evolving market conditions as the industry matures in Santa Ana. Currently, relocation is prohibited, and those businesses that have relocated have done so pursuant to various agreements with the City. The amendments would standardize the process for all entities and further incentivize the pending/selected businesses that have not yet opened to properly locate and open. Lastly, the amendments would terminate the Measure BB Waitlist, which has consistently shrunk since 2015 from 575 entities to its current five (5). Pursuant to Measure BB, each year waitlisted entities must notify the City of their desire to remain on the Waitlist, and the City updates the Waitlist annually between April and May. The amendments would set forth a process by which the City notifies the waitlisted entities of the intended termination and allow them to apply for the five new retail locations by March 30, 2023. Should all five not open, the priority for remaining storefront positions would then be given to those entities scored as part of the adult -use retail selection process in 2018; those entities would need to apply by July 31, 2023. Should remaining storefront positions be available thereafter, the City would accept applications from brand-new entities beginning July 31, 2023, subject to the same merit -based evaluation process employed in 2018 that included criteria such as site control, previous experience, commitment to community benefits, having remained on the Waitlist, residing in Santa Ana, and being in good standing. This staggered method will ensure consistency with prior processes and create a fair opportunity for those waitlisted entities to submit competitive applications to operate new retail locations in the City. Any remaining positions available after this staggered City Council 25 — 10 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 11 process would follow the same selection process employed in 2018 using merit -based criteria. Commercial Cannabis Eligible Areas Map All commercial cannabis businesses were initially subject to specific, codified regulations for separation from sensitive land uses (schools, parks, and residential zones) under Measure BB for medicinal cannabis retail sales, and subsequently by Ordinance No. NS- 2929, which created Chapter 40 of the Santa Ana Municipal Code for all other commercial cannabis business activities. The regulations allowed commercial cannabis business activity in the City's light and heavy (M1 and M2) industrial zoning districts and required a 1,000-foot separation from these sensitive land uses; no accompanying map was officially adopted to illustrate these parameters. Following redevelopment of industrial properties east of the Costa Mesa (SR-55) Freeway, the City Council adopted a map of commercial cannabis eligible areas on March 20, 2018 in which commercial cannabis business activities could locate subject to full compliance with applicable local, County, and State regulations. The map, however, is currently in conflict with existing ordinance language requiring the 1,000-foot buffer from residential zones. Among the actions proposed for City Council consideration to address this conflict is adoption of a resolution establishing new map largely based on the existing 1,000-foot buffer from schools, parks, or properties zoned for residential purposes. The new map would specify on a parcel -specific level those properties that are eligible for commercial cannabis businesses. The proposed ordinance would also be modified to reflect the map, rather than specify the buffer in text. Modification to the map could take place with future resolutions as needed, without requiring an amendment to the overall ordinance. Consumption Lounges and Temporary Events State law was modified in 2019 to create a framework allowing cannabis consumption lounges and temporary (special) events with cannabis consumption. Cannabis consumption lounges are permitted to be opened and operated by businesses holding a retailer license. The proposed amendments would allow the City's commercial cannabis retail businesses to submit applications to operate consumption lounges on the same site as and physically contiguous to a cannabis retailer. In addition, standards would be in place to allow temporary consumption festivals organized and held by the City, and temporary consumption events held by cannabis retail businesses. Several development and operating standards are included to ensure the health and safety of visitors to retailers and to minimize impacts onto surrounding properties. Among these, lounges will need to be designed so that a patron need not enter a consumption City Council 25 —11 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 12 lounge in order to access a retail -only portion of the facility, and the lounges may only be accessible to those aged 21 or older. Lounges and special events may also offer food and non-alcoholic beverages, but the sale or consumption of alcohol or tobacco products will be prohibited. Lastly, cannabis retailers would be able to construct specific spaces within the retail area for the opening and limited consumption of cannabis products for educational purposes, without the need to construct a dedicated consumption lounge. In addition, smoking cannabis will be permissible subject to odor control and elimination, and consumption or smoking of cannabis products shall not be visible from any public place, public right-of-way, or area where minors may be present. If the consumption lounge or event contains an outdoor area, the outdoor area shall be oriented so as to eliminate visibility from any adjacent public place, public right-of-way, area where minors may be present, or adjacent business, tenant space, or building. As with all other commercial cannabis businesses, odor control and ventilation systems must be in place to eliminate any odors. Lastly, all facilities or event operators must abide by odor control response measures specified in the ordinance. Orange County Grand Jury and Orange County Advocacy Alliance On June 3, 2021, the Orange County Grand Jury (OCGJ) issued an investigate report with findings and recommendations regarding the City's licensed retail adult -use cannabis program and regulatory framework. Subsequent staff reports were presented on the matter to the City Council, most recently on September 7, 2021. Following the September 7 meeting, the City issued a letter on September 13, 2021 to the Honorable Erick Larsh, Presiding Judge, with the City' responses to six findings and three recommendations. The proposed ordinance will maintain the City's commercial cannabis regulatory framework in keeping with these findings. Moreover, the proposed amendments to community benefit and sustainable business practice requirements reflect the OCGJ's recommendation to further streamline and unify such obligations by the licensed commercial cannabis businesses operating in Santa Ana, and enable more routine and accurate reporting of such engagements. Most recently, the Orange County Advocacy Alliance (OCAA) issued a letter to the City Council urging a modification to commercial cannabis tax rates as "the number one priority to create a sustainable, competitive, and profitable cannabis business marketplace." The proposed tax code amendments to reduce certain non -retail commercial cannabis tax rates reflect not just OCAA's sentiments, but also feedback received by dozens of business operators and research that the Planning and Building and Finance and Management Services agencies' staff performed between 2020 and 2022 into competitive jurisdictions' commercial cannabis tax rates. City Council 25 — 12 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 13 Community Benefits, Sustainable Business Practices, and Social Equity In response to recommendations from the OCGJ investigative report and industry feedback, the City is also proposing modifications to its community benefit and sustainable business practice requirements that would clarify and streamline obligations, options, and reporting. The proposed amendments would sunset the requirement for individual operating agreements but would require all commercial cannabis businesses to maintain a community benefit and sustainable business practices plan on file with the City. Staff met with a focused group of industry representatives on April 21, 2022 to obtain insight on the proposed code amendments. Representatives recommended modifications to the required community benefits and sustainable business practices to reflect current labor trends and industry practices. In addition, representatives expressed a desire to standardize reporting to the City. Because of this meeting, staff tailored community benefit and sustainable business practice options in the proposed ordinance to address the concerns brought up by the industry representatives. All commercial cannabis businesses will be required to report community benefit and sustainable business practice obligations twice a year as a condition of maintaining the regulatory safety permit in good standing and as a condition of their annual renewal. The annual reporting will require descriptions of the following components: 1. Action — a thorough breakdown of all stated commitments/obligations and the actions taken by the business to satisfy the required commitments/obligations. 2. Value — A detailed, quantitative description of the value of the commitments/obligations, either as money spent or time/resources committed by the business and its staff. 3. Community Benefit Value — A qualitative description of the resulting value of the commitments/obligations' quantitative impacts, otherwise known as the "local multiplier effect" when one dollar is spent locally. 4. Local Engagement — A detailed narrative of engagement by business owners with local organizations, community groups, and civic/government organizations. Examples include coordination with the City's Economic Development Division, the Santa Ana WORK Center, job fairs, local educational institutions' skills training, and local community and not -for -profit organizations. A component of the ordinance requires that all commercial cannabis businesses operating in the City provide community benefits through a Community Benefits, Sustainable Business Practices, and Social Equity Plan ("Plan") that promotes health and sustainability of the community in a format acceptable by the Executive Director of the Planning and Building Agency as reviewed and verified from time to time as a component of issuance of an annual regulatory safety permit. Obligations to satisfy the Plan's City Council 25 — 13 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 14 requirements will be based on a percentage rate of a business's gross reportable revenue from the prior reporting year (0.50% from January 1, 2023 to January 1, 2024, and 1.00% thereafter). The Plan will document each of the business's commitment to local hiring, local sourcing, community engagement and contributions, sustainable business practices, and consideration of social equity goals through paying prevailing wages, hiring from disadvantaged communities, supporting local non-profit organizations (NPOs), and job and skills training. Moreover, the Plan will quantify the value of each commitment therein. The format is also intended to enable businesses committing to certain social equity principles to apply for consideration by the State for tax credits, complementing the provisions of Section 17053.64 of the California Revenue and Taxation Code. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), these actions are exempt from further CEQA analysis pursuant to CEQA Guidelines Section 15061(b)(3), as the proposed amendments address business activities already permitted in the City and will not result in any significant physical effect on the environment. Because Santa Ana is a built -out, urbanized community, and the uses permitted and regulated by the cannabis ordinance are already allowed by the underlying zoning designations and the development standards in Chapter 41 (Zoning) of the Santa Ana Municipal Code, the updates to the ordinance will not lead to any cumulative or unforeseen impacts. A Notice of Exemption, Environmental Review (ER) No. 2022-15, will be filed for these actions. FISCAL IMPACT There is a projected fiscal impact associated with approval of the recommended actions, as they will reduce the projected commercial cannabis revenues for cultivation, distribution, and manufacturing as compared with the actual revenues received in FY 2021-22. Assuming the proposed rate changes become effective January 1, 2023, the cumulative revenue reduction is estimated to be between approximately $685,000 and $1,100,000 for FY 2022-23; and between approximately $1,360,000 and $1,600,000 in FY 2023-24. However, other elements of the staff recommendations contained within this Staff Report relating to shared manufacturing, microbusinesses, and notably consumption lounges and temporary events, and allowing all retailers to sell both medicinal and adult -use cannabis, will likely provide some degree of offsetting revenues. Staff, however, lacks reasonable data on which to make increased revenue projections. Likewise, the addition of five (5) potential added retail sales locations, while encouraging in terms of future revenue; cannot, as yet, be counted on as a reliable projected revenue for the current 2022-23 fiscal year or the approaching 2023-24 fiscal year due to the long lead times involved in bringing such retail locations into operation. Failure to adopt the above recommended action items, however, would have a negative impact on a significant number of established cannabis businesses as well as pending commercial cannabis applicants awaiting adoption of those recommended items before committing to entering the approval, permitting, and licensing process and who will defer City Council 25 — 14 9/20/2022 Ordinance Amendment No. 2022-01 - Commercial Cannabis Regulatory and Tax Updates September 20, 2022 Page 15 or cancel their decision to enter the Santa Ana market, thus causing the hoped for revenues to not be realized. EXHIBIT(S) 1. Ordinance 2. Resolution modifying various commercial cannabis tax rates 3. Resolution establishing a map of commercial cannabis eligible areas in the City 4. Recommended commercial cannabis tax rate adjustments table 5. Comparative tax information (market analysis) Submitted By: Minh Thai, Executive Director of Planning and Building Agency and Kathryn Downs, Executive Director of Finance and Management Services Agency Approved By: Kristine Ridge, City Manager City Council 25 — 15 9/20/2022 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA READOPTING AND AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA RETAIL AND CHAPTER 40 OF THE MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS RETAIL BUSINESSES TO MODIFY THE MAXIMUM NUMBER OF RETAIL BUSINESSES AND ZONING REQUIREMENTS; TERMINATE THE MEDICINAL RETAIL WAITLIST; ALLOW AND REGULATE RETAIL FACILITY RELOCATION, CANNABIS CONSUMPTION LOUNGES, AND TEMPORARY CONSUMPTION EVENTS AND FESTIVALS; AND AMEND BACKGROUND CHECK AND BADGE REQUIREMENTS; AND AMENDING CERTAIN SECTIONS OF ARTICLES XII AND XIII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE TAX TREATMENT OF COMMERCIAL CANNABIS MICROBUSINESSES AND SHARED MANUFACTURING BUSINESSES TO REDUCE THE TAX RATES FOR COMMERCIAL CANNABIS CULTIVATION, DISTRIBUTION, AND MANUFACTURING / SHARED MANUFACTURING AND TO ADOPT A SEPARATE TAX RATE CATEGORY FOR CANNABIS CONSUMPTION LOUNGES, AND TEMPORARY CONSUMPTION EVENTS AND FESTIVALS 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 November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") which was codified in Chapters 18 and 21 of the Santa Ana Municipal Code. Such regulations govern medicinal marijuana and the retail sale thereof. B. In 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Marijuana Regulation and Safety Act, further amended in 2016 as the Medical Cannabis Regulation and Safety Act, which established regulations and a state licensing system for medical cannabis cultivation, manufacturing, delivery, and dispensing. Ordinance No. NS-XXX Page 1 of 66 City Council 25 — 16 9/20/2022 C. In November 2016, the voters of the State of California approved Proposition 64, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act. D. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act. E. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code (Ordinance No. NS-2929), allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. F. Since November 2014, the City of Santa Ana has permitted the retail sale of cannabis for medicinal purposes and since January 2018 for adult -use purposes. On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories. G. On April 17, 2018, the City Council adopted Ordinance NS-2944 allowing and regulating commercial cannabis cultivation, distribution, and manufacturing activities. H. On November 6, 2018, the voters of the City of Santa Ana approved Measure Y (Ordinance NS-2962), establishing a tax on commercial cannabis business activities except medicinal cannabis retail sales, which continue to be subject to taxes under Measure BB. I. On September 3, 2019, the City Council adopted Ordinances NS-2972 and NS-2973 amending certain sections of chapters 18, 21, and 40 of the Santa Ana Municipal Code allowing vertical and horizontal integration of cannabis businesses; updating ownership transfers procedural standards and requirements, security deposits, and various administrative processes; updating and streamlining regulatory components; reducing cannabis testing taxes to the greater amount of one (1 %) percent of gross receipts or one and one-half ($1.50) dollars per square foot; and adopting a canopy measurement and square footage allocation service fee. J. The State of California continues to update its regulations on commercial cannabis business licensing, resulting in the need for local jurisdictions to update and amend local commercial cannabis ordinances from time to time. K. It is the desire of the City Council to combine and unify the regulations for medicinal cannabis retail and all other types of commercial cannabis business activities, currently contained in Chapters 18 and 40 of the Santa Ana Municipal Code, respectively, for clarity and cohesion. Ordinance No. NS-XXX Page 2 of 66 City Council 25 — 17 9/20/2022 L. The City Council recognizes those entities that have remained on the Medicinal Cannabis Waitlist pursuant to Santa Ana Municipal Code Section 40-104, and those entities that were scored as part of the merit -based selection process in Section 40-9. M. Commercial cannabis businesses form an integral part of the Santa Ana economy, contributing revenues and community benefits through business engagement with the Santa Ana community. N. The City Council of the City of Santa Ana intends that nothing in this article shall be deemed to conflict with federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law. O. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold, cultivated, manufactured, tested, consumed, or distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these uses may operate, and in providing access of cannabis to residents. P. The City Council has held a duly noticed public hearing on September 20, 2022 in connection with consideration and adoption of this ordinance. Section 2. This Ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to: Article XI, Section 7 of the California Constitution, the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5), the Medical Marijuana Program (California Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Regulation and Safety Act (AB 266, AB 243, and SIB 643; hereafter "MMRSA"), the Adult Use of Marijuana Act (Proposition 64), and the Medical and Adult Use Cannabis Regulation and Safety Act (SB 94; hereafter "MAUCRSA"). Section 3. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. Santa Ana is a built -out, urbanized community, and the uses permitted and regulated by this Ordinance are already allowed by the underlying zoning designations and the development standards in Chapter 41 (Zoning) of the Santa Ana Municipal Code. The uses permitted and regulated by this ordinance will not lead to any cumulative or unforeseen impacts. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Ordinance No. NS-XXX Page 3 of 66 City Council 25 — 18 9/20/2022 Section 4. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 5. The title of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Chapter 40 - REGULATION OF COMMERCIAL CANNABIS BUSINESS ACTIVITIES OTHER THAN MEDICINAL CANNABIS RETAIL CTlVlTlCc Section 6. Article I of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 40-1. Purpose and intent, intent, and community benefits required. A. The purpose and intent of this article is to regulate commercial cannabis business activities, as defined in this article, in order to ensure the health, safety and welfare of the residents of the City of Santa Ana by establishing regulations necessary for commercial cannabis business operating in the City of Santa Ana to obtain and maintain a Regulatory Safety Permit ("RSP"). Any commercial cannabis businesses operating in the City of Santa Ana shall at all times be in compliance with current State Law and this article. All commercial cannabis facilities shall operate in accordance with the regulations in this article and with the conditions of approval associated with the applicable zone for the parcel of real property upon which the commercial cannabis activities are conducted. Any commercial cannabis business shall qualify for and receive a Regulatory Safety Permit from the City of Santa Ana as provided by this article and operate only in a zone in compliance with Santa Ana Municipal Code before commencing with any commercial cannabis business activity. Any commercial cannabis business without a Regulatory Safety Permit is in violation of this article. The regulations in this article, in compliance with the Compassionate Use Act, the Medicinal Marijuana Program Act, SB 94, AB 133, Proposition 64, and the California Health and Safety Code (collectively referred to as "State Law") do not interfere with the right to use adult -use cannabis or medicinal cannabis as authorized under State Law, nor do they criminalize the possession of cannabis as authorized under State Law. B. Any person operating a medicinal marijuana collective/cooperative (as defined in Chapter 18 Article II of this Code Chapter) as of December 14, 2017, or who has a RSP application pending to operate a medicinal collective/cooperative, and has met all of the requirements of ChaptTapterr-1r9 Article 11, shall be allowed to apply for a Regulatory Safety Permit for the sale of Adult -Use cannabis provided that they enter iRtO the Commercial GaRRahis OperatiRg AgreemeRt with the City Ordinance No. NS-XXX Page 4 of 66 City Council 25 — 19 9/20/2022 C. The Commercoal GaRRabis OperatiRg .. exeGuted by the City M satisfactory to the Executive DireGtor of PlaRRiRg and - uildiRg and the Got OperatiRg Agreem aR approved GOMMerGial Cannabis Business CommunityBenefits,• Business Practices.• Social E*uitvPlan Re#uired. 1. Effective January 1, 2024, all commercial cannabis businesses operating in the City shall be required to provide community benefits through a Community Benefits, Sustainable Business Practices, and Social Equity Plan ("Plan") that promotes health and sustainability of the community in a format acceptable by the Executive Director of the Planning and Building Agency or his or her designee as reviewed and verified from time to time as a component of issuance of a regulatory safety permit (RSP). By January 1, 2025, all such Plans shall contain provisions for social equity obligations, as per the approved format established by the City. 2. The Plan shall document each of the business's commitment to local hiring, local sourcing, community engagement and contributions, sustainable business practices, and consideration of social equity goals through paying prevailing wages, hiring from disadvantaged communities, supporting local non-profit organizations (NPOs), and job and skills training. The Plan shall quantify the value of each commitment therein. 