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Agenda Packet_2024-12-17
City Council and Special Housing Authority Meeting Packet December 17. 2024 CLOSED SESSION MEETING - 5:00 PM REGULAR OPEN MEETING - 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Mayor Pro Tem — Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Benjamin Vazquez Councilmember - Ward 2 Phil Bacerra Councilmember - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Alvaro Nunez City Attorney City Manager Jennifer L. Hall City Clerk 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/agendas-and-minutes. City Council 1 12/17/2024 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 12/17/2024 Members of the public may attend the City Council meeting in -person or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment@santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start 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 — As a courtesy, 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) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 5:00 p.m. for Closed Session items and by 5:45 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. City Council 3 12/17/2024 The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in 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 and raise your hand BY 5:00 p.m. Speakers who are not in the speaker queue with their hand raised 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 and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion al espanol en las juntas del Consejo. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse al consejo municipal en el podio. 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 12/17/2024 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tern Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Alejandro Mora Casteneda v. City of Santa Ana, Samuel Esparza, Orange County Superior Court, Case No. 30-2023-01327336 B. Santa Ana Citizens for Responsible Development v. City of Santa Ana, et. al., Orange County Superior Court Case No. 30-2019-01119794 RECONVENE — City Council will reconvene to continue regular City business. City Council 5 12/17/2024 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROLL CALL PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall Mayor Amezcua Pastor Theodore Demetriades, Greenville Country Church ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to the Culture Center of Taipei Economic and Cultural Office in Los Angeles (Santa Ana) for Outstanding Contributions to the Community 2. Certificate of Recognition presented by Councilmember Bacerra to the Santa Ana College Football Team for their Western State Bowl Championship 3. Certificate of Recognition presented by Councilmember Lopez to the Orange County Rapid Response Network for Outstanding Contributions to the Community 4. Certificate of Recognition presented by Councilmember Vazquez to the Santa Ana High School Waterpolo Team for their First League Title in school history 5. Proclamation presented by City of Santa Ana honoring Tom Bystry in Recognition of his Retirement and 37 Years of Dedicated Service to the City of Santa Ana STAFF PRESENTATIONS 6. Orange County Sanitation District Presentation CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items. City Council 6 12/17/2024 I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 27 and waive reading of all resolutions and ordinances. 7. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 8. Minutes from the Regular Meetings of November 19, 2024 and December 3, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. 9. Re -Appoint Various Boards and Commissions Members Nominated by Mayor Amezcua as the Mayoral Representative for a Full Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint the following members and administer the Oaths of Office. 1. Dr. Maria (Susie) Lopez -Guerra — Arts and Culture Commission 2. Ana Laura Padilla — Community Development Commission 3. Mario Alvarado — Environmental and Transportation Advisory Commission 4. Irma Juaregui, Historic Resources Commission 5. Selica Diaz — Parks, Recreation, and Community Services Commission 6. Ernesto Gomez — Personnel Board 7. Christopher Leo — Planning Commission 8. Danny Vega — Police Oversight Commission 9. Timothy Johnson — Santa Ana 2018 Measure X Citizens' Oversight Committee 10. Wyatt Malfavon — Youth Commission 10. Re -Appoint Various Boards and Commissions Members Nominated by Councilmember Lopez as the Ward 3 Representative to a Full Term Expiring December 12, 2028 Department(s): City Clerk's Office Recommended Action: Appoint the following members and administer the Oaths of Office. 1. Debra Russell — Arts and Culture Commission (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes.) 2. Alfonso Ceja Villa — Community Development Commission 3. David Crockett — Personnel Board City Council 7 12/17/2024 4. Isuri Ramos — Planning Commission (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes.) 5. Alonzo Lugo — Santa Ana 2018 Measure X Citizens' Oversight Committee 6. Mercy Benitez — Youth Commission (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes.) 11. Appoint Lawrence Klein to the Environmental and Transportation Advisory Commission and Oscar Rodriguez to the 2018 Santa Ana Measure X Citizens' Oversight Committee Nominated by Councilmember Vazquez as the Ward 2 Representative for a Partial Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Lawrence Klein to the Environmental and Transportation Advisory Commission and Oscar Rodriguez to the 2018 Santa Ana Measure X Citizens' Oversight Committee as the Ward 2 representative and administer the Oaths of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes.) 12. Annual Development Impact Fee Report for Fiscal Year 2023-2024 Department(s): Public Works Agency Recommended Action: Receive and File. 13. Fiscal Year 2023-2024 General Fund Results Department(s): Finance and Management Services Recommended Action: 1. Receive and file this informational report. 2. Approve proposed General Fund appropriation adjustments as detailed in Exhibit 1 (Requires two-thirds vote). 14. Budget Calendar and Community Engagement Plan for Fiscal Year 2025-26 Department(s): Finance and Management Services Recommended Action: Approve the Budget Calendar and Community Engagement Plan for Fiscal Year 2025-26 (FY25-26). 15. Citywide Purchase Order to Daily Journal Corporation for Legal Notices, Public Awareness Advertising and Publishing Services (Specification No. 24-119) (General Fund and Non -General Fund) Department(s): Finance and Management Services Recommended Action: Award Citywide Purchase Order to Daily Journal Corporation for legal notices, public awareness advertising, and publishing services City Council 8 12/17/2024 for a term beginning on December 18, 2024 as part of the County agreement, and expiring September 14, 2028, in an amount not to exceed $1,000,000 based on the term and pricing. 16. Agreement with Mekong Printing Inc. dba MK Printing for Offset Printing Services (Specification No. 24-082A) (General Fund and Non -General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Mekong Printing Inc. dba MK Printing to provide offset printing services for a term beginning November 20, 2024 and expiring November 19, 2027, with provision for one, 2-year extension, in an amount not to exceed $500,000 (Agreement No. A-2024- XXX). 17. Agreement with Wittman Enterprises, LLC for Ambulance and Paramedic Billing and Collection Services (Specification No. 24-104) (General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Wittman Enterprises, LLC to provide ambulance and paramedic/medical billing and collection recovery services, based on a contingent collection fee rate of 3.75%, for a term beginning January 1, 2025 and expiring December 31, 2027, with provisions for three optional one-year extensions (Agreement No. A-2024-XXX). 18. Agreements with Dynamic Video Communications, LLC; JPW Communications, Inc.; Pegasus Studios; and TV Pro Gear, Inc., for Video Production and Technical Services Department(s): City Manager's Office Recommended Action: Authorize the City Manager to execute agreements with Dynamic Video Communications, LLC; JPW Communications, Inc.; Pegasus Studios; and TV Pro Gear, Inc., to provide on -call video production and technical services for video production of City Council meetings; other video productions including recorded event videos, live event videos, marketing and public service announcement (PSA) videos, animated videos, and social media video content; and audio/visual system design and equipment maintenance, for the period of January 1, 2025 through December 31, 2026, in a total aggregate amount not to exceed $600,000, with the option for the City to grant up to two (2), one (1) year renewals, exercisable in writing by the City Manager and the City Attorney (Core Agreement No. A-2024-XXX). 19. Agreement with CivicPlus, LLC for the use of CivicRec Recreation Registration Software (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with CivicPlus for use of their recreation software beginning December 1, 2024 through City Council 9 12/17/2024 December 16, 2025, with an option to extend for an additional year, for a total agreement amount not to exceed $50,000 (Agreement No. A-2024-XXX). 20. Purchase Order Contracts with Los Angeles Fencing Co. and Quality Fence Co. Inc. for Fence Rental, Purchase, and Installation Services (Specification No. 24-130A) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: Award aggregate Purchase Order Contracts to the vendors listed below for on -call fence rental, purchase, and installation services on an as - needed basis, in an annual aggregate amount not to exceed $1,000,000, for a term beginning December 17, 2024 and expiring December 16, 2026, with provisions for three additional one-year renewal options. Vendor Location Los Angeles Fencing Co. Ontario, CA Quality Fencing Co. Inc. Paramounty, CA 21. Agreements with Houston & Harris PCS, Inc., T.E. Roberts, Inc., and Paulus Engineering, Inc. for Emergency On -Call Water and Sewer Clean Up Services (Specification No. 24-054) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Houston & Harris PCS, Inc., T.E. Roberts, Inc., and Paulus Engineering, Inc. for emergency on -call water and sewer clean up services, for a term beginning January 1, 2025 and expiring December 31, 2027, with a provision for one, two year renewal, for a total aggregate amount not to exceed $775,000 for the term of the contract, including the optional renewal (Core Agreement No. A-2024-XXX). 22. Agreement with City Net to Provide Street Outreach and Engagement Services for Individuals Experiencing Homelessness (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc. dba City Net, in an annual amount not to exceed $3,750,420, for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program to provide homeless outreach services and non -emergency, non -medical dispatch services for homeless -related calls, for a one-year term from January 1, 2025 through December 31, 2025, with a one-year renewal option, for a total not -to - exceed amount of $7,500,840 for the entire agreement (Agreement No. 2024-XXX). 2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available. City Council 10 12/17/2024 23. Agreements with the County of Orange to Strengthen Regional Workforce Development Partnerships and Advancing Education -Industry Alignment through WIOA Initiatives (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with the County of Orange accepting grant funds of $110,000 to assist in the coordination and implementation of the Regional Equity and Recovery Partnership (RERP) grant for the period from December 17, 2024 to December 31, 2025, subject to non - substantive changes (Agreement No. A-2024-XXX). 2. Authorize the City Manager to execute an agreement with the County of Orange accepting grant funds of $30,000 for coordination of workforce efforts under the Regional Plan Implementation (RPI) 5.0 grant for the period of December 17, 2024 to March 31, 2025, subject to non -substantive changes (Agreement No. A-2024-XXX). 3. Approve an appropriation adjustment to recognize $30,000 in funds from Orange County Grant Revenue Federal Grant -Indirect account (no. 12418002-52001) and $110,000 from State Grant -Indirect account (no. 12418002-52027) and appropriating the same amounts to OC WIOA RPI 5.0 expenditure account (no. 12418750-various) and OC RERP expenditure account (no. 12418752-various), respectively. (Requires five affirmative votes) 24. Application for the State of California Department of Housing and Community Development Prohousing Incentive Program Department(s): Community Development Agency Recommended Action: 1. Adopt a resolution authorizing the City Manager to apply for up to $1 million in grant funding from the State of California Department of Housing and Community Development (HCD) Prohousing Incentive Program. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING INCENTIVE PROGRAM FUNDS 2. If awarded Prohousing Incentive Program grant funding from HCD, authorize the City Manager to execute an agreement with the State of California, in the form of HCD's "Standard Agreement," for receipt of the Prohousing Incentive Program grant funding for an amount up to $1 million, and any other documents required by HCD to secure the grant, if approved, as to form by the City Attorney. 25. Adopt a Resolution, Authorize Award Amendment, and Approve an Appropriation Adjustment Accepting Additional FY 2022 Urban Area Security Initiative Grant Program Funds (Non -General Fund) Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing and directing the City City Council 11 12/17/2024 Manager and the Chief of Police or their designee(s) to accept an additional $36,500 in FY 2022 Urban Area Security Initiative Funding, increasing the sub -recipient award from $1,927,800 to $1,964,300. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN AREA SECURITY INITIATIVE SUB -RECIPIENT FUNDING AND APPROPRIATION ADJUSTMENT 2. Approve an Appropriation Adjustment recognizing additional FY 2022 Urban Areas Security Initiative in the amount of $36,500 in revenue account and appropriate same in the FY 2022 Urban Areas Security Initiative Program Grant expenditure accounts. (Requires five affirmative votes) 3. Authorize the City Manager and Chief of Police to execute the Grant Sub -Recipient Award Amendment #2 with the City of Anaheim for the FY 2022 Urban Area Security Initiative Grant Program (Agreement No. 2024-XXX). 26. Resolution Approving the Submission of the Fiscal Year 2023-24 Measure M2 Year - End Expenditure Report Department(s): Public Works Agency Recommended Action: Adopt a resolution approving the Measure M2 Annual Expenditure Report for Fiscal Year 2023-24 and authorize submission of the report to the Orange County Transportation Authority as required by Measure M2 Funding Eligibility Guidelines. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA 27. Resolution Authorizing the Executive Director of the Public Works Agency to Execute Program Supplement Agreements with the State of California Department of Transportation as Required by Master Agreement No. 64SantaAnaMA and Approve Master Agreement for California State Transportation Agency Transit and Intercity Rail Capital Program No. 64SantaAnaMA to Secure Transit and Intercity Rail Capital Program Grant Funds Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a California State Transportation Agency Transit and Intercity Rail Capital Program Master Agreement No. 64SantaAnaMA for TIRCP-Funded Projects with the State of California Department of Transportation (Agreement No. A-2024-XXX). 2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute all program supplement agreements required by Master Agreement for California State Transportation Agency Transit and Intercity Rail Capital Program No. 64SantaAnaMA with the State of California Department of Transportation to reimburse the City for Transit and Intercity Rail Capital Program -Funded projects. City Council 12 12/17/2024 RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF PUBLIC WORKS AGENCY TO EXECUTE ALL PROGRAM SUPPLEMENT AGREEMENTS REQUIRED BY THE TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM (TIRCP) MASTER AGREEMENT NO. 64SANTAANAMA FOR TIRCP- FUNDED PROJECTS BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 28. Biennial Review and [Re]Appointment of Regional Board Representatives Department(s): City Clerk's Office Recommended Action: 1. Review the regional board appointment list and [re]appoint members and alternates to serve as representatives to various outside agencies through December 2026 (or specific term where noted) [Metropolitan Water District of Southern California (MWD), Newport Bay Watershed Executive Committee, Orange County Fire Authority (OCFA), Orange County Housing Finance Trust (OCHFT), Orange County Sanitation District (OC San), Orange County Water District (OCWD), Southern California Association of Governments (SCAG), Orange County Council of Governments (OCCOG), Santa Ana River Flood Protection Agency (SARFPA), Transportation Corridor Agencies (TCA)]. 2. Adopt a resolution designating and appointing a representative to the Orange County Fire Authority's Board of Directors, if necessary. RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS 3. Direct the City Clerk to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website. 29. Ordinance Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33 and Chapter 36 of the Santa Ana Municipal Code Department(s): Police Department Recommended Action: Conduct a first reading and adopt an ordinance adding and amending various articles and sections of the Santa Ana Municipal Code to prohibit conduct that interferes with public rights of access to public property to address City Council 13 12/17/2024 changes in the law brought by the City of Grants Pass, Oregon V. Johnson, et. al., 144 S. Ct. 2202 (2024): ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND ADDING PROVISIONS TO CHAPTER 10 (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE SANTA ANA MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS), AND CHAPTER 36 (TRAFFIC) TO PROHIBIT CONDUCT THAT INTERFERES WITH THE PUBLIC'S RIGHTS OF ACCESS TO PUBLIC PROPERTY AND TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024) 30. Uncodified Ordinance of the City Council of the City Of Santa Ana Amending the List of Replacement Parcels and Parcels Exempt From California Government Code Sections 65912.114 And 65912.124 Based On Written Findings Pursuant to California Government Code Sections 65912.114(i) and 65912.124(i) Department(s): Planning and Building Agency Recommended Action: 1. Adopt an uncodified ordinance amending the list of replacement parcels and parcels exempt from California Government Code Sections 65912.114 and 65912.124 based on written findings pursuant to California Government Code Sections 65912.114(i) and 65912.124(i). UNCODIFIED ORDINANCE NO. NS-XXXX entitled AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LIST OF REPLACEMENT PARCELS AND PARCELS EXEMPT FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) 2. Determine that adoption of this ordinance not subject to the California Environmental Quality Act (CEQA). Pursuant to California Government Code sections 65912.114(o' and 65912.124(o), adoption of an ordinance by a city implementing the provisions of AB 2011 is statutorily exempt. 31. Resolution Recognizing the Significant Concerns of the Community and the Family of Edgar Vargas Arzate Department(s): City Manager's Office Recommended Action: Adopt a resolution recognizing the significant concerns of the community and the family of Edgar Vargas Arzate. V2We] IL11I110101►IMrZ1YZS33:Miii[i[�'.I_\V�Ys]IL1119 Is] to] a9:IWe] 11111094161110[al IWe] 9 City Council 14 12/17/2024 THE CITY OF SANTA ANA RECOGNIZING THE SIGNIFICANT CONCERNS OF THE COMMUNITY AND THE FAMILY OF EDGAR VARGAS ARZATE AND REAFFIRMING THE CITY'S COMMITMENT TO JUSTICE, ACCOUNTABILITY, AND COMMUNITY RELATIONSHIPS **END OF BUSINESS CALENDAR** CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT — Adjourn the City Council meeting and convene to the Special Housing Authority meeting. Future Items 1. Selection of Mayor Pro Tern for Calendar Year 2025 2. Work Study Session for Downtown Parking Structures 3. Resolution for the Protection and Maintenance of the Japanese Garden and Tea House Structure POSTING STATEMENT: On December 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes. City Council 15 12/17/2024 SPECIAL HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Recording Secretary ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 3 and waive reading of all resolutions and ordinances. 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes of the Regular Meeting of August 6, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. 3. Housing Successor Annual Report for FY 2023-24 — Low and Moderate Income Housing Asset Fund Department(s): Community Development Agency Recommended Action: Receive and file. City Council 16 12/17/2024 **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT —Adjourn the Housing Authority meeting. POSTING STATEMENT: On December 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes. City Council 17 12/17/2024 DRAF 1 Minutes of the Regular Meeting of the City Council City of Santa Ana, California November 19, 2024 CLOSED SESSION MEETING - 4:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:13 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tern Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra (arrived at 4:24 P.M.), Hernandez (arrived at 4:25 P.M.), Lopez (arrived at 4:20 P.M.), Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. CITY COUNCIL 1 NOVEMBER 19, 2024 City Council 8-1 12/17/2024 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: City Clerk Jennifer L. Hall stated two email comments were received regarding Closed Session Agenda Item No. 3. The following speakers addressed the City Council in -person: 1. Tanya Navarro, Chispa, requested Sean Garcia be selected as the Independent Oversight Director. 2. Penelope Lopez, Chispa, spoke regarding transparency and Closed Session Agenda Item No. 3. The following speakers addressed the City Council via teleconference: 3. David Pulido, CSO Pulido, spoke regarding the candidates related to Closed Session Agenda Item No. 3. 4. Jennifer Rojas, Chispa, requested Sean Garcia be appointed as the Independent Oversight Director. 5. Abe requested Sean Garcia be appointed as the Independent Oversight Director. 6. Emma G, CSO Orange, requested Sean Garcia be appointed as the Independent Oversight Director. 7. Rain, CSO Orange, requested Sean Garcia be appointed as the Independent Oversight Director. 8. Diana, CSO Orange, requested Sean Garcia be appointed as the Independent Oversight Director. 9. Kayla Asato spoke regarding the candidates related to Closed Session Agenda Item No. 3. 10. Zoya Hajee requested Sean Garcia be appointed as the Independent Oversight Director. CITY COUNCIL 2 NOVEMBER 19, 2024 City Council 8-2 12/17/2024 RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: MayorAmezcua recessed to consider the Closed Session items at 4:35 P.M. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23-cv000504-DOC-KES B. Romero v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2022-01273032 C. Bertha Amezcua Padilla, et al. v. City of Santa Ana, et al., United States District Court Case No.: 8:22-cv-01326 KK (ADSx) MINUTES: Mayor Pro Tem Phan recused herself from Closed Session Agenda Item No. 1A as the listed entity, Share Our Selves Corporation, is a client of her employer, Rutan and Tucker. 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, Part -Time Non -Civil Service Employees 3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Independent Oversight Director to the Santa Ana Police Oversight Commission CLOSED SESSION REPORT —The City Attorney will reporton any action(s) from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL 3 NOVEMBER 19, 2024 City Council 8-3 12/17/2024 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council Meeting to order at 6:29 P.M. ATTENDANCE Councilmembers Mayor Pro Tern Mayor City Manager City Attorney City Clerk ROI I COI I Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION Victor Mendez Police Chaplain Bob Barnett ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced a revised ordinance for Agenda Item No. 32 to correct typographical and clerical changes. City Manager Alvaro Nunez requested a bifurcation of the middle managerial position for the Homeless Manager on the resolution for Agenda Item No. 24 and for Council to consider the remainder of the resolution. CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua to National Hispanic Business Women Association, in honor of National Women's Small Business Month MINUTES: Mayor Amezcua presented a proclamation to National Hispanic Business Women Association, in honor of National Women's Small Business Month. CITY COUNCIL 4 NOVEMBER 19, 2024 City Council 8-4 12/17/2024 2. Proclamation presented by Councilmember Bacerra to Hands Together — A Center for Children, in honor of their 25-year anniversary MINUTES: Councilmember Bacerra presented a proclamation to Hands Together — A Center for Children, in honor of their 25-year anniversary. 3. Certificate of Recognition presented by Councilmember Lopez to Hope Builders for their Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to Hope Builders for their outstanding contributions to the community. CLOSED SESSION REPORT —The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho announced a settlement agreement in the amount of $2, 998, 000 regarding Closed Session Item No. IC by a vote of 6-1 (Councilmember Hernandez dissenting) and she noted that the plaintiff has no relationship with the Mayor. She announced the City Council is moving forward with an interview of a candidate for the Independent Oversight Director to the Santa Ana Police Oversight Commission by a vote of 4-3 (Councilmembers Hernandez, Lopez and Vazquez dissenting). PUBLIC COMMENTS-- Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 15, one (1) Agenda Item No. 32, three (3) Agenda Item No. 33, and (10) non -agenda comments. The following speakers addressed City Council in -person: 1. Stephanie Mendez expressed concern regarding her mother's incident with her neighbor and public safety. 2. Tanyer Vakili spoke regarding homelessness. 3. Louise Gaiser thanked the community, the Police Department, and Fire Department for their hard work and efforts, and spoke regarding homelessness. 4. Nati Alvarado thanked the City and spoke regarding the Gang Intervention Prevention Grant. 5. Olivia Arzate (translation: Spanish) spoke regarding Agenda Item No. 36. 6. Carlos Perea spoke regarding Agenda Item No. 36. 7. Sandra De Anda spoke regarding Agenda Item No. 36. CITY COUNCIL 5 NOVEMBER 19, 2024 City Council 8-5 12/17/2024 8. Victor Mendez spoke regarding Agenda Item Nos. 8, 11, 32, 33, and 36. The following speakers addressed City Council via teleconference: 9. Fernando Deveras spoke regarding Agenda Item No. 33. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 31 and waive reading of all resolutions and ordinances. MINUTES: At 7:31 P.M., the Consent Calendar was considered. Councilmember Hernandez pulled Agenda Item Nos. 15 and 31 for separate discussion and consideration. Councilmember Bacerra pulled Agenda Item No. 7 for separate discussion and consideration. Councilmember Lopez pulled Agenda Item No. 7 for separate discussion and consideration. Mayor Pro Tem Phan recused herself from Agenda Item No. 11 as the listed entity, Families Forward, Inc., is a client of her employer, Rutan and Tucker. MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 4 through 31 with the exception of Agenda Item Nos. 7, 15, and 31 pulled for separate discussion and consideration, seconded by Councilmember Penaloza. MINUTES: City Clerk Jennifer L. Hall announced that pursuant to Government Code Section 54953 an oral summary of salary and benefits shall be made prior to final action of the Council on any local executive and stated Agenda Item No. 23 is the approval of a salary adjustment for the City Clerk increasing the annual salary from $182,320 to $195,083 and City -provided deferred compensation payment of the maximum normal contribution, effective October 15, 2024. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass CITY COUNCIL 6 NOVEMBER 19, 2024 City Council 8-6 12/17/2024 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Minutes from the Regular Meeting of October 1, 2024, the Regular Meeting of October 15, 2024, and the Special Meeting of October 28, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. 6. Appoint Alexandra Cheney Nominated by Councilmember Penaloza as the Ward 6 Representative to the Environmental and Transportation Advisory Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Alexandra Cheney to the Environmental and Transportation Advisory Commission as the Ward 6 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes) AGENDA ITEM NO. 7 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 7. Agreements Review and Approve the Annual Calendar of City Council Meetings for 2025 Department(s): City Clerk's Office Recommended Action: 1. Review calendar of regularly scheduled City Council meetings in 2025. 2. Cancel the regularly scheduled City Council meetings of January 7, 2025 and August 5, 2025. 3. Direct staff to post Notice(s) of Cancellation and waive notice to the City Council of said meetings as required by the Government Code MINUTES: Councilmember Bacerra proposed canceling the meeting of September 2, 2025 and add a meeting on August 25, 2025. Councilmember Lopez proposed canceling the September 2, 2025 and November 18, 2025 meetings. CITY COUNCIL 7 NOVEMBER 19, 2024 City Council 8-7 12/17/2024 Mayor Pro Tem Phan proposed canceling the July 1, 2025 and August 26, 2025 meetings and keeping the August 5, 2025 meeting. Councilmember Hernandez spoke in support of canceling the September 2, 2025 and November 18, 2025 meetings. Councilmember Penaloza spoke in support of canceling the September 2, 2025 and November 18, 2025 meetings, proposed cancelling December 16, 2025, and keeping the August 5, 2025 meeting. Brief discussion ensued regarding meeting conflicts with conferences. MOTION: Councilmember Lopez moved to approve the 2025 City Council meeting schedule, as amended to cancel the January 7, September 2, November 18, and December 16, 2025 meeting and to keep the August 5, 2025 meeting, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 8. Fiscal Year 2024-25 First Quarter Budget Update and Proposed Appropriation Adjustments Department(s): Finance and Management Services Recommended Action: 1. Receive and file the 1st Quarter Budget Update. 2. Approve $2.9 million in appropriation adjustments as detailed in the body of the report, including multiple restricted fund adjustments and one housekeeping adjustment to the General Fund with a net zero impact. (Requires five affirmative votes) CITY COUNCIL 8 NOVEMBER 19, 2024 City Council 8-8 12/17/2024 9. Appropriation Adjustment Recognizing Permanent Local Housing Allocation Round 4 (Non -General Fund) Department(s): Community Development Agency Recommended Action: Approve an appropriation adjustment recognizing $2,403,595 in funds from the State of California, into the Permanent Local Housing Allocation (PLHA) Program revenue account and appropriate the same amount into the PLHA Round 4 expenditure account to address homelessness in the City of Santa Ana. (Requires five affirmative votes) 10.Approve Appropriation Adjustment to Recognize the Bureau of Justice Assistance FY24 — Byrne Discretionary Community Project Grant Funds (Non -General Fund) Department(s): Community Development Agency Recommended Action: Approve appropriation adjustment to recognize a disbursement of $963,000 in funds from the Department of Justice — Office of Justice Programs, Bureau of Justice Assistance in revenue account (no. 12718002- 52000, Federal Grant -Direct) and appropriate the same amount to expenditure account (no. 12718700-69135, Payment to Subagent) to implement the Santa Ana Alternative Response Program. (Requires five affirmative votes) 11.Agreement with Families Forward, Inc. for the Administration of an Eviction Prevention Program (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Families Forward, Inc. to administer an Eviction Prevention Program for a one-year term beginning November 19, 2024 in an amount not to exceed $730,046 (Agreement No. A-2024-187). MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 11 as the listed entity, Families Forward, Inc., is a client of her employer, Rutan and Tucker. CITY COUNCIL 9 NOVEMBER 19, 2024 City Council 8-9 12/17/2024 MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 11, as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: MAYOR PRO TEM PHAN (recusal) ABSENT: NONE Status: 6 — 0 -1 — Pass 12. First Amendment to the Fiscal Year (FY) 2024-25 Emergency Solutions Grant (ESG) Subrecipient Agreement with Interval House and Orange County's United Way, as well as a New Memorandum of Understanding (MOU) with the Santa Ana Police Department for Street Outreach and Engagement Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a First Amendment to the FY 2024-25 ESG Subrecipient Agreement with Interval House to increase the amount of the agreement by $35,124 to provide additional emergency shelter and supportive services to survivors of domestic violence from the City of Santa Ana (Agreement No. A-2024-188). 2. Authorize the City Manager to execute a First Amendment to the FY 2024-25 ESG Subrecipient Agreement with Orange County's United Way to increase the amount of the agreement by $17,562 to conduct additional Homeless Management Information System (HMIS) data management (Agreement No. A-2024-189). 3. Authorize the City Manager to execute a new Memorandum of Understanding (MOU) with the Santa Ana Police Department (SAPD) for the Homeless Evaluation Assessment Response Team (H.E.A.R.T.) Program to serve Santa Ana residents experiencing homelessness through street outreach and engagement for a new total amount of $81,321. The total funding amount is comprised of $46,197 in FY 2024-25 ESG funds and a $35,124 reallocation from FY 2023-24 ESG funds (Agreement No. A-2024-190). CITY COUNCIL 10 NOVEMBER 19, 2024 City Council 8 — 10 12/17/2024 13.Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to Amend Hourly Rates Department(s): City Attorney's Office Recommended Action: Approve Second Amendment to Legal Services Agreement with Nathan & Kamionski LLP to amend the hourly rates: Partners from $350 to $325 and Paralegals from $150 to $125 (Agreement No. A-2024-191). 14.Grant Agreement and Appropriation Adjustment Recognizing Grant Revenue in the Amount of $13,627 for the California State Library Zip Books Project Department(s): Library Recommended Action: 1. Authorize the Library Services Director to execute a Grant Agreement via DocuSign, accepting grant funds from the California State Library in the amount of $13,627 for the FY 2024-25 Zip Books Project (Agreement No. A-2024-192). 2. Approve an appropriation adjustment recognizing $13,627 into the Library's Public Library Grant, State Grant -Direct revenue account and appropriate the same into the Public Library Grant, Books Records Videos expenditure account to implement the program. (Requires five affirmative votes) AGENDA ITEM NO. 15 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 15.Approve the Naming of a Park Located Between Fairview Street and King Street Department(s): Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission's adoption of a resolution approving Public Facilities Naming No. 2024-01 and recommend approval of the name "Artesia-Pilar Park" for the park located between Fairview Street and King Street. MINUTES: Councilmember Hernandez spoke regarding the historic Artesia Pilar neighborhood and proposed naming the park "La Artista Artesia Pilar Park." MOTION: Councilmember Hernandez moved to approve the name of "La Artista Artesia Pilar Park" for the park located between Fairview Street and King Street, seconded by Councilmember Bacerra. CITY COUNCIL 11 NOVEMBER 19, 2024 City Council 8 —11 12/17/2024 The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 16.Agreement for Park Host, Volunteer Acknowledgment, Release of Liability, Indemnity Agreement, and Waiver for Thornton Park Park Host Department(s): Parks, Recreation, and Community Services Recommended Action: Approve an agreement with Thornton Park park host to complete the pilot Park Host Volunteer Pilot Program by December 31, 2025 (Agreement No. A-2024-193). 17. Revised Grant Agreement with State of California Office of Traffic Safety ("OTS") (Non -General Fund) Department(s): Police Department Recommended Action: Receive and file the revised grant agreement with the State of California Office of Traffic Safety ("OTS") for the Selective Traffic Enforcement Program in an amount not to exceed $755,000 approved at the October 1, 2024 City Council meeting (Agreement No. A-2024-156). 18.Agreements with Elite Command Training Corporation, Utility Response Training Associates, LLC, and SenseMakers, LLC to Provide Training Services for the Urban Area Security Initiative Grant Program FY2022 - FY2026 (Specification Nos. 23-187A, 23-188A, 23-189A) (Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute three-year agreements, with two, one-year renewal options, with the following three vendors to provide on -going training deliverables to the Anaheim/Santa Ana Urban Area on an as -needed basis, for the three-year period of November 19, 2024 through November 18, 2027 with two optional one-year renewals, in an aggregate amount not to exceed $270,444 • Elite Command Training Corporation — total amount not to exceed $83,112 (Agreement No. A-2024-194); • Utility Response Training Associates, LLC — total amount not to exceed $62,982(Agreement No. A-2024-195); CITY COUNCIL 12 NOVEMBER 19, 2024 City Council 8 — 12 12/17/2024 SenseMakers, LLC — total amount not to exceed $124,350(Agreement No. A-2024-196). 19.Appropriation Adjustments to Recognize Special Gas Tax and Transportation System Improvement Area Funds Fund Balance and Amendments to the Fiscal Year 2024-25 Capital Improvement Program for Various Projects Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $200,000 of prior -year fund balance in Special Gas Tax, Prior Year Carry Forward revenue account and Select Street Construction, Transfer from Fund 029 revenue account, and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 expenditure account and HUTA 2103 Gas Tax, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $434,400 of prior -year fund balance in the New Transportation System Improvement Area E, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area E, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $5,100,000 in prior year fund balance in the Transportation System Improvement Authorization Area B, Prior Year Carry Forward revenue account, and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $200,000 of Special Gas Tax, HUTA 2103 Gas Tax funds for the 10th Street and Flower Street Project (Project No. 22-1342). 5. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $434,400 of New Transportation System Improvement Area E funds for the Warner Widening Phase 1 Project (Project No. 14-6802). 6. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $5,000,000 of Transportation System Improvement Authorization Area B funds for the Warner Phase 2 Widening Project (Project No. 18-6901). 7. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $100,000 of Transportation System Improvement Authorization Area B funds for the Warner Phase 2 Bikeway Project (Project No. 20-6971). CITY COUNCIL 13 NOVEMBER 19, 2024 City Council 8 — 13 12/17/2024 20. Purchase Order Contracts with Cali State Paving, Inc., Hardy & Harper, Inc., and Paveco Construction Inc. for On -Call Asphalt and Portland Cement Concrete Street Repairs (Specification No. 24-110) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award aggregate purchase order contracts to the vendors listed below for on -call asphalt and portland cement concrete street repairs on an as -needed basis, in an annual amount not to exceed $2,380,000, for an initial three- year term expiring November 18, 2027, with provisions for two, one-year renewal options. Vendor Location Cali State Paving, Inc. Riverside, CA Hardy & Harper, Inc. Lake Forest, CA Paveco Construction Inc. Riverside, CA 21.Award a Construction Contract to Towo Enterprise Inc. for the Alley Improvements Program (No. 24-6910)(General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,970,000, which includes $1,576,000 for the construction contract, $236,400 for contract administration, inspection, and testing, and a $157,600 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 2. Award a construction contract to Towo Enterprises Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $1,576,000, subject to change orders, for construction of the Alley Improvements Program (No. 24-6910), for a term beginning November 19, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 3. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-9 was filed for Project No. 24-6910. CITY COUNCIL 14 NOVEMBER 19, 2024 City Council 8 — 14 12/17/2024 22.Agreement with Sterling Health Services, Inc. for Affordable Care Act Compliance Services in an Amount Not to Exceed $50,000 (Non -General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an agreement with Sterling Health Services, Inc. to provide Affordable Care Act compliance services for three years, effective November 19, 2024 through October 31, 2027, with provisions for two optional one-year extensions, not to exceed $10,000 per year (Agreement No. A-2024-197). 