3. Documentation of fulfillment of the aforementioned Plan shall be submitted to the Code Enforcement Division on an annual basis, including as part of a renewal application for an RSP during the annual renewal process. Said documentation shall detail said business's satisfaction of its commitments and shall be evaluated for satisfaction by the Executive Director of the Planning and Building Agency or his or her designee. Failure to provide the requested documentation shall result in a suspension or revocation of an RSP, delay or denial of an RSP renewal application, as applicable. 4. The Planning and Building Agency may enforce these provisions pursuant to Section 40-12 of this Chapter, including issuance of warnings, citations, and fines as authorized by the Santa Ana Municipal Code, and suspension and revocation, to enforce the commitments in each Plan. Sec. 40-2. Definitions. The definitions are incorporated herein as fully set forth and are applicable to this article. All definitions are intended to comply with those set forth by the State of California for all commercial cannabis business activities. Ordinance No. NS-XXX Page 5 of 66 City Council 25 — 20 9/20/2022 1. "Applicant" means a person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a commercial cannabis business. "Adult -Use" means 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. 3. "Adult -Use Cannabis Retailer Operating Agreement" or "Operating Agreement" means the agreement entered into by and between the City and the commercial cannabis business operator which will specify terms for local hiring and sourcing, community benefit plans, and fees to compensate for authorized impacts on City services. 4. "Adult -Use cannabis retail business" means an Adult -Use retail business that obtains a Regulatory Safety Permit and engages in the delivery or sale of Adult -Use cannabis, or an Adult -Use cannabis product, except as related Business and Professions Code Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as amended from time to time, excepting medicinal cannabis retail. 5. "Authorized City of Santa Ana representative" means any police officer, city employee, contractor or agent of the city designated by the director of any city department which has the authority and responsibility to enforce provisions as set forth in this article. 6. "Business owner" means any of the following: a) A person with an aggregate ownership interest of twenty (20) percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. b) The chief executive officer of a nonprofit or other entity. c) A member of the board of directors of a nonprofit. d) An individual who will be participating in the direction, control, or management of the person applying for a license. 7. "Cannabis" or "cannabis product" means all parts of the Cannabis sativa Linnaeus, Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" Ordinance No. NS-XXX Page 6 of 66 City Council 25 — 21 9/20/2022 does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. 8. "City" means the City of Santa Ana, a charter city and municipal corporation. 9. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for this Chapter. Permitted commercial cannabis activities are listed in Land Use Table 40-5 of this Chapter and are allowed in the Commercial Cannabis Eligible Areas Map as adopted and modified from time to time by resolution of the City Council. 10. "Commercial cannabis business" means a business that obtains a Regulatory Safety Permit and engages in the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, distribution, delivery, or sale of adult -use cannabis, medicinal cannabis or an adult -use cannabis or medicinal cannabis product, except as related Business and Professions Code Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as amended from time to time. 11. "Cultivation" means to plant, grow, harvest, dry, cure, grade or trim cannabis, as defined by California Business and Professional Code Section 26001, as amended from time to time. 12. "Customer" means a natural person twenty-one (21) years of age or over. 13. "Delivery" means the commercial transfer of cannabis or cannabis products from a retail cannabis business to a customer up to an amount determined to be authorized by the State of California, or any of its departments or divisions. "Delivery" also includes the use by a retail cannabis business of any technology platform owned, controlled, and/or licensed by the retail cannabis business, or independently licensed by the State of California under the State law (as amended from time to time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed retail cannabis business of cannabis or cannabis products. For the purposes of this article, "delivery" does not include distribution or purchase of cannabis from a licensed cultivator, and cannabis products from a licensed manufacturer, for sale to a licensed cannabis retail business. 14. "Delivery employee" means an individual employed by a licensed retail cannabis business who delivers cannabis goods from the permitted retail premises to a customer at a physical address. 15. "Display" means cannabis goods that are stored in the licensed retail business during the hours of operation. 16. "Distribution" means the procurement, sale, and transport of cannabis or cannabis products between Licensees. Ordinance No. NS-XXX Page 7 of 66 City Council 25 — 22 9/20/2022 17. "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. 18. "Free sample" means any amount of commercial cannabis goods provided to a purchaser of cannabis without cost or payment or exchange of any other thing of value. 19. "Labor Peace Agreement" means a legally binding agreement between an employer and a bona fide labor organization in which the employer agrees to remain neutral in the event its employees wish to unionize, as described more fully in Business and Professions Code 26001(z), as amended from time to time. For the purposes of this Chapter, a "Bona Fide Labor Organization" means any organization or any agency or employee representation committee or any local unit thereof in which employees participate, and exists for the purpose, in whole or in part, of working with employers concerning grievances, labor disputes, wages, hours of employment or conditions of work, which labor organization is not found to be or to have been financed in whole or in part, interfered with, dominated or controlled by the employer or any employer association. 20. "License/Licensee" means a license issued by the State and includes both an A - license (Adult -Use) and an M-license (Medicinal), and the holder of such license. 21. "Manufacturer" means a Licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. 22. "Manufacturing" means all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products. Manufacturing also includes any processing, preparing, propagating, holding, or storing of components and ingredients. 22.5. "Shared Manufacturing" means manufacturers who work in a shared -use facility. Shared -use facilities are places where multiple shared manufacturers engaging in cannabis extraction using butter or cooking oils, infusion, and/or packaging and labeling rotate on a schedule and share space and equipment. All or part of manufacturing premises may be registered as a shared -use facility. 23 "Medicinal cannabis patient" is a person whose physician has recommended the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief. Ordinance No. NS-XXX Page 8 of 66 City Council 25 — 23 9/20/2022 24. "Microbusiness" means a commercial cannabis business that cultivates cannabis on an area less than ten thousand (10,000) square feet and acts as a licensed distributor, Level 1 manufacturer, and retailer. 25. "Nursery" means a commercial cannabis Licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. 26. "Medicinal/medical cannabis" or "Medicinal cannabis product," means 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. Medicinal cannabis retail is regulated by this Chapter 4$ and Chapter 21 of the Santa Ana Municipal Code. 27. "Outdoor cultivation" means the cultivation of cannabis outside a permanent enclosed building. Outdoor cultivation is prohibited within the City of Santa Ana. 28. "Ownership interest" means an interest held by a person who is an owner as defined by State of California commercial cannabis regulations or who has a financial interest in the commercial cannabis business of twenty (20) percent or more. 29. "Package" and "Packaging" means any container or wrapper that may be used for enclosing or containing any cannabis goods for final retail sale. "Package" and "packaging" does not include a shipping container or outer wrapping used solely for the transport of cannabis goods in bulk quantity to a Licensee. 30. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. 31. "Premises" means the designated structure(s) and land specified in the application that are in possession of and used by the applicant or Licensee to conduct the commercial cannabis activity. 32. "Primary Caregiver" has the same meaning as that term is defined in Section 11362.7 of the Health and Safety Code, as amended from time to time. 33. "Private Residence" shall have the same definition as that contained in Health and Safety Code section 11362.2(5) and also means a lawfully established structure, suitable for human occupancy as required by section 17922 and 17958 of the California Health and Safety Code. A recreational vehicle does not constitute a lawfully established structure for the purposes of this article. 34. "Private security officer" has the same meaning as that term as defined in the State of California Business and Professions Code section 7574.01. Ordinance No. NS-XXX Page 9 of 66 City Council 25 — 24 9/20/2022 35. "Purchase" means obtaining cannabis goods in exchange for consideration. 36. "Purchaser" means a person who is engaged in a transaction with a Licensee for purposes of obtaining cannabis goods. 37. "Qualified patient" has the same meaning as such term is defined in California Health and Safety Code section 11362.5, as amended from time to time, and means a person whose physician has recommended the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief. 38. "Responsible person" means any of the following: a) A person who causes a Code violation to occur. b) A person who maintains or allows a Code violation to continue by way of his or her action or failure to act. c) A person whose agent, employee, or independent contractor causes a Code violation by its failure to act. d) A person who is the owner of, and/or a person who is a lessee or sub lessee with the current right of possession of, real property where property -related Code violation occurs. e) A person who is the on -site manager of a business who normally works daily at the site when the business is open and is responsible for the activities of such premises. 39. "Retail business" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination for retail sale, including an establishment that delivers cannabis or cannabis products as part of a retail sale. 39.1. For the purposes of this Chapter, "Consumption lounge" means a facility for the onsite retail sale and consumption or smoking of cannabis or cannabis products that is a licensed premises that is a physical location from which commercial cannabis activities are conducted, as defined by Business and Professions Code Section 26070 as amended from time to time. For the purposes of this definition, "consumption" and "smoking" shall also include inhalation, vaping, and/or ingestion. 39.2. For the purposes of this Chapter, "Temporary Consumption Event" shall mean an event organized by a commercial cannabis retail business that may be single- or multi -day where people can sell and consume cannabis subject to full compliance with local, County, and State licensing requirements. Ordinance No. NS-XXX Page 10 of 66 City Council 25 — 25 9/20/2022 39.3. For the purposes of this Chapter, "Temporary Consumption Festival" shall mean a large-scale event organized and held by the City of Santa Ana that may be single- or multi -day where people can sell and consume cannabis subject to full compliance with local, County, and State licensing requirements. 40. "Regulatory Safety Permit (RSP)" means a permit issued by the City pursuant to this article to a commercial cannabis business. 41. "Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis is transferred from one (1) person to another, and includes the delivery of cannabis goods pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis goods by a Licensee to the Licensee from whom such cannabis goods were purchased. 42. "State" means the State of California. 43. "Testing Facility" or "Testing Laboratory" defined in the Business and Professions Code section 26001, as amended from time to time, means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: a) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; and, b) Licensed by the Bureau of Cannabis Control. 44. "Wholesale" means the sale of cannabis goods to a distributor for resale to one (1) or more retail cannabis businesses. Sec. 40-3. Compliance with state and local licensing requirements. A. Any commercial cannabis business as defined by the State of California and the City of Santa Ana shall operate in conformance with all regulations and standards set forth in this article to assure that the operations of any commercial cannabis business as defined by the State of California and allowed by the City of Santa Ana are in compliance with local and State law and are established to mitigate any adverse secondary effects from its operations. B. Commercial cannabis businesses shall be required to obtain a Regulatory Safety Permit (RSP) from the City of Santa Ana and a State license, and shall comply with any applicable State licensing requirements, such as operational standards and locational criteria. C. Co -location of commercial cannabis businesses proposed on any one (1) site shall occur only if authorized by the State and the City of Santa Ana and only if Ordinance No. NS-XXX Page 11 of 66 City Council 25 — 26 9/20/2022 allowed pursuant to the City's Zoning Code. Any commercial cannabis activity not specifically permitted by this article is prohibited. Sec. 40-4. Maximum number of regulatory safety permits for commercial cannabis retail businesses. A. TweRty (20) total mediGiRal GaRRabis retail bySiResses (as regulated by Article X111 of Chanter 1 S21- all of the medicinal Gannohis retail businesses,) A. The total number of commercial cannabis retail businesses in operation shall be determined based on a figure established by resolution of the City Council. B. In no case shall the maximum number of regulatory safety permits for commercial cannabis retail businesses be less than thirty (30). C. All commercial cannabis retail businesses may sell medicinal and adult -use cannabis. Sec. 40-5. Zoning compliance and regulatory safety permit requirements. Commercial cannabis activities are expressly prohibited in all zones in the City of Santa Ana; however, specific commercial cannabis businesses are allowed in the Industrial windiStFiGtS ("",�,-T-" 2) areas specified on the Commercial Cannabis Eligible Areas Map as adopted by resolution of the City Council. The allowed current permit types are described in Table 40-5 and the City of Santa Ana's zoning ordinance as a requisite for obtaining a Regulatory Safety Permit. No commercial cannabis business may operate in the City of Santa Ana without a Regulatory Safety Permit. This Land Use Table 40-5 shall be used to determine whether a commercial cannabis business is permitted — "P," or not permitted —'X." Any commercial cannabis business in the City of Santa Ana shall also operate in compliance with the City's zoning ordinance. If a Zoning District is not listed in the Land Use Table in this section, then the use is expressly not permitted. City of Santa Ana Municipal Code Table 40-5 Commercial Indication on the Cannabis Commercial Regulatory Land Use A -2 Safety Business Cannabis Eligible Classification Zone permit Activities Use Areas Map Required Type nn„-1 Zone Ordinance No. NS-XXX Page 12 of 66 City Council 25 - 27 9/20/2022 Cultivator/Nursery Indoor only P I-P I Yes Cultivator/Nursery Outdoor or mixed- IX x NA light IndoorAAufdeer — Type 5A (Cultivation; Indoor; Large) Cultivator/Nursery Grows, as defined x P X-P NA Yes and amended by the State, permitted beginning January 1, 2023) Manufacturing (including "shared Manufacturing P R Yes manufacturing") Medicinal Retail Retail Chapter P _P Yes 48) Retail Adult -Use Retail P -P Yes Adult -Use and/or Testing Laboratory Medicinal P R Yes Industrial Distribution �Freight/TransportPP P Yes Microbusiness P - only as part of a vertically- integrated/co- Cultivation/Retail/ in located business Manufacturing/ conformance full Distribution conformance with the requirements of this and Chapter 48. D only as part. of tTcal , integrated/n^_ l business in fell Yes conformance with the requirements -of this artf and Chapter 8-. Ordinance No. NS-XXX Paae 13 of 66 City Council 25 - 28 9/20/2022 Consumption Consumption Lounge, as an Lounge ancillary P component to Retail Sec. 40-6. Location and Separation requirements for all commercial cannabis retail businesses. A. Commercial cannabis businesses may only operate within an area in accordance with the Commercial Cannabis Eligible Areas Map as adopted by resolution of the City Council. B. No commercial cannabis retail business shall be located within five hundred (500) feet of another retail cannabis business, as measured from arimary entrance of the business to primary entrance of the other business. (a) NO GGFRFneFGial Gannabis retail business shall be IE)Gated within eRe theusa (1,000) foot of on"• SGhool 12) defiRed by Section 11362.768 the Health Safety Code; (1) (K as of and r2) Park; ruck; or e 0 Residential on November 4, 2014. (3Existing enespaGe en N . IOGated five (b) a' Gannabis retail business shall be withiR foot of another retail nannabos e Gept for permitter! nn_IOGatien hundred (500) Sec. 40-7. Separat+omuire ientsfer non -retail (cultivation, manufacturing, testing laboratory, and distrabution) commercial cannabis businesses ' Relocation of commercial cannabis retail businesses (medicinal and/or adult -use). (a) Relocation of an existing medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business as defined in this Chanter is permitted within the City of Santa Ana subject to the following: The medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business must hold a valid RSP, business license, and the appropriate State commercial cannabis license, and be operating with all required permits and licenses. For the purposes of this sub -section, "operating" means a medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business currentiv holdina a valid RSP and Santa Ana business license. Ordinance No. NS-XXX Page 14 of 66 City Council 25 — 29 9/20/2022 The existing RSP holder and existing location must be in good standing, including but not limited to full compliance with all requirements of the Santa Ana Municipal Code, no active code enforcement and/or building safety violations, no violations of regulations imposed by the State of California and County of Orange, and have no outstanding business license fees and taxes, except those subject to and performing under a Finance and Management Services Agency approved payment plan agreement. An application to relocate to a proposed new location may be filed after October 1, 2023. The proposed new location of the medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business is in full compliance with the zoning and separation requirements for commercial cannabis retail businesses as outlined in Sections 40-5 and 40-6 of the Santa Ana Municipal Code. The proposed new location of the medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business must comply with separation requirements of this Chapter except that the proposed new location must also satisfy said separation requirements from any location identified on the Qualified Registration Applicant List ("Waitlist"), as defined in Section 40-104 of this chapter and from any entity selected during the City's evaluative process in 2018. Any operating medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business wishing to relocate shall be required to concurrently: (1) File an application for an RSP by and (2) Submit all required construction plans for plan check by the City, subject to the requirements of this Chapter and other applicable chapters of the Santa Ana Municipal Code, and operate within 180 days of construction permit issuance. An extension may be issued for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. (c) Upon issuance of the RSP for the new location, the previous location's RSP and certificate of occuaancv immediatelv becomes null and void and the location must cease to operate. Within 60 days of issuance of the RSP for the new location, the applicant must provide the City documentation demonstrating that any State -issued commercial cannabis retailer license associated with the previous location has been cancelled, rescinded, or updated to reflect the new location. Ordinance No. NS-XXX Page 15 of 66 City Council 25 — 30 9/20/2022 Sec. 40-8. General provisions for commercial cannabis activities in the City of Santa Ana. 1. Regulatory Safety Permit Required. a. Each commercial cannabis business shall obtain a Regulatory Safety Permit (RSP) specific to the business activity or activities defined by the State pertaining to that activity. The only allowed current activity types pursuant to this article are for commercial cannabis retail sales and cultivation, distribution, manufacturing, and testing laboratories/facilities. Co -location is permitted pursuant to Section 40-9.34. b. It shall be unlawful for any person, as defined by this ordinance, to engage in, conduct or carry on, in or upon any premises within the City of Santa Ana any commercial cannabis business without a RSP. A commercial cannabis business shall register and obtain a RSP from the City of Santa Ana prior to operation. The RSP applicant shall pay an annual non-refundable application fee in an amount established by the City Council. c. A copy of the RSP shall be displayed at all times in a place visible to the public. d. A RSP shall be valid for a period of one (1) year from the date of issuance, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business for more than the above -referenced period. 2. Maintenance of Records and Reporting. All records shall be maintained by the commercial cannabis business for a period of five (5) years and shall be made available by the commercial cannabis business to an authorized City of Santa Ana representative upon request. If they are not produced as requested, the City may seek a search warrant, subpoena, or court order. In addition to all other formats that the commercial cannabis business may maintain, these records shall be stored by the business at the location in a printed format in a fireproof safe or filing cabinet. Any loss, damage or destruction of the records shall be reported to the Police Department within twenty-four (24) hours of the loss, destruction or damage. a. The business shall obtain and maintain a valid Seller's Permit from the State Beard of Eq alizCalifornia Department of Tax and Fee Administration (CDTFA). b. Financial records include, but are not limited to: bank statements, sales invoices, receipts, tax records, and all records required by the GalifEWRia State Bear EqualizatieR CDTFA under Title 18 California Code of Regulations section 1968. Ordinance No. NS-XXX Page 16 of 66 City Council 25 — 31 9/20/2022 c. Personnel records, including each employee's full name, address, phone number, social security, or individual tax payer identification number, date of beginning employment, and date of termination of employment if applicable. d. Training records, including, but not limited to, the content of the training provided and the names of the employees that received the training. e. Contracts with other businesses regarding commercial cannabis business activity. f. Permits, licenses, and other local authorizations to conduct the commercial cannabis business activity. g. Security records, as outlined in the Operational Standards for All Commercial Cannabis Business Activities. h. Proof of building ownership or landlord letter acknowledging business type. i. Proof of insurance. 