23.Approve a Second Amendment to City Clerk Employment Agreement and Adopt a Resolution Approving the Council Appointee Salary Schedule Department(s): Human Resources Recommended Action: Approve a second amendment to the City Clerk Employment Agreement reflecting the positive City Clerk performance evaluation conducted on October 15, 2024 and approving an adjusted annual salary for the City Clerk and an increase in the amount of deferred compensation provided by the City (Agreement No. A-2024-198). 2. Adopt a resolution updating the City's Classification and Compensation Plan with the amended annual salary for City Clerk, and approving the Council Appointee Salary Schedule in compliance with the California Public Employees' Retirement System (CaIPERS) and Title 2 of the California Code of Regulations section 570.5. RESOLUTION NO. 2024-060 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN 24.Adopt a Resolution to Effect Certain Changes to the City's Basic Classification and Compensation Plan and Update the Salary Schedule for Santa Ana Management Association (SAMA) Department(s): Human Resources Recommended Action: Adopt a resolution to effect certain changes to the City's basic classification and compensation plan and to update the salary schedule for SAMA as requested by CaIPERS, and in compliance with CaIPERS California Code of Regulations section 570.5. CITY COUNCIL 15 NOVEMBER 19, 2024 City Council 8-15 12/17/2024 RESOLUTION NO. 2024-061 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN MINUTES: Approved as amended. 25.Conflict of Interest Code Amendments Department(s): City Clerk's Office Recommended Action: Adopt a resolution approving an amended Conflict of Interest Code for the City and its agencies and departments. RESOLUTION NO. 2024-062 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CONFLICT OF INTEREST CODE OF THE CITY AND VARIOUS AGENCIES AND DEPARTMENTS 26. Resolution and Appropriation Adjustment Accepting The James Irvine Foundation — Better Career's Public Sector Practice Change Grant Department(s): Community Development Agency Recommended Action: 1. Adopt a resolution to accept The James Irvine Foundation — Better Career's Public Sector Practice Change grant for $300,000 for a two-year term ending November 2026. RESOLUTION NO. 2024-063 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ACCEPTANCE OF GRANT FUNDS FROM THE IRVINE FOUNDATION TO IMPROVE COORDINATION, SERVICE DELIVERY, AND SUPPORT TO LOW-INCOME COMMUNITIES IN SANTA ANA 2. Authorize the City Manager, or designee, to sign and submit all documents including the initial agreement, and amendments which may be necessary for the completion of the project. 3. Approve an appropriation adjustment to recognize $300,000 in funds to James Irvine Foundation Grant -Other account (no. 13118002-52040) and appropriating the same amount into the James Irvine Foundation expenditure account (no. 13118700-various) (Requires five affirmative votes). CITY COUNCIL 16 NOVEMBER 19, 2024 City Council 8 — 16 12/17/2024 27. Resolution Authorizing a Reciprocal Agreement with the California Franchise Tax Board for the Exchange of Business License Tax Data Department(s): Finance and Management Services Recommended Action: Adopt a resolution authorizing a reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data. RESOLUTION NO. 2024-064 entitled A RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING A RECIPROCAL AGREEMENT WITH THE CALIFONIA FRANCHISE TAX BOARD FOR THE EXCHANGE OF BUSINESS LICENSE TAX DATA 2. Approve a non -financial reciprocal agreement with the California Franchise Tax Board for the exchange of business license tax data (Agreement No. A-2024- 199). 28. Resolution Approving the Acceptance of Contract Funds from the California Department of Social Services (CDSS) Department(s): Parks, Recreation, and Community Services Recommended Action: Adopt a resolution approving the acceptance of contract funds from CDSS for startup funding for after school care and full day camps for child care and development programming. RESOLUTION NO. 2024-065 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING CONTRACT FUNDS FROM THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR PROVISION OF CHILD CARE AND DEVELOPMENT SERVICES AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ANY AGREEMENTS OR AMENDMENTS THERETO THAT MAY BE NECESSARY 2. Approve the agreement with CDSS for child care and development programming (Agreement No. A-2024-200). 3. Approve an appropriation adjustment for program startup funding to recognize $915,583 from the CDSS in the PRCSA Revenue Account, Center Programs (13113002-53301) and appropriate the same amount in the PRCSA, Child Development Services expenditure accounts (13113251-various). (Requires five affirmative votes) 4. Adopt a resolution amending the current fiscal year 2024-2025 annual budget to adjust full-time positions in the Parks, Recreation, and Community Services Agency, including additions and a reallocation. (Requires five affirmative votes) CITY COUNCIL 17 NOVEMBER 19, 2024 City Council 8 — 17 12/17/2024 RESOLUTION NO. 2024-066 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 2024-2025 ANNUAL BUDGET TO ADD FULL-TIME POSITIONS IN THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY 29.Third One -Year Extension of Site Plan Review No. 2016-03 and Variance Nos. 2017-05 and 2017-06 for The Madison Mixed -Use Development Project Located at 200 North Cabrillo Park Drive Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution approving a third and final one-year extension of Site Plan Review No. 2016-03, Variance No. 2017-05, and Variance No. 2017-06 to December 31, 2025. RESOLUTION NO. 2024-067 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A THIRD ONE-YEAR EXTENSION OF SITE PLAN REVIEW NO. 2016-03, VARIANCE NO. 2017-05, AND VARIANCE NO. 2017-06 FOR THE MADISON MIXED -USE DEVELOPMENT LOCATED AT 200 NORTH CABRILLO PARK DRIVE 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. 30.Third One -Year Extension of Site Plan Review No. 2020-03 and Variance No. 2020-06 for the 4th and Mortimer Mixed -Use Development Project Located at 409 and 509 East Fourth Street Department(s): Planning and Building Agency Recommended Action: Adopt a resolution approving a third and final one-year extension of Site Plan Review No. 2020-03 and Variance No. 2020-06 to December 15, 2025. RESOLUTION NO. 2024-068 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A THIRD ONE-YEAR EXTENSION OF SITE PLAN REVIEW 2020-03 AND VARIANCE NO. 2020-06 FOR THE 4TH AND MORTIMER MIXED -USE DEVELOPMENT LOCATED AT 409 AND 509 EAST FOURTH STREET CITY COUNCIL 18 NOVEMBER 19, 2024 City Council 8 — 18 12/17/2024 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuant to Section 15061(b)(3). This determination has been made as it has been determined that the proposed action to extend the existing, approved entitlement does not have the potential to cause a significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA. AGENDA ITEM NO. 31 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 31. Resolutions Authorizing Grant Applications for the Fiscal Year 2025-26 Measure M2 Comprehensive Transportation Funding Program (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Adopt resolutions authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2025-26 Call for Projects. RESOLUTION NO. 2024-069 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM RESOLUTION NO. 2024-070 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM 2. Direct staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven -Year Capital Improvement Program for Fiscal Year 2025-26. MINUTES: Councilmember Hernandez spoke in support of the item. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 31, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: CITY COUNCIL 19 NOVEMBER 19, 2024 City Council 8-19 12/17/2024 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass *END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 7:50 P.M., the Business Calendar was considered. 32.Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code Department(s): Police Department Recommended Action: Conduct a first reading and adopt an ordinance adding and amending various articles and sections of the Santa Ana Municipal Code to prohibit conduct that interferes with public rights of access to public property to address changes in the law brought by the City of Grants Pass, Oregon v. Johnson, et. al., 144 S. Ct. 2202 (2024): ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XIV (PROHIBITING INTERFERENCE WITH AND ACCESS TO PUBLIC PROPERTY) TO CHAPTER 10 (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE SANTA ANA MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 10, CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS, AND CHAPTER 36 (TRAFFIC) TO PROHIBIT CONDUCT THAT INTERFERES WITH PUBLIC RIGHTS OF ACCESS TO PUBLIC PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024) MINUTES: Acting Police Chief Robert Rodriguez gave a presentation regarding the municipal code update amendments to Chapters 10, 31, 33, and 36 and adding Chapter 10 Article 14. Councilmember Bacerra spoke in support of the item and inquired with City Attorney Sonia Carvalho regarding possible restrictions in modifying the following sections: 10-851(h)(6) and (7) and 10-100(a)(6) and (7) to increase the distance listed from 10 feet to 20 feet. CITY COUNCIL 20 NOVEMBER 19, 2024 City Council 8-20 12/17/2024 MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 32, as amended, to increase the distance listed from 10 feet to 20 feet, seconded by Mayor Amezcua. MINUTES: City Attorney Sonia Carvalho stated that she was not aware of any legal restrictions that would prevent the section modification. Mayor Amezcua spoke in support of the Item No. 32. Councilmember Penaloza spoke in support of Item No. 32. Councilmember Vazquez spoke regarding homelessness, possible legal action against the Orange County Sheriff's Department, increasing the number of Quality of Life Teams (QOLT) serving the City, and in opposition to Item No. 32. Councilmember Penaloza recommended Council send an official letter to the office of Orange County Supervisor Sarmiento requesting a policy change with the OC Sheriff's Department. Councilmember Hernandez spoke regarding a collaborative approach to homelessness, OC Sheriff's enforcement, and in opposition to Item No. 32. Council discussion ensued regarding homelessness, prioritizing residents, and public safety. Mayor Pro Tem Phan requested the removal of the following language from section 10-401(a): • Use of vehicle for human habitation • To live in a vehicle • the person having with them pillows, blankets, and medical waste that is stores in buckets, bottles, or similar containers 10-104 (c) • Hammocks Section 10-851(e) • Removable chair and cooler Modify Section 10-852(d) to make it a requirement for officers to offer treatment. Remove Section 10-852(e) Councilmember Hernandez directed everyone to the following link. https://www. santa-ana. org/homeless-services-data-dashboard/ and discussed the available data. CITY COUNCIL 21 NOVEMBER 19, 2024 City Council 8 — 21 12/17/2024 City Manager Alvaro Nunez spoke regarding homeless shelters, the disparity in services provided by the City in comparison to other cities in the county, and addressed Councilmember Hernandez's concerns. Councilmember Bacerra spoke regarding the large number of homeless who are not native to the City and spoke in opposition to Mayor Pro Tem Phan's proposed amendments. Discussion ensued regarding homelessness data in the City. Councilmember Lopez spoke regarding the mySantaAna App, thanked staff for all of their hard work towards addressing the ongoing homeless crisis, and echoed Mayor Pro Tem Phan's comments on camping in vehicles. She requested clarification regarding the "citing officer," spoke in support of removing Section 10- 403 (e), inquired about substance abuse treatment available to the City's residents, and requested the language in 10-852(d) be amended to ensure it is mandatory. Councilmember Penaloza suggested to continue the item to the next council meeting. Mayor Pro Tem Phan requested that the language in Section 10-852(d) be amended to require officers to offer substance abuse treatment to Santa Ana residents only. She requested clarifying language in Sections 33-113(b) and (c), and requested to strike "sitting" from Sections 33-113(b) and strike section (c). Mayor Amezcua thanked staff for maintaining the City's bus benches, spoke in support of officers ability to appropriately use their discretion to enforce violations, and homeless shelter availability. Councilmember Lopez requested Section 10-550 be amended to include language encompassing all service animals, not just dogs, requested clarifying language in Section 10-851(e), and she asked that staff take the lives of the City's residents into account when drafting the amended ordinance. Councilmember Bacerra requested that at the next City Council meeting, staff provide a list and breakdown of each councilmember's requested amendments. City Attorney Sonia Carvalho stated that she will take all of Council's comments into consideration when reworking the ordinance and will work with staff to bring back a recommendation. Given the number of requested amendments, City Manager Alvaro Nunez requested 30 days to rework the ordinance and present it to Council at the December 17, 2024 meeting. CITY COUNCIL 22 NOVEMBER 19, 2024 City Council 8 — 22 12/17/2024 SUBSTITUTE MOTION: Councilmember Penaloza to continue the item to the City Council meeting of December 17, 2024 seconded by Councilmember Bacerra. The substitute motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER VAZQUEZ ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass RF(.FRR MINUTES: Mayor Amezcua recessed the City Council meeting at 9:23 P. M. RECONVENE MINUTES: Mayor Amezcua reconvened the City Council meeting to order at 9:40 P.M. 33.Investigation Regarding Councilmember Johnathan Ryan Hernandez (Continued from the Special Meeting of October 28, 2024; Item No. 1) Department(s): City Manager's Office Recommended Action: Discuss and Address Potential Remedies Regarding the Investigator's Sustained Findings Regarding Councilmember Johnathan Ryan Hernandez and Take Potential Action or Direct Staff Accordingly. MOTION: Councilmember Lopez moved to receive and file the investigation report, seconded by Councilmember Penaloza. MINUTES: Mayor Pro Tem Phan spoke regarding the investigation report, requested that Councilmember Hernandez attend training related to working with staff, and that he recuse himself from the appointment of Mayor Pro Tern for one year. MINUTES: Councilmember Bacerra requested a formal censure and Councilmember Hernandez be removed from all boards, commissions, and committees he currently serves on. Councilmember Lopez spoke regarding the lack of consistency regarding Council's processes. CITY COUNCIL 23 NOVEMBER 19, 2024 City Council 8 — 23 12/17/2024 SUBSTITUTE MOTION: Mayor Pro Tern Phan moved to receive and file the investigation report, require training related to working with staff, and to have Councilmember Hernandez not be eligible to serve as Mayor Pro Tern for one- year, seconded by Councilmember Penaloza. The substitute motion carried, 4-2-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ ABSTAIN: COUNCILMEMBER HERNANDEZ ABSENT: NONE Status: 4 — 2 - 1— Pass **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS-- Members of the public may address the City Council on each of the Public Hearing items. MINUTES: At 9:57 P.M., Public Hearings were considered. 34.Public Hearing - Appeal Application No. 2024-01, Appealing the Decision of the Planning Commission to Approve Conditional Use Permit (CUP) No. 2022- 06 Allowing the Construction of an Accessory Structure within the Rear Yard of an Existing Single -Family Residence Located at 2221 North Heliotrope Drive (APNs: 002-081-45 And 002-081-46) Legal notice published in the OC Reporter on November 6, 2024 and mailed on November 7, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution denying Appeal Application No. 2024-01, upholding the Planning Commission's approval of a resolution to approve Conditional Use Permit (CUP) No. 2022-06 to allow the construction of an accessory structure within the rear yard of an existing single-family residence located at 2221 North Heliotrope Drive (APNs: 002-081-45 and 002-081-46). CITY COUNCIL 24 NOVEMBER 19, 2024 City Council 8 — 24 12/17/2024 RESOLUTION NO. 2024-071 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2024-01 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 2022-06 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF AN ACCESSORY STRUCTURE EXCEEDING FIFTEEN FEET IN HEIGHT WITHIN THE REAR YARD OF THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE (APN: 002-081-45 AND 002-081-46) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3-New Construction or Conversion of Small Structures) because the project involves the construction of a small accessory structure. MINUTES: Planning and Building Executive Director Minh Thai gave a presentation regarding the Appeal Application No. 2024-01, appealing approval of Conditional Use Permit No. 2022-06 for property located at 2221 North Heliotrope Dr. Mayor Pro Tem Phan recorded that she has corresponded with the applicant and is familiar with the family. Mayor Amezcua reported that she has visited the property. Councilmember Lopez spoke regarding correspondence the applicant submitted to her office. Mayor Amezcua opened the Public Hearing a 10:03 P.M. City Clerk Jennifer L. Hall reported out the summary of (13) email comments received. The following speakers addressed the City Council in -person: I. Quynh Kieu, Applicant, stated she does not intend to make her home a museum, spoke regarding preserving the historical nature of Floral Park, high school visits to the property, and in support of the proposed resolution. 2. Peter Christoffersen, Appellant, expressed concern regarding the approval of the conditional use permit. 3. Bryan Zada spoke regarding Project Vietnam and that as the future executor of the estate he has no intention to make the property a cultural center. 4. Denise Silva expressed concern regarding traffic caused by the property, zoning issues, preserving history, and spoke in opposition to the approval of the conditional use permit. CITY COUNCIL 25 NOVEMBER 19, 2024 City Council 8 — 25 12/17/2024 5. Mike Silva expressed concern regarding the size of the structure, traffic, and spoke in opposition to the approval of the conditional use permit. 6. Angel Barnes expressed concern regarding the size of the structure and spoke in opposition to the approval of the conditional use permit. 7. Ed Murashie expressed concern regarding the size of the structure, the Planning Commission's decision, and spoke in opposition to the approval of the conditional use permit. 8. Maureen Lukaszewski expressed concern regarding the size of the structure and spoke in opposition to the approval of the conditional use permit. 9. Diana Christoffersen expressed concern regarding the size of the structure and previous code violations by the property owners. 10. Annie Burns expressed concern regarding the size of the structure and spoke in opposition to the approval of the conditional use permit. 11. Erwin Schauwecker spoke in opposition to the approval of the conditional use permit. 12. Ellen Roldewey spoke in opposition to the approval of the conditional use permit. 13. Laszlo Biro spoke in opposition to the approval of the conditional use permit. 14. Dr. Michael Hirsch spoke in opposition to the approval of the conditional use permit and requested the main house on the property be restored and maintained before adding additional structures. 15. Louise Hoffman spoke in opposition to the approval of the conditional use permit. 16. Stacey Kato spoke regarding previous building code violations by the applicant. 17. Tracy Nguyen spoke in support of the project. 18. Dean McCleskey spoke in support of the project. 19. Miguel Pulido spoke in support of the project. The following speaker addressed the City Council via teleconference: 20. Manny Escamilla requested landmark structures go to the Historic Resource Commission prior to the Planning Commission and spoke in support of the project. CITY COUNCIL 26 NOVEMBER 19, 2024 City Council 8 — 26 12/17/2024 Continued in -person comments: 21. Peter Christoffersen, Appellant, provided a rebuttal to the comments made in support of the conditional use permit and requested Council take all of the facts into account when making their final decision. 22. Quynh Kieu, Applicant, provided a rebuttal to the comments made in opposition to the approval of the conditional use permit. City Attorney Sonia Carvalho announced that pursuant to Resolution No. 2023-047 all meetings are scheduled to terminate at 11:59 P.M. on the same day it began and at 11:00 P.M. the City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 11:59 P.M. and will continue all other items. MOTION: Councilmember Bacerra moved to consider the public hearing items and continue the remaining items to the next City Council meeting. SUBSTITUTE MOTION: Councilmember Hernandez moved to approve Agenda Item No. 34 and continue the remaining items to the next meeting, seconded by Mayor Amezcua. SUBSTITUTE MOTION: Councilmember Vazquez moved to consider Item Nos. 34 and 36 and continue the remaining items to the next City Council meeting. MINUTES: There being no additional speakers, Mayor Amezcua closed the Public Hearing at 11:04 P.M. Mayor Pro Tem Phan inquired about any complaints received related to traffic and unpermitted events in the neighborhood. Councilmember Penaloza spoke in support of the project. Councilmember Bacerra spoke regarding the architectural style of the home, stated the structure does not belong in the neighborhood, and proposed additional landscaping conditions. MOTION: Mayor Pro Tern Phan moved to approve the recommended action for Agenda Item No. 34, seconded by Councilmember Penaloza. The motion carried, 6-1, by the following roll call vote: CITY COUNCIL 27 NOVEMBER 19, 2024 City Council 8 — 27 12/17/2024 AYES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER BACERRA ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass MOTION: Councilmember Hernandez moved to continue the remaining items to the next Council meeting, seconded by Mayor Amezcua. SUBSTITUTE MOTION: Councilmember Hernandez moved to address Councilmember requested items and continue the remaining items to the next meeting, seconded by Councilmember Vazquez. SUBSTITUTE MOTION: Councilmember Bacerra moved to consider the entirety of the agenda, seconded by Councilmember Penaloza. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER LOPEZ ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass 35. Public Hearing — Conduct a First Reading and Adopt Ordinance Amendment (OA) No. 2024-04 Repealing and Reenacting in its Entirety Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) Prohibiting Short -Term Rentals (STRs), and Adopt Enhanced Fines for Violations of the Short -Term Rentals Ordinance Published in the OC Reporter on November 8, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Introduce for first reading an ordinance (OA No. 2024-04) amending the Santa Ana Municipal Code (SAMC) to repeal and reenact in its entirety Article XXI to Chapter 8 of the SAMC prohibiting Short -Term Rentals. CITY COUNCIL 28 NOVEMBER 19, 2024 City Council 8 — 28 12/17/2024 ORDINANCE NO. NS-3072 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORT-TERM RENTALS 2. Adopt a resolution setting administrative fines for violating provisions of the Santa Ana Municipal Code. RESOLUTION NO. 2024-072 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF THE SANTA ANA MUNICIPAL CODE 3. Find that, in accordance with the California Environmental Quality Act (CEQA), based on the substantial evidence set forth in the record, including but not limited to the General Plan Update Final Program Environmental Impact Report (State Clearinghouse No. 2020029087) and the Addendum prepared for adoption of the proposed Ordinance and Resolution, the project is exempt from further environmental analysis. In the alternative, the adoption of the Ordinance and Resolution is categorically exempt pursuant to State CEQA Guidelines section 15301 — Class 1, Existing Facilities. MINUTES: Mayor Amezcua opened the Public Hearing a 11:22 P.M. and announced that public comments have been limited to two minutes. City Clerk Jennifer L. Hall reported out the summary of (14) email comments received. The following speakers addressed the City Council in -person: 1. Cenorino Gomez (translation: Spanish) spoke in support of the item. 2. Jeremy LeClair spoke in opposition to the item. 3. Sheri Menke spoke in opposition to the item. 4. Ana Gomez spoke in opposition to the item. 5. Richard Austin spoke in opposition to the item. 6. Maura O'Neil spoke in support of the item. 7. Marisela Alfora (translation: Spanish) spoke in opposition to the item. 8. Ynai Brice spoke in support of the item. 9. Teresa Garcia (translation: Spanish) spoke in support of the item. CITY COUNCIL 29 NOVEMBER 19, 2024 City Council 8 — 29 12/17/2024 10. Ana Sarahi Banales (translation: Spanish) spoke in support of the item. 11. Jimena Baculima (translation: Spanish) spoke in support of the item. 12. Juan Pedro (translation: Spanish) spoke in support of the item. 13. Dave Wong spoke in opposition to the item. 14. Leticia Vallejo spoke in support of the item. 15. Estefany Castaneda spoke in support of the item. 16. Miguel Bautista spoke in support of the item. 17. Maria Mazariegos (translation: Spanish) spoke in support of the item. 18. Anh Nguyen spoke in support of the item. The following speaker addressed the City Council via teleconference: 19. Reverend Wesley Menke spoke in opposition to the item. There being no additional speakers, Mayor Amezcua closed the Public Hearing at 11:56 P.M. MOTION: Councilmember Bacerra moved to approve the recommended action for Agenda Item No. 35, seconded by Councilmember Hernandez. MINUTES: Councilmember Lopez asked for clarification regarding data provided by staff. Planning and Building Executive Director Minh Thai provided clarification and spoke regarding the reason for the re -adoption of the ordinance. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN NOES: MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass **END OF PUBLIC HEARINGS** CITY COUNCIL 30 NOVEMBER 19, 2024 City Council 8 — 30 12/17/2024 COUNCILMEMBER REQUESTED ITEM 36. Discuss Consider Directing the City Manager, City Attorney, and City Clerk to Draft a Resolution Issuing a Formal Apology to the Family of Edgar Vargas, an Undocumented Young Man, who was a Victim of Police Misconduct in 2014 Which Resulted in his Wrongful Transfer to U.S. Immigration and Customs Enforcement (ICE) — Councilmember Vazquez MINUTES: Councilmember Vazquez spoke regarding the Edgar Vargas' incident. Councilmember Hernandez expressed support for the item. Mayor Amezcua expressed her condolences to the mother of Edgar Vargas and proposed this item be given to the Police Oversight Commission. She briefly spoke regarding the investigation report handled in 2014 and spoke in opposition to the item. Mayor Pro Tem Phan spoke in support of the item and requested a resolution be brought back to the City Council. Councilmember Lopez echoed previous comments. Councilmember Penaloza requested the item come back to the City Council. Councilmember Bacerra stated this item was already investigated and should not be brought back for discussion. 37. Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Prepare an Ordinance Prohibiting Contracts with City Officials and their Immediate Family Members — Councilmember Lopez MINUTES: Councilmember Lopez requested an ordinance prohibiting contracts with city officials and their immediate family members be brought to the City Council for consideration and spoke regarding corruption. Mayor Amezcua spoke in support of the item and requested additional elected officials be added to the report. She requested staff look into all contracts. Councilmember Hernandez spoke in support of the item. Councilmember Penaloza requested the item come back to the City Council and requested a receive and file related to the City Council's discretionary fund be added to the item when it comes back for consideration. CITY COUNCIL 31 NOVEMBER 19, 2024 City Council 8 — 31 12/17/2024 CITY MANAGER COMMENTS MINUTES: None. 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. MINUTES: Councilmember Bacerra requested the meeting be adjourned in memory of former Mayor and Congressman Jerry Patterson. ADJOURNMENT —Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of former Congressman Jerry Patterson and her grandmother Linda, at 12:22 A.M. on November 20, 2024. Respectfully submitted: Jennifer L. Hall, CIVIC City Clerk CITY COUNCIL 32 NOVEMBER 19, 2024 City Council 8 — 32 12/17/2024 DRAF 1 Minutes of the Regular Meeting of the City Council City of Santa Ana, California December 3, 2024 CLOSED SESSION MEETING - 5:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 5:13 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tern Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Hernandez and Penaloza arrived during Closed Session. Councilmember Lopez was absent. CITY COUNCIL 1 DECEMBER 3, 2024 City Council 8 — 33 12/17/2024 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: None. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 5:15 P.M. 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 REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Property: 1920-2002 W. First Street, APN 007-332-04 & 007-332-05 Agency Negotiator: Nabil Saba, Executive Director of Public Works Negotiating Parties: Kacey Taormina, Broker Associate Under Negotiation: Price and Terms of Payment CLOSED SESSION REPORT —The City Attorneywill report on any action(s) from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua convened the City Council Meeting to orderat 5:56 P.M. ATTENDANCE Councilmembers Mayor Pro Tern Mayor Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua CITY COUNCIL 2 DECEMBER 3, 2024 City Council 8 — 34 12/17/2024 City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez (arrived at 6:00 P.M.), Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE WORDS OF INSPIRATION Wyatt Malfavon Police Chaplain Bob Barnett ADDITIONS\DELETIONS TO THE AGENDA MINUTES: None. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Encompass for their Outstanding Contributions to the Community MINUTES: Mayor Amezcua presented a certificate of recognition to Encompass for their outstanding contributions to the community. 2. Certificate of Recognition presented by Councilmember Lopez to Access California Services for their Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to Access California Services for their outstanding contributions to the community. STAFF PRESENTATIONS 3. Youth Commission Introductions and Update MINUTES: Parks, Recreation, and Community Services Executive Director Hawk Scott gave a presentation regarding the Youth Commission. The Youth Commissioners introduced themselves. CLOSED SESSION REPORT —The City Attorney will reporton any action(s) from Closed Session. MINUTES: None. CITY COUNCIL 3 DECEMBER 3, 2024 City Council 8 — 35 12/17/2024 PUBLIC COMMENTS-- Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: (4) Agenda Item No. 15 comments and (14) Non -Agenda comments. The following speakers addressed City Council in -person: 1. Mike Tardif spoke regarding the impacts of the Transit Zoning Code. 2. Jason Rush echoed previous comments. The following speakers addressed City Council via teleconference: 3. Patty De Santos spoke regarding the Related Bristol Oversight Committee and community funds. 4. Ana Gomez spoke in opposition to Agenda Item No. 15. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 15 and waive reading of all resolutions and ordinances. MINUTES: At 6:43 P.M., the Consent Calendar was considered. Councilmember Hernandez requested to comment on Agenda Item No. 9 and pulled Agenda Item No. 13 for separate discussion and consideration. Mayor Amezcua pulled Agenda Item No. 9 for separate discussion and consideration and announced a "no" vote on Agenda Item No. 15. MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 4 through 15 with the exception of Agenda Item Nos. 9 and 13 pulled for separate discussion and consideration, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass CITY COUNCIL 4 DECEMBER 3, 2024 City Council 8 — 36 12/17/2024 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Receive and File Quarterly Report of Investments as of September 30, 2024 Department(s): Finance and Management Services Recommended Action: Receive and file. 6. Receive and File Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between July 1, 2024 to September 30, 2024. 7. Receive and File the American Rescue Plan Act (ARPA) Project Update Department(s): Finance and Management Services Recommended Action: Receive and file the American Rescue Plan Act (ARPA) project update demonstrating that the City has obligated the entire funding allocation by the deadline of December 31, 2024. 8. Agreement with Benefit Financial Services Group for Administrative, Investment, and Communication Advisory Services Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Benefit Financial Services Group ("BFSG") for administrative, investment, and communication advisory services for a total aggregate amount not -to -exceed $175,000 for a three-year term beginning January 1, 2025, and expiring December 31, 2027, with a provision for a two-year extension (Agreement No. A-2024-201). AGENDA ITEM NO. 9 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 9. Agreement with Rattle Tech LLC for the Implementation of a Citizen Request Mobile App and Backend Work Management System (Specification No. 24- 099A) (General Fund and Non -General Fund) (Revive Santa Ana) CITY COUNCIL 5 DECEMBER 3, 2024 City Council 8 — 37 12/17/2024 Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with Rattle Tech, LLC for Civita App community engagement platform and professional services, for an amount not to exceed $100,000 annually, for a total aggregate amount not to exceed $500,000, for an initial one-year term beginning January 1, 2025, with provisions for four optional one-year renewals (Agreement No. A-2024- 202). MINUTES: Mayor Amezcua spoke in support of the item. Councilmember Hernandez spoke in support of the item. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 9, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 10. First Amendment to Agreement with Allied Universal Janitorial Services (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Allied Universal Executive Protection and Intelligence Services, Inc. dba Allied Universal Janitorial Services to provide janitorial services at the Police Department in the additional amount of $739,123, for a total aggregate amount not to exceed $2,972,646 through October 31, 2025 (Agreement No. A-2024-203). 11.Amend Purchase and Sale Agreement with Santana Green Development, LLC to Extend the Deadline to Open Business at 2235 South Bristol Street by 18 Months Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Santana Green Development, LLC to extend the CITY COUNCIL 6 DECEMBER 3, 2024 City Council 8 — 38 12/17/2024 deadline to open for business to the public a drive-thru restaurant or fuel station with integrated electric vehicle charging station at 2235 South Bristol Street by 18 months (Agreement No. A-2024-204). 12. Municipal Facilities License Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California Limited Partnership Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California limited partnership, for the use of street lights for the installation of wireless devices other than small cell for a ten-year period, with provisions for two automatic five-year extensions (Agreement No. A-2024-205). AGENDA ITEM NO. 13 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 13.Agreement with RMF Contracting, Inc. dba R&M Electrical Contracting to Provide Lighting at Angels Park (No. 22-1421), Centennial Park (No. 22-1422), and Delhi Park (No. 22-1423) (Non -General Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $187,665 of accumulated fund balance in Acquisition and Development, Prior Year Carry Forward revenue account (31213002-50001) that will be appropriated for spending in the Acquisition and Development, Improvements Other Than Buildings expenditure account (31213260-66220). (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $82,058 of accumulated fund balance in Acquisition and Development, Prior Year Carry Forward revenue account (31313002-50001) that will be appropriated for spending in the Acquisition and Development, Improvements Other Than Buildings expenditure account (31313260-66220). (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $29,066 of accumulated fund balance in Acquisition and Development, Prior Year Carry Forward revenue account (31413002-50001) that will be appropriated for spending in the Acquisition and Development, Improvements Other Than Buildings expenditure account (31413260-66220) (Requires five affirmative votes). 4. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $1,748,789 in construction funds for the Angels Park Lights (Project No. 22-1421), Centennial Park Lights (Project No. 22-1422), and Delhi Park Lights (Project No. 22-1423) funded by the American Rescue Plan Act (ARPA). CITY COUNCIL 7 DECEMBER 3, 2024 City Council 8 — 39 12/17/2024 Award an agreement with RMF Contracting, Inc. dba R&M Electrical Contracting to provide Lighting at Angels Park, Centennial Park, and Delhi Park, in an amount of $1,589,808, with a contingency of $158,981 for a total estimated project delivery cost of $1,748,789, beginning December 3, 2024 and expiring December 2, 2027, with the option for one, two-year extension (Agreement No. A-2024-206). 6. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2024-103 was filed for this project. MINUTES: Councilmember Hernandez spoke in support of the item. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 13, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass 14. Resolution Approving Revisions to the City's Municipal Securities Continuing Disclosure Policy And Procedures Department(s): Finance and Management Services Recommended Action: Adopt a resolution approving revisions to the City's Municipal Securities Continuing Disclosure Policy and Procedures RESOLUTION NO. 2024-073 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISIONS TO THE MUNICIPAL SECURITIES DISCLOSURE POLICY AND PROCEDURES 15. Second Reading of Ordinance Amendment (OA) No. 2024-04 Repealing and Reenacting in its Entirety Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) Prohibiting Short -Term Rentals (STRs) First reading November 19, 2024 City Council meeting and approved by a vote of 6-1 (Mayor Amezcua dissenting) Department(s): Planning and Building Agency CITY COUNCIL 8 DECEMBER 3, 2024 City Council 8 — 40 12/17/2024 Recommended Action: Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting Short -Term Rentals. ORDINANCE NO. NS-3072 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORT-TERM RENTALS MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 15, as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN NOES: MAYOR AMEZCUA ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass *END OF CONSENT CALENDAR** CITY MANAGER COMMENTS MINUTES: None. 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. MINUTES: Councilmember Hernandez thanked and wished everyone Happy Holidays, spoke regarding Thanksgiving Dinner provided to the community, announced Toy Giveaway and posada provided by Artesia Pillar Neighborhood Association and additional neighborhood events, and thanked the City Manager for all his hard work and efforts. He requested staff work with Neutral Ground. Councilmember Vazquez spoke regarding being blessed and stated Santa Ana is a Sanctuary City. Councilmember Bacerra reported that he did not go to Sacramento and announced community office hours at Griset Park at 10:00 A.M. on Saturday, December 7, 2024, thanked the Southwest Carpenters for assisting in refurbishing the sign at Griset Park, CITY COUNCIL 9 DECEMBER 3, 2024 City Council 8 — 41 12/17/2024 congratulated the Santa Ana College Dons football team for their wins and staff for activating Calle Cuatro to watch the World Series, and wished the Buddhist community a Happy Bodhi Day. Councilmember Lopez wished everyone Happy Holidays, thanked staff for their hard work and efforts, invited the community to celebrate a new park on Standard and McFadden in Ward 6, and wished her dad Happy Birthday. Councilmember Penaloza disclosed his travel to Sacramento for the California Assembly Installation, invited the community to celebrate new Gerardo Mouet Park on Standard and McFadden, on December 11, 2024 at 3:00 P.M., congratulated the newly re-elected officials, and wished everyone Happy Holidays. Mayor Pro Tem Phan thanked staff for all the community events, invited all to attend the County Justice Funds Annual Fundraiser on Thursday at 5:00 P.M. at Cerveza Cito Brewery, commemorated Pearl Harbor Day, and congratulated her aunt for becoming an American citizen. Mayor Amezcua disclosed her travel to Sacramento for the California Assembly Installation, announced 50 boxes of food giveaway by SEVA on December 11, 2024 at Gerardo Mouet Park, and thanked Congressman Correa for $963,000 of federal funds for the City's multidisciplinary response team. She spoke regarding ARPA monies, Second Annual Thanksgiving Turkey Giveaway, Fiestas de Mariachi on December 8, 2024, and Fifth Annual Tamale Festival, announced the proposed needle distribution program will not be operating in the City of Santa Ana, and congratulated the newly re- elected officials. ADJOURNMENT — Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting at 7:10 P.M. Respectfully submitted: Jennifer L. Hall, CIVIC City Clerk CITY COUNCIL 10 DECEMBER 3, 2024 City Council 8 — 42 12/17/2024 Public Works Agency www.santa-ana.org/public-works Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Development Impact Fee Annual Report AGENDA TITLE Annual Development Impact Fee Report for Fiscal Year 2023-2024 RECOMMENDED ACTION Receive and file. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Following the passage of Proposition 13 in 1978, many cities began charging fees on new development to fund public improvements and services related to streets, public utilities, and parks. These fees are commonly known as development impact fees. Tc ensure these fees were spent in a timely manner and on projects for which they were being collected, the State Legislature passed Assembly Bill 1600, known as the Mitigation Fee Act. In accordance with Government Code Sections 66001 and 66006, the City is required to publish an annual report (Exhibit 1) for each fund established to account for development impact fees. The report must include the following: a brief description of the type of fee, fee amount, beginning and ending balance of the account or fund, amount of fees collected and interest earned, identification of each public improvement on which fees were expended and the amount expended, an estimated date construction will commence, and descriptions of each inter -fund transfer or loan. California Government Code Section 66006 requires an annual accounting of development impact fees be made available to the public within 180 days of the end of the City's fiscal year. Additionally, this information must be presented to the City Council at least 15 days after it is made available to the public. The City collects the following development impact fees: Transportation System Improvement Area, Transit Zoning Code Traffic Impact Mitigation Fair Share, Harbor Specific Plan Mitigation Fair Share, Drainage Assessment Fee, Sewer Connection Fee, Park Acquisition, and Development Fees. City Council 12 — 1 12/17/2024 Development Impact Fee Report December 17, 2024 Page 2 The fees are collected prior to the issuance of building permits for new residential and commercial construction. The impact fees are established by City Council resolution and are deposited into the designated impact fee fund. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Fiscal Year 2023-2024 development fee expenditures totaled $5,328,678 and were used for streets improvements, public utilities improvements, and parks improvements. EXHIBIT(S) 1. City of Santa Ana Assembly Bill 1600 Development Fee Report Fiscal Year 2023-2024 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 12 — 2 12/17/2024 EXHIBIT 1 City of Santa Ana's Public Works Agency Assembly Bill 1600 Development Fee Report Fiscal Year 2023-2024 Government Code Section 66006 requires local agencies that collect development impact fees to submit an annual notice detailing the status of those fees within 180 days after the last day of the fiscal year. The annual report must be made available to the public and then presented to the public agency (City Council) at least 15 days after it is made available to the public. The following is the annual report for the City's development impact fees. Provide a brief description of the type of fee in the account or fund. Drainage Assessment Fees The drainage assessment fees are established in the Santa Ana Municipal Code. The City has six "local drainage areas," each with its own fee schedule. Payment of the fee is required as a condition to the City's approval of a subdivision or parcel map. The City is required to maintain a separate fund for the fee revenues of each such area. Expenditures from each such fund are limited solely to the construction of drainage facilities within the area from which the fund revenues were collected. Sewer Connection Fees The sewer connection fees are established in the Santa Ana Municipal Code. No person shall make any sewer connection unless a permit is issued by Public Works. No permit for such connection shall be issued unless the application is accompanied by the payment of a fee to the City in an amount which shall determine the applicant's proportionate share of the cost of construction of such public sewer. Water Connection Fees The water connection fees are established in the Santa Ana Municipal Code. Water connection fees are used to establish water service. All applicants prior to connecting to a water main or prior to an increase in size of an existing water meter or service, shall apply and obtain a permit to do so and pay the water connection fees. Transportation System Improvement Area Fees The transportation system improvement areas fees are established in the Santa Ana Municipal Code. The purpose of a transportation system improvement program is to identify and designate those areas where the transportation system may experience a significant reduction in the level of service unless corrective measures are instituted concurrent with increased transportation demands. Fees collected for building projects and improvements on properties in a transportation systems improvement program area shall be used to improve the transportation system within such area when such improvements will substantially benefit the transportation system within the area. Residential Development Fees The residential development fees are established in the Santa Ana Municipal Code. The fees are served for the purpose of preserving an appropriate balance between the demand by residents for use of park and recreational facilities and the availability of such park and recreational facilities and to preclude residential development which would create an excess demand on such facilities. Fees paid shall be placed in a special fund known as the "Park Acquisition and Development Fund," which will be used for the acquisition, construction and renovation of park and recreation facilities. City Council 12 — 3 12/17/2024 Transit Zoning Code Fees The transit zoning code fees provide a transit -supportive, pedestrian -oriented development framework to reduce vehicle trips, reduce greenhouse gas emissions, and support the addition of new transit infrastructure. Harbor Specific Plan Fees The Harbor Specific Plan fees support improvements made to increase safety along Harbor Boulevard. List the amount of the fee. Drainage Assessment Fee Schedule Areas Effective 7/1/2023 Area 1 $ 8,372.00 Area 2 $ 10,092.00 Area 3 $ 5,433.00 Area 4 $ 8,019.00 Area 5 $ 9,136.00 Area 6 $ 8,985.00 Sewer Connection Fee Schedule: $51.00 per plumbing fixture unit. Water Connection Fee Schedule Meters Effective 7/1/2023 5/8" Meter $ 465.00 3/4" Meter $ 465.00 1" Meter $ 465.00 1 1/2" Meter $ 496.00 2" Meter $ 560.00 3" Meter $ 1,886.00 4" Meter $ 2,815.00 6" Meter $ 4,533.00 Transportation System Improvement Area Fee Schedule Non -Residential Areas Effective 7/1/2023 Area A $ 5.15 / sq. ft. Area B $ 1.81 / sq. ft. Area C $ 5.53 / sq. ft. Area D $ 3.31 / sq. ft. Area E $ 2.01 / sq. ft. Area F $ 1.81 / sq. ft. Residential* Effective 7/1/2023 Area A $ 5.15 / sq. ft. Area B $ 1.81 / sq. ft. City Council 12 — 4 12/17/2024 Area C $ 5.53 / sq. ft. Area D $ 3.31 / sq. ft. Area E $ 2.01 / sq. ft. Area F $ 1.81 / sq. ft. *Applies only for projects with 5 or more dwelling units on the entire project. Residential Development Fee Schedule Bedrooms Effective 7/1/2023 5 Bedrooms $ 8,179.00 4 Bedrooms $ 7,352.00 3 Bedrooms $ 6,640.00 2 Bedrooms $ 4,948.00 1 or less $ 3,714.00 Transit Zoning Code Fee Schedule Non -Residential Areas Effective 7/1/2023 Civic $ 2.91 / sq. ft. Commercial $ 3.64 / sq. ft. Industrial $ 2.37 / sq. ft. Retail $ 9.11 / sq. ft. Residential Effective 7/1/2023 High -Rise Tower $ 856.56 / sq. ft. Multi -Family $ 1,270.04 / sq. ft. Single -Family $ 2,467.60 / sq. ft. Harbor Specific Plan Fee Schedule Non -Residential Effective 7/1/2023 Other Use $ 1,098.14 / 1,000 sq. ft. Retail/Restaurant $ 5,279.40 / 1,000 sq. ft. Residential Effective 7/1/2023 Single Family/Multi-Family $ 850.00 / unit List the beginning and ending balance of the account or fund. DEVELOPMENT IMPACT FEES — FY BEGINNING BALANCE ENDING 2023/2024 As of 07101123 BALANCE City Council 12 — 5 12/17/2024 As of 06130124 New Transportation System Improvement $581,819.03 $589,580.44 Area Fee - Area B (Fund 033) New Transportation System Improvement Area Fee - Area E (Fund 034) $1,731,199.88 $1,797,695.89 New Transportation System Improvement Area Fee - Area F (Fund 035) $1,851,251.60 $2,289,392.30 Transportation System Improvement Area Fee - Area A-2 (Fund 041) $707,557.25 $716,996.00 Transportation System Improvement Area Fee - Area B (Fund 042) $9,688.09 $9,817.32 Transportation System Improvement Area Fee - Area C (Fund 043) $0.00 $74,043.75 Transportation System Improvement Area Fee - Area D (Fund 044) $0.00 $798.64 Transit Zoning Code (Fund 048) $216,390.17 $219,276.80 Harbor Specific Plan (Fund 049) $99,737.80 $101,068.31 Sewer Connection Fee (Fund 055) $4,160,736.41 $4,521,526.48 Water Connection Fee (Fund 060) $10,513,003.08 -$13,214,500.75 Drainage Assessment Fee - Area 1 (Fund 221) $1,084,926.79 $1,152,838.17 Drainage Assessment Fee - Area 2 (Fund 222) $285,860.36 $571,780.19 Drainage Assessment Fee - Area 3 (Fund 223) $426,873.63 $213,539.26 Drainage Assessment Fee - Area 4 (Fund 224) $517,354.29 $654,252.99 Drainage Assessment Fee - Area 5 (Fund 225) $284,996.20 $408,502.27 Drainage Assessment Fee - Area 6 (Fund 226) $388,047.87 $351,719.24 Transportation System Improvement JPA Area A (Fund 991) $2,634,847.41 $3,193,027.94 Transportation System Improvement JPA Area B (Fund 992) $11,013,559.30 $10,002,922.22 •RKS, RECREATION & COMMUNITY Residential Development District 1 (Fund 311) $989,473.70 $905,871.72 Residential Development District 2 (Fund 312) $3,397,203.90 $6,163,665.60 Residential Development District 3 (Fund 313) $11,677,281.45 $12,424,790.81 Residential Development District 4 (Fund 314) $370,570.44 $544,951.27 Residential Development District 5 (Fund 315) $1,492,453.54 $896,519.29 City Council 12 — 6 12/17/2024 List the amount of fees collected and the interest earned. DEVELOPMENT IMPACT FEES — FY 2023/2024 FEES COLLECTED INTEREST EARNED New Transportation System Improvement Area Fee - Area B (Fund 033) $0.00 $7,761.41 New Transportation System Improvement Area Fee - Area E (Fund 034) $45,852.12 $23,260.99 New Transportation System Improvement Area Fee - Area F (Fund 035) $625,915.83 $31,386.02 Transportation System Improvement Area Fee - Area A-2 (Fund 041) $0.00 $9,438.75 Transportation System Improvement Area Fee - Area B (Fund 042) $0.00 $129.23 Transportation System Improvement Area Fee - Area C (Fund 043) $73,743.14 $300.61 Transportation System Improvement Area Fee - Area D (Fund 044) $794.40 $4.24 Transit Zoning Code (Fund 048) $0.00 $2,886.63 Harbor Specific Plan (Fund 049) $0.00 $1,330.51 Sewer Connection Fee (Fund 055) $1,119,314.73 $64,780.54 Water Connection Fee (Fund 060) $916,166.25 $1,688.52 Drainage Assessment Fee - Area 1 (Fund 221) $52,933.94 $14,977.44 Drainage Assessment Fee - Area 2 (Fund 222) $7,039.02 $3,852.86 Drainage Assessment Fee - Area 3 (Fund 223) $0.00 $4,219.96 Drainage Assessment Fee - Area 4 (Fund 224) $130,646.00 $8,298.70 Drainage Assessment Fee - Area 5 (Fund 225) $118,706.79 $4,799.28 Drainage Assessment Fee - Area 6 (Fund 226) $69,492.79 $5,506.30 Transportation System Improvement JPA Area A (Fund 991) $534,992.69 $40,012.12 Transportation System Improvement JPA Area B (Fund 992) $100,819.29 $143,415.35 AL • • Residential Development District 1 (Fund 311) $200,820.80 $15,577.22 Residential Development District 2 (Fund 312) $3,126,454.56 $76,198.54 Residential Development District 3 (Fund 313) $1,997,672.59 $186,746.37 Residential Development District 4 (Fund 314) $167,460.76 $6,920.07 Residential Development District 5 (Fund 315) $60,483.00 $14,562.45 Identify each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. PUBLIC IMPROVEMENT EXPENDITURES — FY 2023/2024 TOTAL EXPENDITURE PERCENT FUNDED BY E Transportation System Improvement Area Fee — Area E (Fund 034) City Council 12 — 7 12/17/2024 PUBLIC IMPROVEMENT EXPENDITURES — FY 2023/2024 TOTAL EXPENDITURE PERCENT FUNDED BY FEE Project No. 20-6971 Warner Protection Bike Lane: Oak to Grand $2,617.10 100% Transportation System Improvement Area Fee — Area F (Fund 035) Project No. 13-6792 Bristol Widening: Civic Center to Washington Phase III A $90,745.22 46% Project No. 14-6802 Warner Avenue Widening: Main to Oak Phase 1 $2,446,003.43 0.33% Project No. 15-6827 Fairview Bridge & Street Improvements $174,693.94 4% Project No. 17-6883 Bristol Street & Memory Lane Intersection Widening $652,183.75 25% Sewer Connection Fee (Fund 055) Project No. 06-3510 Segerstrom/San Lorenzo S Lift $1,038,381.21 78% Project No. 18-6616 Flower Street Sewer Main Improvements $349,242.78 3% Project No. 19-6430 Wright Street Sewer Main Improvements $20,389.65 13% Project No. 21-6619 North East Annexation Sewer Improvements $414,735.72 1% Drainage Assessment Fee — Area 3 (Fund 223) Project No. 23-6907 Loc Street Preventative Maintenance $3,576,813.43 6% Drainage Assessment Fee — Area 4 (Fund 224) Project No. 20-6618 Warner Storm Drain Improvements: Phase 1 $2,046.00 100% Drainage Assessment Fee — Area 6 (Fund 226) Project No. 23-6459 Miscellaneous Storm Drain Repairs $189,477.02 59% Transportation System Improvement JPA Area A (Fund 991) Project No. 23-6999 Traffic Signal Installation Chestnut/Zoo $16,824.28 100% Transportation System Improvement JPA Area B (Fund 992) Project No. 14-6802 Warner Avenue Widening: Main to Oak Phase 1 $2,446,003.43 23% Project No. 18-6901 Warner Avenue Improvements Phase 2: Oak to Grand $624,803.72 15% COMMUNITY SERVICES AGENCY Parks Acquisition & Development — District 1 (Fund 311) Project No. 23-6625 King Street Urban Greening Project $1,870757.20 16% Parks Acquisition & Development — District 2 (Fund 312-13260) Project No. 15-2645 Santiago Park Gas House Area Improvements $220,916.90 44% Project No. 20-2731 Santiago Main Street Entrance Construction $150,971.00 77% Project No. 22-2752 Stadium Synthetic Turf $27,138.98 100% Project No. 22-2753 Stadium Scoreboard $4,925.43 100% Project No. 22-2765 Santiago Nat Center Renovation $181,000 100% Parks Acquisition & Development — District 2 (Fund 312-13261) Project No. 15-2645 Santiago Park Gas House Area Improvements $220,916.90 4% Parks Acquisition & Development — District 3 (Fund 313) Project No. 16-2658 Santa Ana Zoo Giant River Otter Habitat $1,645,711.44 64% Project No. 20-2729 Standard & McFadden New Park $2,716,866.25 6% Project No. 21-2726 Pacific Electric Bike Trail Lighting Phase 11 $4,171.72 100% Project No. 21-2728 Sandpointe Park Security Lighting $694.53 100% Project No. 21-2740 Flower Street Bike Trail Renovation $249,005.68 100% Project No. 22-2769 Memorial Park Lighting Project $631,563.60 66% Parks Acquisition & Development — District HSP (Fund 315) City Council 12 — 8 12/17/2024 PERCENT PUBLIC IMPROVEMENT EXPENDITURES — FY 2023/2024 TOTAL FUNDED BY EXPENDITURE E Project No. 19-7527 Santa Anita Park Renovation $670,979.70 100% Provide the approximate date by which the construction of the public improvements will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in the City's master plans, and the public improvement remains incomplete. PUBLIC IMPROVEMENT PROJECTS EXPENDITURES — FY 2023/2024 STATUS PROJECT STATUS Transportation System Improvement Area Fee — Area E (Fund 034) Project No. 20-6971 Warner Protection Bike Lane: Oak to Grand IN PROGRESS Transportation System Improvement Area Fee — Area F (Fund 035) Project No. 13-6792 Bristol Widening: Civic Center to Washington Phase III A IN PROGRESS Project No. 14-6802 Warner Avenue Widening: Main to Oak Phase I IN PROGRESS Project No. 15-6827 Fairview Bridge & Street Improvements IN PROGRESS Project No. 17-6883 Bristol Street & Memory Lane Intersection Widening IN PROGRESS Sewer Connection Fee (Fund 055) Project No. 06-3510 Segerstrom/San Lorenzo S Lift COMPLETED — OCTOBER 2023 Project No. 18-6616 Flower Street Sewer Main Improvements COMPLETED — OCTOBER 2022 Project No. 19-6430 Wright Street Sewer Main Improvements IN PROGRESS Project No. 21-6619 North East Annexation Sewer Improvements IN PROGRESS Drainage Assessment Fee — Area 3 (Fund 223) Project No. 23-6907 Local Street Preventative Maintenance COMPLETED Drainage Assessment Fee — Area 4 (Fund 224) Project No. 20-6618 Warner Storm Drain Improvements: Phase 1 COMPLETED — AUGUST 2023 Parks Acquisition & Development — District 1 (Fund 311) Project No. 23-6625 King Street Urban Greening Project IN PROGRESS Parks Acquisition & Development — District 2 (Fund 312) Project No. 15-2645 Santiago Park Gas House Area Improvements COMPLETED — OCTOBER 2023 Project No. 20-2731 Santiago Main Street Entrance Construction Project No. 22-2752 Stadium Synthetic Turf COMPLETED — SEPTEMBER 2022 Project No. 22-2753 Stadium Scoreboard COMPLETED — SEPTEMBER 2023 Project No. 22-2765 Santiago Nat Center Renovation IN PROGRESS Parks Acquisition & Development — District 3 (Fund 313) Project No. 16-2658 Santa Ana Zoo Giant River Otter Habitat COMPLETED - 2021 Project No. 20-2729 Standard & McFadden New Park IN PROGRESS Project No. 21-2726 Pacific Electric Bike Trail Lighting Phase II IN PROGRESS City Council 12 — 9 12/17/2024 PUBLIC IMPROVEMENT PROJECTS EXPENDITURES — FY 2023/2024 STATUS PROJECT STATUS Project No. 21-2728 Sandpointe Park Security Lighting ON HOLD Project No. 21-2740 Flower Street Bike Trail Renovation IN PROGRESS Project No. 22-2769 Memorial Park Lighting Project COMPLETED—JUNE 2023 Parks Acquisition & Development — District HSP (Fund 315) Project No. 19-7527 Santa Anita Park Renovation IN PROGRESS Identify each public improvement that is anticipated to be undertaken in the following fiscal year. BUDGETED PUBLIC IMPROVEMENT PROJECTS — FY 2024/2025 Transportation System Improvement Area Fee — Area E (Fund 034) Warner Ave Improvements Phase 2: Oak to Grand Transportation System Improvement Area Fee — Area F (Fund 035) Bristol Street Improvements & Widening: Phase 4 - Warner to Saint Andrew Drainage Assessment Fee — Area 1 (Fund 221) Bristol Street Improvements & Widening: Phase 4 - Warner to Saint Andrew Provide a description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. DEVELOPMENT IMPACT FEES — FY 2023/2024 WORKSPUBLIC New Transportation System Improvement Area Fee - Area B (Fund 033) INTERFUND TRANSFER OR LOAN AMOUNT NONE New Transportation System Improvement Area Fee - Area E (Fund 034) NONE New Transportation System Improvement Area Fee - Area F (Fund 035) NONE Transportation System Improvement Area Fee - Area A (Fund 041) NONE Transportation System Improvement Area Fee - Area B (Fund 042) NONE Transportation System Improvement Area Fee - Area C-2 (Fund 048) NONE Transportation System Improvement Area Fee - Area G (Fund 049) NONE Sewer Connection Fee (Fund 055) NONE Water Connection Fee (Fund 060) NONE Drainage Assessment Fee - Area 1 (Fund 221) NONE Drainage Assessment Fee - Area 2 (Fund 222) NONE Drainage Assessment Fee - Area 3 (Fund 223) NONE Drainage Assessment Fee - Area 4 (Fund 224) NONE Drainage Assessment Fee - Area 5 (Fund 225) NONE Drainage Assessment Fee - Area 6 (Fund 226) NONE Transportation System Improvement JPA Area A (Fund 991) NONE Transportation System Improvement JPA Area B (Fund 992) NONE M3 Residential Development District 1 (Fund 311) NONE Residential Development District 2 (Fund 312) NONE City Council 12 — 10 12/17/2024 INTERFUND TRANSFER OR DEVELOPMENT IMPACT FEES — FY 2023/2024 LOAN AMOUNT Residential Development District 3 (Fund 313) NONE Residential Development District 4 (Fund 314) NONE Residential Development District HSP (Fund 315) NONE City Council 12 —11 12/17/2024 Finance and Management Services www.santa-ana.org/finance Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Fiscal Year 2023-2024 General Fund Results AGENDA TITLE Fiscal Year 2023-24 General Fund Results RECOMMENDED ACTION 1. Receive and file this informational report. 2. Approve proposed General Fund appropriation adjustments as detailed in Exhibit 1 (Requires two-thirds vote). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City's independent auditors have completed their fieldwork for the fiscal year ending June 30, 2024, and the City anticipates issuing its financial statements later in December 2024. Staff intends to present the City Council with an informational report detailing the audited financial statements and related findings after the new year. This report provides early information on General Fund performance for FY 2023-24 (FY23-24) and includes requests for multiple appropriation adjustments, as well as the formal closure of the Engineering Services Fund. If the City Council approves the recommendations in this report, the remaining spendable General Fund balance in excess of the 18% Reserve requirement is $16.3 million, which is available for one-time spending. Staff recommends leaving that amount in the General Fund balance for consideration during the FY2025-26 annual budget process that starts with "Early Direction" from the City Council scheduled for March 18, 2025. The City has a significant list of unfunded capital improvement projects, including future Civic Center development, and staff recommends an approach where all competing needs are identified prior to the City Council providing direction for use of the one-time funding source. On November 19, staff reported that for FY23-24, the City realized both revenues exceeding initial estimates and expenditure savings. General Fund revenues exceeded estimates by $13.5 million, after adjusting for non -cash items such as fair market value adjustments and year-end entries. This represents a 3% increase over the adjusted City Council 13 — 1 12/17/2024 Fiscal Year 2023-2024 General Fund Results December 17, 2024 Page 2 estimates and aligns with the City's policy of using a conservative approach in revenue estimation. Additionally, General Fund expenditures resulted in total savings of $7.5 million. FY23-24 General Fund Results These positive variances have resulted in a spendable General Fund balance of $20.3 million, in excess of the 18% General Fund Reserve balance of $73.2 million. With the proposed closure of the Engineering Services Fund and the recommended appropriation requests outlined in this report, the spendable fund balance would decrease to $16.3 million. While many General Fund revenues exceeded conservative estimates and several departments realized expenditure savings, the following factors were the most significant contributors to the $20.3 million spendable balance. Revenues • The Business Tax exceeded estimates, generating an additional $0.8 million above the adjusted budget of $16 million, as reported in the FY 23-24 First Quarter Budget Update presented on November 7, 2023. • Property Tax surpassed revenue estimates by $0.6 million due to ongoing growth in assessed valuations. This rate of growth is not expected to continue in FY2024-25. • Investment earnings for the fiscal year exceeded estimates, generating an additional $0.9 million above the adjusted budget of $4.9 million, as reported in the FY 2023-24 Third Quarter Budget Update presented on June 4, 2024. • The General Fund collected $1 million more than the $8.4 million budget in Indirect Costs, primarily due to increased personnel salaries charged to restricted -money programs. • Refuse Franchise Fee revenues for FY 23-24 exceeded the $8 million estimate and minimum annual payment required by agreement by $1.5 million, driven by higher -than -anticipated gross receipts from directly billed customers. Under the City's Franchise Fee agreement, the waste hauler is obligated to remit either a minimum annual payment of $8 million or 17.9% of gross receipts, whichever is greater. • Cannabis revenues exceeded estimates, generating an additional $3 million of one-time revenue following the implementation of corrections to the tax calculations for prior periods. • Charges for services generated $2.2 million more than expected, primarily due to Paramedic Service Charges, Planning and Building revenues, and increases to Parks and Recreation's zoo revenue and recreational program offerings. As reported in the FY 23-24 Third Quarter Budget Update on June 4, 2024, the City continues to receive increased reimbursements for Medicare and Medi-Cal transports. The Third Quarter Report also included a budget City Council 13 — 2 12/17/2024 Fiscal Year 2023-2024 General Fund Results December 17, 2024 Page 3 reduction for Plan Check revenue, caused by an anticipated slowdown in the first half of the fiscal year. However, activity unexpectedly picked up late in the fiscal year. A $1 increase in zoo ticket prices, paired with an increase of program offerings, led to recreation related revenue surpassing budget by more than $0.8 million. Expenditures • The FY 23-24 non -departmental budget included $8.7 million for employee negotiations, consisting of an original set -aside of $6.4 million and an additional $2.3 million carried over from unspent FY 2022-23 funds. Of this total, $4.8 million was utilized to meet actual Memorandum of Understanding (MOU) requirements, and $1.3 million was used for budget rebalancing, as presented in the Third Quarter Report on June 4, 2024. This resulted in $2.6 million in budgetary savings within the non -departmental section. • The City Attorney's Office, Human Resources, and Finance had combined vacancy and contractual savings of $2.5 million. • The Fire Facilities Fund (Fund 120) absorbed nearly $0.6 million in deferred maintenance expenses for the City's fire stations, freeing up General Fund resources. • Community Development had both contractual savings and a remaining balance in the Resident's Vehicle Incentive Program which was phased out in FY23-24 totaling $0.8 million. Requested FY23-24 Appropriations Library While the Main Library is closed for renovations, the City offers an eLibrary service to patrons (Hoopla), including e-books, audio books, movies, and other digital content. The City's cost of Hoopla is based on usage, which has skyrocketed during library closure. Staff requests a one-time funding allocation of $40,000 to ensure the City can continue to provide Hoopla through April 2026, the scheduled re -opening date of the Main Library. In preparation for the library construction projects, the collections of materials have been organized and evaluated. Many books and other items were worn due to prolonged use and sun damage. In addition to ensuring the library has a sufficient collection on the shelves after construction is complete, staff needs a back -room inventory in anticipation of significant lending upon re -opening. Staff requests a one- time funding allocation of $375,000 to re -build the library's inventory of books and other lending materials. Building Maintenance The Building Maintenance Division budgets for routine operating expenses such as janitorial services, security, and daily maintenance. Recently, two unexpected expenses City Council 13 — 3 12/17/2024 Fiscal Year 2023-2024 General Fund Results December 17, 2024 Page 4 occurred that were not included in the budget, including $100,000 for elevator repairs in the Fleet Division and $140,000 for necessary fire panel repairs. Staff is requesting a one-time funding allocation of $240,000 to cover these critical, unanticipated repairs. Parks Projects in Progress Due to a process -related oversight, $555,600 in carryovers were not included in the October 1, 2024 request for the carry-over of unspent amounts from FY23-24 to FY24- 25. As a result, Public Works is requesting to re -budget unspent FY23-24 appropriations totaling $555,600 to complete the design and construction phases for the following parks projects: • Cool pavement treatment at Madison and Campesino Parks • El Salvador Park concession stand • Edna Park and restroom improvements • Thornton Park playground Enaineerina Services Division Fund Close -Out On December 19, 2023, staff reported that the Engineering Services Division has been managing a negative fund balance for several years. To address this issue and prepare for the fund's eventual closure, the City Council approved a FY 2024-25 annual budget allocation within the General Fund to cover overhead costs and staff time that cannot be billed to projects or developer deposits. At this stage, staff is requesting authorization to transfer all related expenditures and revenues from the Engineering Services Division fund to the General Fund to close the fund. An additional $1.25 million allocation is required to fully address the negative fund balance from FY 23-24, which resulted from unanticipated costs. This one-time funding allows for a clean closure of the fund. Although the Engineering Services fund has a budget of approximately $6.7 million, only $5.4 million will shift to the General Fund due to indirect cost recovery. The General Fund charges overhead costs to other funds, including the Engineering Services fund. These overhead costs are for accounting, legal assistance, and contract processing. By moving Engineering Services to the General Fund, the General Fund will not charge itself for these indirect overhead services. The City's General Fund Reserve policy requires maintaining a reserve balance equal to 18% of annual recurring revenue. With an anticipated $5.4 million increase of General Fund recurring revenue from the Engineering Services Division, the 18% Reserve must increase by $977,371. This action ensures compliance with the reserve policy, further supporting the City's fiscal stability. Contribution to Section 115 Trust for Pension Stabilization In line with the City Council approved Unfunded Employee Pension Liability Cost Reduction Policy, staff recommends a one-time $2 million contribution of the excess City Council 13 — 4 12/17/2024 Fiscal Year 2023-2024 General Fund Results December 17, 2024 Page 5 spendable General Fund balance to the Section 115 Trust for pension stabilization. Per the policy, when the General Fund balance exceeds the reserve policy requirement, the City may consider an additional deposit to address unfunded pension liabilities. This deposit is part of the overall Section 115 Trust strategy, which helps mitigate fluctuations in future contributions caused by differences in actual plan performance and changes to actuarial assumptions made by CalPERS. The following table includes these proposed appropriations, along with an updated summary of the General Fund budget for the current fiscal year, which accounts for the additional reserve requirement. FY2024-25 General Fund Summary FY24-251st Quarter Budget Update FY23-24 Year- End Results Proposed December 17 Adjustments Updated Estimates Estimated Beginning Balance at July 1, 2024 109,495,834 20,349,223 129,845,057 Revenue Estimate 406,543,143 5,429,840 411,972,983 Appropriated Spending (406,907,411) (7,890,440) (414,797,851) Pension Trust Set Aside (34,565,751) (2,000,000) (36,565,751) Estimated Ending Balance at June 30, 2025 74,565,815 20,349,223 (4,460,600) 90,454,438 Less: 18% Reserve' 73,173,121 977,371 74,150,492 Estimated Spendable Balance 1,392,694 20,349,223 (5,437,971) 16,303,946 1$15,803 in recognized revenue approved by City Council on September 19, 2024 is one-time money. The City's 18% reserve policy applies to annual recurring revenue only. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Exhibit 1 outlines the line -item changes to revenue estimates resulting from the closure of the Engineering Services Fund, along with the recommended appropriation adjustments discussed in this Staff Report. These adjustments result in a $2.46 million increase in General Fund appropriations, funded by a one-time allocation from the spendable fund balance. Additionally, the proposed adjustments include the transfer of revenues and corresponding expenditures from the Engineering Services activity to the General Fund, each totaling $5.4 million, bringing the total appropriation request to $7.89 million. The $2 million deposit to the 115 Trust is reflected in the FY 2024-25 General Fund Summary table. While this deposit reduces the estimated spendable balance, it is excluded from Exhibit 1 as it represents a financial transfer rather than a direct appropriation adjustment. City Council 13 — 5 12/17/2024 Fiscal Year 2023-2024 General Fund Results December 17, 2024 Page 6 EXHIBIT Line Item Changes to Revenue Estimates and Recommended Appropriation Adjustments Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Alvaro Nunez, City Manager City Council 13 — 6 12/17/2024 Description Account Revenue Spending Engineering Services (Fund 086) Closure Appropriation Adjustments Reduction to Indirect Cost Recovery revenue budget due to Fund 086 closure 01102002-57901 (1,304,600) Fund 086 revenue moving to General Fund (CIP Construction Permit Oversight Deposits) 01117002-51709 50,000 Fund 086 revenue moving to General Fund (Charges to Departments) 01117002-56000 6,634,140 Fund 086 revenue moving to General Fund (Engineering Cost Allocation) 01117002-56300 10,000 Fund 086 revenue moving to General Fund (Expense Reimbursement - Condemn Deposit) 01117002-57006 38,000 Fund 086 revenue moving to General Fund (Miscellaneous Recoveries) 01117002-57010 300 Fund 086 revenue moving to General Fund (Expense Reimbursement - Condemn Deposit) 01117002-58005 2,000 Fund 086 revenue moving to General Fund (CIP Construction Permit Oversight Deposits) 08617002-51709 (50,000) Fund 086 revenue moving to General Fund (Charges to Departments) 08617002-56000 (6,634,140) Fund 086 revenue moving to General Fund (Engineering Cost Allocation) 08617002-56300 (10,000) Fund 086 revenue moving to General Fund (Expense Reimbursement - Condemn Deposit) 08617002-57006 (38,000) Fund 086 revenue moving to General Fund (Miscellaneous Recoveries) 08617002-57010 (300) Fund 086 revenue moving to General Fund (Expense Reimbursement - Condemn Deposit) 08617002-58005 (2,000) Fund 086 expenses moving to General Fund (Salaries & Wages) 08617613-61XXX Fund 086 expenses moving to General Fund (Contracted Services) 08617613-62XXX Fund 086 expenses moving to General Fund (Commodities) 08617613-63XXX Fund 086 expenses moving to General Fund (Fixed Charges) 08617613-65XXX Fund 086 expenses moving to General Fund (Capital/Leases) 08617613-66511 (4,014,381) (196,909) (71,810) (2,119,210) (9,000) City Council 13 — 7 12/17/2024 Description Account Revenue Spending Fund 086 expenses moving to General Fund (Debt Service) 08617613-67XXX (209,920) 08617613-68000- Fund 086 expenses moving to General Fund (Interfund Transfer) 404 (113,210) Fund 086 expenses moving to General Fund (Salaries & Wages) 01117612-61XXX 4,014,381 Fund 086 expenses moving to General Fund (Contracted Services) Fund 086 expenses moving to General Fund (Commodities) Fund 086 expenses moving to General Fund (Fixed Charges) Fund 086 expenses moving to General Fund (Capital/Leases) Fund 086 expenses moving to General Fund (Debt Service) Fund 086 expenses moving to General Fund (Interfund Transfer) Engineering Services (Fund 086) closure Engineering Services (Fund 086) closure Engineering Services Expenditures & Revenues to Close Fund Sub - Total Reduction to Indirect Cost Recovery for Expenditures & Revenues budget due to Engineering Services Fund closure Engineering Services Expenditures & Revenues Sub -Total to General Fund Other General Fund Adjustments Park Improvement Projects Books & other lending services eLibrary services (Hoopla) Building Maintenance unanticipated elevator and fire panel repairs Other General Fund Adjustments Sub -Total Total Revenue Adjustments to General Fund Total Expenditure Adjustments to General Fund 01117612-62XXX 01117612-63XXX 01117612-65XXX 01117612-66511 01117612-67XXX 01117612-68000- 404 01106019-68000- 086 08617002-59000- 011 01117652-66220 01111110-66600 01111190-66511 01117607-62300 196,909 71,810 814,610 9,000 209,920 113,210 1,250,000 1,250,000 (6,734,440) (6,734,440) (1,304,600) - 6,734,440 5,429,840 5,429, 840 555,600 375,000 40,000 240,000 1,210,600 7,890,440 City Council 13 — 8 12/17/2024 Finance and Management Services www.santa-ana.org/finance Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Budget Calendar and Community Engagement Plan for Fiscal Year 2025-26 AGENDA TITLE Budget Calendar and Community Engagement Plan for Fiscal Year 2025-26 RECOMMENDED ACTION Approve the Budget Calendar and Community Engagement Plan for Fiscal Year 2025- 26 (FY25-26). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The FY 2025-26 Budget Calendar (Exhibit 1) and the Community Engagement Plan (Exhibit 2) outline the City's approach for a successful, inclusive, and transparent budget process. The goals of community engagement in the annual budget development process are to ensure the budget process is clear and open to the public, gather feedback to ensure the budget reflects the needs and priorities of the community, and foster a relationship of trust among the community, City Council, and city staff. City staff will employ multiple techniques to engage the community such as attending citywide events, hosting Community Budget Meetings in every City Council ward, facilitating Listening Tour visits, and conducting a budget priorities survey. During the Spring months, City leadership conducts internal budget meetings with each of the City departments. These meetings provide departments with an opportunity to propose workforce changes and funding requests. Early Direction, tentatively scheduled for March 18, 2025, has two purposes. The first is to provide information about the current year's fiscal year that will impact the budget in either FY25-26 or future years. The second is to request direction from the City Council regarding budget priorities. The City Council is scheduled to consider the proposed budget in May and hold a public hearing in June. City Council 14 — 1 12/17/2024 Budget Calendar and Community Engagement Plan for Fiscal Year 2025-26 December 17, 2024 Page 2 The calendar begins in December and concludes with the adoption of the Citywide Operating Budget and Capital Improvement Program (CIP) in June 2025, with an effective start date of July 1, 2025. 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. Fiscal Year 2025-26 Budget Calendar 2. Fiscal Year 2025-26 Community Engagement Plan Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Alvaro Nunez, City Manager City Council 14 — 2 12/17/2024 r f' Present FY2025-26 Budget Calendar & Community Engagement Plan for City Council Approval Ir rrr) , r� , r r� Community Engagement Campaign and Internal Budget rrDf JJjr�JIVIAPfIA Prep Meetings -')J rrrj Preliminary Capital Improvement Program (CIP) to f r-r Planning Commission 11J�rlfs City Council Provides Early Budget Policy Direction UF City Council Meeting: FY2025-26 Budget Discussion City Council Work Session: �� J'J�r��f Community Engagement Results Prioritization of Funding Requests City Council Meeting: f�J J'JJiI'J' Proposed FY2025-26 Budget- Operating & CIP Miscellaneous Fees & Workforce Changes Public Hearing: Citywide Operating Budget that includes CIP, Miscellaneous Fees, Budget Ordinance & Personnel Resolution Second Reading & Adoption: J7 JU r Final Citywide Operating Budget I J. I `f �1 FY2025-26 Fiscal Year Begins r� u Outreach strategies designed to promote broad - based participation in the annual budget process across all Council Wards SANTA ANA �1869 Air l You f5 4 � AM r The purpose of community engagement is to obtain widespread input on Santa Ana's budget priorities so the governing body has a full toolbox when allocating resources. This Community Engagement Plan proposes specific outreach strategies that promote broad participation in the annual budget development process across all Council Wards. The challenge is to make budget engagement exciting and captivating, so the community sees that input translates into action via the resource allocation process. This is done through activities that facilitate interaction, nuanced discussions, and budget simulation. This plan is based on citywide best practices provided by the Government Finance Officers Association. 1 INCREASE TRANSPARENCY AND ACCESSIBILITY • Provide budget materials in multiple languages to ensure broader community access. • Simplify complex budget items and numbers for the general public. • Reduce barriers to engagement by leveraging the relationships local non -profits and neighborhood associations have throughout the community. ALIGN BUDGET TO REFLECT BUDGET PRIORITIES ■ ............ ■ 1 • Develop and publicize key budget items that show how budget spending impacts community goals. LEVERAGE VOICES FROM MARGINAZALIZED COMMUNITIES Broaden efforts to include renters, non-English speakers, and other historically disenfranchised groups. ............................................. STRENGTHEN TRUST Always close the feedback loop. Demonstrate how the allocation of resources aligns with community priorities. Utilize multiple methods of engagement so they complement one another. This should be a combination of informal and formal methods. ■ . 