3. Operational Standards for All Commercial Cannabis Business Activities. a. The location, interior and exterior, shall be monitored at all times by web -based closed circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location. The recordings shall be maintained unaltered in a secure location for a period of not less than ninety (90) days. The Police Department may request the recordings in connection with an investigation. b. All controlled access areas, security rooms and all points of ingress/egress to limited access areas and all point of sale (POS) areas shall have fixed camera coverage capable of identifying activity occurring within a minimum of twenty (20) feet. c. The surveillance system storage device or cameras shall be transmission control protocol/TCP capable of being accessed through the internet by the police department or their designee on request. d. If applicable, the applicant shall conduct and pay for any required CEQA reviews and analyses, and pay for all costs, including those of the City, associated with project review under CEQA. e. Commercial cannabis businesses shall create and maintain an active account within the State's track and trace system prior to commencing any commercial cannabis retail activity. In the event of system failure, the business shall keep a hard copy record and transfer the information to the track and trace system within twenty-four (24) hours of the system being available. Ordinance No. NS-XXX Page 17 of 66 City Council 25 — 32 9/20/2022 f. No physical modification of the licensed premises is allowed without written prior permission by the City of Santa Ana and payment of any additional fees required by the City. g. Commercial cannabis business businesses shall provide adequate off-street parking and comply with the City of Santa Ana Municipal Code parking requirements in order to service customers without causing negative impact. h. The commercial cannabis business shall provide adequate disabled access parking per the requirements in the California Building Code. i. The commercial cannabis business shall minimize nuisances such as trash, litter, and graffiti. j. Any and all signage, packaging, and facilities shall not be "attractive," as it is defined by the State, to minors. k. Commercial cannabis business facilities shall be required to provide an air treatment system that ensures off -site odors shall not result from its operations. This requirement at a minimum means that the facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights -of -way, or within any other unit located within the same building as the facility if the use occupies only a portion of a building. I. The commercial cannabis business shall comply with all State regulations regarding: i. Testing, labeling and storage of all cannabis products. ii. Use of appropriate weighing devices. iii. Electrical and plumbing regulations subject to periodic and unannounced inspections to ensure compliance. iv. State deadlines for applying for a State license and receiving a State license within six (6) months after the date the State begins issuing licenses. This may be waived if the State has longer delays in issuing licenses of the type the commercial cannabis business seeks. m. The commercial cannabis business shall maintain a comprehensive general liability combined single occurrence insurance policy issued by an "A" rated insurance carrier in an amount no less than two million dollars ($2,000,000.00), with primary coverage, naming the City of Santa Ana as additional insured. n. No free samples of any cannabis or cannabis product may be distributed at any time. Ordinance No. NS-XXX Page 18 of 66 City Council 25 — 33 9/20/2022 o. Badges shall be worn by any individuals as required to do so pursuant to A -I collective shall display a lamiRated aR badge at least twe (2) OR by two (2) iR.Ghos in silo the California Code of Regulations, Title 4, Section 15043 and California Business and Professions Code Section 7582.28, as amended from time to time., sued by the City. badges at a minima im shaI�T ide the employee's first and last name, date of most re�� Love CGan expiration of Trr�-arra--a�a azc-vr�rrvac-r �-r,-c�cprrcr cc-vr io CGan results one year F rind), and aG010F photo f the employee that shows the fullTt of the employee's faGe p. All private security officers acting for or employed by a commercial cannabis business shall be licensed by the State and issued a security/patrol services business license from the City of Santa Ana. q. The commercial cannabis business shall have a centrally monitored fire and burglar alarm system which shall include all perimeter entry points and perimeter windows and the building or portion of the building where the business is located shall contain a fireproof safe or fireproof filing cabinet and include a safety and security plan. r. The commercial cannabis business shall ensure a licensed alarm company operator or one (1) or more of its registered alarm agents installs, maintains, monitors and responds to the alarm system. The alarm company shall obtain a City of Santa Ana business license. s. The commercial cannabis business shall provide the name and phone number of an on -site staff person to the police department and the Code Enforcement Division of the Planning and Building Agency for notification if there are operational problems with the establishment. t. The commercial cannabis business must obtain and maintain a valid City business license at all times as a condition for receiving, renewing, and maintaining its regulatory safety permit. u. Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. v. For any commercial cannabis business with two (2) or more employees, the business owner shall attest that he/she has entered into a labor peace agreement and provide a copy of the agreement to the City. wear a visible photo ID at all tomes during working heurs. Owners, eperaters, ernpleyees, managers or velunte Ordinance No. NS-XXX Page 19 of 66 City Council 25 — 34 9/20/2022 misdemeaRer drug Gharge withiR the past four (4) years; ROr shall they be a per Safety Code seGtiOR 11590 Any individual with an ownership interest shall complete a live scan and submit the results to the City. x. All signage for the commercial cannabis business must comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. y. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. 4. Additional Operational Standards for Adult Use Cannabis Retail Business. a. At all times the Adult Use cannabis retail business is open, it shall provide at least one (1) private security guard who is licensed, possesses a valid Department of Consumer Affairs "security guard card," and has a valid business license from the City of Santa Ana as a security/private patrol service. b. The private security guard and adult e retail cannabis business personnel shall monitor the site and the immediate vicinity of the site to ensure that patrons immediately leave the site and do not consume cannabis in the vicinity of the retail business or on the property or in the parking lot. c. Exterior signage shall comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. Interior signage or advertising may not be visible from the exterior. Retail cannabis businesses must comply with the advertising and marketing provisions of Business and Professions Code §§ 26150-26155. d. There shall be no on -site sales of alcohol or tobacco products, (excluding rolling papers and lighters) and no on -site consumption of alcohol or tobacco by patrons. Food may not be consumed on site, except as permitted by Section 40-8 (10) of this chapter. e. Hours of operation shall be limited to: 7:00 a.m. to 10:00 11:00 p.m. daily. No licensed retail business shall be open to the public between the hours of 10:01 11:01 p.m. and 6:59 a.m. of any day. f. The Adult Use cannabis retail business shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: Secondary sale, barter or distribution of adult -use cannabis is a crime and can lead to arrest. ii. That loitering on and around the retail site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the retail site or on the property or in the parking lot. Ordinance No. NS-XXX Page 20 of 66 City Council 25 — 35 9/20/2022 iii. A warning that patrons and/or employees may be subject to prosecution under federal cannabis laws. iv. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery. g. No one under the age of twenty-one (21) shall be allowed to enter an Adult Use cannabis retail facility unless the licensed d �i, � t Use cannabis facility holds a medicinal use cannabis RSP issued by the City and retail license issued by the State, and the licensed premises for the use cannabis license and medicinal cannabis license are the same in accordance with Business and Professions Code section 26140. h. If non -cannabis food is distributed, the retail business shall comply with all relevant State laws, County and City ordinances pertaining to the preparation, distribution and sale of food. All Adult Use cannabis retail businesses shall establish and implement a program to incentivize the recycling of used containers. Failure to establish and implement a program to incentivize the recycling of used containers will result in a violation of the terms of the required commercial cannabis Operating Agreement requiring sustainable building or business practices. j Adult Use -_ Cannabis retail businesses shall also record on the video surveillance system point -of -sale areas and areas where cannabis goods are displayed for sale. k. Adequate signage shall clearly state who has inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location. I. Shipments of cannabis goods may only be accepted during regular business hours. m. Inventory shall be secured using a lockable storage system during non -business hours. n. No cannabis product shall be visible from the exterior of the business. o. All required labelling shall be maintained on all product, as required by State law, at all times. p. Educational tours of use retail cannabis businesses shall be allowed. q. A permitted commercial cannabis retail business shall have one hundred eighty (180) days after construction permit issuance by the City of Santa Ana to operate. A permitted commercial cannabis retail business that ceases to operate for more than ninety (90) calendar days shall be deemed "abandoned" and the permit shall be forfeited. A permitted commercial cannabis business may temporarily suspend Ordinance No. NS-XXX Page 21 of 66 City Council 25 — 36 9/20/2022 operations for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. For the purposes of this section, "operate" shall mean that the gross receipts fees charged for the business exceed the fee per square foot calculations by the end of the one hundred eighty (180) day period. A pending commercial cannabis retail business shall be required to concurrently: (1) File an application for an RSP and (2) Obtain all required construction permits for the facility from the City within six months of the effective date of this ordinance, subject to the requirements of this Chapter and other applicable chapters of the Santa Ana Municipal Code, and open within 180 days of construction permit issuance. An extension may be issued for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. Failure to satisfy these requirements by that deadline will disqualify the applicant from the RSP Eligibility List and the Waitlist described in Article II of this Chapter. Relocation is permitted pursuant to Section 40-7 of this Chapter. {+A licensee that is authorized to conduct medicinal and/or adult -use retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any State compassionate use, equity, or other similar program in accordance with Section 26071 to the Business and Professions Code. s. Subject to approval of an operations plan by the Executive Director of the Planning and Building Agency, the opening of cannabis packages and demonstration of cannabis products at a commercial cannabis retail business is permitted for educational purposes without establishment of a consumption lounge, subject to the following requirements: i. The maximum amount of cannabis product which may be consumed in such a settina is one-half (1/2) of one aram. ii. There shall be a separate room dedicated for such purposes. Activities in said dedicated room shall be limited to the opening of packages, use demonstration, and consumption for consumer education purposes, by the consumer only. The dedicated room shall be limited to 100 square feet maximum size, shall be included as part of the facility's ventilation and odor control methods, and shall be monitored usina video surveillance systems. iv. Such activities shall be subject to an administrative permit issued by the Planning and Building Agency. As part of the permit application, the applicant shall include administrative policies ensuring the opening of Ordinance No. NS-XXX Page 22 of 66 City Council 25 — 37 9/20/2022 packages, demonstration and education, and limited consumption are restricted to the room and for ensuring such activities do not pose a threat to the health, safety, and welfare of other consumers, employees of the business, and visitors to the surrounding area. 5. Additional Operational Standards for Commercial Cannabis Retail Delivery Services. a. Commercial cannabis retail deliveries may be made only from a commercial cannabis retail business permitted by the City in compliance with this article, and in compliance with all State regulations. b. All employees who deliver cannabis shall have valid identification and a copy of the commercial cannabis retail business' Regulatory Safety Permit and State license at all times while making deliveries. c. All commercial cannabis retail businesses shall maintain proof of vehicle insurance for any and all vehicles being used to transport cannabis goods as required by State law. d. Deliveries may only take place during normal business hours of the commercial cannabis retail business. e. During delivery, the delivery employee shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the licensing authority and law enforcement officers. The delivery request documentation shall comply with State law. f. A licensed delivery employee shall not leave the State of California while possessing cannabis products. g. A commercial cannabis retail business shall maintain a list of all deliveries, including the address delivered to, the amount and type of product delivered, and any other information required by the State. h. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours. i. Any delivery method shall be made in compliance with State law, as amended, including use of a vehicle that has a dedicated GPS device for identifying the location of the vehicle (cell phones and tablets are not sufficient). j. Each delivery request shall have a receipt prepared by the commercial cannabis retail business with the following information: Name and address of the commercial cannabis retail business. ii. The name of the employee who delivered the order. Ordinance No. NS-XXX Page 23 of 66 City Council 25 — 38 9/20/2022 iii. The date and time the delivery request was made. iv. The complete delivery addresses. V. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested. vi. The total amount paid for the delivery including any fees or taxes. k. At the time of the delivery, the date and time delivery was made, and the signature of the person who received the delivery. I. No cannabis delivery vehicle shall display signs, decals or any other form of advertisement with the exception of a maximum four -inch by four -inch decal. m. Inspections by an authorized City of Santa Ana representative may be conducted anytime during regular business hours. 6. Additional Operational Standards for Commercial Cannabis Testing Facilities or Laboratories. a. A licensed cannabis testing facility or laboratory business, its owners and employees may not hold an interest in any other cannabis business except another testing laboratory business. b. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. c. Educational tours of cannabis testing facility/laboratory businesses shall be allowed. 7. Additional Operational Standards for Commercial Cannabis Manufacturing Facilities. a. A licensed commercial cannabis manufacturing facility may conduct all activities permitted by the State. This includes, but is not limited to: extractions, repackaging and relabeling, infusions and extractions. b. Any manufacturing that will be conducted by the commercial cannabis business shall be included on the application. No additional manufacturing activity can be conducted without notifying the Executive Director of the Planning and Building Agency or his or her designee, after which a determination will be made if the new activity may commence with or without modification to the RSP or if a new RSP is required. c. At all times, the commercial cannabis manufacturing facility will be compliant with all State regulations for cannabis manufacturing including Health and Safety Code § 11362.775, as amended from time to time. Signage shall be posted regarding the type(s) of chemicals being used at the manufacturing facility. Ordinance No. NS-XXX Page 24 of 66 City Council 25 — 39 9/20/2022 d. Cannabis manufacturing facilities shall not contain an exhibition or product sales area or allow for retail distribution of products at that location unless the facility is co -located with an approved commercial cannabis retail business with a RSP. e. Extraction equipment and extraction process utilizing hydrocarbon solvents shall be located in a room or area dedicated to extraction. f. All commercial cannabis manufacturing/processing facilities shall comply with any and all applicable safety guidelines adopted by the Orange County Fire Authority, the State of California, and/or the City of Santa Ana for cannabis plant processing and extraction. 8. Additional Operational Standards for Indoor Commercial Cannabis Cultivation Facilities. a. There shall be no exterior evidence of cannabis cultivation from a public right-of- way. b. The Building Official may require additional specific standards to meet the California Building Code and Fire Code, including, but not limited to, installation of fire suppression sprinklers. c. Compliance with Section 13149 of Water Code as enforced by the State Water Resources Control Board is required. d. All commercial cannabis cultivation facilities shall comply with any and all applicable safety guidelines adopted by the Orange County Fire Authority, the State of California, and/or the City of Santa Ana for cannabis carbon dioxide enrichment systems. e. Cannabis cultivation facilities shall not contain an exhibition or product sales area or allow for retail distribution of products at that location unless the facility is co - located with an approved commercial cannabis retail business with a RSP. 9. Additional Operational Standards for Commercial Cannabis Distribution Facilities. a. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. b. A distributor shall ensure that all cannabis goods stored in compliance with all applicable State regulations to ensure conformance to any and all applicable Track and Trace systems required by the State. c. Employee breakrooms, eating areas, changing facilities, locker rooms and bathrooms shall be completely separated from the storage areas. 10. Additional Operational Standards for Consumption Lounges and Onsite Cannabis Consumption. Ordinance No. NS-XXX Page 25 of 66 City Council 25 — 40 9/20/2022 a. Inspections by an authorized Citv of Santa Ana representative may be conducted anytime during the business's regular business hours. b. Consumption lounges are permitted as an ancillary use to a commercial cannabis medicinal or adult -use retail business. c. Consumption lounges must be on the same site as and physically contiguous to a commercial cannabis retail business. d. All retail sales transactions for the purposes of onsite consumption shall be conducted using point -of -sales equipment and reported separately in a format satisfactory to the Executive Director of the Finance and Management Services Agency. e. Two (2) parking spaces per 1,000 square feet of gross building square footage shall be provided for anv buildina expansion constructed for a consumption lounge. f. Consumption lounges shall be designed such that a patron need not enter a consumption lounge in order to access a retail -only portion of the facility. There shall be no connection between a consumption lounge and another tenant suite. g_ Medicinal or adult -use cannabis and cannabis products may be sold on the premises of a consumption lounge, subject to the following: i. The operator must hold a valid adult -use and/or medicinal retail business RSP. ii. Products shall be sold for on -site consumption only. Products may not be sold for off -site consumption. All cannabis products purchased and opened at the facility must be smoked or consumed on site and shall not be permitted to leave the facilitv unless in a resealed Dackaae that meets all State guidelines. iii. All products consumed or smoked on premises shall be sold at the consumption lounge. Operators shall not permit patrons to bring their own personal cannabis or cannabis products to the consumption lounge. h. Outdoor smoking is permitted with the installation of odor -control mechanisms as reviewed and approved by the Planning and Building Agency. i. Food may be consumed in the consumption lounge; however, the sale or consumption of alcohol or tobacco products is prohibited. L Access to the consumption lounge shall be restricted to persons twenty-one (21) years of age or older, or as allowed by State law. Ordinance No. NS-XXX Page 26 of 66 City Council 25 — 41 9/20/2022 k. The consumption or smoking of cannabis products shall not be visible from any public place, public right-of-way, or area where minors may be present. If the consumption lounge contains an outdoor area, the outdoor area shall be oriented so as to eliminate visibility from any adjacent public place, public right- of-way, area where minors may be present, or adjacent business, tenant space, or building. I. Commercial cannabis consumption lounges shall be required to provide an air treatment system that ensures off -site odors shall not result from its operations. The facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights -of -way, or within any other unit located within the same building as the facility if the use occupies only a portion of a building_ m. Odor control resaonse. i. Within twenty-four (24) hours of any complaint concerning odors emanating from or originating at the facility, the operator shall respond to the complaint in question and shall timely file a written disclosure to the Planning and Building Agency documenting any and all actions taken and planned to address the odor complaint(s). The City, upon determination of the continued existing of detectable odor from the facility, may require an operator to submit an implementation plan and/or a performance schedule, above and beyond this written disclosure filed within twenty-four (24,) hours, to ensure the employment of measures to control the odor. ii. The Executive Director of the Planning and Building Agency shall have the authority to require an operator of a consumption lounge to amend any implementation plan and/or performance schedule submitted pursuant to this sub -section to cause compliance herewith. Anv failure to timelv submit a written disclosure. a more detailed implementation plan and/or performance schedule or amendment thereto, to timely adhere to terms of either, or to complete any required improvements within the timeframe specified by the Executive Director of the Plannina and Buildina Aaencv shall be arounds for revocation of the ZROW iv. Odors from a consumption lounae are identified as a aublic nuisance pursuant to the Santa Ana Municipal Code. The City may pursue all administrative, civil, and criminal remedies available in relation to any nuisance determined to exist with respect to the operation of a consumption lounae in violation of this sub -section. Ordinance No. NS-XXX Page 27 of 66 City Council 25 — 42 9/20/2022 V. All consumption lounges shall be equipped with point -of -sale or similar equipment to distinguish sales of products made for onsite consumption from sales of retail products for offsite consumption. 