1W rj 2 a=� INFORMATIVE PREPARATORY & PARTICIPATION BUDGET PARTICIPATION Goal: Share easy -to- Goal: Source your ideas understand budget and feedback to create a information in popular budget that truly places. represents our community. Why It Matters: This Why It Matters: Your input transparency helps you directly influences city understand how your tax spending, and online dollars are spent and your options make it easier for input helps inform budget everyone to participate. decisions. How You'll Do It: Attend How We'll Do It: Expect community workshops, simple budget breakdowns speak at public budget on our city website, budget meetings, or fill out our news on social media, and surveys online or on information in our city paper. newsletter. 3 Citywide Events Community Nor Profits, Community CentE Churches, Schoo Neighborhood Associations, Com-Link M isT Santa Ana Unified School District (SAUSD), Santa Ana College (SAC) City Departments & Agencies, Commissions & Committees 4 EDUCATIONAL INSTITUTIONS Students, families, and educators are the heart of our schools, offering unique insights into the educational needs and aspirations of students. • Host public forums or workshops with Santa Ana Unified School District (SAUSD) and Santa Ana College (SAC) to gather input on priorities and budget allocation. • Provide multilingual (English, Spanish & Vietnamese) materials and interpreters to ensure broad community participation. • Provide easy -to -understand presentations to clearly explain how financial resources are being used to support youth success and community development. CITY DEPARTMENTS & AGENCIES City departments connect us to our diverse community, offering unique channels to reach residents and gather invaluable input on budget priorities and civic initiatives. • Collaborate with City Manager's Office of Public Information to advertise engagement efforts through press releases (English, Spanish & Vietnamese), social media ads, Nixle, digital marquees, City Hall lobby screens, & other display advertisements. • Tap into the City's multiple social media platforms by collaborating with the most active departments that have the largest number of followers. • Promote community engagement through various city published newsletters such as: o City Manager's Newsletter, Santa Ana Police Department, Library, Parks and Recreation, Economic Development, and Arts & Culture. COMM ITEE/COMMISSION MEETINGS We are requesting to speak about the budget as a guest speaker at various City Committee/ Commission meetings in February, March & April. Commission/Committee Meeting Dates & Times Planning Commission 2nd & 4th Monday of the month @ 5:30pm Environmental and Transportation Advisory Commission 2nd Thursday of the month @ 5:00pm Youth Commission 1st Wednesday of the month (time varies) Community Development 4th Wednesday of the month @4:30pm Historic Resources Commission 1st Thursday of every other month @ 4:30pm Police Oversight Commission 2nd Tuesday of the month @ 4:00pm Arts and Culture Commission 3rd Thursday of the month @ 5:30pm Parks and Recreation 4th Thursday of the month @ 5:30pm LOCAL BUSINESS & SERVICE CLUBS Connect with civic service clubs such as the Chamber of Commerce, the Lion's Club, Elks Lodge, and the Rotary Club because they serve as excellent bridges between city government and the business community to gather diverse perspectives on our city's financial future. • Provide listening tours, where city officials visit local groups to discuss the budget, demonstrate the Budget Priorities survey, and gather input. • Invite representatives of each organization to participate in the public workshops and formal public hearings on the budget. t*: ti==/ I , 7 PARTNERSHIPS Local non-profit organizations are essential partners in our engagement efforts, providing connections to diverse communities and insights into the needs of our city's most vulnerable residents. Partner with local non -profits to enhance community engagement and gather input. These organizations span areas such as youth development, senior services, immigrant and refugee support, educational and religious institutions, health outreach, and cultural advocacy. COUNCIL WARD MEETINGS Ensure that community engagement efforts reach and adequately represent residents from all council wards. This means engaging with diverse voices from each area of the city to reflect the unique needs, priorities, and perspectives within each ward. CITYWIDE EVENTS Community events and organizations are essential in Santa Ana, fostering civic engagement and providing platforms for residents to shape our city's future from infrastructure to arts and culture. The following upcoming events for Winter/Spring 2025 are: Lunar New Year Festival - January 25, 2025 y Me Encanta Santa Ana - May 3, 2025 M TOOLS TO PROVIDE INPUT • Complete our Online / Paper Budget Priorities Survey! • Give us your feedback at our community workshops and city meetings! • Contact us via email or by phone! HELPFUL LINKS & INFORMATION WWw https://www.santa-ana.org/budget — FY24-25 Local Sales Tax Budget Betails Accountabilit M*:B:udgetOffice@santa-ana.org_) r (714) 647-5420 Qfearch Graffiti Removal AReport Encampment -A- Cotle Violation AI- vark Issue illegal Dumping Tl— Illegal Advert shopping Cart Enforcement ah(` Potholes •A SidewalkDe- � t CHECK OUT THE SANTA ANA APP! 10 Finance and Management Services www.santa-ana.org/finance Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Legal Notices, Public Awareness Advertising, and Publishing Services AGENDA TITLE Citywide Purchase Order to Daily Journal Corporation for Legal Notices, Public Awareness Advertising and Publishing Services (Specification No. 24-119) (General Fund and Non -General Fund) RECOMMENDED ACTION Award Citywide Purchase Order to Daily Journal Corporation for legal notices, public awareness advertising, and publishing services for a term beginning on December 18, 2024 as part of the County agreement, and expiring September 14, 2028, in an amount not to exceed $1,000,000 based on the term and pricing. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Purchasing Division establishes annual Citywide Purchase Orders with vendors that provide services and materials required by City Agencies on a recurring basis. The City is currently required to post legal notices in newspapers locally adjudicated for the City of Santa Ana for various types of postings. Postings requiring legal notice include Notices of Public Hearing for the Santa Ana Planning Commission, Publication of approved as well as upcoming City Council Ordinances, Boards and Commissions Vacancies or Applications Notices, Election -Related Notices, Notices related to the Annual Budget and ACFR, and Requests for Proposals for certain Public Works Projects. Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. County of Orange, a cooperative government purchasing agency, awarded a contract to Daily Journal Corporation (RCA-017-23010049) as a result of open, competitive bidding on behalf of its members, which includes government agencies. Purchasing Staff researched available procurement options and determined that Daily Journal Corporation meets the City's specifications and can consistently provide the legal notices, public awareness advertising, and publishing services to be utilized by the City at contracted pricing. For un-contracted entities, Daily Journal Corporation is raising City Council 15 — 1 12/17/2024 Legal Notices, Public Awareness Advertising, and Publishing Services December 17, 2024 Page 2 publishing rates annually, starting October 1, 2024. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain contracted pricing, and thereby is able to avoid publishing rate increases, and is in accordance with the City's existing Purchasing Guidelines. Therefore, staff recommends awarding a contract to Daily Journal Corporation for a total contract not -to -exceed amount of $1,000,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The FY24-25 budget includes allocations to fund an estimated amount of $200,000 in the accounts listed below as well as other various departmental Miscellaneous Operating Expense accounts (no. 63001) depending on Agencies' needs. Future fiscal year funding for a total amount not to exceed $1,000,000 will be included in the proposed budgets for City Council consideration. Prior to utilizing the citywide contracts, the requesting departments will follow the Purchasing Policies and Procedures (Policy) and ensure funds are available. Upon successful completion of the fiscal review, the Purchasing Division will approve orders in accordance with the Policy. Department / Division Account City Clerk's Office 01107031-62200 / -62300 PBA - Planning 01116510-62200 FMSA — Management Support 01110100-63001 FMSA — Accounting 01110110-62300 FMSA — Treasury and Customer Services 01110130-62300 CDA — Housing 13018780-62200 CDA — Housing 13518780-62200 CDA — Housing 13518783-62200 CDA — Housing 13518785-62200 CDA — Housing Authority 14018760-62200 CDA — Housing 18218780-62200 CDA — Housing 41718820-62200 CDA — Housing 60718810-62200 CDA — ED 01118810-62200 CDA — Homeless 12218716-62200 CDA — Work Center 12318748-62200 CDA — Work Center 12318763-62200 CDA —Capital Improvements 41818832-62200 CDA — Successor Agency 67018843-62200 PD — Police / Administration / Evidence 01114448-62200 PD — Various 01114XXX-62200 PWA — Parks, Fleet, and Facilities 01117651-XXXXX PWA — Traffic/Trans — Service Enhancement 01117620-66220 City Council 15 — 2 12/17/2024 Legal Notices, Public Awareness Advertising, and Publishing Services December 17, 2024 Page 3 PWA — Right -of -Way 01117622-66220 PWA — Park Maintenance Service Enhancement 01117651-66220 PWA — Park Service Enhancement 01117652-66220 PWA — Road Maintenance 01117660-66220 PWA — Measure M2 Local Fairshare 03217662-66220 PWA — Capital Recovery Charges 05417647-66220 PWA — Fed Clean Water Protection 05717640-66220 PWA — Select Street Construction 05917660-66220 PWA — HUTA 2103 Gas Tax 05917663-66220 PWA — HUTA Gas Tax 05917665-66220 PWA — Water Utility Water Production & Supply 06017640-62300 PWA — Water Quality 06017644-62300 PWA — Water Admin/En ineerin 06017645-62300 PWA — Water Utility Capital Projects 06617647-66301 PWA — Environment / Sanitation 06817640-63001 PWA — Roadway Cleaning 06817641-63001 PWA — Refuse Collection Service 06917640-63001 PWA — Development Engineering 10117605-62300 PWA — Street Safety Projects 14717611-66220 PWA — Water Quality and Control 16417640-66220 PWA - ARPA 18117013-66220 EXHIBIT(S) 1. County of Orange Regional Cooperative Agreement No. RCA-017-23010049 Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Alvaro Nunez, City Manager City Council 15 — 3 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 EXHIBIT 1 REGIONAL COOPERATIVE AGREEMENT (RCA) CONTRACT NUMBER RCA-017-23010049 BETWEEN • COUNTY OF ORANGE/COUNTY PROCUREMENT OFFICE AND DAILY JOURNAL CORPORATION FOR LEGAL NOTICES, PUBLIC AWARENESS ADVERTISING AND PUBLISHING SERVICES This Contract RCA-017-23010049 for Legal Notices, Public Awareness Advertising and Publishing Services ("Contract") is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California, ("County") and Daily Journal Corporation, a State of California Corporation ("Contractor") with a County and Contractor sometimes referred to individually as ("Party") or collectively as ("Parties"). ATTACHMENTS This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract: Attachment A — Scope of Work Attachment B — Compensation and Payment Attachment C — Pricing RECITALS WHEREAS, Contractor and County are entering into this Contract for Legal Notices, Public Awareness Advertising and Publishing Services under a firm fixed fee Contract; and, WHEREAS, County solicited Contract for Legal Notices, Public Awareness Advertising and Publishing Services as set forth herein, and Contractor represented that it is qualified to provide Legal Notices, Public Awareness Advertising and Publishing Services to the County as further set forth here; and, WHEREAS, Contractor agrees to provide Legal Notices, Public Awareness Advertising and Publishing Services to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Payment/Compensation, attached hereto as Attachment B; and, NOW, THEREFORE, the Parties mutually agree as follows ARTICLES GENERAL TERMS AND CONDITIONS: A. GOVERNING LAW AND VENUE: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, 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 specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. County of Orange, County Procurement Office Page I of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 4 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 B. ENTIRE CONTRACT: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County's Purchasing Agent or designee. C. AMENDMENTS: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. D. TAXES: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor -Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor. E. DELIVERY: Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Contractor's expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County. F. ACCEPTANCE/PAYMENT: Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the services have actually been rendered, inspected, and tested to the satisfaction of County, and 2) payment shall be made after satisfactory acceptance. G. WARRANTY: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor's part to indemnify, defend and hold County and its indemnities as identified in Article "Z" below, and as more fully described in Article "Z," harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. H. PATENT/COPYRIGHT MATERIALS/PROPRIETARY INFRINGEMENT: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in Article "Z" below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney's fees. County of Orange, County Procurement Office Page 2 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 5 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 I. ASSIGNMENT: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. NON-DISCRIMINATION: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code. K. TERMINATION: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days' written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligations. L. CONSENT TO BREACH NOT WAIVER No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. M. INDEPENDENT CONTRACTOR: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers' compensation or other fringe benefits of any kind through County. N. PERFORMANCE WARRANTY: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County's satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors. O. INSURANCE PROVISION: Contractor will need to comply with the following insurance requirements if making the deliveries to the County of Orange. No insurance is required if a common carrier makes deliveries to the County of Orange. Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor's expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the County during the entire term of this Contract. In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant County of Orange, County Procurement Office Page 3 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 6 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 to this Contract shall be covered under Contractor's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time. All self -insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self - insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County's Risk Manager, or designee, upon review of Contractor's current audited financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following: 1. In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2. Contractor's duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor's SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured. If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A - (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below: Coverage Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage for owned, non -owned and hired vehicles $1,000,000 per occurrence Workers Compensation Statutory Employers Liability Insurance $1,000,000 per occurrence County of Orange, County Procurement Office Page 4 of 26 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Services RCA-017-23010049 Daily Journal Corporation City Council 15 — 7 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 Professional Liability* $1,000,000 per claims -made or occurrence $1,000,000 aggregate Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 1. An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the County of Orange its elected and appointed officials, officers, agents and employees as Additional Insureds, or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. 2. A primary non-contributing endorsement using ISO form CG 20 0104 13, or a form at least as broad evidencing that the Contractor's insurance is primary and any insurance or self- insurance maintained by the County of Orange shall be excess and non-contributing. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. The Commercial General Liability policy shall contain a "Severability of Interests" clause also known as a "Separation of Insureds" clause (standard in the ISO CG 0001 policy). Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Procurement or the agency/department procurement division, award may be made to the next qualified vendor. Insurance certificates should be emailed to CEOPOInsurance(iDoc ov�com. Insurance certificates should state: County of Orange County Procurement Office Attn: Insurance 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701 County of Orange, County Procurement Office Page 5 of 26 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Services RCA-017-23010049 Daily Journal Corporation City Council 15 — 8 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer Contractor will need to comply with the following insurance requirements if making the deliveries to the County of Orange. No insurance is required if a common carrier makes deliveries to the County of Orange. P. CHANGES: Contractor shall make no changes in the work or perform any additional work without the County's specific written approval. Q. CHANGE OF OWNERSHIP: Contractor agrees that if there is a change or transfer in ownership of Contractor's business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor's duties and obligations contained in this Contract and complete them to the satisfaction of the County. County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract. In addition, Contractor has the duty to notify the County in writing of any change in the Contractor's status with respect to name changes that do not require an assignment of the Contract. The Contractor is also obligated to notify the County in writing if the Contractor becomes a party to any litigation against the County, or a party to litigation that may reasonably affect the Contractor's performance under the Contract, as well as any potential conflicts of interest between Contractor and County that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from the County any time there is a change in Contractor's name, conflict of interest or litigation status, Contractor must also provide an update to the County of its status in these areas whenever requested by the County. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Contractor, this obligation shall apply to the Contractor's employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Contractor's efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their County. R. FORCE MAJEURE: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies. S. CONFIDENTIALITY: Contractor agrees to maintain the confidentiality of all County and County - related records and information pursuant to all statutory laws relating to privacy and confidentiality County of Orange, County Procurement Office Page 6 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 9 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor's staff, agents and employees. T. COMPLIANCE WITH LAWS: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of Article "Z" below, Contractor agrees that it shall defend, indemnify and hold County and County INDEMNITEES harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. U. FREIGHT (F.O.B. DESTINATION): Prior to the County's express acceptance of delivery of products, Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. V. SEVERABILITY: If any term, covenant, condition or provision of this Contract 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. W. ATTORNEY FEES: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney's fees, costs and expenses. X. INTERPRETATION: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the parties and this Contract. Y. EMPLOYEE ELIGIBILITY VERIFICATION: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. Z. INDEMNIFICATION PROVISIONS: Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Indemnitees") harmless from any claims, demands or liability of any County of Orange, County Procurement Office Page 7 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 10 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Contractor pursuant to this Contract. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. AA. AUDITS/INSPECTIONS: Contractor agrees to permit the County's Auditor -Controller or the Auditor -Controller's authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection. BB. CONTINGENCY OF FUNDS: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty. CC. EXPENDITURE LIMIT: Contractor shall notify the County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on the Contract unless a change order to cover those costs has been issued. ADDITIONAL TERMS AND CONDITIONS: 1. SCOPE OF CONTRACT: This Contract specifies the contractual terms and conditions by which the County will procure Legal Notices, Public Awareness Advertising and Publishing Services from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as Attachment A. 2. TERM OF CONTRACT: The initial term of this Contract shall become effective September 15, 2023, and shall continue for five (5) years, unless otherwise terminated as provided herein. AMERICANS WITH DISABILITIES ACT (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII ofthe Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities. 4. AUTHORIZATION WARRANTY: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority. 5. BREACH OF CONTRACT: The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: County of Orange, County Procurement Office Page 8 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 —11 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above. 6. CAL -OSHA VEHICLE REGULATION: All vehicles must meet California Motor Vehicle and Cal - OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California. 7. CIVIL RIGHTS: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. 8. COOPERATIVE CONTRACT - REGIONAL COOPERATIVE AGREEMENT (RCA): This Contract is a cooperative contract and may be utilized by all County of Orange departments. The provisions and pricing of this Contract will be extended to any Municipal, County, Public Utility, Hospital, Educational Institution, or any other non-profit or governmental organization. Governmental entities wishing to use this contract will be responsible for issuing their own purchase documents / price agreements, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any Contract entered into with another agency or entity that is entered into as an extension of this Contract a Contract clause that will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this Contract. Failure to do so will be considered a material breach of this Contract and grounds for immediate Contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The County of Orange makes no guarantee of usage by other users of this Contract. A 2 percent rebate on Eligible Revenues will be paid to the County for any contracts the Contractor agrees to enter into with other entities under the provisions and pricing of this Contract. The Contractor shall provide quarterly Volume Sales Reports to the County about additional sales to other entities under the provisions and pricing of this Contract. The Reports shall include the ordering agency, detail of items sold including description, quantity, and price, and shall include all transactions pertaining to sales under the Contract provisions and pricing for that Reporting Period. Contractor shall provide the Volume Sales Reports regardless of whether or not any sales have been conducted. Failure of the Contractor to provide quarterly reports as required, may be deemed breach of the contract. A late penalty of 15 percent on the value of the rebate may be assessed to the Contractor for each month the payments are not received. 9. CONFLICT OF INTEREST— COUNTY PERSONNEL: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The Contractor shall not, during the period of this Contract, employ any County employee for any purpose. 10. CONTRACTOR WORK HOURS AND SAFETY STANDARDS: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state and County's safety regulations and laws. County of Orange, County Procurement Office Page 9 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 12 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 11. CONDITIONS AFFECTING WORK: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions, which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract. 12. COUNTY OF ORANGE LOCAL SMALL BUSINESS PREFERENCE REQUIREMENTS: Contractor certifies it is in compliance with County of Orange Local Small Business Preference requirements at the time this Contract is executed. 13. DATA — TITLE To: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract. 14. DEBARMENT: Contractor shall certify that neither Contractor nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any Federal department or agency. Where Contractor as the recipient of federal funds, in unable to certify to any of the statements in the certification, Contractor must include an explanation with the bid/proposal. Debarment pending debarment, declared ineligibility or voluntary exclusion from participation by any Federal department of agency may result in the bid/proposal being deemed non -responsible. 15. DEFAULT: In case of default by Contractor, the County of Orange may procure the services from other sources. If the cost for those goods and/or services is higher than under the terms of the existing Contract, Contractor will be responsible for paying the County the difference between the Contract cost and the price paid, and the County may deduct this cost from any unpaid balance due the Contractor. The price paid by the County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law. 16. DELIVERY LOCATION — NO LOADING DOCK: Delivery locations may not have loading docks. The Contractor is required to make all necessary arrangements for lift trucks or other means necessary to complete delivery. Inside delivery to secured facilities may be required. 17. DISABLED VETERAN BUSINESS ENTERPRISE: Contractor certifies it is in compliance with County of Orange Disable Veteran Business Enterprise Preference requirements at the time this contract is executed. 18. DISPUTES — CONTRACT: a. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor's Project Manager and the County`s Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process: 1) Contractor shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. County of Orange, County Procurement Office Page 10 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 13 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 2) Contractor's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. b. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the provision of services under this Contract. The Contractor's failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor's demand, it shall be deemed a final decision adverse to the Contractor's contentions. Nothing in this section shall be construed as affecting the County's right to terminate the Contract for cause or termination for convenience as stated in section K herein. 19. DRUG -FREE WORKPLACE: The Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. The Contractor will: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1). b. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: i. The dangers of drug abuse in the workplace; ii. The organization's policy of maintaining a drug -free workplace; iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract: i. Will receive a copy of the company's drug -free policy statement; and ii. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the Contract or both, and the Contractor may be ineligible for award of any future County contracts if the County determines that any of the following has occurred: a. The Contractor has made false certification, or b. The Contractor violates the certification by failing to carry out the requirements as noted above. 20. EMERGENCY/DECLARED DISASTER REQUIREMENTS: In the event of an emergency or if Orange County is declared a disaster area by the County, state or federal government, this Contract may be subjected to unusual usage. The Contractor shall service the County during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster County of Orange, County Procurement Office Page 11 of 26 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Services RCA-017-23010049 Daily Journal Corporation City Council 15 — 14 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 conditions. The pricing quoted by the Contractor shall apply to serving the County's needs regardless of the circumstances. If the Contractor is unable to supply the goods/services under the terms of the Contract, then the Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from the Contractor's supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Contractor shall show both the emergency purchase order number and the Contract number. 21. ERRORS AND OMISSIONS: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as project manager and key personnel attached hereto, prior to submission to the County. Contractor agrees that County review is discretionary, and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor's reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor's reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction 22. EQUAL EMPLOYMENT OPPORTUNITY: Contractor shall comply with U.S. Executive Order 11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. The Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition. Regarding handicapped persons, the Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future. Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future. 23. EQUIPMENT MAINTENANCE SERVICE: Cleaning, inspecting, replacing all worn parts, lubricating, testing, and adjusting will be provided as required to maintain the equipment in satisfactory operating condition. The Contractor inspections will be completed during County work hours and will be coordinated with the agency/department having control of the equipment. Emergency service required and performed during normal business hours is included at no extra charge. The Contractor shall list any parts that are not considered part of this equipment maintenance price agreement. County of Orange, County Procurement Office Page 12 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 15 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 24. GRATUITIES: Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract. 25. HAZARDOUS CONDITIONS: Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall provide flagmen and furnish, erect and maintain control devices as are necessary to prevent accidents or damage or injury to the public at Contractor's expense and without cost to the County. The Contractor shall comply with County directives regarding potential hazards. Emergency lights and traffic cones must also be readily available at all times and must be used in any hazardous condition. Emergency traffic cones must be placed in front of and behind vehicles to warn oncoming traffic. Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in Chapter 5 of the current traffic manual, Traffic Control for Construction and Maintenance Work Zones, published by the state of California Department of Transportation. 26. INTERPRETATION: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract. 27. LOBBYING: On the best information and belief, Contractor certifies no federal appropriated funds have been paid or will be paid by, or on behalf of, the Contractor to any person influencing or attempting to influence an officer or employee of Congress; or an employee of a member of Congress in connection with the awarding of any federal contract, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 28. MATERIAL SAFETY DATA SHEETS (MSDS): The Contractor is required to provide a completed Material Safety Data Sheet (MSDS) for each hazardous substance provided to the County under the contractor's contract with the County. This includes hazardous substances that are not directly included in the Contract but are included in the goods or services provided by the Contractor to the County. The provision of the MSDSs must be in accordance with the requirements of California Labor Code Sections 6380 through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of Regulations. The MSDSs for each substance must be sent to the place of shipment or provision of goods/services and must also be sent to: County of Orange CEO/Risk Management Attn: Safety and Loss Prevention Program PO Box 327 Santa Ana, CA 92702 County of Orange, County Procurement Office Page 13 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 16 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 29. NEWS/INFORMATION RELEASE: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County's Project manager. 30. NOTICES: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the parties' project managers' routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in -person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. Contractor: Daily Journal Corporation Attn: Ari G. Arambula 915 E. 1st Street Los Angeles, CA 90012 Phone: (213) 229-5530 Email: ari_gutierrezkdailyjoumal.com For County: County of Orange County Procurement Office Attn: Jessica Cortez, Deputy Purchasing Agent 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701 Phone: (714) 834-6829 Email: Jessica. Cortez(kocgov.com 31. ORDER DATES: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to County and the order date must precede the expiration date of the Contract. 32. OWNERSHIP OF DOCUMENTS: County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the County. 33. PRECEDENCE: The Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments. 34. PROJECT MANAGER, COUNTY: The County shall appoint a project manager to act as liaison between the County and the Contractor during the term of this Contract. The County's project manager shall coordinate the activities of the County staff assigned to work with the Contractor. The County's project manager shall have the right to require the removal and replacement of the Contractor's project manager and key personnel. The County's project manager shall notify the County of Orange, County Procurement Office Page 14 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 17 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice from the County's project manager. The County's project manager shall review and approve the appointment of the replacement for the Contractor's project manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor's Project Manager from providing further services under the Contract. 35. PROJECT MANAGER AND KEY PERSONNEL, CONTRACTOR: Contractor shall appoint a Project Manager to direct the Contractor's efforts in fulfilling Contractor's obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County's Project Manager, which consent shall not be unreasonably withheld. The Contractor's Project Manager shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County's Project Manager shall have the right to require the removal and replacement of the Contractor's Project Manager from providing services to the County under this Contract. The County's Project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice by the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Contractor's Project Manager. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor's Project Manager from providing further services under the Contract. 36. SUB -CONTRACTING: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the County. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract. In the event that the Contractor is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate by reference the terms of this Contract. The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange. 37. SUBSTITUTIONS: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior County written approval. 38. TERMINATION ORDERLY: After receipt of a termination notice from the County of Orange, the Contractor may submit to the County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the Contractor. Upon termination County agrees to pay the Contractor for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract. 39. USAGE: No guarantee is given by the County to the Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. The Contractor agrees to supply services and/or commodities requested, as needed by the County of Orange, at rates/prices listed in the Contract, regardless of quantity requested. 40. USAGE REPORTS: The Contractor shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of the County of Orange user agency/department. The usage report shall County of Orange, County Procurement Office Page 15 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 18 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of the contract term, or any subsequent renewal term, if applicable. 41. WAIVERS - CONTRACT: The failure of the County in any one or more instances to insist upon strict performance of any of the terms of this Contract or to exercise any option contained herein shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion. County of Orange, County Procurement Office Page 16 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 19 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 CONTRACT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date first above written. DAILY JOURNAL CORPORATION, * e— Doc u Signed by: N&ttb— V, 5ft "ichelle D. Stephens vice President 8/2/2023 Signature Name Title Date DocuSigned by: �Lc Tu To CFO 8/3/2023 Signature Name Title Date COUNTY OF ORANGE, A political subdivision of the State of California Signature Deputy Purchasing Agent Name Title Date * If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation. County of Orange, County Procurement Office Page 17 of 26 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Services RCA-017-23010049 Daily Journal Corporation City Council 15-20 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 ATTACHMENT A �Xall] 9 pro] DILI11] I ►� SCOPE OF SERVICES: Contractor shall provide Legal Notices and Public Awareness Advertising Placement Services to various departments/agencies located throughout the County of Orange. Legal Notices and Public Awareness Advertising Placement Services are requested on an as -needed basis and usage is not guaranteed. I. NO SERVICE CHARGE: Contractor will perform County -requested ad placement services including media research, planning, typesetting, ad placement, online posting, billing, and other related ad placement services at no charge above the commissionable rate of the selected media. II. NEWSPAPER/INTERNET RATES: A. Contractor Shall: Place advertising in daily, weekly, outreach or trade publications, and/or websites. 1. Quote commissionable rates for legal notices and public awareness advertising, including employment recruitment. a. Quoted per column inch rates for frequently used newspapers are quoted for official legal notices and flat rates for seizure and citation notices. Contractor will provide advance quotes for public awareness advertising published in print, websites, or other appropriate advertising vehicles. 2. Update the rate list annually or as rates are changed by the media listed on the contract rate sheets. III. OFFICIAL NEWSPAPER: A. Contractor will provide publishing services for legal notices advertising in a designated newspaper of General Circulation adjudicated for the City of Santa Ana and the County of Orange. B. The official newspaper shall publish not less than three times per week. C. Contractor shall maintain a valid newspaper's adjudicated decree and a current Statement of Ownership (circulation verification) throughout the term of the Contract. D. Contractor will provide deadline schedules and submittal instructions. IV. LEGALLY QUALIFIED NEWSPAPERS: A. Contractor will provide a listing of newspapers qualified to publish legal notices for the County of Orange along with corresponding publishing rates. B. Contractor will provide deadline schedules and submittal instructions. V. OUTREACH PUBLICATIONS/MEDIA: A. Contractor will provide a listing of newspapers and other print media that may be used by County departments for public awareness advertising, including foreign language publications that circulate within the County of Orange. B. Additionally, on an as needed basis, the Contractor will identify publications and websites that may be used for marketing purposes inside or outside the County including out-of-state publications and trade publications such as the Wall Street Journal. County of Orange, County Procurement Office Page 18 of 26 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Services RCA-017-23010049 Daily Journal Corporation City Council 15 — 21 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 VI. WEB BASED AD PLACEMENT: A. At no additional cost to the County, the Contractor shall provide a real-time web based internet access for submittal of advertising text, customized by County department. B. Contractor to provide customization, set-up and training per County department needs and/or requirements. C. The web based internet access must provide customized ad templates and/or import capabilities, publication lists, publication dates, deadlines and legal qualifications, ad tracking, budget tracking, accounting access, on-line archives of invoices and proofs of publication. VII. CONTRACTOR RESPONSIBILITIES: A. Contractor will be responsible for placing advertising orders at no charge above the commissionable rate for Legal, Run of Paper (ROP), Employment and Classified Advertising with various newspapers, magazines, trade publications, Internet web sites and other media as message appropriate for the County of Orange by performing the following: 1. Establish customer accounts for all County agencies/departments on an individual basis. 2. Process all advertising orders/notices in the publication(s) as specified by the requesting County agency/department in accordance with the specifications, instructions, & format provided by the individual requesting agency/department. Some agencies/departments may have politically, and time -sensitive notices/orders to be published on an on -going basis and must maintain control of publications that are language specific. The user department shall submit the advertising information with placement instructions directly to the Contractor avoiding miscommunications with media vendors. Contractor shall be responsible for timely and accurate placement of the notices/ advertisements. 4. Contractor will be required to publish various notices/advertisements from one to thirty days, or longer, per specific written instructions, which may be subject to and governed by strict Government Code. 5. Contractor may be required to provide other services that may include, but are not limited to, copy and ad coordination, ad design, and media planning. Third party charges, if any, will be quoted in advance at the industry standard commissionable rate. B. Contractor will designate an ad placement personnel for the County so that department personnel will speak to the same Contractor staff on a regular basis. C. Contractor will cross -train other staff to cover for the County assigned ad placement personnel to cover during sick and vacation days. D. Services to the County shall not be interrupted due to Contractor's personnel issues. E. Contractor will also assign a field representative to the County to coordinate ad placement procedures and services. VIII. TRANSMITTAL OF ORDERS: A. Each agency or department requesting Contractor's services will have specific requirements, and in some cases, Contractor may be required to provide online access for automated advertisement placement and tracking, and required training and support, at no additional charge to the County, for the purpose of transmitting advertising text to the Contractor. The County will assume no liability for any software supplied to the County in the performance of required services from the Contractor. County of Orange, County Procurement Office Page 19 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 22 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 B. Contractor should be aware that on occasion, emergency situations may require special handling to meet specific publishing deadlines. Contractor must agree and be prepared to assist the County in these special situations. C. The County will not be responsible for the cost of any notice published late or after the requested publication deadline when the request for publication was transmitted to the Contractor within the specified deadline. D. Contractor is responsible for all costs that may be required to fulfill services under this contract. IX. PUBLICATION INSTRUCTIONS: A. Contractor will work with County staff to establish standard procedures for County departments that advertise on a regular basis. Copies of these standard procedures will be distributed to the appropriate County departments. B. Other administrative services available to County departments include confirmation of receipt of ad copy, advance proofs when requested and ad placement software with department specific user and billing information; media lists, and dedicated ad placement coordinator. X. TRANSMITTAL OF ADVERTISING COPY: A. Contractor shall receive legal notices for publication through web -based Internet access, e-mail or fax. Contractor shall review all material submitted for publication to ensure accuracy. The County will be notified immediately of any issues with the advertising copy. B. Contractor shall establish electronic delivery methods with County departments. Electronic delivery provides an efficient method of submitting ad text directly to typesetting systems. These methods are efficient and provide opportunities for increased accuracy, shorter deadlines, convenient confirmations and advance price calculations. C. Departments that do not submit advertising through the Contractor's web -based internet access or email may provide the advertising text and instructions via fax. The advertising request should include advertising text with publishing instructions along with contact name, and phone numbers, billing information and other details that provide for convenient, efficient and accurate ad placement service and billing. XI. ELECTRONIC TRANSMISSION: A. Contractor will provide web -based internet access to County user departments. The web -based internet access will provide boilerplate formats for frequently used notices/advertisements and allow importing of existing documents into its typesetting system. The Contractor's automated publication management system shall allow user departments to submit the publication instructions and produce an online advance proof of the newspaper in -column ad instantly. It shall also provide an option to designate and monitor advertisement placed by a monitoring central department on behalf of other user departments. B. The web -based internet access will capture original keystrokes and format to the specifications of the newspapers. It will also provide access to advertisement status/activity reports and budget tracking reports per department. The Contractor's ad placement coordinator shall review all electronically transmitted orders for accuracy to eliminate errors. County staff may opt to receive invoices, proof of publication, and statements by email. C. Legal notices delivered electronically should be in Microsoft Word or ASCII text file format. The Contractor will convert notices to Word format when necessary. XII. SCHEDULING AND CONFIRMATION: A. Contractor staff shall review publishing instructions after each legal advertising request or notice copy is received. County of Orange, County Procurement Office Page 20 of 26 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Services RCA-017-23010049 Daily Journal Corporation City Council 15 — 23 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 B. Any questions regarding the instructions or notices must be addressed with the appropriate County staff. C. A confirmation shall be sent to the County staff by e-mail or fax stating that the notice has been received and processed as requested. XIII. TYPESETTING AND PROOFREADING: A. Prior to submittal for publication, Contractor staff shall proofread the requested notices and ensure that there are no spelling or grammatical mistakes for overall reasonableness. B. County user departments should submit ad copy in its final form requiring minimal, edits, if any. Written instructions of text changes is required by e-mail or fax before any changes are made. C. Contractor will coordinate replacement of the existing notice with the corrected text upon mutual agreement with County official. D. Advance proofs shall be provided upon request, display ads and for special notices such as the Treasurer's Delinquent Tax List. XIV. PRINTING LEGAL NOTICES: A. Contractor shall print all notices within said newspaper/media in type not smaller than nonpareil or as legally mandated. B. All notices shall be preceded with words printed in blackface type, not smaller than nonpareil describing or expressing in general terms, the purport or character of the notice intended to be given or as per California Government Code Section 6043. C. Non - legal notices will be published in the standard format of the media according to County department's instructions/approval. XV. USAGE REPORTS: A. Contractor shall keep track of all subordinate agreements created against this Contract. Contractor shall keep track of the following information for each using agency/department, but not limited to: amount spent on services per line item, and overall total spent amount. B. Upon request, Contractor shall provide usage reports as requested by County, in a format specified by County. Regardless of the method of payment, any ads placed and paid for with County funds shall be included in the usage reports. XVI. NEWSPAPERS, WEB SITES AND OTHER PUBLICATIONS - NOT LISTED IN ATTACHMENT C FOR LEGAL NOTICES AND PUBLIC AWARENESS ADVERTISING INCLUDING EMPLOYMENT RECRUITMENT: A. Contractor will provide a listing of high circulation daily newspapers, ethnic outreach newspapers, and general and trade employment websites for consideration in posting employment recruitment advertising. These will include newspapers circulated within and adjacent to the County of Orange and websites that reach the target audience of the recruitment notice. B. Contractor shall provide County with price quotes in advance for newspapers, web sites and other publications not listed in Attachment C and will bill County at current rate price. C. County shall approve price quotes provided by Contractor for newspapers and web sites not listed in Attachment C before publication. D. See attachment B — Compensation and Payment for invoicing procedure. County of Orange, County Procurement Office Page 21 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 24 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 ATTACHMENT B COMPENSATION AND PAYMENT I. COMPENSATION: This is a firm -fixed fee Contract between the County and Contractor for Legal Notices and Public Awareness Advertising Placement Services as set forth in Attachment A, "Scope of Work. The Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. The County shall have no obligation to pay any sum in excess of the Fixed Prices and Total Contract Amount specified herein unless authorized by amendment in accordance with Articles C and P of the County Contract Terms and Conditions, which may require approval by the County Board of Supervisors. Contractor will establish individual billing accounts for each County department so that documentation is delivered to the accounts payable designate and forwarded to the County official who requested the publication. An invoice for each notice shall be generated upon completion if publication. Each invoice is then submitted for payment along with its proof of publication. There is no sales tax billed for newspaper publication under the current tax law. II. MONTHLY STATEMENT: A monthly statement of open (unpaid) invoices shall be mailed to each agency/department by the Contractor. The list shall include all advertising orders invoiced and payments made each month. A. Monthly statement includes the following information: • Purchase Order Number Delivery Address • Order Number • Invoice Amount • Month -End Billing • Date Payment Reference • County Account Number • Notice Description • Account Balance • Description of Ad Type • Contractor Company Addresses • Date of Invoice • All Publication Date(s) • Invoice Number • Itemized Billing III. PAYMENT TERMS: Invoices are to be submitted in arrears to the user agency/department to the bill -to address, unless otherwise directed in this Contract. Contractor shall reference the subordinate Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to the County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the Contractor. Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County of Orange for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements. County of Orange, County Procurement Office Page 22 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 25 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services. IV. INVOICING INSTRUCTIONS: The Contractor will provide an invoice on the Contractor's letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information: 1. Contractor's name and address 2. Contractor's remittance address, if different from 1 above 3. Name of County Agency/Department 4. Delivery/service address 5. Master Agreement (MA) 6. Invoice Date 7. Dates of Publication 8. Newspaper Name 9. Ad Description 10. Detailed Charges (rate/unit type x length x number of publications) = Total Amount Due 11. Copy of signed quote or email authorizing purchase (details on section V) The responsibility for providing all acceptable invoice(s) to the County for payment rests with the Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to the Contractor for correction. Authorized County Department staff member or designee, is responsible for approval of invoices and subsequent submittal of invoices to the Auditor -Controller for processing of payment. V. INVOICING PROCEDURE FOR NEWSPAPERS, WEB SITES AND OTHER PUBLICATIONS - NOT LISTED IN ATTACHMENT C INCLUDING EMPLOYMENT RECRUITMENT PUBLICATIONS/MEDIA: In addition to the service requirements and all other terms and conditions provided herein Contractor shall satisfy the following billing/invoicing procedures for Newspapers, Websites, and other publications not specifically named on Attachment C. Failure to follow these procedures fully may delay payment. 1. An authorized County Department staff member will contact the contractor to obtain a written quote. 2. An authorized County Department staff must obtain a quote to publish from Contractor. Contractor to include all appropriate charges in the quote including but not limited to: publication dates, newspaper name, ad description and detailed charges 3. If the authorized County Department staff member finds the quote satisfactory, the authorized staff member will sign the quote and email or fax it back to the vendor authorizing the purchase. The contractor under no circumstance shall release or publish without a written quote signed by an authorized County Department staff member, in their possession. 4. Contractor must attach with the invoice a copy of the matching quote with the authorized County Department staff member signature. VI. PAYMENT (ELECTRONIC FUNDS TRANSFER (EFT): A. The County of Orange offers contractors the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to the County of Orange via an EFT Authorization Form. The County of Orange, Auditor -Controller Agency will control and initiate payment. To request a form, please contact County of Orange, Auditor -Controller - Compliance Unit via phone at (714) 834-3503 or via e-mail to Admin.Vendorgac.ocgov.com. County of Orange, County Procurement Office Page 23 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 — 26 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 ATTACHMENT C PRICING (Bidders will use this to submit pricing to be responsive) 1. LEGAL NOTICES: EXCLUDING SEIZURE & CITATION NOTICES ORANGE COUNTY NEWSPAPERS/OTHER NEWSPAPERS Bidder(s) must indicate Fixed Price & Billing Unit Type by choice of *1-Per Agate Line, *2-Per Actual Line, *3- PCI, *4-Flat Rate or *5-Other (bidder must define the billing unit type for other) and then convert into Per Column Inch Price/Run. Under the column labeled "Billing Unit Type", bidder(s) must indicate their billing unit type. List No. 1 Publication Days Thurs. Newspaper for Public Notices Anaheim Bulletin Fixed price 2.75 Billing Unit Type 1 Per Column Inch Price/Run 38.50 Internet ntoe Posting IFee ff aPP ble> .65 2 Fri. Buena Park Independent 20.00 3 20.00 NO CHARGE 3 Thurs. Capistrano Valley News 2.75 1 38.50 .65 4 Thurs. Dana Point News 2.75 1 38.50 .65 5 Thurs. Fountain Valley View 2.75 1 38.50 .65 6 Thurs. Fullerton News Tribune 2.75 1 38.50 .65 7 Wed., Thurs., Fri, Sat., Sun Daily Pilot (Newport Beach & Costa Mesa) 13.50 3 13.50 75.00 8 Thurs. Daily Pilot (Huntington Beach) 13.50 3 13.50 75.00 9 Thurs. Irvine World News 2.75 1 38.50 .65 10 Thurs. Laguna News Post 2.75 1 38.50 .65 11 Thurs. Laguna Niguel News 2.75 1 38.50 .65 12 Thurs. Laguna Woods Globe 2.75 1 38.50 .65 13 Wed. News Enterprise (Los Alamitos) 20.00 3 20.00 NO CHARGE 14 Thurs. Orange City News (Orange City) 2.75 1 38.50 .65 15 Wed. Orange County News (Garden Grove) 2.50 1 35.00 NO CHARGE 16 Mon. Wed. Fri. Orange County Reporter 15.50 3 15.50 NO CHARGE 17 Thurs. Placentia News Times 2.75 1 38.50 .65 18 Thurs. Saddleback Valley News 2.75 1 38.50 .65 19 Thurs. Seal Beach Sun 20.00 3 20.00 NO CHARGE 20 Thurs. Star -Progress (La Habra/Brea) 2.75 1 38.50 .65 21 Thurs. Sun Post News (San Clemente) 2.75 1 38.50 .65 22 Sun. Mon. Tue. Wed. Thurs. Fri. Sat. The Register (Orange County) 5.20 3 72.80 1.30 23 Thurs. The Tustin News 2.75 1 38.50 .65 24 Thurs. Yorba Linda Star 2.75 1 38.50 .65 NOTE: Price quotes for newspapers and web sites not listed above will be provided in advance to County and will be billed at no charge above the commissionable rate. DEFINITIONS: P/Line: Per Line Actual Line: Number of lines billed per column inch PCI: Per Column Inch Agate Line: 14 agate lines per inch County of Orange, County Procurement Office Page 24 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services City Council 15 - 27 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 2. LEGAL NOTICES: SEIZURE NOTICES List No. Publication Newspaper for Public Notices Flat Rate Maximum Number Price Per Additional e Internet Intposterg fee f le> Da s y Price of Inches Lines (irePP 1 Thurs. Anaheim Bulletin 269.50 7 2.75 .65/AGATE 2 Fri. Buena Park Independent 20.00 1 2.00 NO CHARGE 3 Thurs. Capistrano Valley News 269.50 7 2.75 .65/AGATE 4 Thurs. Dana Point News 269.50 7 2.75 .65/AGATE 5 Thurs. Fountain Valley View 269.50 7 2.75 .65/AGATE 6 Thurs. Fullerton News Tribune 269.50 7 2.75 .65/AGATE Wed., Thurs., Daily Pilot (Newport Beach & 13.50 1 75.00 7 Fri., Sat., Sun Costa Mesa) .96 8 Thurs. Daily Pilot (Huntington Beach) 13.50 1 .96 75.00 9 Thurs. Irvine World News 269.50 7 2.75 .65/AGATE 10 Thurs. Laguna News Post 269.50 7 2.75 .65/AGATE 11 Thurs. Laguna Niguel News 269.50 7 2.75 .65/AGATE 12 Thurs. Laguna Woods Globe 269.50 7 2.75 .65/AGATE 13 Wed. News Enterprise (Los Alamitos) 20.00 1 2.00 NO CHARGE 14 Thurs. Orange City News (Orange City) 269.50 7 2.75 .65/AGATE 15 Wed. Orange County News (Garden Grove) 20.00 1 2.00 NO CHARGE 16 Mon. Wed. Fri. Orange County Reporter 120.00 7 0.00 NO CHARGE 17 Thurs. Placentia News Times 269.50 7 2.75 .65/AGATE 18 Thurs. Saddleback Valley News 269.50 7 2.75 .65/AGATE 19 Thurs. Seal Beach Sun 20.00 1 2.00 NO CHARGE 20 Thurs. Star -Progress (La Habra/Brea) 269.50 7 2.75 .65/AGATE 21 Thurs. Sun Post News (San Clemente) 269.50 7 2.75 .65/AGATE Sun. Mon. Tue. 22 Wed. Thurs. Fri. The Register (Orange County) 509.60 7 5.20 1.30/AGATE Sat. 23 Thurs. The Tustin News 269.50 7 2.75 .65/AGATE 24 I Thurs. Yorba Linda Star 269.50 7 I 2.75 I .65/AGATE NOTE: Price quotes for newspapers, other publications and web sites not listed above will be provided in advance to County and will be billed at no charge above the commissionable rate. DEFINITIONS: Flat Rate: Flat Price for complete run schedule Complete Run: Seizure complete run is once a week for 3 weeks. County of Orange, County Procurement Office Page 25 of 26 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Services RCA-017-23010049 Daily Journal Corporation City Council 15 - 28 12/17/2024 DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 3. LEGAL NOTICES: CITATION NOTICES List No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Publication Days Thurs. Fri. Thurs. Thurs. Thurs. Thurs. Sat., Sun., Wed., Thurs., Fri., Thurs. Thurs. Thurs. Thurs. Thurs. Wed. Thurs. Wed. Mon. Wed. Fri. Thurs. Thurs. Thurs. Thurs. Thurs. Sun. Mon. Tue. Wed. Thurs. Fri. Sat. Newspaper for Public Notices Anaheim Bulletin Buena Park Independent Capistrano Valley News Dana Point News Fountain Valley View Fullerton News Tribune Daily Pilot (Newport Beach & Costa Mesa) Daily Pilot (Huntington Beach) Irvine World News Laguna News Post Laguna Niguel News Laguna Woods Globe News Enterprise (Los Alamitos) Orange City News (Orange City) Orange County News (Garden Grove) Orange County Reporter Placentia News Times Saddleback Valley News Seal Beach Sun Star -Progress (La Habra/Brea) Sun Post News (San Clemente) The Register (Orange County) Flat Rate Price 269.50 20.00 269.50 269.50 269.50 269.50 13.50 13.50 269.50 269.50 269.50 269.50 20.00 269.50 20.00 150.00 269.50 269.50 20.00 269.50 269.50 509.60 Maximum Number of Inches 7 1 7 7 7 7 1 1 7 7 7 7 1 7 1 7 7 7 1 7 7 7 Price Per Additional Lines 2.75 2.00 2.75 2.75 2.75 2.75 .96 .96 2.75 2.75 2.75 2.75 2.00 2.75 2.00 0.00 2.75 2.75 2.00 2.75 2.75 5.20 Internet Posting fee (If applicable) .65/AGATE NO CHARGE .65/AGATE .65/AGATE .65/AGATE .65/AGATE 75.00/POST 75.00/POST .65/AGATE .65/AGATE .65/AGATE .65/AGATE NO CHARGE .65/AGATE NO CHARGE NO CHARGE .65/AGATE .65/AGATE NO CHARGE .65/AGATE .65/AGATE 1.30/AGATE 22 Thurs. The Tustin News 269.50 7 2.75 .65/AGATE 23 I Thurs. Yorba Linda Star 269.50 7 I 2.75 I .65/AGATE NOTE: Price quotes for newspapers, other publications and web sites not above listed will be provided in advance to County and will be billed at no charge above the commissionable rate. DEFINITIONS: Flat Rate: Flat Price for complete run schedule Complete Run: Citation complete run is once a week for 4 weeks. County o " Legal NoticIC' ,Yh �• � ' bdvertising and Publishing Services FUe No. 241530Pj 5 - `L9 Contr ft2}M,7 2AD24D Finance and Management Services www.santa-ana.org/finance Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Offset Printing Services AGENDA TITLE Agreement with Mekong Printing Inc. dba MK Printing for Offset Printing Services (Specification No. 24-082A) (General Fund and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Mekong Printing Inc. dba MK Printing to provide offset printing services for a term beginning November 20, 2024 and expiring November 19, 2027, with provision for one, 2-year extension, in an amount not to exceed $500,000(Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Finance and Management Services Agency's Central Services Division supports all City departments with the duplication and printing of City stationery, forms, flyers, and various other print requests. Print requests of less than 5,000 copies are produced in- house and larger volume requests are produced through third -party vendors. Utilizing third -party vendors is a cost-effective method of producing high volume requests given the vendors' large-scale equipment. The contract for offset printing services is designed to provide quality products in a timely manner and at significant savings based on quantity pricing. Request for Proposals (RFP) No. 24-082A was issued on July 18, 2024 on the City's online bid management and publication system. A summary of vendor participation and results is as follows: CIiE:1•RaITS reTa ITOM I WoI 4 Santa Ana vendors notified 25 Vendors downloaded the RFP packet 3 Proposals received 1 Proposal received from Santa Ana vendors City Council 16 — 1 12/17/2024 Offset Printing Services December 17, 2024 Page 2 Proposals were solicited, opened on August 15, 2024, and evaluated. Three proposals were submitted by the RFP deadline and all were determined to be responsive to the specifications and met the City's requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings: Firm Mekong Printing, Inc. Ultimate Printsource, Inc. Location Rank Santa Ana, CA 1 Claremont, CA 2 Alliance Printing Solutions, Inc. Santa Fe Springs, CA 3 Staff recommends awarding an agreement to the highest -ranked firm, Mekong Printing Inc. dba MK Printing (Exhibit 1). MK Printing offered the lowest prices, are a local Santa Ana vendor, and offer in-house services and optional rush order deliveries. Local Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, which directly notified four Santa Ana vendors. Additionally, Purchasing staff performed supplemental outreach by personally contacting recommended local vendors by email to notify them of the bidding opportunity. One vendor downloaded the RFP and submitted a bid for consideration. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in various departmental Miscellaneous Operating Expenses account (no. 63001) as follows: Fiscal Year Amount November 2024 — June 2025 $58,333 FY 25-26 $100,000 FY 26-27 (July 2026 — November 2026 $41,667 Extension Period FY 26-27 November 2026 — June 2027 $58,333 FY 27-28 $100,000 FY 28-29 $100,000 July 2029 — November 2029 $41,667 City Council 16 — 2 12/17/2024 Offset Printing Services December 17, 2024 Page 3 Depending on the department that requests the print services, such as the Police Athletic and Activity League (PAAL) or the Housing Authority, funds from ARPA or other federal funds may also be used during the duration of this contract. EXHIBIT(S) 1. Agreement with Mekong Printing Inc dba MK Printing Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Alvaro Nunez, City Manager City Council 16 — 3 12/17/2024 EXHIBIT 1 AGREEMENT FOR OFFSET PRINTING SERVICES BETWEEN MEKONG PRINTING, INC. DBA MK PRINTING AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 20th day of November, 2024 by and between Mekong Printing, Inc. dba MK Printing ("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"). RFCITAI,S A. On July 18, 2024, the City issued Request for Proposal No. 24-082A ("RFP"), by which it sought proposals from full service print shops to provide offset printing services, including print jobs, cutting, collating, numbering, drilling, shrink wrapping, padding, folding, stapling, and perfect binding. The RFP shall be incorporated by reference as though attached hereto in full. B. Consultant submitted a timely and responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide services to the City described in the scope of work that was included in the RFP, which shall be incorporated by reference as though attached hereto. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting 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 during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in City's RFP, and Consultant's proposal, and detailed in Scope of Services - Exhibit A, attached hereto and incorporated by reference. Consultant shall comply with all Federal requirements detailed in the City's RFP (Exhibits III -A and III-B of the RFP), also attached hereto collectively as Exhibit B. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed $500,000. Page 1 of 9 444 City Council 16 — 4 12/17/2024 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one 2-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 444 City Council 16 — 5 12/17/2024 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE OF INSURANCE Coverage shall maintain limits of insurance coverage in the following minimum amounts and 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability (AL): Insurance Services Office Form Number CA 00 01 covering any auto (Code 1) with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation (W/C): 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, policy or employee, for bodily injury or disease. This requirement can be waived if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses Page 3 of 9 444 City Council 16 — 6 12/17/2024 paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this Agreement, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Community Development Agency, 20 Civic Center Plaza M-25, P.O. Box 1988, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original certificates and 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 the 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. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the Page 4 of 9 444 City Council 16 — 7 12/17/2024 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Page 5 of 9 444 City Council 16 — 8 12/17/2024 information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements (including specifically Agreement N- 2024-240), 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 is not embodied herein. 14. 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. Page 6 of 9 444 City Council 16 — 9 12/17/2024 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by Page 7 of 9 444 City Council 16 — 10 12/17/2024 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Suzanne Stephens-Truong Vice President Mekong Printing, Inc. dba MK Printing 2421 W. First Street Santa Ana, CA 92703 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 8 of 9 444 City Council 16 —11 12/17/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Downs Executive Director Finance and Management Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: HNiPres7ien �1A.�ong Page 9 of 9 #4 City Council 16 — 12 12/17/2024 EXHIBIT A SCOPE OF SERVICES City Council 16 — 13 12/17/2024 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below. A. GENERAL REQUIREMENTS 1. All print jobs will be produced to the specification, stock and layout requirements as indicated on each job. a. Approval of the Central Services Supervisor is required prior to any change in the print job's specification. 2. All print job quantities printed shall be governed by the City's standard plus or minus five perecent (5%) allowance, no exceptions. B. FINISHING Contractor must be able to provide the following services either in-house or by subcontracting these services out. Proposals must specify which, if any, services are to be subcontracted. If services are subcontracted, then per Section XI. General Terms and Conditions, sub -section Z. Subcontractors: "An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor's obligations." 1. Cutting 2. Collating 3. Numbering 4. Drilling 5. Shrink Wrapping 6. Padding 7. Folding 8. Stapling 9. Perfect Binding C. DELIVERY a. Pick-up of necessities (artwork, supplied stock, dies, etc.) promptly and delivery of printed job(s) within three (3) business days. Contractor must let the City know at time of quotation if any jobs will require a longer turnaround time. 2. Completed jobs must be delivered to the location below by 5:00 PM on the due date: City oQjJyt�AolnciI RFP No. 24-Jbx- 14 12/176261214of 52 (9) CITY OF SANTA ANA Santa Ana City Hall — Basement Central Services Division 20 Civic Center Plaza Santa Ana, CA 92701 The City reserves the right to request delivery (Shipping FOB Destination) to additional locations within Santa Ana such as other City departments outside of City Hall, as needed. City oQjjyt�Aolncll RFP No. 24-ab,- 15 12/176261214of 52 EXHIBIT B FEDERAL REGULATIONS a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobby - Recipient will comply with all applicable lobbying prohibitions and laws, City Council 16 — 16 12/17/2024 including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR, Subtitle B, Chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. 1. Copeland Anti -Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti -Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. (1) Contractor — Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts — Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. City Council 16 — 17 12/17/2024 (3) Breach — A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis -Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR Part 401 and any other implementing regulations, as applicable. s. CoRyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the City Council 16 — 18 12/17/2024 preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a 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. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) 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 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services provided by such entities or using such equipment. (4) 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. u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "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; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: City Council 16 — 19 12/17/2024 (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, 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 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor 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 contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor 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. (6) The contractor 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. City Council 16 — 20 12/17/2024 (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction 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. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 contractor 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. City Council 16 — 21 12/17/2024 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. I. 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 (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 employees and applicants for employment. City Council 16 — 22 12/17/2024 (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 has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant City Council 16 — 23 12/17/2024 to the Executive Order and will carry out such sanctions and penalties 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 H, 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. City Council 16 — 24 12/17/2024 (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 requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant 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 City Council 16 — 25 12/17/2024 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 verify that all subcontractors performing work under this Agreement are not debarred, disqualified, 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: Consultants 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 M — §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-cp g-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 City Council 16 — 26 12/17/2024 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 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary 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: City Council 16 — 27 12/17/2024 (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 encourage participation by small and minority business, and women's business enterprises; and (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. City Council 16 — 28 12/17/2024 (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. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. (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. (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. City Council 16 — 29 12/17/2024 (ii) The list of persons and entities referenced in the paragraph above includes the following: management; enforcement agency; (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (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 City Council 16 — 30 12/17/2024 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. (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 apart 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 apart 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 City Council 16 — 31 12/17/2024 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. (x) 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 16 — 32 12/17/2024 EXHIBIT C COMPENSATION Fee Proposal including hourly rates if applicable City Council 16 — 33 12/17/2024 (9) CITY OF SANTA ANA ATTACHMENT B PRICING & SAMPLES PRICING - MK PRINTING INC. Pricing for each print specification must be all-inclusive. All print jobs must include applicable charges associated with the job, such as proof changes, print job order pick-up and delivery of finished product. No additional charges will be accepted. Item Quantity Description Unit Price Extended per 1,000 Price 1. 5,000 Flyers: 8-1/2" x 11", 1 sided on 20# color bond, black ink 1/0 $ 30.00 $ 150.00 2. 5,000 Flyers : 8-1/2" x 11 ", 1 sided on 20# color bond, printed in 2 ink colors 2/0 $ 53.00 $ 265.00 3. 2,000 sets NCR set: 8-1/2" x 11", 3-part NCR in white/canary/canary (non-standard seq.) $ 336.49 $ 672.98 printed face black and red ink 2/0 , pad top 4. 4,000 sets NCR Form: 8-1/2" x 14" 3-part NCR in Provide sample white/canary/pink, printed face with black $ 227.11 $ 908.44 ink 1/0, pad top, 2 holes punched top 5. 2,000 #10 Standard Envelope on 24# white wove, Provide sample Reflex blue ink 1/0 $ 84.50 $ 169.00 6. 10,000 sheets Pads : 8-1/2" x 5-1/2" in pads of 50 sheets, 20# white bond, black ink 1/0, pad top, 200 $ 72.50 $ 145.00 pads upon completion per 100 pads 7. 5,000 Letterhead: 8-1/2" x 11" on 20# bond, Reflex Provide sample blue ink 1/0. Shrink wrap in 500's. $ 45 $ 225.00 8. 1,000 Printed cards: 3" x 5" on 110# white index, black ink 1/0. $ 32.00 $ 32.00 9. 5,000 Printed cards: 8-1/2" x 11" on 110# white Provide sample card stock, black ink 1/1, numbered $ 95.40 $ 477.00 10. 5,000 Doorknocker cards: 4-1/4" x 11" on 110# Provide sample white cardstock, black ink 1/1, with door $ 97.00 $ 485.00 knob hole punched at top. GRAND $ 3529.42 TOTAL Submit the five (5) sample jobs identified above. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City oQjJyta3AomnciI RFP No. 24-Jbx- 34 12/1762924 of 52 Mekong Printing Inc. dba MK Printing for Offset Printing Services - Vendor Signature Final Audit Report 2024-11-04 Created: 2024-11-04 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA3G4JTxYgsoRWBDbEoW3xH1kXmCEzVF08 "Mekong Printing Inc. dba MK Printing for Offset Printing Service s - Vendor Signature" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2024-11-04 - 8:44:42 PM GMT ° ' Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2024-11-04 - 8:45:20 PM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2024-11-04 - 10:47:44 PM GMT Lg Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2024-11-04 - 10:48:01 PM GMT - Time Source: server d Agreement completed. 2024-11-04 - 10:48:01 PM GMT Q Ado i y ounce • 16 — 35 12/17/2024 Finance and Management Services www.santa-ana.org/finance Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Ambulance and Paramedic Billing and Collection Services AGENDA TITLE Agreement with Wittman Enterprises, Collection Services (Specification No, RECOMMENDED ACTION LLC for Ambulance and Paramedic Billing and 24-104) (General Fund) Authorize the City Manager to execute an agreement with Wittman Enterprises, LLC to provide ambulance and paramedic/medical billing and collection recovery services, based on a contingent collection fee rate of 3.75%, for a term beginning January 1, 2025 and expiring December 31, 2027, with provisions for three optional one-year extensions (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Treasury and Customer Service Division of the Finance and Management Services Agency ("FMSA") is responsible for the administration of the City's ambulance/ paramedic billing and cost recovery services. The primary tasks include the following: • Assure the City is reimbursed in a timely manner for emergency medical services ("EMS") and transport provided through the City's contracts with the Orange County Fire Authority ("OCFA") and Falck dba Care Ambulance Services ("CARE"). • Maximize the legal cost recovery to the City from all resources, including but not limited to, Medicare, Medi-Cal, Private Insurance, and Private Pay for the EMS and transport provided. • Manage provider compliance with Medicare and Medi-Cal to ensure the City has a record of clean claims and a history of proper billing. • Supply comprehensive revenue recovery involving appeal of Medicare, Medi-Cal, and private insurance denials, researching all private pays to find viable insurance, and working with patients to arrange alternate methods of repayment. • Help coordinate patient participation in the City's paramedic subscription program with other insurance coverage payments. • Support the City's efforts in the upcoming contract cycle to develop policies pertaining to billing and collection efforts, as well as hardship guidelines. These City Council 17 — 1 12/17/2024 Ambulance and Paramedic Billing and Collection Services December 17, 2024 Page 2 efforts will incorporate standard and accepted industry practices to ensure compliance with the most recent legislation. EMS billing and collections is a complex service that entails gathering patient insurance information, processing Medicare and Medi-Cal claims for reimbursement, continuously training on governmental regulatory requirements, and maintaining compliance with dynamic health care laws and regulations. The tasks listed above are accomplished using a third -party billing and collection recovery service provider. Request for Proposals (RFP) 24-104 was issued on August 22, 2024 on the City's online bid management and publication system. A summary of vendor participation and results is as follows: 351 Vendors notified 1 Santa Ana vendor notified 20 Vendors downloaded the RFP packet 3 Proposals received 0 Proposals received from Santa Ana vendors Proposals were solicited, opened on September 26, 2024, and evaluated. Three proposals were submitted by the RFP deadline and all three were determined to be responsive to the specifications and meet the City's requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. The following summarizes the responding firms and their rankings: Firm Location Rank Wittman Enterprises, LLC Rancho Cordova, CA 1 Di itech Chappaqua, NY 2 GeBBS Healthcare Solutions, Inc. Culver City, CA 3 The evaluation committee of three City FMSA staff members evaluated proposals in accordance with the RFP criteria, and determined that Wittman Enterprises, LLC best met the City's specifications, demonstrated vast experience working in this field, and has the capacity to meet the City's current and future needs. Staff recommends the selection of Wittman due to its extensive experience and its specialty with invoicing, categorizing, recording, monitoring, supervising, and managing of ambulance billing and EMS cost recovery systems and services. Furthermore, staff is confident in Wittman's capability to promote, administer, and collect on the City's Paramedic Subscription Program if that optional service is triggered. For the City Council's knowledge, the Paramedic Subscription Program is currently managed by the Treasury and Customer Services Division. The Program is voluntary and provides coverage of emergency paramedic services within the City of Santa Ana to permanent residents at the cost of one annual subscription fee, presently $70. The City Council 17 — 2 12/17/2024 Ambulance and Paramedic Billing and Collection Services December 17, 2024 Page 3 subscription fee, included as part of the Miscellaneous Fee Schedule, may be changed by the City Council in compliance with certain Medicare guidelines. Lastly, for the City Council's knowledge, Wittman Enterprises has provided their clients complete ambulance billing services in compliance with current local, state, and federal laws and statutes since 1991. Additionally, Wittman presently provides services to more than 140 public EMS clients in California, including 12 cities in Orange County such as Santa Ana's neighboring cities of Anaheim, Orange, Costa Mesa, and Fountain Valley. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Payment for services is contingent upon successful collection; Wittman will share in the total revenue recovered from their billing/collection efforts and paid from the Fire Suppression / EMS Contract Services Professional account (no. 01115330-62300). Revenues generated as a result of this agreement will be as follows: • Paramedic Subscription Fee (Ambulance Transport) — 01115002 - 53509 • Paramedic Services Charge (Paramedic Subscription Program) — 01115002 - 53510 EXHIBIT(S) 1. Consultant Agreement for Wittman Enterprises, LLC 2. RFP No. 24-104 Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Alvaro Nunez, City Manager City Council 17 — 3 12/17/2024 CONSULTANTAGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 17�' day of December, 2024 by and between Wittman Enterprises, LLC, a California Limited Liability company, ("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 August 22, 2024, the City issued a Request for Proposals No. 24-104 ("UP"), by which it sought a consultant to provide ambulance and paramedic billing and collection services for the City's Emergency Medical Services (EMS) and Emergency Medical Transport Services (EMTS) Programs. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide such services to the City described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES 1. Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. At the sole discretion of the City (upon a writing to Consultant by City Manager or his/her designee and City Attorney), 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 and set forth in Scope of Optional Services — EXHIBIT B, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services as set forth in EXHIBIT A, a percentage fee of 3.75% of net collections obtained by Consultant for each contract year, including any extensions granted by the City. b. City agrees to pay, and Consultant agrees to accept as total payment for its optional Page 1 of 14 #45 City tounci1 17 — 4 12/17/2024 services the rates and charges as set forth in EXHIBIT B. c. Consultant shall bill for Emergency Medical Services at the rates established by City Council Resolution. d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2025 for a three (3) year term with the option for the City to grant up to three (3) 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in Page 2 of 14 #45 12/17/2024 City o u n c i 1 17 — 5 any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of City's data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. 2. Cyber Liability (CL): Insurance, with limits not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 3. Professional Liability Insurance (PL) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. 4. Workers' Compensation (WC) as required by the State of California, with statutory limits, and Employer's Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease. If Consultant maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: Page 3 of 44 #45 12/17/2024 City o u n c i 1 17 — 6 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Company's CGL, CL, and PL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant. 2. Consultant's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the CGL, CL, PL, WC policies which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Finance and Management Services Agency, Executive Director, 20 Civic Center Plaza M-15, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. Page 4 of 14 #45 12/17/2024 City o u n c i 1 17 — 7 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, Consultant must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive City's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. 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. Failure to Maintain Insurance Coverage If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. City, at its sole option, may terminate this Agreement at any time and obtain damages from Company resulting from said breach. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, Page 5 of 44 #45 City tounci1 17 — 8 12/17/2024 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 6 of 14 #45 12/17/2024 City o u n c i 1 17 — 9 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of 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 Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of Page 7 of 14 #45 12/17/2024 City o u n c i 1 17 — 10 performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Kathryn Downs, CPA, Executive Director Page 8 of 44 #45 12/17/2024 City o u n c i 1 17 —11 Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Corinne Wittman -Wong, CEO Wittman Enterprises, LLC 11093 Sun Center Drive Rancho Cordova, California 95670 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. {Signatures on Following Page) Page 9 of 14 #45 City tounci1 17 — 12 12/17/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R CARVALHO City Attorney B &/ ( V �". S�iti•`.� 1 Andrea GMarcia-Miller Assistant City Attorney RECOMMENDED FOP, APPROVAL: Kathryn Downs, CPA Executive Director Finance and Management Services Agency #456646vl CITY OF SANTA ANA Alvaro Nunez City Manager WITTMAN ENTERPRISES, LLC: 4 ^y9 orinne Wittman -Wong CEO Tax ID# 68-0456021 Page 10 of 14 City Council 17 — 13 12/17/2024 EXHIBIT A SCOPE OF SERVICES General Requirements 1. Consultant shall be responsible for modifying their billing systems to capture all necessary data generated from the ambulance & paramedic billing and collection services program as an electronic file and provide a description of the electronic file needed to receive data transmitted from OCFA. 2. Consultant shall work with OCFA and their electronic Prehospital Care Report (ePCR) vendor to identify data input gaps, errors and other data needs, and describe a means of obtaining solutions to these problems. 3. Consultant must be able to accurately transfer all necessary information from the OCFA ImageTrend database, based on the information provided by the electronic OCFA's ePCR, and obtain any additional information needed that is not included in the ePCR for proper and correct invoicing. 4. Consultant must have the capability to fully integrate and support OCFA's selected ePCR application. 5. Consultant shall bill for emergency medical services in a timely manner, including but not limited to the billing of Medicare, Medical/Medicaid, private insurances, supplemental insurances, secondary insurances and workers' compensation carriers according to specific requirements. 6. Consultant shall provide to the City and the City's contracted collection agency, listings of accounts, which the company feels are uncollectable, through normal collection processes, for further action by the City and the City's contracted collection agency. 7. Contactor must be able to forward and work with the City's contracted collection agency on listings of uncollectable accounts. 8. Consultant shall have the ability to handle third -party payer submission inquiries regarding insurance claims. 9. Consultant must work with County of Orange and perform screening of all medically indigent patients. 10. Consultant shall process all customer payments in accordance with the applicable Payment Card Industry (PCI) security requirements. 11. Consultant shall research and follow-up on all accounts with inadequate billing information. This shall include the following at minimum: a. Contact OCFA and/or Falck dba Care Ambulance for missing and/ or incomplete City Council 17 — 14 12/17/2024 information, which may be found in their records; b. Contact receiving hospital for missing and/ or incomplete billing information needed from the admitting/ registration records; c. Contact patient family members or emergency contacts for information; d. Refer to zip code/ street directories for incomplete/ missing address information; and/or e. Mail inquiries to the patient. 12. Consultant shall have the ability to cross reference patient files in various methods (i.e. Last Name, Social Security Number, Service or Residence Address, Date of Birth, Date of Service, etc.). 13. Consultant shall have the ability to receive patient care documentation on paper and electronically. 14. Consultant shall maintain updated and current technology that will continuously provide the highest level of reimbursement and customer service possible. 15. Consultant must meet or exceed mutually agreed upon collection targets. 16. Consultant must instruct customers to submit all payments to Consultant, and not the City of Santa Ana. 17. Consultant shall collect and deposit payments on no less than a weekly basis, within three (3) days following receipt of payment. Customer Service Requirements 1. Consultant shall designate a single manager for the City's account, who will be the City's primary contact with their agency. 2. Consultant shall provide all supplies, equipment, personnel, computer software and hardware, billing forms, insurance forms, lien forms, envelopes, postage and supplies necessary to administer, on a day-to-day basis, the City's EMS billing and accounts receivable functions. 3. The company shall provide all billing statements in English and Spanish, and maintain a necessary staff of bilingual account representatives. 4. Consultant shall provide excellent customer service to citizens of Santa Ana who have billing questions or problems, by providing a nationwide toll -free phone number and an email address so individuals with questions or requiring assistance with invoices, may contact the company directly at no additional cost to the City. 5. Consultant shall have demonstrated experience and ability to act as the City's authorized agent for liaising on the City's behalf with the Centers for Medicare Services and/or their designated agents as well as associated state agencies. City Council 17 — 15 12/17/2024 6. Consultant shall have demonstrated experience and ability to act as the City's authorized agent for liaising with the City's contract EMS provider (OCFA). Records and Reports 1. Consultant shall maintain complete records of each bill, including all correspondence, documents, account records, transactions and a detailed log of all payments. These records shall be retained for a minimum of three (3) years. a. Consultant shall provide the City with electronic access to these billing records. 2. Consultant shall maintain records that are in accordance with the Generally Accepted Accounting Principles (GAAP). The Proposer agrees that all account files are the property of the City and will relinquish them to the City at the termination of the contract. 3. Consultant shall provide monthly finance, billing, account receivable aging reports, billing summaries, details for current month invoicing, current write-off, refund reports (including pending refunds), detail of monthly receipts account reconciliation, and any additional reports that the City may need or request, in the specific format requested. 4. Upon request, Consultant shall make all books and records available to both internal and external auditors. 5. Consultant shall provide annual and semi-annual EMS revenue collection projections to City staff upon request. 6. Consultant will conduct ePCR documentation training and/or workshops for personnel associated with the Orange County Fire Authority and the City's ground emergency transport provider to enhance cost recovery efficiencies. This includes (4) hours of teleconference, webinar, or Zoom -facilitated training, and (6) hours for Santa Ana EMS Management. Additional and onsite training as requested by the City of Santa Ana will be at the contracted rate of $125 per hour (personnel rate) plus associated travel expenses. Compliance 1. Consultant must comply with all applicable provisions and specifications of the Health Insurance Portability and Accountability Act (HIPAA), as well as other federal, state, and local statues and regulations addressing patient privacy issues throughout the term of the contract. 2. Consultant shall maintain proficiency and comply with all statutory, regulatory, and other legal requirements, including amendments to such requirements, which impact billing, reimbursement and/or collections for EMS and release of private medical information. 3. Consultant agrees to cooperate with the City regarding the handling of accounts. These accounts may be included, but are not limited to accounts of the specific age classifications, handicapped, and certain dependent situations. 4. Consultant shall provide regular and continuous education and training for Consultant's staff, updating them immediately on all changes in the industry or government regulations that may have an impact on services being provided to the City. Consultant will extend education and City Council 17 — 16 12/17/2024 training to City staff to support in the development of policies pertaining to billing and collections, as well as hardship guidelines. Meetings 1. Consultant must meet with City staff upon execution of contract to discuss goals of the relationship, the services to be provided, and other topics relevant to the ambulance & paramedic billing and collection services program. 2. Consultant agrees to meet with the City routinely and on request to discuss problems, special needs, future changes, and updates in software, technology, statistical data requests, or other relevant issues. City Council 17 — 17 12/17/2024 EXHIBIT B SCOPE OF OPTIONAL SERVICES A. City Paramedic Subscription Program City at the sole discretion of the City Manager and City Attorney shall have the option to transfer the promotion and administration of the City's Paramedic Subscription Program to Consultant under the following terms: 1. As a condition to participation in Consultant's optional City Paramedic Subscription Program and to ensure that City is compliant with Medicare guidelines on subscription fees, City shall impose a minimum paramedic services subscription fee of not less than $70.00. 2. City shall thereafter inform Consultant in writing of City's decision to participate in Consultant's optional City Paramedic Subscription Program within the time -frame parameters set forth in Section 9, below. 3. Upon receipt of City's written decision to participate in Optional City Paramedic Subscription Program, Consultant shall assist City in generating and formatting an initial mass mailer to solicit participation by residents of the City of Santa Ana in the paramedic services subscription program, to be mailed by the City. Consultant shall assist in generating and formatting a renewal paramedic services subscription program mailer and will assist in formatting that mailer for mass mailing. Basic mailer and renewal mailer shall include a multi -color, double - sided City Paramedic Subscription Program solicitation letter/application, and prepaid return envelope. Use of additional colors, inserts, or enclosures may be added at the direction of the City. Consultant's cost shall reflect increased service costs, materials, and postage. Consultant shall prepare a statement of additional costs per mailing piece for approval by City prior to incurring additional costs. 4. City shall generate the initial mass mailing list from residential billing accounts listed in the City's Municipal Utility Billing System database for the most current billing period applicable. The Mailing List shall be comprised of all residential paramedic billing accounts in the City's Municipal Utility Billing System. Consultant shall annually, not less than sixty (60) days prior to the expiration of each registered City Paramedic Subscription Program member, send a renewal mailer/renewal application to such subscriber; and collect all Paramedic Subscription Program applications and membership fees remitted. City agrees to pay the cost of mailing materials and the postage charges associated to mailing said renewal mailers/applications including prepaid return envelope. 5. Consultant shall thereafter, on an on -going basis send an initial paramedic services subscription program mailer to any non -subscription paramedic service recipient with hardship requests and/or private pay installment discussions occurring by telephone between the patient and Consultant's customer service agent. City agrees to pay the cost of mailing materials and the postage charges associated to mailing said mailers/applications including prepaid return envelope. City Council 17 — 18 12/17/2024 6. Consultant shall receive and process each subscription application by adding the member to Consultant's system and posting the payment. This database will be used to identify any subscription member that may be transported upon the input to Consultant's billing system. City will receive separate monthly reports for the subscription program. 7. Fees. The City agrees to pay the cost of designing and distributing any marketing or outreach materials, mailing materials and the postage charges associated to distributing the mailers including prepaid return envelopes. Consultant agrees no other fees may be charged to City beyond the 3.75% of net collections from each subscription payment collected. B. Implementation of EMS Treat -No -Transport Call and First Responder Call Fees The City, by a Resolution of the City Council, may impose fees associated with EMS Treat -No - Transport calls and First Responder calls at any point during the term of this agreement. If such fees become active during the initial term, the City will notify the Consultant in writing and agrees to pay to Consultant a percentage fee of 3.75% of net collections obtained by Consultant for each initial contract year. The City and Consultant agree to negotiate a revised percentage of net collections for the following extension years but in no event may the revised percentage exceed 8% of net collections. City Council 17 — 19 12/17/2024 Wittman Consultant Agreement - 12-02-2024(456648.1) Final Audit Report Created: 2024-12-02 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAW18WOuAm-CaSE11yFAe1dDETb5o0tFkl CAO signed 2024-12-02 "Wittman Consultant Agreement - CAO signed 12-02-2024(4566 48.1)" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2024-12-02 - 8:54:24 PM GMT Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2024-12-02 - 8:55:04 PM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2024-12-02 - 9:55:53 PM GMT &0 Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2024-12-02 - 9:56:05 PM GMT - Time Source: server Agreement completed. 2024-12-02 - 9:56:05 PM GMT Ado i y ounce . 17 — 20 12/17/2024 EXHIBIT 2 REQUEST FOR PROPOSALS NO. 24-104 FOR AMBULANCE & PARAMEDIC BILLING AND COLLECTION SERVICES CITY OF SANTA ANA KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Thursday, August 22, 2024 Deadline for Questions: Thursday, August 29, 2024, 4:00 P.M. Proposal Due Date: Thursday, September 26, 2024, 4:00 P.M. City Council 17 — 21 12/17/2024 w "1 CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND...........................................................................................................................3 II. OVERVIEW OF PROJECT..........................................................................................................3 III. TERM OF AGREEMENT............................................................................................................ 3 IV. MINIMUM QUALIFICATIONS......................................................................................................4 V. RESPONSE TO RFP..................................................................................................................4 VI. CERTIFICATIONS (ATTACHMENTS)....................................................................................... 10 VII. REFERENCES..........................................................................................................................11 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE....................................................................... 11 IX. SELECTION PROCEDURES & CRITERIA............................................................................... 11 X. WITHDRAWALS........................................................................................................................12 XI. GENERAL TERMS AND CONDITIONS.................................................................................... 12 XII. AWARD OF AGREEMENT........................................................................................................ 17 XII I. IMPLEMENTATION................................................................................................................... 17 EXHIBITS Exhibits provided herein for Proposers'reference only. EXHIBIT I — SCOPE OF SERVICES EXHIBIT II — SAMPLE AGREEMENT ATTACHMENTS A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING B REFERENCES C PROPOSER'S STATEMENT D NON -COLLUSION AFFIDAVIT E NON -LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION City Council 17 — 22 12/17/2024 (9)CITY OF SANTA ANA A. BACKGROUND The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. The City of Santa Ana contracts with the Orange County Fire Authority (OCFA) to provide primary response for fire suppression and Emergency Medical Services (EMS). The City also contracts with a private ambulance provider to provide emergency medical transport; the current contractor for ambulance service is Falck dba CARE Ambulance. The City's current EMS billing and collection service provider is Wittman Enterprises, LLC. In addition, the City maintains a paramedic subscription program that is available to residents to help offset the cost of ambulance transport. For more information, please visit https://www.santa-ana.org/ B. OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide ambulance & paramedic billing and collection services for EMS. The City seeks an experienced and effective Contractor that minimizes City costs, maximizes the use of available technology, provides excellent client and customer service, and performs thorough and complete paramedic billing and cost recovery. The City wishes to create efficiencies and make improvements wherever possible, and take advantage of new technologies. It is the City's intent to maintain all emergency medical and ambulance transportation billing with one institution to maximize systems and minimize administrative costs. The City currently transports approximately 16,000+ patients per year through its third -party ambulance provider. The current payer mix consists of the following: Medicare/Medicare HMO 27.56% Medi-Cal/HMO 31.71 % Commercial Insurance 5.06% Private Pay 35.48% See EXHIBIT I for complete Scope of Services. The term "Vendor", "Proposer", "Firm", "Consultants", and "Contractor" shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). C. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. City PiNPPAP19il RFP No. 24IT04 23 12/1 NPAf 35 (9)CITY OF SANTA ANA Transition Period: The successful Proposer/Contractor shall facilitate a transition for the City from the current ambulance & paramedic billing and collection services company to the new company within a 6-month period from January 1, 2025 to June 30, 2025. In the event the incumbent provider is the successful Proposer/Contractor the term of contract will commence January 1, 2025. D. MINIMUM QUALIFICATIONS 1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP. 2) Minimum three (3) most recent years of experience performing similar services to other government agencies, preferably municipalities, as those detailed in the Scope of Services section of this RFP. 3) The Proposer must have expertise needed to correctly invoice for services specified herein to Medicare/Medicaid HMO, commercial insurance companies, and private pay individuals, based on the City's fee schedule and the City's Paramedic Subscription Program. E. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City's assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. CityPiNPPAP19il RFP No. 24IT04 24 12/1i3QRbf 35 (9) CITY OF SANTA ANA B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City's Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the "Addenda/Emails" tab. General process questions may be directed to the following: Jacques Lam Buyer Email: ilam(a�santa-ana.orq D. EXCEPTIONS Requests submitted for City's consideration of proposed terms and conditions, including modifications to the City's RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City's terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. City PiNPPAVIgil RFP No. 24IT04 25 12/1 �QR�f 35 (9) CITY OF SANTA ANA F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City's required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Alejandra Gutierrez, Treasury & Customer Services Manager City of Santa Ana — Finance & Management Services 20 Civic Center Plaza Santa Ana, CA 92701 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in Exhibit I — Scope of Services. c. Agreement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II — Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm's experience including the following: City gfib(aPRAVIgil RFP No. 24IT04 26 12/13QR'bf 35 (9)CITY OF SANTA ANA A general description of the firm, including size and number of employees working directly with the City on this agreement. Firm's nearest address serving the City of Santa Ana and headquarters address. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Describe the qualifications of the firm, key staff, and sub -contractors performing projects within the past five (5) years that are similar in size and scope to demonstrate competence to perform these services. V. List all business names to which Proposer provides ambulance & paramedic billing and collection services for EMS Services in the County of Orange. vi. Provide a list of current and previous contracts awarded to Proposer for the provision of similar services to the requirements for the City of Santa Ana. Include all public agencies served. For each, provide a brief description of the SOS, length of time Proposer has been providing services, and name, title and telephone number of the person who may be contacted regarding the firm's service record. vii. Provide information regarding their organization's experience with ePCR software, specifically ImageTrend, including a complete list of their customers utilizing ePCRs and the name and contact information of the software companies utilized. viii. Include a complete package describing billing and collections, follow-up, account posting, and accounts receivable reconciliation and reporting services. ix. Provide copies of Proposer's ethical standards, confidentiality policies, managerial philosophy, customer service standards and standards of service quality. State manner in which Proposer ensures these standards will be evaluated and maintained. The materials may include, but are not limited to: a. Membership in and/or good standing with an organization that is devoted to ensuring high standards of customer service and consumer protection, such as the Better Business Bureau. b. Membership in and/or good standing with a professional organization devoted to encouraging and maintaining ethical or service standards. c. Evidence of training and education in customer service, maintaining quality standards and/or maintaining quality standards received by the firm, its employees and its subcontractors. d. Letters of recommendation from customers and contracting agencies. City PiNaPPAP19il RFP No. 24IT04 27 12/1 �QQ210bf 35 (9) CITY OF SANTA ANA e. Copies of instructional material used to ensure employee adherence to ethical, quality and customer service standards. A list of references that will attest to the firm's ethical, quality and service standards. The list should include the name, address and telephone number of the person who may be contacted and a description of the relationship between the firm and the reference. X. The City is interested in knowing how Proposers support communities they serve. Please provide information on Proposer's company participation in local community, charitable and civic organizations and events, including membership in civic organizations, charitable contributions made by Proposer's company, etc., for consideration in the RFP evaluation. e. Proposed Work Plan Proposal shall include a statement demonstrating the firm's understanding of the Scope of Services. Additionally, proposed work plan shall include: Description, in detail, of company's method of approach to the Scope of Services as defined in Exhibit I. Address the manner in which the firm proposes to meet the specific requirements of the Scope of Services including, but not limited to, business office and hours and reporting requirements. List of names, titles, responsibilities and telephone numbers of the persons to be contacted, at any hour, in the event of an emergency. iii. Information on whether any of the services proposed will be subcontracted out to another company and if so, then describe the portion of work and who will be providing the service. iv. Company's policies and procedures for receiving and resolving complaints from the public. Including the name, qualifications, and contact information for the person(s) responsible for receiving and resolving complaints. Report to the City response to complaint and resolution time. V. Description of manner in which the company will inform the City and public of changes to policies and procedures. Include samples of any informational materials the company would use. Describe the procedures for monitoring employee adherence to procedures, whether new or established. vi. Detailed description of manner in which the company intends to meet the reporting requirements of Attachment A. Include a detailed description of the company's record keeping tools and methods. Describe any additional information the company is capable of recording that may be of use to the City. vii. Propose a method of receiving completed forms electronically from the City by the firm, if one is available. viii. Electronically provide monthly reports of ambulance & paramedic billing and City PiNaPPAP19il RFP No. 24IT04 28 12/1 �QPAf 35 (9)CITY OF SANTA ANA collection services. ix. Propose any informational or reporting enhancements the company is capable of providing. Example: secure web -based access to reports and records under this contract by the City. X. Proposers are encouraged to provide additional innovative, value -adding features and/ or services, and/ or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. A. Optional: The City desires to increase promotion of its paramedic subscription program to residents that may benefit from subscribing to this program. Although not required, Proposers capable of providing such services at minimal or no cost should demonstrate experience and ability to independently promote the City's paramedic subscription program (htti)s://www.santa-ana.org/paramedic-subscription/). Examples of previous work should be included for the City's consideration. f. References: Attachment B — References shall be submitted for similar projects performed for state and/or similar government clients. 2. Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule that includes fees for the following for collections obtained by Contractor: a. With EMS Treat -No -Transport Call Fees and First Responder Call Fees; and b. Without EMS Treat -No -Transport Call Fees and First Responder Call Fees. c. Fixed rate fee for additional services (if any), including promotion of City services if offered by Proposer. Fixed rate fees shall be structured for each of the categories a. and b. listed above as fnI IMAIQ • Agreement Year 1 (Initial Term) — equal to: a) % or b) % of net collections obtained by Contractor • Agreement Year 2 (Initial Term) —equal to: a) % or b) % of net collections obtained by Contractor • Agreement Year 3 (Initial Term) — equal to: a) % or b) % of net collections obtained by Contractor • Agreement Year 4 (Optional Term) — equal to: a) % or b) % of net collections obtained by Contractor City PiNa tPPAVIgil RFP No. 24IT04 29 12/1 NPAf 35 (9)CITY OF SANTA ANA • Agreement Year 5 (Optional Term) — equal to: a) % or b) % of net collections obtained by Contractor City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages. The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles -Long Beach -Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month's reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor's website at www.bls.gov.) F. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: • Attachment A: Proposer's Certification and Proposal Item Pricing • Attachment B: References • Attachment C: Proposer's Statement • Attachment D: Non -Collusion Affidavit • Attachment E: Non -Lobbying Certification • Attachment F: Non -Discrimination Certification The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: • All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer. City PiNaPPAKil RFP No. 24IT04 30 12/�Z6PI:Af 35 (9) G. f:l CITY OF SANTA ANA • City will not waive notarization requirement when applicable on any of the required attachments. REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B — References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if - References fail to substantiate Proposer's description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. MINIMUM SCOPE AND LIMIT OF INSURANCE See Exhibit 11 — Sample Agreement SELECTION PROCEDURES & CRITERIA A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP • Proposal's compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. 20 • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. Experience of Firm and Personnel • The experience, resources, and qualifications of the firm and individuals 50 assigned to this account, including manager, supervisor and assigned staff. Proposed Pricing 20 • Reasonableness of Cost References • References that are similar in size and project scope to the City. 10 City giblaPPAVIgil RFP No. 24t�04 31 12/�7�?@OA'tf 35 (9) J CITY OF SANTA ANA TOTAL POSSIBLE SCORE Before interviews - if held 100 Interviews • The City reserves the right to conduct interviews with the two highest - rated firm(s). In the event the City does perform an interview process, the 20 following is the maximum number of additive points that may be applied to the proposal score. Total possible score may exceed 100 points. C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non -responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. K. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. City PiNPPAVIgil RFP No. 24IT04 32 12/�APPAf 35 (9) CITY OF SANTA ANA B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City's website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor's employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR'S EXPENSE Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre -contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre -proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. City PiNPPAVIgil RFP No. 24IT04 33 12/�ZWPAf 35 (9) CITY OF SANTA ANA F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor's proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor's personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. I. DRUG -FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. City PiNPPAVIgil RFP No. 24IT04 34 12/�Z6�? bf 35 (9)CITY OF SANTA ANA Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager's attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers' compensation or other fringe benefits of any kind through City. N. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub -contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. City PiNPPAVIgil RFP No. 24IT04 35 12/�Z6PA'bf 35 (9) CITY OF SANTA ANA P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON -PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City's Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. City gfib(aPRAVIgil RFP No. 24IT04 36 12/�Z6PA'bf 35 (9)CITY OF SANTA ANA V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. L. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer" will hereinafter be referred to as "Consultant" or "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. M. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. City PitYaPPAVIgil RFP No. 24t�04 37 12/�7�@'OK'Af 35 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services at set forth below. A. General Requirements 1. Contractor shall be responsible for modifying their billing systems to capture all necessary data generated from the ambulance & paramedic billing and collection services program as an electronic file and provide a description of the electronic file needed to receive data transmitted from OCFA. 2. Contractor shall work with OCFA and their electronic Prehospital Care Report (ePCR) vendor to identify data input gaps, errors and other data needs, and describe a means of obtaining solutions to these problems. 3. Contractor must be able to accurately transfer all necessary information from the OCFA ImageTrend database, based on the information provided by the electronic OCFA's ePCR, and obtain any additional information needed that is not included in the ePCR for proper and correct invoicing. 4. Contractor must have the capability to fully integrate and support OCFA's selected ePCR application. 5. Contractor shall bill for emergency medical services in a timely manner, including but not limited to the billing of Medicare, Medical/Medicaid, private insurances, supplemental insurances, secondary insurances and workers' compensation carriers according to specific requirements. 6. Contractor shall provide to the City and the City's contracted collection agency, listings of accounts, which the company feels are uncollectable, through normal collection processes, for further action by the City and the City's contracted collection agency. 7. Contactor must be able to forward and work with the City's contracted collection agency on listings of uncollectable accounts. 8. Contractor shall have the ability to handle third -party payer submission inquiries regarding insurance claims. 9. Contractor must work with County of Orange and perform screening of all medically indigent patients. 10. Contractor shall process all customer payments in accordance with the applicable Payment Card Industry (PCI) security requirements. City PiNaPPAP19il RFP No. 24IT04 38 12/�Z6OI:Kf 35 (9)CITY OF SANTA ANA 11. Contractor shall research and follow-up on all accounts with inadequate billing information. This shall include the following at minimum: a. Contact OCFA and/or Falck dba Care Ambulance for missing and/ or incomplete information, which may be found in their records; b. Contact receiving hospital for missing and/ or incomplete billing information needed from the admitting/ registration records; c. Contact patient family members or emergency contacts for information; d. Refer to zip code/ street directories for incomplete/ missing address information; and/or e. Mail inquiries to the patient. 12. Contractor shall have the ability to cross reference patient files in various methods (i.e. Last Name, Social Security Number, Service or Residence Address, Date of Birth, Date of Service, etc.). 13. Contractor shall have the ability to receive patient care documentation on paper and electronically. 14. Contractor shall maintain updated and current technology that will continuously provide the highest level of reimbursement and customer service possible. 15. Contractor must meet or exceed mutually agreed upon collection targets. 16. Contractor must instruct customers to submit all payments to Contractor, and not the City of Santa Ana. 17. Contractor shall collect and deposit payments on no less than a weekly basis, within three (3) days following receipt of payment. B. Optional Services Independently promote the City's paramedic subscription program (https://www.santa- ana.orq/paramedic-subscription/). C. Customer Service Requirements 1. Contractor shall designate a single manager for the City's account, who will be the City's primary contact with their agency. 