11. Additional Operational Standards for Temporary Consumption Events and Temporary Consumption Festivals. a. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the event. b. All retail sales transactions for the purposes of onsite consumption during a temporary consumption event shall be conducted using point -of -sales equipment and reported separately in a format satisfactory to the Executive Director of the Finance and Management Services Agency. c. Temporary Consumption Festivals. i. Temporary consumption festivals may be held on public or private Property as approved by the City. ii. Temporary consumption festivals may only be organized and held by the City of Santa Ana. iii. Temporary consumption festivals are subject to all applicable standards promulgated by this Chapter for temporary consumption events. d. Temoorary consumption events are Dermitted as an ancillary use to each commercial cannabis medicinal or adult -use retail business, subject to review and approval of a Land Use Certificate (LUC), pursuant to Section 41-675 through 41-677 of the Santa Ana Municipal Code, and verification of any applicable required valid business licenses required pursuant to Chapter 21, Articles XI I and X111 of this Code. The number of temporary consumption events Dermissible Der business Der calendar vear is subiect to establishment by resolution of the Citv Council. e. Live entertainment may be provided only in conjunction with an approved LUC. f. Applications for temporary consumption event LUCs must be submitted at least 45 days prior to the event date. g_ Applicant(s) for a temporary consumption event must provide a copy of all final application materials submitted to the State of California pursuant to California Code of Reaulations Section 15002.1 (Temporary Cannabis Event ADDlication) as amended from time to time. h. The event shall last no longer than 48 hours and in all cases shall begin no earlier than 8:00 a.m. and end no later than 10:00 D.m. The duration of setuD Ordinance No. NS-XXX Page 28 of 66 City Council 25 — 43 9/20/2022 and dismantling activities associated with the event shall be specified on the LUC application. i. Location. Temporary consumption events must be on the same site as a commercial cannabis medicinal or adult -use retail business. L Medicinal or adult -use cannabis and cannabis products may be sold on the premises during temporary consumption events, subject to the following: i. The operator must hold a valid adult -use and/or medicinal retail business RSP. ii. Products shall be sold for on -site consumption only. All unconsumed cannabis products purchased and opened at the facility must be resealed prior to leaving the facility. iii. All products consumed or smoked on premises shall be sold at the facility. Operators shall not permit patrons to bring their own personal cannabis or cannabis products to the event. k. Outdoor smoking is permitted with the installation of odor -control mechanisms as reviewed and approved by the Planning and Building Agency. I. Food may be consumed; however, the sale or consumption of alcohol or tobacco aroducts on the premises is prohibited. m. Access to the temporary consumption and/or special event shall be restricted to persons twenty-one (21) years of age or older. n. The consumption or smoking of cannabis products shall not be visible from any public right-of-way or area where minors may be present. If the temporary consumption event takes place in an outdoor area, the outdoor area shall be oriented to eliminate visibility from any adjacent public place, public right-of- way, area where minors may be present, or adjacent business, tenant space, or building, and shall be oriented to minimize odor intrusion onto adjacent tenant spaces and properties. o. All events shall be required to provide an air treatment system that ensures off - site odors shall not result from its operations. The site shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights -of -way, or within any other unit located within the same building as the facility if the use occupies only a portion of a building. Outdoor smoking, including vaping and the use of other electronic inhalation devices, must take place within ventilated enclosures subject to the satisfaction of the Planning and Building Agency and Orange County Fire Authority. Ordinance No. NS-XXX Page 29 of 66 City Council 25 — 44 9/20/2022 p. Odor control response. i. Odors from a temporary consumption event are identified as a public nuisance pursuant to the Santa Ana Municipal Code. The City may pursue all administrative, civil, and criminal remedies available in relation to any nuisance determined to exist with respect to the operation of a consumption lounae in violation of this Chapter. ii. Upon receipt of any complaint concerning odors emanating from or originating at the temporary consumption event, the Planning and Building Agency may suspend or revoke the LUC. q. All temporary consumption events shall be equipped with point -of -sale or similar equipment to distinguish sales of products made for onsite consumption from sales of retail products for offsite consumption. Sec. 40-9. Commercial cannabis selection process. 1. Commercial Cannabis — Registration Application and Regulatory Safety Permit Required. a. For applicants prior to January 1, 2018: Existing medicinal cannabis business operators, or those with pending applications for a medicinal RSP, who desire to operate an adult cannabis retail business shall apply for the cannabis Regulatory Safety Permit ("RSP") on or before December 14, 2017. The Director of Planning and Building shall review such application and issue the RSP, without consideration of the merit based point system, so long as they satisfy all other requirements of this Chapter aFtiGle ` Rd Chapter 18. b. The Regulatory Safety Permit ("RSP") selection process will be conducted in two (2) phases, Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application). Registration Applications will be reviewed by the Director of Planning and Building or designees(s) for completeness and compliance, and if eligible, will be notified in writing to enter pfaGe d ^n the "Regulatery Safetypo�i ("'�rEi^ih y L��and 8Rtered-into the Phase 2 Regulatory Safety 1 Permit Application process. In Phase 2, the City of Santa Ana has established a merit based point system for adult -use commercial cannabis retail businesses to objectively award permits as described in the Regulatory Safety Permit Application. 2. Phase 1 — Registration Application. a. Following the adoption of this article, the Director of Planning and Building shall prepare commercial cannabis business registration application forms and a related administrative policy. Each commercial cannabis business interested in operating Ordinance No. NS-XXX Page 30 of 66 City Council 25 - 45 9/20/2022 pursuant to this article may submit an application together with a non-refundable processing fee in an amount established by the City Council. b. The Registration Application period shall be thirty (30) calendar days from the date the applications are released. Following the application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 1. Each application that is complete and in compliance with the application requirements in Phase 1 shall be plaGed on th - "RSP Eligibility Lost" and shall be notified in writing whether they are a "RSP Eligible Applicant" or not. Each complete and compliant applicant on the RSP Eligibility List may then choose to file an application for a RSP in Phase 2. c. The requirements for Phase 1 include, but are not limited to: i. All application documents required in the City's Phase 1 Registration Application package. ii. Application was submitted during the application period. iii. Application forms are filled out completely. iv. Phase 1 application fee is paid. V. A signed statement that the proposed location of the commercial cannabis business on the application meets the zoning criteria established in this article including, but not limited to, any and all sensitive use separation criteria required by this article. vi. Proof of site control for commercial cannabis retail businesses submitting Phase 1 applications on or after July 1, 2018. d. The Director of PlanRiRg and BuildiRg er his or her desigRee(s) shall determine whether each application demonstrates GOMpliance with the MiRiMl requi—n—ts (above) and be plaGed on the RSP Eligibility Lost and entered the Dhow `i application and review PrOGesc {e}d. The Director of Planning and Building or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified in writing of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 3. Phase 2 — Regulatory Safety Permit Application. a. Each complete and compliant applicant identified ^^ the RSP Eligibility Lost may choose to complete and file a RSP application to the Director of Planning and Building. The application shall be filed together with a nonrefundable fee as Ordinance No. NS-XXX Page 31 of 66 City Council 25 — 46 9/20/2022 established by resolution of the City Council, to defray the cost of investigation required by this article. b. The RSP application period shall be open for thirty (30) calendar days and may run concurrently with the Phase 1 review period. Following the RSP application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 2. c. The Director of Planning and Building or designee(s) will review all application documents required in the City's Phase 2 application package plus the additional requirements in subsection (d) below. The Director of Planning and Building or his or her designee(s) will use a merit based point system to review and rank each of applications from the most to the least points and objectively award the top applicants a RSP. A complete description of the merit based point system and all merit based point considerations shall be included with the application forms. d. Phase 2 requirements include, but are not limited to: i. All application documents required in the City's Phase 2 RSP application package. ii. Phase 2 application fee is paid and a comprehensive background check is completed on all owners, employees, %Tteers, managers, security guards, and/or agents. iii. The Building Official or designee has inspected all structures in which the use is located to determine that all applicable standards and requirements are met. If a building permit is required for site improvements, Permit issuance will be deferred until a certificate of occupancy or other building permit approval is issued. Additionally, the Building Official has determined that there are no notices of nuisance or other code compliance issues recorded or on the property. iv. The Planning Manager or designee has issued zoning clearance documenting compliance with the following: a. The use is permitted; b. All land use permits, if any, have been approved and all conditions of approval have been met or are in good standing; and, c. No zoning violations exist on the property. e. The Director of the Planning and Building Agency or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified that business day of the deficiencies. The applicant shall be given an Ordinance No. NS-XXX Page 32 of 66 City Council 25 — 47 9/20/2022 opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 3.1. Commercial Cannabis — Selection Process for New Commercial Cannabis Retail Businesses after January 1, 2023. a. Measure BB Waitlist Entities. The commercial cannabis selection process for new retail licenses available after January 1, 2023 for entities on the Waitlist, as defined by Section 40-104 of this Chapter, is as follows: i. Those entities listed on the Waitlist as defined and set forth in Article II of this Chapter shall be afforded first priority to submit a complete RSP application for a new commercial cannabis retail business. Said RSP application must be submitted no later than March 30, 2023. Failure to submit a complete RSP application by March 30, 2023 shall result in disqualification to obtain an RSP. ii. The RSP application for Waitlisted entities must be for the same location as identified on the Waitlist. The location must comply with the 500-foot separation required by Section 40-6 of this Chapter from any operating or selected entity identified during the Measure BB lottery process, or the City's evaluative process for adult -use retailers in 2018. iii. If there remain additional commercial cannabis retail business permits available after steps i and ii, above, then the City shall open a new window for applications as specified in subsection b, below. b. Entities Selected during the City's 2018 Evaluative Process. The commercial cannabis selection process for new retail licenses available after January 1, 2023 for entities selected during the City's 2018 evaluative process is as follows: i. If there remain additional commercial cannabis retail business permits available after the selection process identified in subsection a, above, then the City shall open a new window for applications as specified below. ii. Those entities scored as part of the City's evaluative process for adult -use retailers in 2018 pursuant to this Chapter may submit an RSP application after May 1, 2023 but no later than June 30, 2023. Failure to submit a complete RSP application by July 31, 2023 shall result in disqualification to obtain an RSP. iii. Applications shall be considered in order of their scoring from the City's evaluative process for adult -use retailers in 2018. Ordinance No. NS-XXX Page 33 of 66 City Council 25 — 48 9/20/2022 iv. The RSP application for those entities scored as part of the City's evaluative process for adult -use retailers in 2018 must be for the same location as identified on each respective application that was scored. The location must comply with the 500-foot separation required by Section 40-6 of this Chapter, from any operating or selected entity identified during the City's evaluative process for adult -use retailers in 2018. c. For those entities listed on the Waitlist and for those entities scored as part of the City's evaluative process for adult -use retailers in 2018, the commercial cannabis retail business shall complete the process to receive all necessary approvals and be operational with sustained business activity no later than one (1) year after submittal of a complete RSP application. An extension of time may be granted by the Executive Director of the Planning and Building Agency on an as -needed basis. d. Failure of those entities listed on the Waitlist and for those entities scored as part of the City's evaluative process for adult -use retailers in 2018 to receive all necessary approvals and be operational with sustained business activity within the specified time period will result in disqualification to obtain an RSP. e. Any additional commercial cannabis retail business permits available after the implementation of steps a. through d. above shall be subject to the selection process identified in Section 40-9 (1),(2), and (3) of this Chapter. -34-3.2 Commercial Cannabis — Registration Application and Regulatory Safety Permit for Additional Commercial Cannabis Business Activities on the Same Premises (Co - Location). a. An existing commercial cannabis business with an RSP may co -locate additional non -retail commercial cannabis business activities (cultivation, distribution, and/or manufacturing) by applying for a new RSP for the additional use(s). The new RSP must meet the all requirements of the Santa Ana Municipal Code except that background checks (live scans) shall only be required for any new staff owners as outlined in Section 40-8. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. b. New or pending RSP applicants wishing to co -locate additional non -retail (cultivation, distribution, and/or manufacturing) uses may submit a new RSP for any of the non -retail commercial cannabis business activities. The additional RSP must meet the all requirements of the RSP except that background checks (live scans) shall only be required for any new staff owners as outlined in Section 40-8. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. Ordinance No. NS-XXX Page 34 of 66 City Council 25 - 49 9/20/2022 c. New commercial cannabis business applicants — co -location. 1. New commercial cannabis retail applicants wishing to co -locate additional non - retail (cultivation, distribution, and/or manufacturing) uses shall submit separate RSPs for the proposed retail activity and another RSP for any of the non -retail (cultivation, distribution, and/or manufacturing) commercial cannabis business activities. Each RSP application will be evaluated independently and must meet any applicable requirements of the RSP as outlined in Sections 40- 8 and 40-9, including, but not limited to, merit evaluation and additional separation requirements for the retail RSP. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. 2. New non -retail commercial cannabis applicants wishing to co -locate additional non -retail (cultivation, distribution, and/or manufacturing) uses may submit a single RSP for the proposed activity or activities. The RSP application must meet any applicable requirements of the RSP as outlined in Sections 40-8 and 40-9. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. 4. Regulatory Safety Permit Annual Renewal. a. Applications for the renewal of a permit shall be filed with the Director of Planning and Building or designee(s) at least sixty (60) calendar days before the expiration of the current permit. Temporary permits will not be issued. Any permittee allowing their permit to lapse or which permit expired during a suspension shall be required to submit a new application, pay the corresponding original application fees and be subject to all aspects of the selection process. b. Any person desiring to obtain a renewal of their respective permit shall file a written application under penalty of perjury on the required form with the Director of Planning and Building or his or her designee(s) who will conduct a review. The application shall be accompanied by a nonrefundable filing fee established by the City Council to defray the cost of the review required by this article. An applicant shall be required to update the information contained in their original permit application and provide any new and/or additional information as may be reasonably required by the Director of Planning and Building or designee(s) in order to determine whether said permit should be renewed based on compliance with all applicable provisions of the Santa Ana Municipal Code. c. Compliance with Section 40-1 (C) to provide for community benefits is required for all commercial cannabis businesses seekina renewal of the RSP. 5. Appeal of Denial of Regulatory Safety Permit/Denial of RSP Renewal. The Executive Director of the Planning and Building Agency or his or her designee(s) will review all Regulatory Safety Permit applications and renewal requests, along with Ordinance No. NS-XXX Page 35 of 66 City Council 25 — 50 9/20/2022 all other relevant information, and determine if a RSP should be granted and/or renewed based on compliance with all applicable provisions of the Santa Ana Municipal Code. If the Executive Director of the Planning and Building Agency ncy G4 M determines that the permit shall not be granted and/or renewed, the reasons for denial shall be provided in writing to the applicant. No such denial shall become effective until the applicant for the regulatory safety permit and/or renewal has been notified in writing by certified mail of the right to appeal the denial decision pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the denial shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Code. Otherwise, the denial shall become effective after the timely appeal period has passed. The matter may be subject to judicial review under the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6. Sec. 40-9.1. Non -retail commercial cannabis business (cultivation, manufacturing, distribution, and testing facility/laboratory) selection process. 1. Non -Retail Commercial Cannabis Businesses — Registration Application (Phase 1) and Regulatory Safety Permit (Phase 2) Required. a. Every Non -Retail Commercial Cannabis Business shall apply for the Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application) in the manner described in Section 40-9, except that the Director of the Planning and Building Agency or his or her designee may accept Phase 1 and Phase 2 applications for a Non -Retail Commercial Cannabis Business concurrently, and shall review such applications and issue the Regulatory Safety Permit Application without consideration of the merit based point system, insofar as the applications satisfy all other requirements of this article and Chapter 18. b. Applications for a Non -Retail Commercial Cannabis Business shall be accepted during normal City Hall business hours and are not subject to the thirty (30) day Phase 1 or Phase 2 application periods. Sec. 40-9.2. Commercial cannabis consumption lounge permitting process. La) After the adoption of this Ordinance, the Executive Director of the Planning and Building Agency shall prepare application forms to evaluate a proposed commercial cannabis consumption lounge. Each commercial cannabis retail business interested in operating a consumption lounge pursuant to this article may submit an RSP application together with a non-refundable processing fee in an amount established by the City Council. The Director or his or her designee shall determine whether each RSP application demonstrates compliance with this article as prescribed by Section 40-9 of this Chapter and notify the applicant of the outcome of the application as either eligible or ineligible. Ordinance No. NS-XXX Page 36 of 66 City Council 25 — 51 9/20/2022 Lcj Qualified Consumption Lounge Applicants shall be notified by the City that they may submit any/all required documentation and plan drawings to complete the City's plan check and permitting process to construct a consumption lounge. Upon notification of eligibility, applicants shall have 180 days to complete the plan check and construction process, and be issued a certificate of occupancy, unless an extension is granted by the Executive Director of the Planning and Building Agency to resolve required building or site upgrades, modifications, repairs, or other property issue mitiaations tied directly to construction of the lounae. Sec. 40-10. Audits - Commercial Cannabis Businesses. Annual audits. No later than September 30 of every year, each licensed commercial cannabis business, except commercial cannabis businesses licensed and operating solely as shared manufacturers, shall be liable to file with the City an independent audit or financial review of its operations of the previous calendar year. Provided, however, that licensed commercial cannabis businesses which operate as microbusiness, or that operate on a vertically or horizontally integrated basis as established in Chapter 21, Article XI I I of this Code, or that are co -located on shared premises may file a consolidated independent audit or financial review. The form and contents of the document shall be specified by the Executive Director of Finance and Management Services, or his or her designee(s). The Executive Director of Finance and Management Services, or his or her designees, may waive this requirement for certain licensed commercial cannabis businesses in accordance with guidelines established by the Finance and Management Services Agency. Sec. 40-11. Inspection and enforcement responsibilities. The Code Enforcement Division of the Planning and Building Agency may enter and inspect the location of any commercial cannabis business between the hours of 7:00 a.m. and 10:00 p.m., or at any reasonable time, to ensure compliance with this article. In addition, any police officer may enter and inspect the location of any commercial cannabis business and the recordings and records maintained as required by this article, except that the inspection and copying of private medical records shall be made available to the police department only pursuant to a properly executed search warrant, subpoena, or court order. It is unlawful for any owner, responsible person, landlord, lessee, member including, but not limited to, a member engaged in the management), or any other person having any responsibility over the operation of the commercial cannabis business to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed-circuit monitoring authorized and required under this article, including, but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring. Sec. 40-12. Violation and enforcement. Ordinance No. NS-XXX Page 37 of 66 City Council 25 — 52 9/20/2022 1. Violation/enforcement. Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, revocation of the commercial cannabis business Regulatory Safety Permit, revocation of the certificate of occupancy for the location, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and State laws for any violations committed by the commercial cannabis business and persons related or associated with the business. 2. Suspension or revocation. When an authorized City of Santa Ana representative finds that any person holding a Regulatory Safety Permit under the provisions of Chapter 40 has violated the provisions of this chapter or is found guilty of conduct which would form the basis of denial of the Regulatory Safety Permit as set forth in ArtiGl e X;„ of this Chapter 48, s/he may revoke or suspend the permit. No such revocation shall become effective until the Regulatory Safety Permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provisions or Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Code. Otherwise, the revocation shall become effective after the timely appeal period has passed. 3. State License Suspension/Revocation. Revocation or suspension of a Licensee's State issued commercial cannabis business permit or license by the State shall constitute a violation of this article and result in revocation of the Licensee's RSP. Sec. 40-13. Transfer of ownership. 1. Upon the transfer of any interest in a commercial cannabis business, the Regulatory Safety Permit shall be null and void. Any person, firm or entity desiring to own and operate the commercial cannabis business shall make a new Regulatory Safety Permit application. Prior to or concurrent with the submission of said application the transferee shall obtain all required business licenses, post all required security deposits, acquire all necessary, certificates, permits or other licenses allowing the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other section of this Code or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. A fee as established by resolution of the City Council shall be payable for each such application involving transfer of any interest in an existing commercial cannabis retail business. The Ordinance No. NS-XXX Page 38 of 66 City Council 25 — 53 9/20/2022 provisions of this section shall apply to any person, firm, or entity applying for a Regulatory Safety Permit for premises previously used as such establishment. 2. Any such transfer of any interest in an existing commercial cannabis business or any application for an extension or expansion of the building or other place of business of the commercial cannabis retail business shall require inspection and compliance with section 40-11 of this article. 3. The owner or operator of a commercial cannabis business shall be responsible for notifying the City of any intention to rename, change management, or convey the business to another person/entity. Notification to the City must be made a minimum of sixty (60) days prior to such transfer. Sec. 40-14. Limitations on the city's liability. To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any Regulatory Safety Permits pursuant to this article or the operation of any commercial cannabis business approved pursuant to this chapter. As a condition of approval of a Regulatory Safety Permit as provided in this chapter, the applicant or its legal representative shall: 1. Execute an agreement indemnifying the City from any claims, damages, injuries or liabilities of any kind associated with the registration or operation of the commercial cannabis business or the prosecution of the applicant or business or its members for violation of federal or State laws; 2. Maintain insurance in the amounts and types that are acceptable to the City Attorney or his or her designee; 3. Name the City as an additionally insured on all City required insurance policies; 4. Agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a Regulatory Safety Permit; and, 5. Agree to indemnify and reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to this ordinance and/or the City's approval of a Regulatory Safety Permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. Sec. 40-15. Fees and taxes. All commercial cannabis businesses shall pay applicable fees and taxes, which shall include one (1) or more of the following: 1. Application Fees. The business owner shall submit a non-refundable fee to cover the cost of processing an application for the commercial cannabis business. These fees Ordinance No. NS-XXX Page 39 of 66 City Council 25 — 54 9/20/2022 may be divided into two (2) fees according to Registration Application Fee (Phase 1) and RSP Application Fee (Phase 2). 2. Regulatory Safety Permit Renewal Fees. The business owner shall submit a non- refundable fee to cover the cost of processing an application renewal annually. 3. Business License Taxes. The business owner shall at all times maintain a current and valid City of Santa Ana business license and shall pay all business license taxes, deposits, charges, fees, deficiencies, penalties, interest, and other associated assessments as may be required pursuant to ordinances of the City of Santa Ana and/or the Santa Ana Municipal Code. 4. Operating Agreement Fees. 5. Additional cannabis -specific gross receipts, excise taxes, or other municipal tax approved by the voters of the City of Santa Ana. 6. All required state taxes including sales and use taxes, business/franchise or income taxes, payroll taxes, etc. 7. All required federal taxes. Section 7. Article XIII of Chapter 18 of the Santa Ana Municipal Code (Medicinal Marijuana Collectives/Cooperatives) is hereby deleted in its entirety, renamed "Reserved," and re -adopted and amended as Article II of Chapter 40 of the Santa Ana Municipal Code to read as "Regulation of Commercial Cannabis Medicinal Retail Activities" as follows: ARTICLE II. — REGULATION OF COMMERCIAL CANNABIS MEDICINAL RETAIL ACTIVITIES Sec. 40-100. Purposes and intent. It is the purpose and intent of this article to regulate the collective distribution of medical marijuana at a commercial cannabis retail business in order to ensure the health, safety and welfare of the residents of the City of Santa Ana. The regulations in this article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, and the California Health and Safety Code (collectively referred to as "State Law") do not interfere with a patient's right to use medical marijuana as authorized under State Law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, as authorized under State Law. Under State Law, only qualified patients, persons with identification cards, and primary caregivers may cultivate medical marijuana collectively. Businesses operating as medical marijuana collectives shall comply with all provisions of the Santa Ana Municipal Code, State Law, the 2008 California Attorney General Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use, and all other applicable local laws. Nothing in this article purports to Dermit activities that are otherwise illeaal under state or local law. Ordinance No. NS-XXX Page 40 of 66 City Council 25 — 55 9/20/2022 Sec. 40-101. Definitions. (a) "Medical marijuana collective" or "cooperative" or "collective" means any facility otherwise known as a commercial cannabis medicinal retail or retailer, or location where medical marijuana is made available and/or distributed by or to one (1) or more of the following: a primary caregiver, a qualified patient or a person with an identification card in strict accordance with California Health and Safety Code 11362.5 et seq., as sometimes amended. This term shall include any legal form of business recognized in the State of California. A "medical marijuana collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life -threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictiv with applicable law includina. but not limited to. Health and Safety Code Section 11362.5 et seq. "Identification card" shall have the same definition as that contained in Health and Safety Code 11362.7 et seq., as sometimes amended. Lcj "Manager" means any person responsible for the establishment, organization, supervision, or oversight of the operation of a Collective, including, but not limited to, members who perform the functions of president, vice-president, director, operating officer, financial officer, secretary, or treasurer. Ability to control one (1) or more of the following functions shall be prima facie evidence that such person is a manager: M To hire, select, or separate employees or staff, including volunteers; To acquire facilities, furniture, equipment or supplies other than occasional replenishment of stock; To disburse funds of the business other than occasional expenditures for replenishment of stock: or To make, or participate in making, policy decisions relative to the operations of the business. "Marijuana" shall have the same definition as that contained in Health and Safety Code 11018 as sometimes amended. (e) "Medical marijuana" shall have the same definition as that contained in Health and Safety Code § 11362.5 et seq., as sometimes amended. Ordinance No. NS-XXX Page 41 of 66 City Council 25 — 56 9/20/2022 "Primary caregiver" shall have the same definition as that contained in Health and Safety Code §§ 11362.5 and 11362.7, as sometimes amended. Lc� "Qualified patient" shall have the same definition as that contained in Health and Safety Code 11362.5 as sometimes amended. "Private Residence" shall have the same definition as that contained in Health and Safety Code §§ 111362.2(5) and 17922. A recreational vehicle does not constitute a lawfully established structure for the purposes of this article. Q "Premises" means a single, legal parcel of property. Where contiguous legal parcels under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter. "Marijuana Products" shall have the same definition as that contained in Health and Safety Code § 11018.1. "Marijuana Accessories" shall have the same definition as that contained in Health and Safety Code 11018.2. "Personal Cultivation" shall mean the planting, growing, harvesting, drying, curing, grading or trimming of marijuana plants for personal use within a private residence or accessory structure to a private residence. Lin)"Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one (1) or more lockable doors. (n) "Dispensary" means a premises where medical cannabis or medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to Business and Professions Code § 19340, medical cannabis and medical cannabis aroducts as part of a retail sale. Sec. 40-102. Scope of article. The operating standards established in this article apply to any site, facility, location, use, cooperative or business currently operating in the City of Santa Ana, or which commences operations after the effective date of this article, that distributes, dispenses, stores, sells, exchanges, processes, delivers, or gives away, medical marijuana to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code § 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996") or any state regulations adopted in furtherance thereof. Any collective in the City of Santa Ana shall operate in conformance with the operating standards set forth in this Ordinance No. NS-XXX Page 42 of 66 City Council 25 — 57 9/20/2022 Code to assure that the operations of the collective are in compliance with California law and to mitigate the adverse secondary effects from operations of dispensaries. Sec. 40-103. Operating Standards. (a) No recommendations from a doctor for medical marijuana shall be issued on -site. A collective shall only dispense medical marijuana to qualified patients and their caregivers as defined by California Health and Safety Code § 11362.5 (Proposition 215). This shall include possession of an original valid doctor's recommendation, not more than one (1) year old, for medical marijuana use by the patient. Lc) A collective shall notify patrons of the following through posting of a sign in a conspicuous location: (1) Use of medical marijuana shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical mariivana is a crime and can lead to arrest. (2) That loitering on and around the collective site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. 3) Foraery of medical documents is a felonv crime. (4) A warning that patrons may be subject to prosecution under federal marijuana laws. (5) That the use of medical marijuana may impair a Person's ability to drive a motor vehicle or operate machinery. A collective shall not provide marijuana to any individual in an amount not consistent with personal medical use (e) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of the marijuana plant may be kept or maintained on -site for distribution to qualified patients and primary caregivers as follows: (1) The cuttings shall not be utilized by a collective as a source for the provision of marijuana for consumption on -site, however, upon provision to a qualified patient or primary caregiver, that person may use the cuttings to cultivate marijuana plants off -site for their own use and they may also return marijuana from the resulting mature plant for distribution by the collective. (2) For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut from a marijuana plant, which is no more than six (6) inches in length, and which can be used to grow another plant in a different location. Ordinance No. NS-XXX Page 43 of 66 City Council 25 — 58 9/20/2022 A collective shall comply with applicable provisions of the California Health and Safety Code §§ 11362.5 through 11362.83, inclusive. Sec. 40-104 Medical Marijuana Waitlist and Waitlist Termination. (a) Pursuant to Ordinance No. NS-2864, adopted December 9, 2014, the Director of Planning and Building shall prepare Cooperative/Collective registration application forms and a related administrative policy. Each collective interested in operating pursuant to this article may submit an application together with a non-refundable processing fee in an amount established by the City Council. Within 60 days after the adoption of Ordinance No. NS-2864, the Director shall stop accepting applications and process all applications received. The Director or his or her designee shall have determined whether each application demonstrates compliance with this article. Each application that is in compliance with this article shall be placed on the "Qualified Registration Applicant List" and the Director shall notify the applicant in writing that it is a "Qualified Registration Applicant." Lq) Once all applications are processed, the Director shall have held an independent selection process ("lottery") in an open and public location and select 20 applications. The 20 applications chosen through the independent selection process (lottery) will be placed on the "Regulatory Safety Permit ("RSP") Eligibility List." Each applicant on the RSP Eligibility List may then choose to file an application for a RSP pursuant to section 40-9. All applicants identified on the RSP Eligibility List following the February 5, 2015 independent selection process (lottery) shall be required to concurrently: (1 ) File an application for an RSP and (2) Submit all required construction plans for plan check by the City by March 30, 2023, subject to the requirements of this Chapter and other applicable chapters of the Santa Ana Municipal Code, and be operational with sustained business activity within 180 days of construction permit issuance. An extension may be issued for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. Failure to satisfy these requirements by that deadline will disqualify the applicant from the RSP Eligibility List and the Waitlist described in subsection (d). Relocation is permitted pursuant to Section 40-7 of this Chapter. M Qualified Registration Applicants will appear on the "Qualified Registration Applicant List" in the order that they are selected during the independent selection process (lottery). This list is the Waitlist. The Waitlist will become active if (1) an applicant on the RSP Eligibility List is disqualified from that List; (2) a location appearing on the RSP Eligibility List becomes available; or (3) a location not appearing on the RSP eligibility list becomes available. A Qualified Registration Applicant's ability to move from the Waitlist to the RSP Eligibility List is determined by the applicant's proposed medical marijuana collective location and the applicant's position on the Waitlist. Ordinance No. NS-XXX Page 44 of 66 City Council 25 — 59 9/20/2022 Lej A Qualified Registration Applicant that moves from the Waitlist to the RSP Eligibility List must submit a completed RSP application within three (3) months following issuance of a written notice advising the applicant of that opportunity. Failure to submit a completed RSP application by that deadline will disqualify the applicant from the RSP Eliaibilitv List and the Waitlist. The Director shall maintain the Waitlist and update it on an annual basis unless terminated pursuant to subsection 40-104 (q) through (0). A Qualified Registration Applicants on that Waitlist must submit a written request each year to maintain its status on the waitlist. Lc� Upon the effective date of this Ordinance on January 1, 2023, the City shall no longer maintain any eligibility or Waitlist and shall terminate the Waitlist and provide written notice to all individuals and/or entities on the Waitlist at least 180 calendar days in advance of the Waitlist's termination. The notice shall contain details about each individual's and/or entity's position on the Waitlist and information about any upcoming applications being accepted for new commercial cannabis adult -use or medicinal retail selection processes as per the process outlined in Section 40-9, subject to the processes and procedures promulgated in Article I of this Chapter. No new medicinal retail applications shall be accepted following termination of the Waitlist. In no event shall the City begin accepting applications for new commercial cannabis retail businesses before the 180-day written notification to all affected individuals and/or entities on the Waitlist. Upon termination of the Waitlist, any operating adult -use commercial cannabis retailer with a valid RSP may also sell medicinal retail cannabis in full accordance with any State licensing requirements. Relocation of an existing and licensed medical marijuana collective or medical marijuana cooperative as defined in Article II of this Chapter that is operating in full compliance with the provisions of this Article is aermitted subiect to Section 40-7 of this Chapter. Sec. 40-105. Maintenance of records. A medical marijuana collective shall maintain records at the location accurately and truthfully documenting_ Lal The full name, address, and telephone number(s) of the owner, landlord and/or lessee of the location; The full name, address, and telephone number(s) of all members who are engaged in the management of the collective and the exact nature of each member's participation in the manaaement of the collective: Ordinance No. NS-XXX Page 45 of 66 City Council 25 — 60 9/20/2022 Lcj The full name, address, and telephone number(s) of all patient members to whom the collective provides medical marijuana, a copy of a government -issued identification card for all patient members; The full name, address, and telephone number(s) of all primary caregiver members to whom the collective provides medical; Lej All receipts of the collective, including but not limited to all contributions, reimbursements, and reasonable compensation, whether in cash or in kind, and all expenditures incurred by the collective for the cultivation of medical marijuana; and Proof of compliance with the California Attorney General Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use. These records shall be maintained by the collective for a period of five (5) years and shall be made available by the collective to the police department and/or community preservation division upon request. If they are not produced as requested the city may seek a search warrant, subpoena, or court order. In addition to all other formats that the collective may maintain, these records shall be stored by the collective at the location in a printed format in its fireproof safe. Any loss, damage or destruction of the records shall be reported to the police department within twenty-four (24) hours of the loss, destruction or damage. Sec. 40-106. Audits — Cooperatives/Collectives. Annual audits. No later than September 30 of every year, each licensed medical marijuana collective shall be liable to file with the city an independent audit or financial review of its operations of the previous calendar year. Provided, however, that licensed collectives which operate on a vertically or horizontally integrated basis as established in Chapter 21, Article XI I of this Code, or that are co -located on shared premises may file a consolidated audit or independent financial review. The form and contents of the document shall be specified by the executive director of finance and management services, or his/her designee(s). The Executive Director of Finance and Management Services, or his or her designee(s) may waive this requirement for certain licensed collectives in accordance with guidelines established by the Finance and Management Services Agency. Sec. 40-107. Applicability to existing medical marijuana operations. Any existing medical marijuana collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this article must immediately cease operation until such time, if any, when it complies fully with the requirements of this article. No medical marijuana collective, dispensary, operator, establishment, or provider that existed prior to the enactment of this article shall be deemed to be a legally established use under the arovisions of this article. and such medical mariivana collective. Ordinance No. NS-XXX Page 46 of 66 City Council 25 — 61 9/20/2022 dispensary, operator, establishment, or provider shall not be entitled to claim legal nonconforming status. Sec. 40-108. Compliance with this article and state law. (a) It is unlawful for any person to: i. Cause, permit or engage in the giving away of marijuana, or ii. Own, establish, operate, use or permit the establishment or operation of a medical marijuana collective or cooperative, or to participate as an employee, contractor, agent, responsible person or volunteer of a collective or cooperative, except as provided in this article, and pursuant to any and all other applicable local and state laws. iii. The prohibition in subsection (ii) above includes, rentina, leasina, or otherwise permitting a medical marijuana business to occupy or use a location, vehicle, or other mode of transportation. It is unlawful for any person to cause, permit or engage in any activity related to medical marijuana except as provided in Health and Safety Code 11362.5 et seq., and pursuant to any and all other applicable local and state laws. (c) It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or documentation required to be maintained, filed or provided to the City under this article, or to any other local, state or federal government agency having jurisdiction over any of the activities of collectives. It shall be the sole responsibility of the members engaged in the management of the collective to ensure that the collective is at all times operating in a manner compliant with all applicable state laws and this article. Nothing in this article shall be construed as authorizina anv actions which violate state law with reaard to the cultivation. transportation, provision, and sale of medical marijuana. (e) Cultivation of Marijuana. M Personal Cultivation. Individuals twenty-one (21) years of age or older may plant, cultivate, harvest, dry, or process up to six (6) living marijuana plants for personal (non-commercial) use in a private residence or accessory structure to a single private residence in the City of Santa Ana and must comply with the following requirements: i. The marijuana cultivation area shall be located indoors within a private residence or accessory structure on a single parcel of property; ii. No more than six (6) living marijuana plants is permitted for indoor personal cultivation; Ordinance No. NS-XXX Page 47 of 66 City Council 25 — 62 9/20/2022 iii. Marijuana in excess of twenty-eight and one-half (28.5) grams produced by plants kept for indoor personal cultivation must be kept in a locked space on the arounds of the arivate residence not visible from the aublic riaht-of way. iv. There shall be no exterior visibilitv or evidence of mariivana cultivation outside the private residence from the public right-of-way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, or any light emanating from the cultivation; or V. The cultivation may not violate any California Building, Electrical or Fire Codes or anv other health and safetv standards. Commercial Cultivation. Commercial cultivation of marijuana or cannabis is arohibited anvwhere in the Citv exceot as allowed and reaulated in Article I of this Chapter. Outdoor Cultivation. Outdoor commercial cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a qualified patient or primary caregiver, shall engage, permit, or participate in the outdoor commercial cultivation of mariivana in the Citv. Public Nuisance Prohibited. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor, except as allowed and reaulated in Chapter 40 of the Santa Ana Municiaal Code. A aublic nuisance may be deemed to exist, if such activity produces: Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public; Repeated responses to the parcel by law enforcement personnel; A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwellina. and excessive noise emanatina from the dwellina. Outdoor and Commercial growing and cultivation of marijuana, except as allowed and reaulated in Chanter 40 of the Santa Ana Municibal Code. Ordinance No. NS-XXX Page 48 of 66 City Council 25 — 63 9/20/2022 A permitted medical marijuana dispensary may deliver medical marijuana only to a qualified patient or caregiver. Medical marijuana delivery services by dispensaries possessing regulatory safety permits must comply with Business and Professions Code §19340. Delivery of cannabis from a dispensary permitted pursuant to this Chapter can only be made in a city or county that does not expressly prohibit it by ordinance. Delivery services by dispensaries not in possession of regulatory safety permits is expressly prohibited. Lc� Non -Retail Commercial Cannabis Businesses for Medicinal and Adult -Use Cannabis as defined in Article I of Chapter 40 of the Santa Ana Municipal Code (SAMC) are permitted subject to the regulations and standards contained within Chapter 40 of the SAMC. Section 8. Section 21-127 of Article XII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-127. - Marijuana collectives/cooperatives—Annual business license tax assessment. (a) Annual business license tax assessment for marijuana collectives/cooperatives. (1) Every collective/cooperative whether it is organized or conducted as a "not for profit" business, a "non-profit" business, or a "for -profit" business, shall pay an annual business license tax in accordance with Chapter 21 and the sections and subsections hereunder. (2) For the purposes of this article, a marijuana collective/cooperative is defined in section 18-611 40-101(b) and is considered to be a business as that term is defined in section 21-3. (3) For the purposes of this article, a collective/cooperative is not considered to be a religious or charitable organization. (4) "Medical marijuana collective/cooperative" or "collective/cooperative" shall mean any activity regulated or permitted by chapter 4$ 40. (5) For the purposes of this article, a marijuana collective/cooperative is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49. (6) For the purposes of this article, a "nonprofit organization" shall mean any institution or organization that is exempted from taxes measured by income or gross receipts pursuant to Article XIII, Section 26 of the California Constitution as codified under Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code and Section 37101 (c) of the Government Code or Sub -Chapter F (commencing with Ordinance No. NS-XXX Page 49 of 66 City Council 25 — 64 9/20/2022 Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986. An institution or organization operating as a collective/cooperative and claiming a gross receipts assessment business license tax exemption under this section shall have the burden of furnishing to the collector such information as the collector may require to validate the claim of exemption including but not limited to such a determination by the California Franchise Tax Board or any other information requested by the collector. (7) For the purposes of this article, "gross receipts" shall mean any transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for marijuana whatsoever, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in -kind contributions, including all operating costs related to the growth, cultivation or provision of marijuana or any transaction related thereto. "Gross receipts" shall also include without limitation anything else of value obtained by a collective/cooperative. The term "gross receipts" shall also include the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, merchandise, for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included. "Gross receipts" shall also include the amount of any federal, manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any California state, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or Ordinance No. NS-XXX Page 50 of 66 City Council 25 — 65 9/20/2022 taken as part payment on any property so accepted for resale. "Gross receipts" shall be calculated without any deduction on account of any of the following: (i) The cost of tangible property sold or bartered; (ii) The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; or (iii) The cost of transportation of the marijuana, or other property or product. (b) Business license tax rates for marijuana collectives/cooperatives. (1) Every collective/cooperative, excepting a qualified "nonprofit organization," whether it is organized or conducted as a "not for profit" business, a "non- profit" business, or a "for -profit" business, shall pay a separate business license tax at a rate of up to ten (10) percent of the gross receipts generated or otherwise received for each branch establishment or separate property location of the business. The gross receipts tax shall be initially set at a rate of five (5) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax shall not be adjusted for inflation pursuant to section 21-121. (2) Notwithstanding the maximum tax rate of ten (10) percent of gross receipts imposed under subsection (b)(1), the city council may in its discretion at any time by ordinance implement a lower gross receipts tax rate for all marijuana collectives/cooperatives, as defined in such ordinance, subject to the maximum rate of ten (10) percent of gross receipts. The city council may by ordinance increase any such gross receipts tax rate from time to time, not to exceed the maximum gross receipts tax rate established under subsection (b)(1). (3) Effective January 1, 2018, the gross receipts tax initially set at a rate of five (5) percent pursuant to subsection (b)(1), shall be increased to a rate of six (6) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax rate shall not be adjusted for inflation pursuant to section 21-121. (4) As part of the gross receipts tax imposed by this article, each collective/cooperative shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each separate branch location or separate property location of the business. (c) Modification, repeal or amendment. The city council may repeal the ordinance codified in this article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The city council may likewise Ordinance No. NS-XXX Page 51 of 66 City Council 25 — 66 9/20/2022 by ordinance adopt and add additional provisions to any other article of this chapter and relate them to this article, or amend any existing provisions of any article of this chapter as they may already relate to this article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the city council repeals said ordinance or any provision of this article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (d) Administration —Rules, regulations, and guidelines; interpretation/clarification. In order to aid in the city's collection of taxes due under this article and to ensure that all marijuana collectives/cooperatives are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this chapter with the provisions of this article in any manner not inconsistent with the intent of this article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article. (e) Occasional transactions —Exemptions. (1) The provisions of this article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of marijuana collective/cooperative business at the request of a specific patient, client or customer, provided that such person does not come into the city for the purpose of transacting business on more than five (5) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting collective/cooperative activities, the business tax payable by such person may be apportioned by the collector in accordance with this chapter. (f) Reporting and remittance. Beginning as set forth in subsection (k) below, and monthly thereafter, each marijuana collective/cooperative (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts) required to pay a tax based on gross receipts under this article, shall report to the city any gross receipts received during the preceding monthly reporting period and shall likewise remit to the city the taxes due and owing during said period. For purposes of this section, month shall mean calendar month, and taxes shall begin to accrue on the date that a person or entity first receives a business license or other permit to operate as a collective/cooperative. Ordinance No. NS-XXX Page 52 of 66 City Council 25 — 67 9/20/2022 The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance subsection (b)(3), shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31 st day of March of the following year. In the case of a new collective/cooperative the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one -quarter ('/4) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (g) Delinquent date —Penalty. Any individual or entity who fails to pay the taxes required by this article when due shall be subject to penalties and interest as set forth in accordance with this chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter. (h) Payment of tax does not authorize unlawful business. (1) The payment of a business tax required by this article, and its acceptance by the city, shall not entitle any person to carry on any collective/cooperative unless the person has complied with all of the requirements of this Code and all other applicable laws, nor to carry on any collective/cooperative in any building or on any premises in the event that such building or premises are situated in a zone or locality in which the conduct of such collective/cooperative is in violation of any law. (2) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any legal business in an illegal manner, or any business in violation of any ordinance of the city. Nothing in this article implies or authorizes that any activity connected with the distribution or possession of marijuana is legal unless otherwise authorized and allowed by California and federal law. Nothing in this section shall be applied or construed as authorizing the sale of marijuana. (i) Business license tax certificate —Required. There are imposed upon all persons engaged in transacting and carrying on any collective/cooperative business activity in the city taxes in the amounts prescribed in this article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this chapter and having paid the taxes set forth in this article, and without complying with any and all applicable provisions contained in this chapter. The carrying on of any collective/cooperative without complying with all the provisions of Ordinance No. NS-XXX Page 53 of 66 City Council 25 — 68 9/20/2022 this article shall constitute a separate violation of this chapter for each and every day that such collective/cooperative is so carried on. Q) Classification of business license assessment type —Term and renewal. The business license issued to marijuana collectives/cooperatives shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) and shall be subject to renewal in accordance with sections 21- 72(c), 21-73(c), and 21-77. (k) Operative date. Upon the approval by the majority of the voters of the city at the November 4, 2014 general election, the taxes imposed by this article shall become operative and shall be applied by the collector upon all marijuana col lectives/cooperatives. (1) Operative date of increased or decreased gross receipts tax rate. The gross receipts tax set initially at a rate of five (5) percent pursuant to subsection (b)(1) [(Ordinance No. NS-2864, Section 5, adopted 12-9-14)1 shall be increased to a rate of six (6) percent effective January 1, 2018, pursuant to subsection (b)(3) f(Ordinance No. NS- 2930, Section 8, adopted 11-21-17)1. Section 9. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-133. Commercial cannabis businesses —Annual business license tax assessment. Every person engaged in a "commercial cannabis business" or "commercial cannabis activity" shall pay an annual business license tax as outlined below. This Article shall not apply, except with respect to medical marijuana cooperatives/collectives (also referred to as medicinal cannabis retail businesses) which are vertically and/or horizontally integrated with commercial cannabis businesses, to medical marijuana cooperatives/collectives which are governed by Article XII of this Chapter, or to personal cultivation as defined in section 18 611 ® 40-101(b) of this Code. (a) For each branch establishment or separate property location of a commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location, the higher of the two (2) following tax rates shall be due to the City for each monthly reporting period: (1) Up to ten percent (10%) of each dollar of gross receipts received or generated for each monthly reporting period. (2) Up to $35.00 per square foot (annual tax rate) prorated monthly to one - twelfth (1/12th) of the annual tax rate amount. Ordinance No. NS-XXX Page 54 of 66 City Council 25 — 69 9/20/2022 (b) These tax rates shall not be adjusted for inflation pursuant to section 21-121 of this Chapter. (c) Notwithstanding the tax rates imposed herein under subsection (a), the City Council may, in its discretion, at any time by resolution, implement any lower tax rate it deems appropriate, and may by resolution increase such tax rate from time to time, not to exceed the maximum rates established by subsection (a). (d) As of the operative date of this Article, the business license gross receipts tax rates and square footage tax rates application to specific commercial cannabis business activities shall be have been established as f�- '� by city ordinance [(Ordinance No. NS-2962, Section 2 (Exhibit A-1), adopted 11-6-18; and Ordinance No. NS- 2972, Section 7, adopted 9-3-19)1 and bV the following resolutions as referenced hereinbelow in subsections (s),(t), and (u). r rnmere.i.al r-,rr-,hir Business Activ#y GF rr o p+r Tax e GFess SquaFe €eetage—T-ax Rafe Adult Cannabis Retail Business (induding Delivery) "0 $25.00 use " $i$00 wee "a $ :-00 nn-,n-4- -+u run " $i8-00 Testing I Testing C-,. hty (effeetiye December 5_0A $4-AW er aberater" 21, 2019 threush dunee 30,�9) Tr.r+inr. Facility ..r T..r+inrr I -.+..ny /nffn.,+iv.. hnrrinninrr I_0A ahr. li 11Y 'I 20 91 With respect to Scommercial cannabis businesses not having a fixed place of business within the city but conducting regular, non -incidental commercial cannabis business activities within the city, such businesses shall be subject to the gross receipts tax rate(s) as set out in thee +ohlo above pursuant to this Article based on the category/categories of commercial cannabis activity conducted. However, such out- of-town commercial cannabis businesses shall not be subject to any gross square footage tax rate(s). (e) As part of the annual gross receipts/square footage tax(es) imposed by this Article, each commercial cannabis business located within the city shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, and for each separate type of commercial Ordinance No. NS-XXX Page 55 of 66 City Council 25 - 70 9/20/2022 cannabis business conducted at the same location. Commercial cannabis businesses having no fixed place of business within the city shall be exempted from this requirement. Provided that commercial cannabis microbusinesses shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, but not for each separate type of commercial cannabis business conducted at the same location. (f) In the event the City should in the future permit additional categories of commercial cannabis business activity, as may from time to time be licensed by the State of California, such categories of commercial cannabis activates shall be subject to the same maximum tax rates as imposed herein. The City may by ordinance of the City Council initially set the required gross receipts/gross square footage tax rates based on category of cannabis business activity at lesser rates as may be deemed appropriate by the City Council. (g) For purposes of this Article, a commercial cannabis business is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49 of this Chapter. (h) For purposes of this Article any person claiming an exemption from the gross receipts tax rate component of the combined gross receipts/square footage tax imposed under this Article on the basis of a claim of being a qualified "nonprofit organization" shall have the burden of substantiating their claim to the same extent and in the same manner as a marijuana collective/cooperative in accordance with section 21-127(a)(6) of this Chapter. (i) Cannabis businesses shall not pass the taxes imposed by this Article through to an adult -use cannabis retail business customer or commercial cannabis business customer in any fashion except as part of the basic product sales and/or service price. Q) Definitions. For purposes of this Article, the following terms have the following meanings: (1) "Adult -Use cannabis retail business" as defined in section 40-2(4) of this Code. (2) "Commercial Cannabis Activity" as defined in section 40-2(9) of this Code. (3) "Commercial cannabis business" as defined in section 40-2(10) of this Code excluding medical marijuana collectives/cooperatives also referred to as medicinal cannabis retail sales. (4) "Cultivation" as defined in section 40-2(11) of this Code. (5) "Delivery" as defined in section 40-2(13) of this Code. Ordinance No. NS-XXX Page 56 of 66 City Council 25 — 71 9/20/2022 (6) "Distribution" as defined in section 40-2(16) of this Code. (7) "Gross receipts" — section 21-3 of this Chapter notwithstanding, "gross receipts" for the purposes of this Article shall mean: (A) Transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for cannabis, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in -kind contributions, including all operating costs related to the growth, cultivation, manufacturing, distribution, testing, or provision of cannabis or any transaction related thereto. (B) Anything else of value obtained by an a cannabis business; (C) The total amount of the sale price of all sales and services; (D) The total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, or merchandise (whether at wholesale or retail), for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature; (E) Any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included; (F) The amount of any federal manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof; (G) The amount of any California state cannabis excise tax or state cannabis cultivation tax included in the price of the product; (H) "Gross receipts" shall not include the following: The amount of any federal tax imposed on or with respect to retail or wholesale sales or the sale of services whether imposed upon the cannabis business or the consumer whenever the amount of federal tax is authorized by law to be stated and passed through to customers as a separate charge. Ordinance No. NS-XXX Page 57 of 66 City Council 25 — 72 9/20/2022 ii. Any California state, county, or city sales or use tax, including any add -on, district, or transaction and use tax, required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale; or iii. The amount of the sale price of business personal property (all property owned or leased by a cannabis business operator used in the operation cannabis business activities, including but not limited to: furniture, fixtures, and business equipment); real property, including land, buildings and other improvements. iv. The amount of equity contributions, investments, and/or loan proceeds to cannabis business' operation, and/or proceeds from the sale or transfer of cannabis business' retail or commercial cannabis business. v. The amount of interparty sales and/or transfers of goods within a single vertically and/or horizontally integrated cannabis business, where the sales or transfers goods are between two or more commercial cannabis business licensees (excluding testing facilities or testing laboratories), or one or more said commercial cannabis business licensee(s) and one or more medicinal cannabis retail business licensee(s), as set forth in accordance with section 21-131.2 and/or section 21-142. (1) "Gross receipts" shall be calculated without any deduction on account of any of the following: i. The cost of tangible or intangible property sold or bartered; ii. The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; iii. The cost of transportation of cannabis, or other property or product; iv. The amount of any federal or state income or franchise taxes; and v. Any other business costs or expenses, unless otherwise specifically exempted. Ordinance No. NS-XXX Page 58 of 66 City Council 25 — 73 9/20/2022 (8) "Gross Square foot" or "gross square footage" for the purposes of this Article shall mean: (A) In the case of commercial cannabis businesses licensed by the state to engage in an adult -use cannabis retail business, the gross number of square feet comprising the adult -use cannabis retail property location as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated, whether such adult -use cannabis retail business is part of an on -site vertically or horizontally integrated cannabis business or not. (B) In the case of commercial cannabis businesses licensed by the state to engage in cultivation, the aggregate number of square feet comprising all areas of the premises under "canopy", whether such sum is greater or lesser than the gross square footage as stated in the "approved building set" or "approved certificate of occupancy", and whether such commercial cannabis cultivation business is part of an on -site vertically integrated cannabis business or not. "Canopy" shall mean the designated area(s) of a premise that will contain mature plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. Canopy may be noncontiguous, but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which includes interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and if mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. Canopy shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent canopy measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's canopy is desirable to effectuate the proper assessment or collection of the business license taxes Ordinance No. NS-XXX Page 59 of 66 City Council 25 — 74 9/20/2022 required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then a canopy measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (C) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and that are not occupying the same premises with another cannabis business, the gross number of square feet as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated. (D) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and