2. Contractor shall provide all supplies, equipment, personnel, computer software and hardware, billing forms, insurance forms, lien forms, envelopes, postage and supplies necessary to administer, on a day-to-day basis, the City's EMS billing and accounts receivable functions. 3. The company shall provide all billing statements in English and Spanish, and maintain a necessary staff of bilingual account representatives. City PFibaPPAVIgil RFP No. 24IT04 39 12/�APAAf 35 (9) CITY OF SANTA ANA 4. Contractor shall provide excellent customer service to citizens of Santa Ana who have billing questions or problems, by providing a nationwide toll -free phone number and an email address so individuals with questions or requiring assistance with invoices, may contact the company directly at no additional cost to the City. 5. Contractor shall have demonstrated experience and ability to act as the City's authorized agent for liaising on the City's behalf with the Centers for Medicare Services and/or their designated agents as well as associated state agencies. 6. Contractor shall have demonstrated experience and ability to act as the City's authorized agent for liaising with the City's contract EMS provider (OCFA). D. Records and Reports Contractor shall maintain complete records of each bill, including all correspondence, documents, account records, transactions and a detailed log of all payments. These records shall be retained for a minimum of three (3) years. a. Contractor shall provide the City with electronic access to these billing records. 2. Contractor shall maintain records that are in accordance with the Generally Accepted Accounting Principles (GAAP). The Proposer agrees that all account files are the property of the City and will relinquish them to the City at the termination of the contract. 3. Contractor shall provide monthly finance, billing, account receivable aging reports, billing summaries, details for current month invoicing, current write-off, refund reports (including pending refunds), detail of monthly receipts account reconciliation, and any additional reports that the City may need or request, in the specific format requested. 4. Upon request, Contractor shall make all books and records available to both internal and external auditors. 5. Contractor shall provide annual and semi-annual EMS revenue collection projections to City staff upon request. E. Compliance 1. Contractor must comply with all applicable provisions and specifications of the Health Insurance Portability and Accountability Act (HIPAA), as well as other federal, state, and local statues and regulations addressing patient privacy issues throughout the term of the contract. 2. Contractor shall maintain proficiency and comply with all statutory, regulatory, and other legal requirements, including amendments to such requirements, which impact billing, reimbursement and/or collections for EMS and release of private medical information. City PiNPPAVIgil RFP No. 24IT04 40 12/�Z(6(21'Af 35 (9)CITY OF SANTA ANA 3. Contractor agrees to cooperate with the City regarding the handling of accounts. These accounts may be included, but are not limited to accounts of the specific age classifications, handicapped, and certain dependent situations. 4. Contractor shall provide regular and continuous education and training for Contractor's staff, updating them immediately on all changes in the industry or government regulations that may have an impact on services being provided to the City. F. Meetings Contractor must meet with City staff upon execution of contract to discuss goals of the relationship, the services to be provided, and other topics relevant to the ambulance & paramedic billing and collection services program. 2. Contractor agrees to meet with the City routinely and on request to discuss problems, special needs, future changes, and updates in software, technology, statistical data requests, or other relevant issues. G. Transition (If Applicable) 1. Contractor agrees to coordinate with existing service provider to transition current accounts with minimal disruption to service, and deliver to the City a computerized file of active accounts in an agreeable format. 2. Upon implementation of contract, Contractor must be able to process any backlog of billing within thirty (30) days of the implementation date. City PiNPPAP19il RFP No. 24IT04 41 12/�Z6�0,A'bf 35 CITY OF SANTA ANA EXHIBIT II SAMPLE AGREEMENT CONSULTANT -AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 20 by and between , ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3)-year term with the option for the City to grant up to two 1 - ear renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social City PiNaPPAP19il RFP No. 24IT04 42 12/�A�WAf 35 (9) CITY OF SANTA ANA security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Company shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of Customer's data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Company, its agents, representatives, or employees. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. 2. Cyber Liability (CL): Insurance, with limits not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Company in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 3. Workers' Compensation: as required by the State of California, with statutory limits, and Employer's Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease . 4. Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Company maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Company. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Customer. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: City PiNPPAP19il RFP No. 24IT04 43 12/�A( WAf 35 (9) CITY OF SANTA ANA 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Company's CGL, CL, and PL policies, with respect to any liability arising out of work or operations performed by or on behalf of the Company. 2. Company's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the CGL, CL, PL, WC policies which arise from work performed by Company under this Agreement. 3. For any claims related to this contract, Company's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Company's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staff's Department Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by Customer. Customer may require Company to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to Customer. 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. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion 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, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Verification of Coverage Company shall furnish Customer with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Company's obligation to provide them. Customer reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Company shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. 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. Failure to Maintain Insurance Coverage City PiNaPPAKil RFP No. 24IT04 44 12/�Z64Kf 35 (9) CITY OF SANTA ANA If Company, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. Customer, at its sole option, may terminate this Agreement at any time and obtain damages from Company resulting from said breach. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. City PiNaPPA j9ll RFP No. 24IT04 45 12/�Z6N;Af 35 (9) CITY OF SANTA ANA 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION -VENUE City PiNaPPA j9ll RFP No. 24IT04 46 12/�Z6 ,Af 35 (9) CITY OF SANTA ANA This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the City PiNPPAP19il RFP No. 24IT04 47 12/�Z6WAf 35 (9) CITY OF SANTA ANA transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney 0 Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Downs Executive Director Finance & Management Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: (name) (title) SAMPLE ONLY City PiNaP#'PAKil RFP No. 24IT04 48 12/�Z6(,;Kf 35 (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PitYaPPAV19il RFP No. 24t�04 49 12/�7�@'(RAf 35 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Contact Individual: Address: Phone Number: EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Address: Contact Individual: Phone Number: . EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Address: Contact Individual: Phone Number: . EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PitYaPPAVIgil RFP No. 24t�04 50 12/�7�@'06Af 35 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PiNPPAP19il RFP No. 24IT04 51 12/�Z6PA'bf 35 (9) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal 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 proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PiNaPPAPIgil RFP No. 24IT04 52 12/�A�WAf 35 (9) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. 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 subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PiNPPAP19il RFP No. 24IT04 53 12/�A( WAf 35 (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION 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. 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. 2. 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 City PiNPPAP19il RFP No. 24IT04 54 12/�Z6AKf 35 (9) CITY OF SANTA ANA 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. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City PiNPPAP19il RFP No. 24IT04 55 12/�Z6�f 35 City Manager's Office www.santa-ana.org/cm Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Video Production and Technical Services AGENDA TITLE Agreements with Dynamic Video Communications, LLC; JPW Communications, Inc.; Pegasus Studios; and TV Pro Gear, Inc., for Video Production and Technical Services RECOMMENDED ACTION Authorize the City Manager to execute agreements with Dynamic Video Communications, LLC; JPW Communications, Inc.; Pegasus Studios; and TV Pro Gear, Inc., to provide on - call video production and technical services for video production of City Council meetings; other video productions including recorded event videos, live event videos, marketing and public service announcement (PSA) videos, animated videos, and social media video content; and audio/visual system design and equipment maintenance, for the period of January 1, 2025 through December 31, 2026, in a total aggregate amount not to exceed $600,000, with the option for the City to grant up to two (2), one (1) year renewals, exercisable in writing by the City Manager and the City Attorney (Core Agreement No. A- 2024-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION For the past four years, the City of Santa Ana has contracted with three companies to provide various video production and technical services. This included the City's long- time, primary video services provider for City Council meeting broadcasts. Due to the retirement of this long-time provider and the expiration of the existing agreements on December 31, 2024, the City issued a request for proposals (RFP) for Video Production and Technical Services to replace the current provider for City Council meetings and to expand the City's options for other types of video production. Under the RFP, bidders were given five video service options on which they could bid — Video Production of City Council and other Public Meetings; Annual State of the City address; Event Video Production; Other Video Production, such as marketing videos, public service announcements, animated videos, and social media content; and City Council 18 — 1 12/17/2024 Video Production and Technical Services December 17, 2024 Page 2 Cable/Video/Audio Equipment Maintenance and Installation. The City issued the RFP on PlanetBids.com on September 23, 2024, conducted an optional site walk in the City Council Chamber on September 30, 2024, and closed the RFP on October 15, 2024. The City received 13 bids, of which eight were deemed responsive. A selection team, consisting of staff from the City Manager's Office, City Clerk's Office, Information Technology, Community Development Agency, and Parks, Recreation, and Community Services evaluated the proposals and recommend awarding an agreement to four companies. The four firms selected have a wide range of video production and technical expertise among their backgrounds, including livestreaming events, government meetings, event videos, marketing videos, and informational and PSA videos for government agencies. The City can utilize each company's strengths and areas of expertise to produce high - quality, professional videos for City Council meetings and events, to inform the community about City services and programs, and to promote and market the City. These videos may be distributed on the City's YouTube channel, social media, website, CTV3 television channel, other communications platforms, and at public meetings. Firm Location Primary Services Clients/Experience Pegasus Studios Westlake . City Council • County of Los Angeles Village meetings • County of Santa • Equipment Barbara maintenance and . City of Malibu installation . City of Moorpark • Other City . City of Redondo Beach meetings if needed TV Pro Gear, Inc. Glendale . Livestream events • City of Santa Ana • State of the City (Fiestas Patrias parade • Equipment livestream, Library maintenance and renovation video, installation Understanding the • Other video Budget video) productions • City of Pasadena • City of Newport Beach • City of Beverly Hills • Commercial clients Dynamic Video Rancho • Event videos • City of Santa Ana Communications, Santa . Other video (event videos, LLC Margarita production Vietnamese (marketing, PSAs, businesses feature, etc.) Made in Santa Ana) • City of Palm Springs City Council 18 — 2 12/17/2024 Video Production and Technical Services December 17, 2024 Page 3 • Los Angeles Department of Water and Power • Commercial clients JPW Carlsbad • Event videos • City of Santa Ana Communications, • Other video (Santa Ana CARES Inc. production pandemic response (marketing, PSAs, marketing and videos) etc.) • City of Tustin • City of San Marcos • Western Municipal Water District Under the agreement with Pegasus Studios, the City will pay a monthly rate of $7,200 that will include production services for both regular and special City Council meetings. The scope of work includes: • Two (2) broadcast technicians for all City Council meetings • Administrative services and management • Coordination with City staff, scheduling, consultation, staff training on use of equipment • Ongoing reporting and documentation of Council Chamber equipment, basic A/V maintenance, troubleshooting, and reporting • Coordination with City staff and service vendors for maintenance and repair issues • Broadcast Services including channel schedule management TV Pro Gear, Inc. also submitted a proposal to provide City Council meeting services and has experience in providing this service for other municipalities. Should the need arise, the City could utilize this company for meeting services as a back-up. Because the City does not employ videographers, audio/visual engineers, or other video services staff for citywide video services, it must rely on vendors to fill its video production and technical services needs. However, by entering into agreements with these four companies, the City will have a wide range of services, resources, specialized equipment, and expertise at its disposal. Under the agreements, the City may utilize any of the video firms on as -needed basis. Each vendor offers different price points for various services, from which the City may choose the best option (Exhibits 1-4). Execution of an agreement between the City and the selected firms does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. The approval of the agreement aligns with the City's Five-year Strategic Plan, which has a Strategic Priority of Efficient City Services that includes Communication and Outreach to reach and engage all audiences through a variety of communication outlets. City Council 18 — 3 12/17/2024 Video Production and Technical Services December 17, 2024 Page 4 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The agreements allow for a total aggregate amount not to exceed $600,000. This is for as -needed services, and the City is not obligated to pay out the full amount of the contract. In the current fiscal year, the City Manager's Office has a video production and services budget of $200,000. Funds are available for expenditure in the FY 2024-25 General Non - Departmental account (No. 01105015-62300). EXHIBIT(S) 1. Agreement with Dynamic Video Communications, LLC 2. Agreement with JPW Communications, Inc. 3. Agreement with Pegasus Studios 4. Agreement with TV Pro Gear, Inc. Submitted By: Steven A. Mendoza, Assistant City Manager Approved By: Alvaro Nunez, City Manager City Council 18 — 4 12/17/2024 AGREEMENT WITH DYNAMIC VIDEO COMMUNICATIONS, LLC TO PROVIDE ON -CALL VIDEO PRODUCTION AND TECHNICAL SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 17TH day of December, 2024 by and between Dynamic Video Communications, a California limited liability company ("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 September 23, 2024 the City issued Request for Proposal ("RFP") No. 24-108, by which it sought qualified consultants to provide on -call video production and technical services, for service options listed in the RFP, for video production of City Council meetings; other video productions including recorded event videos, live event videos, marketing and PSA videos, animated videos, and social media video content; and audio/visual system design and equipment maintenance. 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 the RFP. Consultant's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference, for Options C and D. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of four (4) consultants selected under RFP 24-108. The total compensation for these services provided by all such consultants selected under RFP 24-108 shall not exceed the shared aggregate amount of Six Hundred Thousand Dollars ($600,000) during the term of the Agreement, including any extension periods. Page 1 of 9 #45 City touncil 18 — 5 12/17/2024 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2025 and continue for a two (2) year term through December 31, 2026 with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 #45 City touncil 18 — 6 12/17/2024 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. Page 3 of 9 #45 City touncil 18 — 7 12/17/2024 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non - renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: City Manager's Office, 20 Civic Center Plaza, M-31, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. 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. Page 4 of 9 #45 City touncil 18 — 8 12/17/2024 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 #45 City touncil 18 — 9 12/17/2024 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 #45 12/17/2024 City ouncil 18 — 10 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 #45 City touncil 18 —11 12/17/2024 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: City Manager's Office City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Dynamic Video Communications, LLC Attn: Edward Garcia 30211 Avenida de las Bandera, Suite 200 Rancho Santa Margarita, CA 92688 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and Page 8 of 9 #45 City touncil 18 — 12 12/17/2024 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B Jonathan T. Martinez Assistant City Attorney CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: Edward Garcia Owner Page 9 of 9 #45 City touncil 18 — 13 12/17/2024 EXHIBIT A SCOPE OF SERVICES City Council 18 — 14 12/17/2024 (9) CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Contractor shall perform services as set forth below. I. OPTION A: City Council and other Public Meetings A. General Responsibilities: 1. Serve as Video Producer/Administrator for all City of Santa Ana Council meetings and cable -casting events in Council Chambers. i. Live broadcast and record City Council meetings. 2. Provide production services in live meeting coverage and playback for approximately twenty-four (24) meetings, including: i. City Council meetings held on the first and third Tuesdays of the month, and ii. Possible additional public meetings as selected by the City Clerk and/or City Manager, as needed. 3. Provide technical assistance for City production crews and staff. 4. Be responsible for all graphics/audio/visual needs during the presentations, which includes: i. PowerPoint, ii. Overheads, iii. Video roll -ins and presentations, iv. Review cueing system, v. Proper use of microphones for Council. 5. Arrange for and design overall look and style of productions. 6. Arrange for input of council graphics prior to the meeting. Run a spell check. Arrange for graphics to state replays during the meeting, approximately every 30 minutes during program. 7. Use of video streaming services that integrate with Facebook Live, YouTube Live, or similar social media platforms. 8. Responsiveness to provide video services for meetings on short notice (24 to 72 hours in advance.) Proposer should identify staffing levels, availability and how these needs will be met. B. Communication with City Staff: 1. Maintain open communications with the Public Affairs Information Officer and City Clerk's Office for special needs or changes pertinent to the agenda for each council meeting. 2. Communicate and confirm with the Public Affairs Information Officer regarding Council meeting coverage and playback related to the city channel. Report technical playback and Council problems and remedies to the cable office. city oQlytrAwncll RFP No. 24 88— 15 12/17QR2,4 of 33 (9)CITY OF SANTA ANA 3. Direct communication with City Councilmembers and City Clerk. C. Staffing Responsibilities: 1. Provide, hire and supervise all video production crew and staff to ensure that the control room is fully staffed during meetings and to provide a professional, high -quality video production. i. Staff shall include Director, Camera Robotics Operator, Audio Operator, Graphics Designer and Playback Operator. These positions may be consolidated in one or more persons. City recommends a crew of 2-3 people. 2. Schedule video production staff. Pre -arrange and notify crew of video productions and changes. 3. Provide for office administration and payroll for video production and playback crew. 4. Provide and be responsible for all production staff training and hands-on use of equipment for video crews. D. Training and Support: 1. Provide a training program (remotely or in -person) to a group of up to eight (8) City staff members. i. Training shall describe the roles and responsibilities of the Contractor in providing the video streaming service for City Council/public meetings. ii. Training shall identify how City Staff can identify and rectify minor problems that may arise in the rollout of the video streaming services. 2. Provide a main point of contact for City Staff. i. The main point of contact shall have a thorough understanding of the video streaming system and be capable of troubleshooting problems remotely with City Staff who may not be experts in video and audio technology. E. Other Responsibilities: 1. Provide maintenance of playback equipment located in City Hall as necessary for City Council meetings. i. The City of Santa Ana provides the control room equipment, cameras and equipment located inside the Council Chambers to broadcast and record the City Council meetings, including computers and other video production equipment. II. OPTION B: Annual State of the City Address 1. Contractor shall produce the Mayor's annual State of the City address, including: i. Hiring and supervising crew for camera operations, ii. Audio mixing, iii. Cable running, iv. Equipment load -in and load -out, v. Directing the show for video, city oQilytrAwncil RFP No. 24 88— 16 12/17QR24 of 33 CITY OF SANTA ANA vi. Renting all needed video equipment and vii. Editing the finished video for playback. III. OPTION C: Event Video Production 1. On- and off -site video production services in Santa Ana for City -produced events that may include, but are not limited to: i. 4th of July Celebration, ii. Fiestas Patrias, iii. Santa Ana Fun Run. 2. This shall include all responsibility for graphics, video roll -ins and all audio/visual needs. 3. Event production may be a recorded event or a live event broadcast. 4. Approximately one event video per month. IV. OPTION D: Other Video Production 1. On- and off -site video production services in Santa Ana to produce videos tailored for social media, City TV channel, marketing, website, employee orientation, and other internal and external uses. 2. These would be brief videos (30 seconds to 5 minutes) and shall include editing for graphics, captions, animations, video roll -ins and all audio/visual needs. 3. Approximately 1-2 videos per month. 4. Could include occasional longer form videos, such as documentary style or news broadcast style, requiring additional filming and editing time. V. OPTION E: Cable/Video/Audio Equipment Maintenance and Installation 1. Confer with City staff to evaluate needs and supervise maintenance activity of all city owned audio/video facilities, as needed. Said facilities include, but are not limited to, City Hall, recreation centers, senior centers, stadium, soccer fields, etc. 2. Review and make recommendation for the repair and /or replacement of said audio/video facilities. 3. Develop purchase lists, install, integrate and upgrade systems or equipment as needed. 4. Troubleshoot system, system repair, system alignment, calibration and design. 5. Design layout of electrical circuitry for existing and /or acquired audio/video equipment. 6. Establish and maintain equipment log and data base to keep inventory and records of maintenance and to track equipment performance. 7. Help establish and enforce City policies for equipment use. Provide operation instruction for staff. city oQlytrAwncil RFP No. 24 88— 17 12/17QR2,4 of 33 (9)CITY OF SANTA ANA 8. Prepare preventative maintenance schedules and execute said maintenance on a routine basis. 9. Coordinate equipment repair with outside agencies. 10. Supervise annual asset inventories and tagging of new assets, as needed. 11. Coordinate acquisition of new production equipment. 12. Facilitate and supervise use of facilities or equipment by outside agencies, persons, other City employees or cable franchisee staff. 13. Provide updates to City staff on progress of equipment installation, maintenance, building projects and anticipated completion dates. 14. Conduct regular security checks on the City's production equipment. 15. Assist City Clerk and other staff on use of Council Chambers: video, audio, lighting, PowerPoint, Elmo or other technical needs. 16. Facilitate completion of production services requested by City staff (including making dubs, editing and shooting videos, setting up equipment, programming videos on the city TV channel, delivering equipment, setting up operating facilities as needed.) 17. Vendor may utilize consultants/subcontractors to assist as required at the discretion of and with approval from the City Manager's Office. 18. Ensure compliance with local, state, and federal safety codes and regulations. VI. Other Services Not Mentioned 1. In addition to the designated proposal cost categories provided below, Proposers are encouraged to provide cost proposals for services that are not described in this RFP but may be of benefit to the City with regard to video streaming services. city oQlytrAwncil RFP No. 24 88— 18 12/17QR2,4 of 33 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 18 — 19 12/17/2024 City Council `fib — 20 12/17/2024 PRICE SUMMARY SHEET REQUEST FOR PROPOSALS Enter below the proposed hourly rate(s) to perform work described in the Scope of Work, Exhibit A. Prices shall be fully -burdened rates to include hourly rate. qeneral and administration, overhead and profit.... SCHEDULE I — HOURLY RATE SCHEDULE: Key Personnel: Name Job Function Fully -Burdened Hourly Rate Effective through June 30, 2027 Edward Garcia Pre -Production Lead $ 85.00 Sarah D. Pre -Production Support $ 65.00 Edward Garcia Producer $ 95.00 Edward Garcia Director $ 175.00 Andres Andrede Production Support $ 155.00 Peter Smith Video Finishing $ 65.00 FOR COST ANALYSIS PURPOSES: Provide fully -burdened hourly rates for the above -designated job categories. The fully -burdened hourly rates will be included in the resulting agreement should your proposal be selected for award. Page 1 50 City Council 8 — 21 12/17/2024 Other Labor Charges: Job Function Fully -Burdened Hourly Rate Production Team consisting of $ LD, Mixer, Lighting, Audio & $ Expendable = 250 per hour $ 250.00 Music Sweetening Session $ 100.00 Color Grading $ 75.00 VFX $ 150.00 Post Production Editing $ 125.00 Drone/Gimbal $ 185.00 SCHEDULE II ---- OTHER DIRECT COSTS SCHEDULE Type of ODC Quantity Unit Rate Budget Amount 1. 2. 3. 4. 5. 6. 7. 8. Mileage for travel shall be reimbursed at the current IRS mileage rates. documentation must accompany invoice. 51 City Council 18 — 22 12/17/2024 MV DYNAMIC VIDEO COMMUNICATIONS LIMITED LIABILITY COMPANY November 8th, 2024 Jacques Lam / Buyer, Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 REF: VIDEO PRODUCTION and Technical Services — RFP 24.108 Dear Ms. Lam, We are excited to take on the challenge of creating unique content! Below, you will find clarification on pricing for specific types of projects. Please note that several factors can influence the budget based on the creative aspects and the event's requirements. The quotes provided will be based on our experience with medium-sized events. Full Day Event = $5990-6500.00 Pre -Production Lead Director / Producer Live Event Audio Engineer & Mixer Camera Operator A Camera Operator / Drone / Gimbal Editorial Mix / Grade / Finishing Interview News -Style / Branded Content = $5500-6800.00 Pre Production Lead Outline / Writer Production Lead / Director / Producer Audio Engineer Camera Operator A City Council 18 — 23 12/17/2024 Camera Operator / Drone / Gimbal Editorial Mix / Grade / Finishing Half Day Shoot = $3275.- 4200.00 Without Editing Production Lead / Director / Producer Camera Operator / Drone / Gimbal Full Day Shoot - $4200. - 5900.00 Without Editing Pre Production Lead Director / Producer Audio Engineer Camera Operator / Gimbal Post -production is estimated at 1750.00. If you have any questions, please feel free to reach out. Thank you for your consideration! Respectfully, //000�� Edward Garcia, Producer / Director / Project Manager DYNAMIC VIDEO COMMUNICATIONS, LLC 30211 Avenida de las Banderas Suite 200 Rancho Santa Margarita, CA 92688 Edwardgarcia2@mac.com 949 232 3220 DVCCONTENT.COM City Council 18 - 24 12/17/2024 AGREEMENT WITH JPW COMMUNICATIONS, INC. TO PROVIDE ON -CALL VIDEO PRODUCTION AND TECHNICAL SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 17TH day of December, 2024 by and between JPW Communications, 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 September 23, 2024 the City issued Request for Proposal ("RFP") No. 24-108, by which it sought qualified consultants to provide on -call video production and technical services, for service options listed in the RFP, for video production of City Council meetings; other video productions including recorded event videos, live event videos, marketing and PSA videos, animated videos, and social media video content; and audio/visual system design and equipment maintenance. 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 the RFP. Consultant's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference, for Options C, and D. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of four (4) consultants selected under RFP 24-108. The total compensation for these services provided by all such consultants selected under RFP 24-108 shall not exceed the shared aggregate amount of Six Hundred Thousand Dollars ($600,000) during the term of the Agreement, including any extension periods. Page 1 of 9 #45 City tounci1 18 — 25 12/17/2024 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2025 and continue for a two (2) year term through December 31, 2026 with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 #45 12/17/2024 City o u n c i 1 18 — 26 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. Page 3 of 9 #45 12/17/2024 City o u n c i 1 18 — 27 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non - renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: City Manager's Office, 20 Civic Center Plaza, M-31, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. 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. Page 4 of 9 #45 12/17/2024 City o u n c i 1 18 — 28 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 #45 12/17/2024 City ouncil 18 — 29 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 #45 12/17/2024 City o u n c i 1 18 — 30 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 #45 12/17/2024 City o u n c i 1 18 — 31 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: City Manager's Office City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 To Contractor: JPW Communications, Inc. Attn: Jenny Windle, CEO 2710 Loker Ave. W, Suite 300 Carlsbad, CA 92010 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and Page 8 of 9 #45 City tounci1 18 — 32 12/17/2024 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: athan T. Martine Assistant City Attorney CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: Jennifer Windle Jenny Windle CEO Digitally signed by Jennifer Windle Date: 2024.12.09 10:14:52-08'00' Page 9 of 9 #45 City touncil 18 — 33 12/17/2024 EXHIBIT A SCOPE OF SERVICES City Council 18 — 34 12/17/2024 (9) CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Contractor shall perform services as set forth below. I. OPTION A: City Council and other Public Meetings A. General Responsibilities: 1. Serve as Video Producer/Administrator for all City of Santa Ana Council meetings and cable -casting events in Council Chambers. i. Live broadcast and record City Council meetings. 2. Provide production services in live meeting coverage and playback for approximately twenty-four (24) meetings, including: i. City Council meetings held on the first and third Tuesdays of the month, and ii. Possible additional public meetings as selected by the City Clerk and/or City Manager, as needed. 3. Provide technical assistance for City production crews and staff. 4. Be responsible for all graphics/audio/visual needs during the presentations, which includes: i. PowerPoint, ii. Overheads, iii. Video roll -ins and presentations, iv. Review cueing system, v. Proper use of microphones for Council. 5. Arrange for and design overall look and style of productions. 6. Arrange for input of council graphics prior to the meeting. Run a spell check. Arrange for graphics to state replays during the meeting, approximately every 30 minutes during program. 7. Use of video streaming services that integrate with Facebook Live, YouTube Live, or similar social media platforms. 8. Responsiveness to provide video services for meetings on short notice (24 to 72 hours in advance.) Proposer should identify staffing levels, availability and how these needs will be met. B. Communication with City Staff: 1. Maintain open communications with the Public Affairs Information Officer and City Clerk's Office for special needs or changes pertinent to the agenda for each council meeting. 2. Communicate and confirm with the Public Affairs Information Officer regarding Council meeting coverage and playback related to the city channel. Report technical playback and Council problems and remedies to the cable office. city oQilytrAwncll RFP No. 24 88— 35 12/17QR2,4 of 33 (9)CITY OF SANTA ANA 3. Direct communication with City Councilmembers and City Clerk. C. Staffing Responsibilities: 1. Provide, hire and supervise all video production crew and staff to ensure that the control room is fully staffed during meetings and to provide a professional, high -quality video production. i. Staff shall include Director, Camera Robotics Operator, Audio Operator, Graphics Designer and Playback Operator. These positions may be consolidated in one or more persons. City recommends a crew of 2-3 people. 2. Schedule video production staff. Pre -arrange and notify crew of video productions and changes. 3. Provide for office administration and payroll for video production and playback crew. 4. Provide and be responsible for all production staff training and hands-on use of equipment for video crews. D. Training and Support: 1. Provide a training program (remotely or in -person) to a group of up to eight (8) City staff members. i. Training shall describe the roles and responsibilities of the Contractor in providing the video streaming service for City Council/public meetings. ii. Training shall identify how City Staff can identify and rectify minor problems that may arise in the rollout of the video streaming services. 2. Provide a main point of contact for City Staff. i. The main point of contact shall have a thorough understanding of the video streaming system and be capable of troubleshooting problems remotely with City Staff who may not be experts in video and audio technology. E. Other Responsibilities: 1. Provide maintenance of playback equipment located in City Hall as necessary for City Council meetings. i. The City of Santa Ana provides the control room equipment, cameras and equipment located inside the Council Chambers to broadcast and record the City Council meetings, including computers and other video production equipment. II. OPTION B: Annual State of the City Address 1. Contractor shall produce the Mayor's annual State of the City address, including: i. Hiring and supervising crew for camera operations, ii. Audio mixing, iii. Cable running, iv. Equipment load -in and load -out, v. Directing the show for video, city oQilytrAwncil RFP No. 24 88— 36 12/17QR24 of 33 CITY OF SANTA ANA vi. Renting all needed video equipment and vii. Editing the finished video for playback. III. OPTION C: Event Video Production 1. On- and off -site video production services in Santa Ana for City -produced events that may include, but are not limited to: i. 4th of July Celebration, ii. Fiestas Patrias, iii. Santa Ana Fun Run. 2. This shall include all responsibility for graphics, video roll -ins and all audio/visual needs. 3. Event production may be a recorded event or a live event broadcast. 4. Approximately one event video per month. IV. OPTION D: Other Video Production 1. On- and off -site video production services in Santa Ana to produce videos tailored for social media, City TV channel, marketing, website, employee orientation, and other internal and external uses. 2. These would be brief videos (30 seconds to 5 minutes) and shall include editing for graphics, captions, animations, video roll -ins and all audio/visual needs. 3. Approximately 1-2 videos per month. 4. Could include occasional longer form videos, such as documentary style or news broadcast style, requiring additional filming and editing time. V. OPTION E: Cable/Video/Audio Equipment Maintenance and Installation 1. Confer with City staff to evaluate needs and supervise maintenance activity of all city owned audio/video facilities, as needed. Said facilities include, but are not limited to, City Hall, recreation centers, senior centers, stadium, soccer fields, etc. 2. Review and make recommendation for the repair and /or replacement of said audio/video facilities. 3. Develop purchase lists, install, integrate and upgrade systems or equipment as needed. 4. Troubleshoot system, system repair, system alignment, calibration and design. 5. Design layout of electrical circuitry for existing and /or acquired audio/video equipment. 6. Establish and maintain equipment log and data base to keep inventory and records of maintenance and to track equipment performance. 7. Help establish and enforce City policies for equipment use. Provide operation instruction for staff. city oQlytrAwncil RFP No. 24 88— 37 12/17QR2,4 of 33 (9) CITY OF SANTA ANA 8. Prepare preventative maintenance schedules and execute said maintenance on a routine basis. 9. Coordinate equipment repair with outside agencies. 10. Supervise annual asset inventories and tagging of new assets, as needed. 11. Coordinate acquisition of new production equipment. 12. Facilitate and supervise use of facilities or equipment by outside agencies, persons, other City employees or cable franchisee staff. 13. Provide updates to City staff on progress of equipment installation, maintenance, building projects and anticipated completion dates. 14. Conduct regular security checks on the City's production equipment. 15. Assist City Clerk and other staff on use of Council Chambers: video, audio, lighting, PowerPoint, Elmo or other technical needs. 16. Facilitate completion of production services requested by City staff (including making dubs, editing and shooting videos, setting up equipment, programming videos on the city TV channel, delivering equipment, setting up operating facilities as needed.) 17. Vendor may utilize consultants/subcontractors to assist as required at the discretion of and with approval from the City Manager's Office. 