occupying the same premises with another cannabis business, the gross number of square feet allocated by the commercial cannabis business owner/operator respectively for either distribution use or for manufacturing use, whether the combined sum of all uses is less than, equal to, or greater than the gross square footage as stated in the "approved building set" or "approved certificate of occupancy". The number of square feet allocated ("Allocated Square Footage") shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent allocated square footage measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's allocated square footage is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then an Allocated Square Footage measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (E) In the case of commercial cannabis businesses licensed by the state to engage in testing facilities or testing laboratory businesses, the gross number of square feet comprising such commercial cannabis business' property location as confirmed by the corresponding Ordinance No. NS-XXX Page 60 of 66 City Council 25 — 75 9/20/2022 "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater. (9) "Manufacturing" as defined in section 40-2(22) of this Code. (10) "Microbusiness" as defined in section 40-2(24) of this Code. (11) "Consumption Lounge" as defined in section 40-2(39.1) of this Code. 1( 24-0) "Retail businesses" as defined in section 40-2(40) of this Code. (13) "Shared manufacturing" as defined in section 40-2(22.5) of this Code. (14) "Temporary Consumption Event" and "Temporary Consumption Festival" as defined in section 40-2(39.2 and 39.3) of this Code. 1( 544) "Testing Facility" or "Testing Laboratory" as defined in section 40-2 (44) of this Code. 1642 "Wholesale" as defined in section 40-(46) of this Code. (k) Modification, repeal or amendment. The City Council may repeal the ordinance codified in this Article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The City Council may likewise by ordinance adopt and add additional provisions to any other Article of this Chapter and relate them to this Article, or amend any existing provisions of any Article of this Chapter as they may already relate to this Article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this Article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (1) Administration —Rules, regulations and guidelines. In order to aid in the city's collection of taxes due under this Article and to ensure that all commercial cannabis businesses are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this Article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this Chapter with the provisions of this Article in any manner not inconsistent with the intent of this Article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such Ordinance No. NS-XXX Page 61 of 66 City Council 25 — 76 9/20/2022 interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Article. (m) Occasional transactions —Exemptions. (1) The provisions of this Article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of commercial cannabis business at the request of a specific client or customer, incidental to a commercial cannabis business principally established elsewhere, provided that such person does not come into the city for the purpose of transacting such business on more than three (3) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting commercial cannabis business activities, the business license tax(es) payable by such person may be apportioned by the collector in accordance with this Chapter. (n) Reporting and remittance. (1) Beginning as set forth in subsection (r) below, and monthly thereafter, each commercial cannabis business required to pay a tax or taxes based on gross receipts under this Article (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts), shall report to the city any gross receipts received during the preceding monthly reporting period. In addition, each cannabis business (including qualified nonprofit organizations) required to pay a tax or taxes based on square footage shall report to the city the gross square footage of the cannabis business' property location. Every cannabis business shall then compute the business license taxes at both the gross receipts rate and the gross square footage rate - prorated monthly to one -twelfth (1/12th) of the annual tax rate amount - and shall then remit to the city the amount of the higher of the two tax calculations due and owing during said period in accordance with section 21-133, subsection (d). In the case of a qualified nonprofit organization only the gross square footage computation shall be made and the amount of such calculation shall represent the amount due and owing during said period. All reporting and remitting made shall be done in accordance with instructions from the collector and shall be made using forms provided or approved by the collector. (2) For purposes of this section, month shall mean calendar month and shall include any fraction of a month. Taxes shall begin to accrue on the date that a person or entity first receives a business license or other city permit to operate as a commercial cannabis business or upon the operative date of this Article should a person or entity already possess a commercial Ordinance No. NS-XXX Page 62 of 66 City Council 25 — 77 9/20/2022 cannabis business license or other city permit to operate as a commercial cannabis business. (3) The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance with this section, shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31 st day of March of the following year. In the case of a new commercial cannabis business the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one -quarter ('/4) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (o) Delinquent date —Penalty. Any individual or entity who fails to pay the taxes required by this Article when due shall be subject to penalties and interest as set forth in accordance with this Chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Article and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Article. (p) Business license tax certificate/receipt—Required. There are imposed upon all persons engaged in transacting and carrying on any commercial cannabis business activity in the city taxes in the amounts prescribed in this Article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this Chapter and having paid the taxes set forth in this Article, and without complying with any and all applicable provisions contained in this Chapter. The carrying on of any commercial cannabis business activity without complying with all the provisions of this Article shall constitute a separate violation of this Chapter for each and every day that such commercial cannabis activity is so carried on. (q) Classification of business license assessment type —Term and renewal. The business license issued to commercial cannabis businesses shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) of this Chapter and shall be subject to renewal in accordance with sections 21-72(c), 21-73(c), and 21-77. (r) Operative date. Upon the approval by the majority of the voters of the city at the November 6, 2018 general election, the taxes imposed by this Article shall become operative and shall be applied by the collector upon all commercial cannabis businesses. Ordinance No. NS-XXX Page 63 of 66 City Council 25 — 78 9/20/2022 (s) Operative date of decreased gross receipts tax rate. The gross receipts tax set initially at a rate of five (5%) percent for testing facilities or testing laboratories pursuant to subsection (d) above shall be decreased to a rate of one (1 %) percent by resolution of the City Council [Santa Ana City Council Resolution No, 2019-068 as hereinabove provided for in accordance with subsection (c), which reduced rate, under the terms of said City Council resolution, shall become retroactively effective July 1, 2019. (t) Operative date of decreased gross receipts tax rate. The gross receipts tax set initially at a rate of six (6%) percent for cultivation, manufacturing, and distribution pursuant to subsection (d) above shall be decreased to a rate of one (1 %) percent by resolution of the City Council (Santa Ana City Council Resolution No, 2022-XXXI as hereinabove provided for in accordance with subsection (c), which reduced rate, under the terms of said City Council resolution, shall become effective January 1, 2023_ (u) Operative date of decreased square footage tax rate. The square footage tax set initially at a rate of ten ($10) dollars per square foot for cultivation and manufacturing, and four ($4) dollars per square foot for distribution pursuant to subsection (d) above shall be decreased to a rate of seven ($7) dollars per square foot for cultivation, three ($3) dollars per square foot for manufacturing, three ($3) dollars per square foot for distribution, ($1.50) per square foot for testing, and to a rate of zero ($0) dollars per square foot for shared manufacturing by resolution of the City Council (Santa Ana City Council Resolution No, 2022-XXXI as hereinabove provided for in accordance with subsection (c). which reduced rates. under the terms of said Citv Council resolution, shall become effective January 1, 2023. Section 10. Section 21-135 of Article XI I I of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-135. - Single property location; multiple state licenses; separate city business licenses. Sections 21-7, 21-8, and 21-9 of this chapter notwithstanding, separate city business licenses, issuable to commercial cannabis businesses pursuant to this article, shall be required for each separate type of commercial cannabis business activity transacted and carried on at a single city property location for which a commercial cannabis business may seek licensure by the state, or for which a state license has been approved or issued. Provided, however, that commercial cannabis business activity transacted and carried on at a single city property location for which a commercial cannabis business may seek licensure by the state as a microbusiness, or for which a state license has been approved or issued as a microbusiness, shall in such case be required to obtain a separate city Ordinance No. NS-XXX Page 64 of 66 City Council 25 — 79 9/20/2022 business license business for each of the commercial cannabis activities transacted and carried on. Section 11. 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 12. This Ordinance shall become effective January 1, 2023. Section 13. 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. APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT City Council Councilmembers: Councilmembers: Councilmembers: Councilmembers: Vicente Sarmiento Mayor Ordinance No. NS-XXX Page 65 of 66 9/20/2022 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , 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 Page 66 of 66 City Council 25 — 81 9/20/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING A COMMERCIAL CANNABIS TAX CATEGORY AND ESTABLISHING RELATED GROSS RECEIPTS AND SQUARE FOOTAGE TAX RATES FOR CONSUMPTION LOUNGES AND TEMPORARY CONSUMPTION/SPECIAL EVENTS AND REDUCING THE COMMERCIAL CANNABIS GROSS RECEIPTS AND SQUARE FOOTAGE TAX RATES FOR CULTIVATION ACTIVITIES, DISTRIBUTION ACTIVIES, AND MANUFACTURING ACTIVITIES (INCLUDING SHARED MANUFACTURING) 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 November 2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized specified personal use and cultivation of marijuana for adults 21 years of age or older. B. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult -use (also called recreational) marijuana. C. On November 21, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. Since 2014, the City has allowed medicinal marijuana collectives/cooperatives to operate within the City pursuant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. D. In 2018, the City Council adopted Ordinance Nos. NS-2941 and NS-2942, allowing and regulating commercial cannabis businesses. E. A general business license tax based on the gross receipts derived from commercial cannabis businesses and gross square footage serves to generate essential Resolution No. 2022-XXX Page 1 of 5 City Council 25 — 82 9/20/2022 funds for protecting vital City services and facilities and places such businesses on more equal footing with existing City businesses, including medical marijuana businesses. F. The City Council is authorized to impose general and special taxes in order to fund municipal services and facilities, subject to requisite voter approval as set forth in Government Code section 53720 et seq. G. The voters of the City of Santa Ana approved Measure Y (Ordinance No. NS-2962) on November 6, 2018, for the purpose of fixing the rate of taxation for commercial cannabis businesses including delivery, distribution, manufacturing, cultivation, testing and retail sales of cannabis and related products. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. H. On September 3, 2019, the City Council adopted Ordinance No. NS-2972 amending certain sections of chapters 21 of the Santa Ana Municipal Code allowing vertical and horizontal integration of cannabis businesses; updating ownership transfers procedural standards and requirements, security deposits, and various administrative processes; updating and streamlining regulatory components; reducing cannabis testing taxes to greater amount of one (1 %) percent of gross receipts or $1.50 per square foot; and adopting a canopy measurement and square footage allocation service fee. I. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinances, and establishing commercial cannabis gross receipts tax rates that are competitive and provide for the needs of the Santa Ana community. J. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access to safe and tested cannabis to residents. To ensure safe and tested cannabis, the City desires to see the establishment and successful operation of cultivation, distribution, and manufacturing (including shared manufacturing and microbusiness) facilities in the City. K. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana Municipal Code establishes initial and current commercial cannabis gross receipts tax and square footage tax rates by reference to the authorizing ordinances and resolutions, the content of which are presented in condensed tabular format as follows: Resolution No. 2022-XXX Page 2 of 5 City Council 25 — 83 9/20/2022 Commercial Cannabis Business Gross Receipts Gross Square Activity Tax Rate Footage Tax Rate Adult -use Cannabis Retail Business (including Delivery, but not including Consumption Lounges and Temporary 8% $ 25.00 Consumption and/or Special Events) (effective beginning December 21, 2018 Consumption Lounges and Temporary Consumption and/or 8% $ 0.00 Special Events) (effective beginning January 1, 2023 Cultivation (effective December 21, 2018 6% $ 10.00 through December 31, 2022 Cultivation (effective beginning January 1, 1% $ 7.00 2023) Distribution (effective December 21, 2018 6% $ 4.00 through December 31, 2022 Distribution (effective beginning January 1, 1% $ 3.00 2023 Manufacturing (effective December 21, 2018 6% $ 10.00 through December 31, 2022) Manufacturing (effective beginning January 1, 1% $ 3.00 2023 L. Section 21-133(c) of Article XIII of Chapter 21 of the Santa Ana Municipal Code allows the City Council by resolution to implement any lower commercial cannabis tax rate it deems appropriate. Section 2. The City Council hereby establishes: (1) the consumption lounge and temporary consumption/special events gross receipts tax rate; (2) the commercial cannabis cultivation gross receipts tax rate; (3) the manufacturing (including shared manufacturing) gross receipts tax rate; and (4) the distribution gross receipts tax rate at one (1 %) percent, lowering it from six (6%) percent. The reduced one (1 %) percent gross receipts tax rate for cultivation activities, manufacturing (including shared manufacturing) activities, and distribution activities shall become effective January 1, 2023. Resolution No. 2022-XXX Page 3 of 5 City Council 25 — 84 9/20/2022 Section 3. The City Council hereby establishes: (1) the consumption lounge and temporary consumption/special events and shared manufacturing square footage tax rate at zero ($0) dollars per square foot; (2) the commercial cannabis square footage tax rate for cultivation activities at seven ($7) dollars per square foot and for manufacturing activities at three ($3) dollars per square foot (lowering both from ten ($10) dollars per square foot); and (3) the commercial cannabis square footage tax for distribution activities at three ($3) per square foot (lowering it from four ($4) per square foot). The reduced seven ($7) per square foot tax rate for cultivation activities, the reduced three ($3) per square foot tax rate for manufacturing activities, the reduced zero ($0) per square foot tax rate for consumption lounge and temporary consumption/special events and shared manufacturing, and the reduced three ($3) per square foot tax rate for distribution activities shall become effective January 1, 2023. 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 , 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ZT4 9W John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2022-XXX Page 4 of 5 City Council 25 — 85 9/20/2022 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, 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 Page 5 of 5 City Council 25 — 86 9/20/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING: (1) A MAP OF COMMERCIAL CANNABIS ELIGIBLE AREAS IN WHICH COMMERCIAL CANNABIS BUSINESSES AS DEFINED AND REGULATED BY CHAPTERS 21 AND 40 OF THE SANTA ANA MUNICIPAL CODE MAY OPERATE; (2) THE NUMBER OF PERMITTED COMMERCIAL CANNABIS RETAIL BUSINESSES; (3) THE NUMBER OF ANNUALLY PERMISSIBLE TEMPORARY CONSUMPTION EVENTS; AND (4) THE COMMUNITY BENEFIT, SUSTAINABLE BUSINESS PRACTICES, AND SOCIAL EQUITY PLAN TEMPLATE 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 December 9, 2014, following voter approval, the City Council adopted Ordinance No. NS-2864 to regulate the establishment, operation, and taxation of medical marijuana collectives and cooperatives in the City. The ordinance was originally known as and subsequently became referred to as "Measure BB." B. In November2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized specified personal use and cultivation of marijuana for adults 21 years of age or older. C. In 2017, the Governor signed into law Senate Bill 94, also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA), establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult -use (also called recreational) marijuana. D. On November 21, 2017, the City Council adopted Ordinance No. NS-2929, creating Chapter 40 of the Santa Ana Municipal Code and allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. Since 2014, the City has allowed medicinal marijuana collectives/cooperatives to operate within the City pursuant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. Resolution No. 2022-XXX Page 1 of 5 City Council 25 — 87 9/20/2022 E. Since its inception, Chapter 40 has required all commercial cannabis business operators to engage in providing community benefits and sustainable business practices through execution of an operating agreement and accompanying Community Benefit and Sustainable Business Practices plan, with the intent of ensuring commercial cannabis businesses remain engaged in providing direct benefits to the Santa Ana community. F. In 2018, the City Council adopted Ordinance Nos. NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories, and Ordinance No. NS- 2944, allowing commercial cannabis cultivation, manufacturing, and distribution activities. G. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinances, and establishing commercial cannabis gross receipts tax rates that are competitive and provide for the needs of the Santa Ana community. H. Measure BB and subsequent ordinances specified that commercial cannabis business activity is permitted in the City's light and heavy industrial zoning districts (M1 and M2) and must be located 1,000 feet from schools, parks, and properties zoned for residential uses. Proposition 64 subsequently set a minimum separation of 600 feet but allowed local jurisdictions to adopt lower or higher separation requirements. I. The City Council recognizes those entities that have remained on the Medicinal Cannabis Waitlist pursuant to Santa Ana Municipal Code Section 40-104, and those entities that were scored as part of the merit -based selection process in Section 40- 9. J. Following redevelopment of industrial properties east of the Costa Mesa (SR-55) Freeway, the City Council adopted a map of commercial cannabis eligible areas on March 20, 2018 in which commercial cannabis business activities could locate subject to full compliance with applicable local, County, and State regulations. K. Since the last adoption of the map, the increasing demand for industrial properties in Santa Ana following the COVID-19 pandemic has reduced the availability of commercial cannabis eligible properties in the industrial zoning districts, creating strain on cannabis business applicants, other business types, tenants, and property owners. In order to offer clarity and expansion opportunities to commercial cannabis business owners, the City desires to update the map to specify the exact parcels on which commercial cannabis business activities are permitted. The map is based on the original 1,000-foot buffer from sensitive land uses, including schools, parks, and residential zoning districts. L. The City of Santa Ana desires to maintain commercial cannabis businesses in locations adequately buffered from sensitive land uses such as schools, parks, and Resolution No. 2022-XXX Page 2 of 5 City Council 25 — 88 9/20/2022 properties zoned for residential uses, while maintaining a sufficient amount of properties eligible to apply for and operate a commercial cannabis business. M. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access to safe, locally produced and retailed, and tested cannabis to residents and visitors. N. The rise in commercial cannabis business activity in California, coupled with an increase in consumer base both Citywide and regionally, requires the City to adopt a proactive approach to allowing and regulating commercial cannabis business activity, including ensuring that consumers of commercial cannabis retail products are educated in responsible consumption and have safely designed and monitored settings in which retail cannabis may be purchased and consumed. O. On September 20, 2022, the City Council conducted a duly noticed public hearing to consider Ordinance Amendment No. 2022-01, which includes amendments to Chapters 18, 21, and 40 of the Santa Ana Municipal Code; a change to cannabis tax rates for non -retail (cultivation, distribution, and manufacturing) commercial cannabis businesses; and the subject resolution. Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of the above ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. Santa Ana is a built -out, urbanized community, and the uses permitted and regulated by this Ordinance are already allowed by the underlying zoning designations and the development standards in Chapter 41 (Zoning) of the Santa Ana Municipal Code. The uses permitted and regulated by this ordinance will not lead to any cumulative or unforeseen impacts. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 3, The City Council hereby establishes the map of commercial cannabis eligible areas, included here as Attachment A, and referenced in Santa Ana Municipal Code Sections 40-2, 40-5, and 40-6. This map reflects the original 1,000-foot distance from properties containing schools, parks, and properties zoned for residential uses, but is now parcel -specific to offer clarity to property and business owners. Section 4, The City Council hereby establishes the minimum number of commercial cannabis retail businesses as 30 and the maximum number at 35. Any additional commercial cannabis retail businesses permissible following adoption and effectiveness of this Resolution shall be subject to the application and permitting process established by Santa Ana Municipal Code Section 40-9. Resolution No. 2022-XXX Page 3 of 5 City Council 25 — 89 9/20/2022 Section 5. The City Council hereby establishes the maximum number of temporary consumption events, as defined by Santa Ana Municipal Code Section 40-2 (39.2) and regulated by Santa Ana Municipal Code Section 40-8 (11), as two (2) per commercial cannabis retail business per calendar year. Section 6. The City Council hereby adopts the Community Benefit, Sustainable Business Practices, and Social Equity Plan template, attached hereto as Attachment B. Section 7. This Resolution shall take effect upon the effectiveness of Ordinance No. NS- on January 1, 2023. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor 2022. Resolution No. 2022-XXX Page 4 of 5 City Council 25 — 90 9/20/2022 CERTIFICATE OF ATTESTATION AND ORIGINALITY Resolution No. 2022 - the City of Santa Ana on Date: Clerk of the Council, do hereby certify the attached to be the original resolution adopted by the City Council of , 2022. Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 5 of 5 City Council 25 — 91 9/20/2022 Attachment A ■Ili: ;fill0c:1 zil Edward B. Park High liter a 1 111 Li Ele • fal ■ ■ - ■■mt �..... -loo Windsor le ■1■11111. • ��■ �� Park �F .I EDINGER_,�l�l AV Diamond EIT .. jr �ison . . EDINGER D- Sepulveda I�f■■' ■..■.■ ■IIIIIII I� ■.■.. owns ■I • r • 11111 �ElemPark c:■ ii ■11_al � r .r.. ► Elern Adams a Monroe Delhi Jefferson ■ ■I■' �.J. ■.� • • ■RD ...■ � _ten � � ��� ■ . u in 11mel'adden ■ n ■�1 � �� ■ • ■■� NONE rthur --- --- — -High .. C° A _ ■ , Park E. \� Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible. I I Legend Schools Parks a Commercial Cannabis Business 1000 ft Buffer from Schools, Parks, and Residential ,.---- ,�1 Eligible Parcels -M1- Light Industrial 0 Y2 (Medicinal & Adult Use) - M2 - Heavy Industrial P- Professional Miles Map Creation Date: 9/13/2022 100 Zoning Index M a -SpecifiicDevelopmen: - ..^ .... ..,�..,��.... Note: final verification of eligible aDDlications will be based on information Drovided via written communication for renewals or for new registration aDDlications City Council 25 — 93 9/20/2022 Washington Elem tj W W O LL Saddleback g MacArthur Fundamental Intmd Lillie King Park Esqueda Elem WARNER AV Delhi LJ Monroe Park Elem DYER_ RD 1�14 Born Kor I Pa rt Sandpointe Park Note: No Adult -Use cannabis retail business shall be located within 500 feet of another retail cannabis business, except for permitted co -location. Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible. Legend Schools Parks 1000 ft Buffer from Schools, Parks, and Residential i Eligible Parcels 0 M1 -Light Industrial 0 M2 - Heavy Industrial P- Professional City Council 0 Specific Developments (S 8, SD69, SD74, SD85) 25-94 G 0 500 1,000 Feet Map Creation Date: 9/13/2022 City of Santa Ana - GIS Section Commercial Cannabis Retail (Medicinal & Adult -Use) Site Availabilft&W2 of 3 Note: final verification of eligible applications will be based on information provided via written communication for renewals or for new registration applications. Roosevelt Eommt.bnityk enter ar Roos Flem aa Wplker Elem Staridarrd held IC FADDEN AV Kennel Elem Q to z Madison Q Elem Of 0 Maaddlrn Par Fundalm ntal���`"'r!I Intmed �'— Ana Zoo at Prentice Park I I I I I I L I I I •---------------------- - -- - -- -WARNER �A'Vi fit Note: No Adult -Use cannabis retail business shall be located within 500 feet of another retail cannabis business, except for permitted co -location. _ Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible. r Legend Schools r—� \ Parks i 1000 ft Buffer from Schools, Parks, and Residential - —� Eligible Parcels oL li M1 - Light Industrial➢�i M2 -Heavy Industrial P- Professional City Council F 1111Y, - 1 Specific Developments (SD , SD69, SD74, SD85) Century High k"17 71-,' L _ 0 500 1,000 Feet Map Creation Date: 9/13/2022 City of Santa Ana - GIS Section Commercial Cannabis Retail (Medicinal & Adult -Use) I ft Buff 95 Zoning Availabili &W3 of 3 y Note: final verification of eligible applications will be based on information provided via written communication for renewals or for new registration applications. Attachment B Planning and Building Agency Planning Division' c 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 Commercial Cannabis Business (714) 647-5804 Community Benefit, Sustainable Business www.santa-ana.org Practices, and Social Equity Plan This Plan is a public record. Section 1: Business Information Table 1 Item I Information Business Information Business Legal Name Business Doing Business As (DBA) Business Address in Santa Ana Regulatory Safety Permit (RSP) No. RSP Issuance Date RSP Expiration Date Business Owner Name Contact Information Primary Contact Person Name Primary Contact Person Phone Primary Contact Person Email Section 2: Community Benefit, Sustainable Business Practices, and Social Equity Plan Pursuant to Santa Ana Municipal Code (SAMC) Section 40-1(C), all commercial cannabis businesses operating in Santa Ana are required to maintain a Community Benefit, Sustainable Business Practices, and Social Equity Plan on file with the City in a format acceptable to the Executive Director of the Planning and Building Agency. Failure to maintain a plan and satisfy the obligations specified therein will result in review and possible suspension, revocation, citation, or other enforcement action. For more information on the City's requirements for Community Benefit, Sustainable Business Practices, and Social Equity, please review SAMC Section 40-1(C). Beginning January 1, 2023, all commercial cannabis businesses are required to commit to spending one-half of one percent (0.50%) of gross reported earnings for the previous reporting year towards community benefit, sustainable business practices, and social equity obligations. Beginning January 1, 2024, all commercial cannabis businesses are required to commit to spending one percent (1.00%) of gross reported earnings for the previous reporting year towards community benefit, sustainable business practices, and social equity obligations. Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid Permit is issued. City Council 25 — 96 9/20/2022 Planning and Building Agency Planning Division 01 c 20 Civic Center Plaza 1V4W5'' P.O. Box 1988 (M-20) Santa Ana, CA 92702 Commercial Cannabis Business (714) 647-5804 Community Benefit, Sustainable Business www.santa-ana.org Practices, and Social Equity Plan This Plan is a public record. Please utilize the following sections to detail the business's commitments to community benefits, sustainable business practices, and social equity measures. If additional space is required, please attach supplemental sheets to this form using the same format as Table 2 of this packet. Table 2 Item Frequency or Equivalent Detailed Description of Timeframe Monetary Value Measure or Activity Community Benefits` Local hiring (Required) Local sourcing (Required) Contributions to local charitable or not -for - profit organizations (Required) Sustainable Business Practices" Energy Saving (Required) Water Saving (Required) Beginning January 1, 2025 - Social Equity Measures' Employment compensation for full- time employees above minimum wage (Required) Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid Permit is issued. City Council 25 — 97 9/20/2022 Planning and Building Agency Planning Division 01 c 20 Civic Center Plaza 1V4W5'' P.O. Box 1988 (M-20) Santa Ana, CA 92702 Commercial Cannabis Business (714) 647-5804 Community Benefit, Sustainable Business www.santa-ana.org Practices, and Social Equity Plan This Plan is a public record. Item Frequency or Equivalent Detailed Description of Timeframe Monetary Value Measure or Activity Measures to hire part- and full-time staff from disadvantaged communities (Required) Expenditures on safety -related equipment, training, and services (Required) Workforce development and safety training for employees (Required) *Minimum local hiring and local sourcing are strongly suggested; however, additional measures are permissible, such as engagement with local charitable or not -for -profit organizations, volunteer activities, etc. **Minimum "green" technologies such as energy and water saving measures are strongly suggested. However, other measures are permissible, such as transit and carpool incentives, healthy living practices, etc. ***Social equity measures are intended to result in improvements to disadvantaged communities, aiding those systemically and negatively affected by prior criminal or misdemeanor drug convictions, and creating new opportunities among owners, managers, employees, and other staff employed by the cannabis industry. Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid Permit is issued. City Council 25 — 98 9/20/2022 Planning and Building Agency Planning Division a 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 Commercial Cannabis Business (714) 647-5804 Community Benefit, Sustainable Business www.santa-ana.org Practices, and Social Equity Plan This Plan is a public record. Section 3: Acknowledgement I, , primary contact for business owner for the commercial cannabis business named , located at in Santa Ana, California, hereby acknowledge that the information presented on this Community Benefit, Sustainable Business Practices, and Social Equity Plan is accurate and enforceable by the City of Santa Ana pursuant to Chapter 40 of the Santa Ana Municipal Code as a condition of Regulatory Safety Permit issuance, renewal, and maintenance of the Regulatory Safety Permit in good standing. I also understand that documentation of gross reported annual earnings from the prior reporting year and satisfaction of these commitments is required as part of the annual Regulatory Safety Permit renewal process. Primary Contact Signature Date Business Owner Date Signature Jr� Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid Permit is issued. City Council 25 — 99 9/20/2022 Recommended Commercial Cannabis Tax Rate Adjustments Table Gross Receipts Tax Gross Square Commercial Cannabis Business Activity Rate Footage Tax Rate Consumption Lounges and Temporary Consumption and/or Special Events) (effective beginning January 1, 2023) 8 % $ 0.00 Cultivation 6% $ 10.00 (effective December 21, 2018 through December 31, 2022) Cultivation 1% $ 7.00 (effective beginning January 1, 2023) Distribution 6% $ 4.00 (effective December 21, 2018 through December 31, 2022) Distribution 1% $ 3.00 (effective beginning January 1, 2023) Manufacturing 6% $ 10.00 (effective December 21, 2018 through December 31, 2022) Manufacturing 1% $ 3.00 (effective beginning January 1, 2023) Shared Manufacturing 1% $ 0.00 (effective beginning January 1, 2023) Retail Retail Microbusinesses 8% $ 25.00 (Tax rates apply proportionally to microbusiness' activities Cultivation, Cultivation & Mfg. corresponding to Retail / Cultivation / Manufacturing / Distribution - Distribution & $ 10.00 effective September 3, 2019 through December 31, 2022) Mfg. Distribution 6% $ 4.00 Retail $ 25.00 Microbusinesses t (effective beginning January 1, 2023) Retail Cultivation 8 % $ 7.00 t $2,000 Basic Tax Rate assessment to be reduced for All Others Distribution & Mfg. microbusinesses to a single levy on a microbusiness' dominant 1% $ 3.00 gross receipts activity. Shared Mfg. $ 0.00 Note: Shared manufacturers work in a shared -use facility operated by a commercial cannabis manufacturer. Shared manufacturers can: Extract cannabis using butter or cooking oils Make cannabis products through infusion Package and label cannabis City Council Exhibit 5 — 100 9/20/2022 Microbusiness are a single commercial cannabis businesses license type allowing for at least three of the following activities at one location: 1. Cultivation — up to 10,000 total square feet 2. Manufacturing — use of non-volatile solvents, mechanical extraction or infusion 3 Distribution or distribution transport -only 4 Adult Use Retail — storefront or non -storefront. # # - Santa Ana restricts to storefront retail, and only for pre-existing adult use retailers seeking to expand into a microbusiness. City Council Exhibit 5 — 101 9/20/2022 Exhibit 5 - Cannabis Comparative Tax Information City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses Santa Ana — Existing Adult -Use Retail 8% or $25/sf Non -discretionary. Regulatory safety permit (RSP), plus building permits. No CEQA review required. No. Status quo. Retail: Cap 30, 27 active Supply: No Cap, 37 active Medicinal Retail 6% Cultivation 6% or $10/sf. Distribution 6% or $4/sf Manufacturing 6% or $10/sf Testing 1% or $1.50/sf Santa Ana — Proposed Adult -Use Retail 8% or $25/sf Non -discretionary. Regulatory safety permit (RSP), plus building permits. No CEQA review required. Allow all retail storefront dispensaries to have consumption lounges in separate, designated areas with air filtration. Indoor consumption, including smoking, permitted as per State. Outdoor open-air smoking prohibited. Up to 6 total temporary/special consumption events per year. Santa Ana would be only city between West Hollywood and National City (San Diego County) to allow consumption lounges. Reduces taxes on supply-side, slightly higher than other cities, but keeps streamlined and non - discretionary process in place. Retail: Cap 35 Supply: No change Medicinal Retail 6% Cultivation 4% or $7/sf Distribution 4% or $3/sf Manufacturing 4% or $7/sf Testing 1% or $1.50/sf Corona Adult -Use Retail 7% operational fee, up to 9% Discretionary. Competitive, merit -based application process Not stated Storefront retailers must be 1,000 feet from sensitive uses; non -storefront business types must be 600 feet from sensitive uses. Operational agreement required Retail: Cap 12, active 1 Supply: No cap, active 1 Medicinal Retail 7% operational fee, up to 9% Cultivation No Distribution 5%operational fee, up to 7% Manufacturing 5%operational fee, up to 7% Testing 2% operational fee, up to 3% City Council 25 — 1� 1of6 9/20/2022 Exhibit 5 - Cannabis Comparative Tax Information City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses Costa Mesa Retail 7% Discretionary. Conditional use permit (CUP) and cannabis permits required, plus building permits. CEQA review also triggered due to discretionary process. No. Would allow unlimited retail businesses in all commercial areas. No separation from residential required, but 1,000- foot separation from parks and schools, and 600 feet from youth centers. Retail: No cap, 0 active 6-8 approved 15 in pipeline Had 49 applications Cultivation 1% Distribution 1% Manufacturing 1% Testing 1% Dana Point Proposed Adult -Use Retail 3.0% Voter initiative on November 8 ballot. Discretionary, competitive process for retail permits; process for other business types to be developed by the City. Not stated Must be 750 feet from any sensitive uses (schools, daycares, youth centers and certain parks) within the City, and 600 feet from any sensitive uses outside the City. Up to 3 permits for retailers; no required limit for non -retail business types. Medicinal Retail 2.0% Cultivation 1.0% Distribution 1.0% Manufacturing 1.0% Testing 1.0% Huntington Beach — Proposed Retail 6% City Council discretion to adopt and amend business and land use ordinances if voters approve tax measure on November 8, 2022. Not discussed. Council would have discretion to consider onsite consumption as an allowed activity if voters approve tax measure on November 8, 2022. 1,000-foot buffer from schools, parks, daycare and youth centers. Retail: Up to 10 permits Supply: No cap, though Council would have discretion to set a cap if desired Cultivation 1% Distribution 1% Manufacturing 1% Testing 1% Irvine Adult -Use Retail No Ministerial review for completeness. N/A Only testing laboratories are allowed. Testing: No cap, 3 active Medicinal Retail No Cultivation No Distribution No Manufacturing No Testing No City Council 25 — 10A 2 of 6 9/20/2022 Exhibit 5 - Cannabis Comparative Tax Information City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses La Habra Adult -Use Retail 3.0% Discretionary. Competitive, merit -based application process, plus CUP, Development Agreement and other requirements. Not stated Must be 600 feet from any defined sensitive uses including schools, daycares and youth centers. Allows 4 permits for non - storefront retail, 4 distributors and 4 testing laboratories Medicinal Retail 3.0% Cultivation 6.0% Distribution 1.125% Manufacturing 6.0% Testing 1.0% Lake Forest Adult -Use Retail No Ministerial review for completeness. N/A Allows up to 2 permits for cannabis testing laboratories Retail: Not allowed Supply: Not allowed Testing: Cap 2, 2 in process, 0 active Medicinal Retail No Cultivation No Distribution No Manufacturing No Testing No Long Beach Adult -Use Retail 8% Retail allowed by right in commercial zones, CUP required in industrial zones. CUP for other types. CEQA review triggered due to discretionary process. No. 1,000-foot separation between dispensaries and from schools and beaches; 600 feet from parks, libraries, and daycare centers. Retail: Cap 32, 32 active Supply: No cap,141 active (DCC) Currently drafting a revised ordinance to allow for an additional 8 equity retailers Medicinal Retail 6% Cultivation 1% Distribution 1% Manufacturing 1% Testing 1% Los Angeles (City) Adult -Use Retail 10% Ministerial review for completeness. Final selection by lottery for cannabis retailers. No. Storefront retail must be 700 feet from schools, parks, daycare, youth centers, drug treatment facilities or other cannabis retailers. Setbacks for other cannabis business types vary. Retail: Cap; 284 active Cultivation: Cap; 249 active Supply: No cap, 541 active Storefront retail licenses limited to social equity applicants until 2025 Medicinal Retail 5% Cultivation 2% Distribution 1% Manufacturing 2% Testing 1% City Council 25 — 1-g� 3 of 6 9/20/2022 Exhibit 5 - Cannabis Comparative Tax Information City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses Los Angeles (County) Proposed Adult -Use Retail 10% Limited discretionary review Not determined 600' setback from schools, daycares, parks, youth centers and other cannabis retailers. No outdoor cultivation allowed. Storefront retail: Cap 25 Non -storefront retail: Cap 25 Cultivation: Cap 10 Manufacturing: Cap 10 Distribution: Cap 10 Initial permits reserved for social equity applicants Medicinal Retail 5% Cultivation 2% Distribution 1% Manufacturing 2% Testing 1% Palm Springs Adult -Use Retail 10% Discretionary. Conditional use permit (CUP) and cannabis permits required, plus building permits. CEQA review also triggered due to discretionary process. Yes. Allowed as part of a retail storefront dispensary. Outdoor smoking not permitted. Unlimited number of retail storefront dispensaries and non -retail businesses, but separation required between storefront dispensaries, Retail: No cap, 33 active (DCC) Supply: No cap, 38 active (DCC) Cultivation $10/sf Distribution 0% Manufacturing 2% Testing 0% Stanton Adult -Use Retail 6.0% Competitive, merit -based application process Not stated Must be 400 feet from any residentially zoned property and 600 feet from other sensitive uses such as schools, daycares and youth centers. 4 licenses/category 4 Retail licenses could be online within next 12 months Medicinal Retail 6.0% Cultivation $12/sf Distribution 3.0% Manufacturing 4.0% Testing 2.5% West Hollywood Adult -Use Retail 7.5% Discretionary, Business license commission, scoring process, and cannabis permits required, plus building permits. CEQA review also triggered due to discretionary process. Yes. Allowed as part of a retail storefront dispensary. Outdoor and indoor smoking permitted. Allows 8 medicinal retailers, 8 adult use retailers, 8 delivery- only retailers, 8 on -site consumption (smoke and vape), 8 on -site consumption (edibles only). Retail: Cap 24, 3 active, 8 in process Supply: None Medicinal Retail No cannabis tax Cultivation 7.5% Manufacturing 7.5% Distribution N/A Testing N/A Alisa Viejo No No additional information Anaheim No Potential future voter initiative City Council 25 — 119A 4 of 6 9/20/2022 Exhibit 5 - Cannabis Comparative Tax Information City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses Brea No No additional information Buena Park No No additional information Cypress No No additional information Fountain Valley No No additional information Fullerton No. Potential future voter initiative Garden Grove No No additional information La Palma No No additional information Laguna Beach No No additional information Laguna Hills No No additional information Laguna Niguel No No additional information Laguna Woods No No additional information Los Alamitos No No additional information Mission Viejo No Considered a ballot initiative but chose to not move forward Newport beach No No additional information Orange No No additional information Placentia No No additional information Rancho Santa Margarita No No additional information San Clemente No No additional information San Juan Capistrano No No additional information Seal Beach No No additional information Tustin No No additional information Villa Park No No additional information City Council 25 — 1h# 5 of 6 9/20/2022 Exhibit 5 - Cannabis Comparative Tax Information City Tax Rates* Required Permits Consumption Allowed? Notes Maximum Cap & Active Retail vs Supply licenses Westminster No Very early stages of exploring the issue. Yorba Linda No No additional information *All retail cannabis sales would also be subject to all state and local sales taxes, other than sales to a person who presents a state -issued Medical Marijuana Identification Card (MMIC) at the time of purchase (less than 1% of sales). Any additional local transaction and use taxes would also apply unless specifically exempted by the local ordinance. City Council 25 — J_Q7 6of6 9/20/2022 City Council www.santa-ana.org/city-council Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 20, 2022 TOPIC: Community Meetings for Certain Development Projects as Required by the Sunshine Ordinance TITLE Discuss and Consider Directing the City Manager to Direct Staff to Draft a Revision of SAMC Section 2-153 to Clarify the Format of Community Meetings for Development Projects Required by the Sunshine Ordinance, Items to Provide to the City After a Community Meeting, and Timing of Providing Items to the City After a Community Meeting DISCUSSION Mayor Pro Tern Bacerra added the following councilmember requested item: In order to ensure that consistent information about a development project is provided to all participants of a community meeting, SAMC Section 2-153(g) should be revised to further clarify the components of a presentation and the manner in which they are presented, such as a single presentation during the community meeting. To provide further access to information to residents and stakeholders about a development project, the recording of the presentation provided during a community meeting should be added as an item that an applicant would be required to provide to the City after a community meeting in SAMC Section 2-153(h). The City would then post that video on the City's website along with relevant information about the proposed development project. Minimum audio and video quality standards should also be included in the revision to SAMC Section 2-153(h), including closed captioning. SAMC Section 2-153(b) indicates the penalty for the applicant failing to hold community meetings within the time stated in subsection (b). However, SAMC Section 2-153(h) does not state the penalty for an applicant who fails to provide the listed information within four days of the community meeting. Language should be added to SAMC Section 2-153 to clarify that not fulfilling the requirements in subsections (b) and (h) for the first community meeting after initial submittal of an application for administrative development project review would result in the City issuing a letter proclaiming the development application as incomplete and would delay the processing of an application for not fulfilling the requirements in subsections (b) and (h) for the second community meeting required by subsection (b). City Council 26 — 1 9/20/2022 Community Meetings for Certain Development Projects as Required by the Sunshine Ordinance September 20, 2022 Page 2 This item was discussed with Steven Mendoza, Assistant City Manager; Minh Thai, Executive Director of the Planning and Building Agency; and Sonia Carvalho, City Attorney. Submitted By: Mayor Pro Tern Phil Bacerra City Council 26 — 2 9/20/2022