18. Ensure compliance with local, state, and federal safety codes and regulations. VI. Other Services Not Mentioned 1. In addition to the designated proposal cost categories provided below, Proposers are encouraged to provide cost proposals for services that are not described in this RFP but may be of benefit to the City with regard to video streaming services. city oQlytrAwncil RFP No. 24 88— 38 12/17QR2,4 of 33 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 18 — 39 12/17/2024 Cost Proposal Cost Proposal RECOMMENDED ANNUAL NTE CONTRACT AMOUNT Our recommended initial annual NTE contract amount is $100,000 for services outlined for Option C and D in the RFP. This is based on the assumption that the desired mix of videos produced will vary in length, location, and production value. We've provided sample flat free pricing to the right, as well as a list of variables that could affect pricing. While we do not know exactly how many videos will be needed, how long they will be, or the desired production quality, we believe this NTE amount would provide Santa Ana flexibility and economies of scale to repurpose assets for use in both options, for example. Contract amounts are increased by 5% at each renewal period to account for anticipated inflation. Actual prices and hourly rates for renewal periods will be negotiated with the City, and the increase will not exceed CPI, as noted in the RFP. $48,000 300 $160 2025-26 $48,000 300 $160 2026-27 $50,400 300 $168 2027-28* $50,400 300 $168 2028-29* $52,920 300 $176 2029-30** $52,920 300 $176 2030-31** TOTAL: $302,640 OPTION D: OTHER VIDEO SERVICES $52,000 432 $120 2025-26 $52,000 432 $120 2026-27 $54,600 432 $126 2027-28* $54,600 432 $126 2028-29* $57,330 432 $133 2029-30** $57,330 432 $133 2030-31** TOTAL $327,860 *first contract extension **second contract extension FLAT FEE FOR SERVICES 15-second reel $1,500 30-second live action video $2,500 30-second live -action video with motion graphics $3,500 60-second live -action video $4,500 60-second live -action video with motion graphics $5,500 90-second live action video $7,500 90-second live action video with motion graphics $5,500 5-minute video with up to three interviews $12,000 Location and length of shoots Availability of b-roll footage provided by client Number of interviews Complexity of animation Additional rounds of revisions beyond the standard of two (2) City Council 18 — 41 12/17/2024 2024 Hourly fee schedule President $300 Sr. Vice President $275 Vice President $250 Website Programmer $225 Sr. Director $220 Director $205 Videographer $200 Photographer $200 Sr. Manager $185 Art Director $185 Sr. Multimedia Designer $170 Manager $170 Multimedia Designer $155 Sr. Specialist $155 Specialist $135 Coordinator $105 Admin Assistant $100 DIRECT COSTS Client agrees to reimburse JPW monthly for extraordinary out-of-pocket costs and expenses incurred in performing the functions described above. A customary 20% markup will be added to all advertising buyouts, printing, stock photography purchases and other costs that are procured on behalf of the Client. APPROACH FOR PREPARING ESTIMATES JPW will bill on a time and materials basis in 15-minute increments in accordance with its annual rate sheet. RATE ADJUSTMENTS Hourly rates for renewal periods will be negotiated with the City. The increase will not exceed CPI, as noted in the RFP. City Council 18 — 42 12/17/2024 AGREEMENT WITH PEGASUS STUDIOS TO PROVIDE ON -CALL VIDEO PRODUCTION AND TECHNICAL SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 17TH day of December, 2024 by and between Pegasus Studios, 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 September 23, 2024 the City issued Request for Proposal ("RFP") No. 24-108, by which it sought qualified consultants to provide on -call video production and technical services, for service options listed in the RFP, for video production of City Council meetings; other video productions including recorded event videos, live event videos, marketing and PSA videos, animated videos, and social media video content; and audio/visual system design and equipment maintenance. 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 the RFP. Consultant's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference, for Options A, B, C, D, and E. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of four (4) consultants selected under RFP 24-108. The total compensation for these services provided by all such consultants selected under RFP 24-108 shall not exceed the shared aggregate amount of Six Hundred Thousand Dollars ($600,000) during the term of the Agreement, including any extension periods. Page 1 of 9 #45 12/17/2024 City o u n c i 1 18 — 43 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2025 and continue for a two (2) year term through December 31, 2026 with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 #45 City tounci1 18 — 44 12/17/2024 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: City, its City Council, its officers, officials, employees, and agents are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. Page 3 of 9 #45 12/17/2024 City o u n c i 1 18 — 45 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, and agents for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, or agents shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non - renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: City Manager's Office, 20 Civic Center Plaza, M-31, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. 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. Page 4 of 9 #45 12/17/2024 City o u n c i 1 18 — 46 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 #45 City ouncil 18 — 47 12/17/2024 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 #45 12/17/2024 City o u n c i 1 18 — 48 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 #45 12/17/2024 City o u n c i 1 18 — 49 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: City Manager's Office City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Pegasus Studios Attn: Robert Schwieger, President 5760 Lindero Canyon Rd. #1151 Westlake Village, CA 92362 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and Page 8 of 9 #45 12/17/2024 City o u n c i 1 18 — 50 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B onathan T. Martine Assistant City Attorney CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: zee6";tzc4ye�f� Robert Schwieger President Page 9 of 9 #45 12/17/2024 City o u n c i 1 18 — 51 EXHIBIT A SCOPE OF SERVICES City Council 18 — 52 12/17/2024 (9) CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Contractor shall perform services as set forth below. I. OPTION A: City Council and other Public Meetings A. General Responsibilities: 1. Serve as Video Producer/Administrator for all City of Santa Ana Council meetings and cable -casting events in Council Chambers. i. Live broadcast and record City Council meetings. 2. Provide production services in live meeting coverage and playback for approximately twenty-four (24) meetings, including: i. City Council meetings held on the first and third Tuesdays of the month, and ii. Possible additional public meetings as selected by the City Clerk and/or City Manager, as needed. 3. Provide technical assistance for City production crews and staff. 4. Be responsible for all graphics/audio/visual needs during the presentations, which includes: i. PowerPoint, ii. Overheads, iii. Video roll -ins and presentations, iv. Review cueing system, v. Proper use of microphones for Council. 5. Arrange for and design overall look and style of productions. 6. Arrange for input of council graphics prior to the meeting. Run a spell check. Arrange for graphics to state replays during the meeting, approximately every 30 minutes during program. 7. Use of video streaming services that integrate with Facebook Live, YouTube Live, or similar social media platforms. 8. Responsiveness to provide video services for meetings on short notice (24 to 72 hours in advance.) Proposer should identify staffing levels, availability and how these needs will be met. B. Communication with City Staff: 1. Maintain open communications with the Public Affairs Information Officer and City Clerk's Office for special needs or changes pertinent to the agenda for each council meeting. 2. Communicate and confirm with the Public Affairs Information Officer regarding Council meeting coverage and playback related to the city channel. Report technical playback and Council problems and remedies to the cable office. city oQilytrAwncll RFP No. 24 88— 53 12/17QR2,4 of 33 (9)CITY OF SANTA ANA 3. Direct communication with City Councilmembers and City Clerk. C. Staffing Responsibilities: 1. Provide, hire and supervise all video production crew and staff to ensure that the control room is fully staffed during meetings and to provide a professional, high -quality video production. i. Staff shall include Director, Camera Robotics Operator, Audio Operator, Graphics Designer and Playback Operator. These positions may be consolidated in one or more persons. City recommends a crew of 2-3 people. 2. Schedule video production staff. Pre -arrange and notify crew of video productions and changes. 3. Provide for office administration and payroll for video production and playback crew. 4. Provide and be responsible for all production staff training and hands-on use of equipment for video crews. D. Training and Support: 1. Provide a training program (remotely or in -person) to a group of up to eight (8) City staff members. i. Training shall describe the roles and responsibilities of the Contractor in providing the video streaming service for City Council/public meetings. ii. Training shall identify how City Staff can identify and rectify minor problems that may arise in the rollout of the video streaming services. 2. Provide a main point of contact for City Staff. i. The main point of contact shall have a thorough understanding of the video streaming system and be capable of troubleshooting problems remotely with City Staff who may not be experts in video and audio technology. E. Other Responsibilities: 1. Provide maintenance of playback equipment located in City Hall as necessary for City Council meetings. i. The City of Santa Ana provides the control room equipment, cameras and equipment located inside the Council Chambers to broadcast and record the City Council meetings, including computers and other video production equipment. II. OPTION B: Annual State of the City Address 1. Contractor shall produce the Mayor's annual State of the City address, including: i. Hiring and supervising crew for camera operations, ii. Audio mixing, iii. Cable running, iv. Equipment load -in and load -out, v. Directing the show for video, city oQilytrAwncil RFP No. 24 88— 54 12/17QR24 of 33 CITY OF SANTA ANA vi. Renting all needed video equipment and vii. Editing the finished video for playback. III. OPTION C: Event Video Production 1. On- and off -site video production services in Santa Ana for City -produced events that may include, but are not limited to: i. 4th of July Celebration, ii. Fiestas Patrias, iii. Santa Ana Fun Run. 2. This shall include all responsibility for graphics, video roll -ins and all audio/visual needs. 3. Event production may be a recorded event or a live event broadcast. 4. Approximately one event video per month. IV. OPTION D: Other Video Production 1. On- and off -site video production services in Santa Ana to produce videos tailored for social media, City TV channel, marketing, website, employee orientation, and other internal and external uses. 2. These would be brief videos (30 seconds to 5 minutes) and shall include editing for graphics, captions, animations, video roll -ins and all audio/visual needs. 3. Approximately 1-2 videos per month. 4. Could include occasional longer form videos, such as documentary style or news broadcast style, requiring additional filming and editing time. V. OPTION E: Cable/Video/Audio Equipment Maintenance and Installation 1. Confer with City staff to evaluate needs and supervise maintenance activity of all city owned audio/video facilities, as needed. Said facilities include, but are not limited to, City Hall, recreation centers, senior centers, stadium, soccer fields, etc. 2. Review and make recommendation for the repair and /or replacement of said audio/video facilities. 3. Develop purchase lists, install, integrate and upgrade systems or equipment as needed. 4. Troubleshoot system, system repair, system alignment, calibration and design. 5. Design layout of electrical circuitry for existing and /or acquired audio/video equipment. 6. Establish and maintain equipment log and data base to keep inventory and records of maintenance and to track equipment performance. 7. Help establish and enforce City policies for equipment use. Provide operation instruction for staff. city oQlytrAwncil RFP No. 24 88— 55 12/17QR2,4 of 33 (9) CITY OF SANTA ANA 8. Prepare preventative maintenance schedules and execute said maintenance on a routine basis. 9. Coordinate equipment repair with outside agencies. 10. Supervise annual asset inventories and tagging of new assets, as needed. 11. Coordinate acquisition of new production equipment. 12. Facilitate and supervise use of facilities or equipment by outside agencies, persons, other City employees or cable franchisee staff. 13. Provide updates to City staff on progress of equipment installation, maintenance, building projects and anticipated completion dates. 14. Conduct regular security checks on the City's production equipment. 15. Assist City Clerk and other staff on use of Council Chambers: video, audio, lighting, PowerPoint, Elmo or other technical needs. 16. Facilitate completion of production services requested by City staff (including making dubs, editing and shooting videos, setting up equipment, programming videos on the city TV channel, delivering equipment, setting up operating facilities as needed.) 17. Vendor may utilize consultants/subcontractors to assist as required at the discretion of and with approval from the City Manager's Office. 18. Ensure compliance with local, state, and federal safety codes and regulations. VI. Other Services Not Mentioned 1. In addition to the designated proposal cost categories provided below, Proposers are encouraged to provide cost proposals for services that are not described in this RFP but may be of benefit to the City with regard to video streaming services. city oQlytrAwncil RFP No. 24 88— 56 12/17QR2,4 of 33 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 18 — 57 12/17/2024 ff COST PROPOSA Ll PEGASUS UIDIO, Cost Proposal Our cost proposal includes a flat rate to cover broadcast services and a broadcast system managed solution, as well as optional hourly rates for as -requested services. All costs will be billed monthly. Cost Proposal -Option A Administrative services and management. Includes coordination with city staff, $7,200 per month scheduling, consultation, training, ongoing $86,400 per fiscal year reporting and documentation. Basic AN maintenance, troubleshooting and reporting. Coordination with staff and service vendors for maintenance and repair issues. Broadcast Services including channel schedule management. Two (2) Broadcast Technicians for all City Council meetings. Technicians will arrive two (2) hours prior to the meeting start. Documentation: One time fee for year $5,000 one time fee in year one only one only, to create a comprehensive AV Management Plan, Hybrid Meeting Support Plan and Backup Broadcasting Plan documentation. Additional Meeting Broadcast Services $125 hr per operator with a 4 hour minimum. Rate: For additional meeting requests such Operators will arrive 2 hours prior to meeting as commission meetings. start time. ' .com City Council 18 — 59 1 / Cost Proposal -Option B Annual State of the City Address: Option 1: Filming using City Broadcast equipment. Option 2: Live streaming using Pegasus equipment. PEGASUS UIDIO, Filming of the live event included in Option A if utilizing City equipment (cameras in Hearing Room). B-roll can be filmed using our Videography hourly rate of $250 hour. Editing of events will be billed at post -production rate of $125 hour. $6,500 Flat rate to use Pegasus live stream equipment which includes cameras, video switcher, and all cables and support equipment. Live audio PA and mics not included. Can be used for off site events. Cost Proposal -Option C and Option D Videographer Rate: $250/hour with 4 hour minimum Includes one (1) vdeographer, one (1) 4k resolution camera, tripod or gimbal and audio kit. Photography Rate: $250/hour with 4 hour minimum Includes one photographer and equipment Post Production Rate: $125 hour For video editing, graphics, audio mixing Pre Production Rate: $125 hour For planning and coordination services ' .com City Council 18 — 60 1 / PEGASUS I U U 1 O Cost Proposal -Option E AV Engineering Services Rate: (and/or) For AV Engineering maintenance, repair and installation service requests. $250/hour with 4 hour minimum Programming Rate: (and/or) $350/hour with 4 hour minimum For Crestron and other software programming requests. Engineering Service Contract $42,000 per fiscal year. Monthly site visits with engineering staff to assess the condition of the AN systems, perform routine maintenance, and address any potential issues proactively. Total not -to -exceed cost for all services included in Proposal Estimated total not -to -exceed cost for all Options A-E is $225,000 per fiscal year. *This cost estimate does not include additional expenses related to equipment costs or large-scale projects that require full integration teams. For projects involving substantial upgrades, or technical support beyond the routine scope of work, additional costs will be quoted separately based on the specific needs of the City. Thank you for your time and consideration. Please reach out with any questions or requests for additional information. Sincerely, Robert Schwieger Pegasus Studios (805) 222-0014 robert@pegstudios.com " .com City Council 18 — 61 1 / AGREEMENT WITH TV PRO GEAR TO PROVIDE ON -CALL VIDEO PRODUCTION AND TECHNICAL SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 17TH day of December, 2024 by and between TV Pro Gear, Inc., a Nevada 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 September 23, 2024 the City issued Request for Proposal ("RFP") No. 24-108, by which it sought qualified consultants to provide on -call video production and technical services, for service options listed in the RFP, for video production of City Council meetings; other video productions including recorded event videos, live event videos, marketing and PSA videos, animated videos, and social media video content; and audio/visual system design and equipment maintenance. 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 the RFP. Consultant's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference, for Options A, B, C, D, and E. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of four (4) consultants selected under RFP 24-108. The total compensation for these services provided by all such consultants selected under RFP 24-108 shall not exceed the shared aggregate amount of Six Hundred Thousand Dollars ($600,000) during the term of the Agreement, including any extension periods. Page 1 of 9 #45 12/17/2024 City o u n c i 1 18 — 62 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2025 and continue for a two (2) year term through December 31, 2026 with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 #45 City Zj o u n c i 1 18 — 63 12/17/2024 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. Page 3 of 9 #45 12/17/2024 City o u n c i 1 18 — 64 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non - renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: City Manager's Office, 20 Civic Center Plaza, M-31, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. 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. Page 4 of 9 #45 12/17/2024 City o u n c i 1 18 — 65 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 9 #45 12/17/2024 City o u n c i 1 18 — 66 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 6 of 9 #45 12/17/2024 City o u n c i 1 18 — 67 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 7 of 9 #45 12/17/2024 City o u n c i 1 18 — 68 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: City Manager's Office City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 To Contractor: TV Pro Gear, Inc. Attn: Scott Donovan, General Manager 1630 Flower St. Glendale, CA 91201 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and Page 8 of 9 #45 City Zj o u n c i 1 18 — 69 12/17/2024 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ",,,,.--' Jonathan T. Martinez,,.- ' Assistant City Attorney #454868v1 CITY OF SANTA ANA Alvaro Nunez City Manager CONSULTANT: . )vgvv- Scott Donavan General Manager Page 9 of 9 City Council 18 — 70 12/17/2024 EXHIBIT A SCOPE OF SERVICES City Council 18 — 71 12/17/2024 (9) CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Contractor shall perform services as set forth below. I. OPTION A: City Council and other Public Meetings A. General Responsibilities: 1. Serve as Video Producer/Administrator for all City of Santa Ana Council meetings and cable -casting events in Council Chambers. i. Live broadcast and record City Council meetings. 2. Provide production services in live meeting coverage and playback for approximately twenty-four (24) meetings, including: i. City Council meetings held on the first and third Tuesdays of the month, and ii. Possible additional public meetings as selected by the City Clerk and/or City Manager, as needed. 3. Provide technical assistance for City production crews and staff. 4. Be responsible for all graphics/audio/visual needs during the presentations, which includes: i. PowerPoint, ii. Overheads, iii. Video roll -ins and presentations, iv. Review cueing system, v. Proper use of microphones for Council. 5. Arrange for and design overall look and style of productions. 6. Arrange for input of council graphics prior to the meeting. Run a spell check. Arrange for graphics to state replays during the meeting, approximately every 30 minutes during program. 7. Use of video streaming services that integrate with Facebook Live, YouTube Live, or similar social media platforms. 8. Responsiveness to provide video services for meetings on short notice (24 to 72 hours in advance.) Proposer should identify staffing levels, availability and how these needs will be met. B. Communication with City Staff: 1. Maintain open communications with the Public Affairs Information Officer and City Clerk's Office for special needs or changes pertinent to the agenda for each council meeting. 2. Communicate and confirm with the Public Affairs Information Officer regarding Council meeting coverage and playback related to the city channel. Report technical playback and Council problems and remedies to the cable office. city oQilytrAwncll RFP No. 24 88— 72 12/17QR2,4 of 33 (9)CITY OF SANTA ANA 3. Direct communication with City Councilmembers and City Clerk. C. Staffing Responsibilities: 1. Provide, hire and supervise all video production crew and staff to ensure that the control room is fully staffed during meetings and to provide a professional, high -quality video production. i. Staff shall include Director, Camera Robotics Operator, Audio Operator, Graphics Designer and Playback Operator. These positions may be consolidated in one or more persons. City recommends a crew of 2-3 people. 2. Schedule video production staff. Pre -arrange and notify crew of video productions and changes. 3. Provide for office administration and payroll for video production and playback crew. 4. Provide and be responsible for all production staff training and hands-on use of equipment for video crews. D. Training and Support: 1. Provide a training program (remotely or in -person) to a group of up to eight (8) City staff members. i. Training shall describe the roles and responsibilities of the Contractor in providing the video streaming service for City Council/public meetings. ii. Training shall identify how City Staff can identify and rectify minor problems that may arise in the rollout of the video streaming services. 2. Provide a main point of contact for City Staff. i. The main point of contact shall have a thorough understanding of the video streaming system and be capable of troubleshooting problems remotely with City Staff who may not be experts in video and audio technology. E. Other Responsibilities: 1. Provide maintenance of playback equipment located in City Hall as necessary for City Council meetings. i. The City of Santa Ana provides the control room equipment, cameras and equipment located inside the Council Chambers to broadcast and record the City Council meetings, including computers and other video production equipment. II. OPTION B: Annual State of the City Address 1. Contractor shall produce the Mayor's annual State of the City address, including: i. Hiring and supervising crew for camera operations, ii. Audio mixing, iii. Cable running, iv. Equipment load -in and load -out, v. Directing the show for video, city oQilytrAwncil RFP No. 24 88— 73 12/17QR24 of 33 CITY OF SANTA ANA vi. Renting all needed video equipment and vii. Editing the finished video for playback. III. OPTION C: Event Video Production 1. On- and off -site video production services in Santa Ana for City -produced events that may include, but are not limited to: i. 4th of July Celebration, ii. Fiestas Patrias, iii. Santa Ana Fun Run. 2. This shall include all responsibility for graphics, video roll -ins and all audio/visual needs. 3. Event production may be a recorded event or a live event broadcast. 4. Approximately one event video per month. IV. OPTION D: Other Video Production 1. On- and off -site video production services in Santa Ana to produce videos tailored for social media, City TV channel, marketing, website, employee orientation, and other internal and external uses. 2. These would be brief videos (30 seconds to 5 minutes) and shall include editing for graphics, captions, animations, video roll -ins and all audio/visual needs. 3. Approximately 1-2 videos per month. 4. Could include occasional longer form videos, such as documentary style or news broadcast style, requiring additional filming and editing time. V. OPTION E: Cable/Video/Audio Equipment Maintenance and Installation 1. Confer with City staff to evaluate needs and supervise maintenance activity of all city owned audio/video facilities, as needed. Said facilities include, but are not limited to, City Hall, recreation centers, senior centers, stadium, soccer fields, etc. 2. Review and make recommendation for the repair and /or replacement of said audio/video facilities. 3. Develop purchase lists, install, integrate and upgrade systems or equipment as needed. 4. Troubleshoot system, system repair, system alignment, calibration and design. 5. Design layout of electrical circuitry for existing and /or acquired audio/video equipment. 6. Establish and maintain equipment log and data base to keep inventory and records of maintenance and to track equipment performance. 7. Help establish and enforce City policies for equipment use. Provide operation instruction for staff. city oQlytrAwncil RFP No. 24 88— 74 12/17QR2,4 of 33 (9)CITY OF SANTA ANA 8. Prepare preventative maintenance schedules and execute said maintenance on a routine basis. 9. Coordinate equipment repair with outside agencies. 10. Supervise annual asset inventories and tagging of new assets, as needed. 11. Coordinate acquisition of new production equipment. 12. Facilitate and supervise use of facilities or equipment by outside agencies, persons, other City employees or cable franchisee staff. 13. Provide updates to City staff on progress of equipment installation, maintenance, building projects and anticipated completion dates. 14. Conduct regular security checks on the City's production equipment. 15. Assist City Clerk and other staff on use of Council Chambers: video, audio, lighting, PowerPoint, Elmo or other technical needs. 16. Facilitate completion of production services requested by City staff (including making dubs, editing and shooting videos, setting up equipment, programming videos on the city TV channel, delivering equipment, setting up operating facilities as needed.) 17. Vendor may utilize consultants/subcontractors to assist as required at the discretion of and with approval from the City Manager's Office. 18. Ensure compliance with local, state, and federal safety codes and regulations. VI. Other Services Not Mentioned 1. In addition to the designated proposal cost categories provided below, Proposers are encouraged to provide cost proposals for services that are not described in this RFP but may be of benefit to the City with regard to video streaming services. city oQlytrAwncil RFP No. 24 88— 75 12/17QR2,4 of 33 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable City Council 18 — 76 12/17/2024 TV PRo GEAR 1. Cost Proposal: OPTION A: City Council and other Public Meetings To give an accurate assessment and correct pricing it would be ideal to discuss the expectations of the city for the position currently occupied by Tom Bystry. Given the idea that there would be 24 meetings per year. a. Yearly - $100,000 to cover the main contact and team b. 3pm -12am per meeting (includes additional set up c. $100/hour depending on the role. d. $4,000/meeting e. Any unforeseen items that pop up. No amount known. f. $100,000 OPTION B: Annual State of the City Address — This will depend on scope and amount of outside equipment needed a. Yearly - $6,000 to cover team and equipment b. 2pm -12am per meeting (includes additional set up) c. $100/hour depending on the role. d. $6,000/event e. Any unforeseen items that pop up. No amount known. f. $7,000 OPTION C/D: Event Video Production/Other Video Production a. Yearly - $60,000 to cover teams and equipment b. 10 hour day for crew (includes additional set up) c. $100/hour depending on the role. d. $6,000-$8,000/event e. Any unforeseen items that pop up. No amount known. f. $9,000 City Council 18 — 77 12/17/2024 TV PRo GEAR VI. OPTION E: Cable/Video/Audio Equipment Maintenance and Installation a. Yearly - $5,000-10,000 — All depends on needs b. totally depends on needs c. $100/hour depending on need d. Depends on equipment needed e. Any unforeseen items that pop up. No amount known. f. $5,000-10,000 —totally depends on needs Regarding pricing, it is very contingent on the needs. I would like to have a follow up conversation given your decision to discuss in more detail as things are very dependent on specifics. City Council 18 — 78 12/17/2024 Park, Recreation and Community Services Agency www.santa-ana.org/parks Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Agreement with CivicPlus, LLC For Recreation Software AGENDA TITLE Agreement with CivicPlus, LLC for the use of CivicRec Recreation Registration Software (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with CivicPlus for use of their recreation software beginning December 1, 2024 through December 16, 2025, with an option to extend for an additional year, for a total agreement amount not to exceed $50,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Parks, Recreation, and Community Services Agency (PRCSA) utilizes a software application to process recreational class registrations and facility reservations for its athletic fields, recreation centers, and senior centers. PRCSA has been utilizing CivicPlus since December of 2017 after conducting a competitive Request for Proposals (RFP) process. PRCSA's most recent agreement with Civic Plus, LLC was from December 1, 2022 through November 30, 2024. PRCSA recommends continuing to use the software offered by CivicPlus from December 1, 2024 through December 16, 2025 and to have an option to extend the agreement an additional year through December 16, 2026. Due to the previous agreement, awarding the proposed agreement would exceed the City Manager's award authority for a fiscal year. Therefore, PRCSA is requesting City Council approval to maintain continuity of services for residents with the current recreation -based software offered by CivicPlus. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 19 — 1 12/17/2024 CivicPlus Recreation Software Agreement December 17, 2024 Page 2 FISCAL IMPACT Funds are available in the following account and funds will be budgeted and made available in future fiscal years, pending City Council approval of the City's annual budget. Any unused contract authority in a fiscal year may be used in subsequent years, within the term of the agreement. Fiscal Year Accounting Unit- Account # Fund and Account Description Amount 2024- 01113230-62300 Recreation & Community $26,616 2025 Services -General Fund - Contract Services -Professional 2025- 01113230-62300 Recreation & Community $23,384 2026 Services -General Fund - Contract Services -Professional EXHIBIT(S) 1. Agreement with CivicPlus, LLC Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Approved By: Alvaro Nunez, City Manager City Council 19 — 2 12/17/2024 AGREEMENT WITH CIVICPLUS, LLC, TO PROVIDE ACTIVITY AND SITE REGISTRATION SOFTWARE SERVICES THIS AGREEMENT is made and entered into on this 17th day of December, 2024 by and between CivicPlus, LLC, a Kansas company ("Consultant" or "CivicPlus"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City" or "Client"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of activity registration and site reservation software including maintenance and support. B. Consultant previously entered into Agreement #N-2022-336, for similar services, which expired on November 30, 2024. The City seeks to enter into a new Agreement with Consultant and, based on their prior engagement, Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for the first two (2) years of its services under this Agreement, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed Fifty Thousand Dollars and no cents ($50,000.00). This sum is comprised of the base amount for: 1) first -year compensation in the amount of $22,270.49; 2) second year compensation in the amount of $23,384.01; and 3) a contingency amount of $4,345.50 for additional services requested, in writing, at the sole discretion of the City. b. City shall recognize and compensate Consultant for any services rendered since December 1, 2024 to the effective date defined in Section 3, below. Page 1 of 10 City Council 19 — 3 12/17/2024 Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 16, 2025, with the option for the City to grant up to a one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS Upon full and complete payment of amounts owed for project development, City (referred to in this Section 5 as "Client") will own the website graphic designs, webpage or services content, module content, importable/exportable data, and archived information ("Client Content") created by CivicPlus on behalf of Client pursuant to this Agreement. "Client Content" also includes any elements of text, graphics, images, photos, designs, artworks, logos, trademarks, services marks, and other materials or content which Client provides or inputs into any website, software or module in connection with any services. Client Content excludes any content in the public domain; and any content owned or licensed by CivicPlus, whether in connection with providing services or otherwise. Upon completion of the project development, Client will assume full responsibility for Client Content maintenance and administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Content. Client hereby grants CivicPlus Page 2 of 10 City Council 19 — 4 12/17/2024 a worldwide, non-exclusive right and license to reproduce, distribute and display the Client Content as necessary to provide the services. Client represents and warrants that Client owns all Client Content or that Client has permission from the rightful owner to use each of the elements of Client Content; and that Client has all rights necessary for CivicPlus to use the Client Content in connection with providing the services. At any time during the term of this Agreement, Client will have the ability to download the Client Content and export the Client data through the services. Client may request CivicPlus to perform the export of Client data and provide the Client data to Client in a commonly used format at any time, for a fee to be quoted at time of request and approved by Client. Upon termination for any reason, whether or not Client has retrieved or requested the Client data, CivicPlus reserves the right to permanently and definitively delete the Client Content and Client data held in the services thirty (30) days following termination. During the thirty (30) day period following termination, regardless of the reason for its termination, Client will not have access to the services. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all source code, documents, and materials used in the Services ("CivicPlus Property") will remain the property of CivicPlus. CivicPlus Property specifically excludes Client Content. Client shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet "links" to the CivicPlus Property software or "frame" or "mirror" any CivicPlus Property administrative access on any other server or wireless or internet-based device that may allow third party entities, other than Client, to use the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the source code to all or any portion of the services; or (v) access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement. Provided Client complies with the terms and conditions herein, and license restrictions set forth in this section, CivicPlus hereby grants Client a limited, nontransferable, nonexclusive, license to access and use the CivicPlus Property associated with this Agreement for the term of this Agreement. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages: Page 3 of 40 City Council 19 — 5 12/17/2024 Minimum Scope and Limit of Insurance. Consultant shall maintain limits of insurance coverage in the following minimum amounts and 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 and $2,000,000 aggregate. • Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Consultant shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than $1,000,000 per occurrence or claim. • Workers' Compensation (W/C): 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, per employee, per policy for bodily injury or disease. This requirement can be waived if Vendor has no employees. • If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: • CGL, and SAML policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. • All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. • All required insurance policies: For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. • Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be provided to City for policy cancellation or non -renewal due to non-payment. Page 4 of 10 City Council 19 — 6 12/17/2024 • Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Parks, Recreation, & Community Services Agency, 20 Civic Center Plaza, M-23, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. City may require 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. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish 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 Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The retroactive date must be shown and must be before the date of the contract or the beginning of work. • Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. • 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, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors. Consultant shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub -contractors. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of third party claims for personal injury, including death, and claims for property damage, which may arise from Page 5 of 10 City Council 19 — 7 12/17/2024 the sole negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any third party 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 Consultant's sole negligence, malicious actions or omissions during the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including reasonable 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all Page 6 of 10 City Council 19 — 8 12/17/2024 nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of 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 that are the subject to this Page 7 of 10 City Council 19 — 9 12/17/2024 Agreement performed by City personnel or by other consultants retained by City, at any time following the execution of this Agreement. Notwithstanding the foregoing, Consultant may assign and transfer all of its rights under this Agreement by a sale of all of its assets or merger. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and 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. Page 8 of 10 City Council 19 — 10 12/17/2024 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, electronic mail or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, PRCSA City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 To Consultant: CivicPlus, LLC. Attn: Legal Department 302 South 4th St., Suite 500 Manhattan, KS 66502 Legal@civicplus.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 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 City Council 19 —11 12/17/2024 or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. In the event of any conflict or inconsistency between the terms and conditions in this Agreement and any terms or conditions set forth, including by separate weblink, 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. d. 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: onathan T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL: )�5-4C�' Hawk Scott Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA Alvaro Nunez City Manager CIVICPLUS, LLC: Amy Vika er Senior Vice President of Customer Success Page 40 of 40 City Council 19 — 12 12/17/2024 EXHIBIT A Scope of Services and Fee Schedule City Council 19 — 13 12/17/2024 EXHIBITA CP CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Client: CA — SANTA ANA — CivicRec - Statement of Work QTY ITEM PRODUCT TYPE 1 Civic Rec Annual Fee Renewable 1 AudioEye Enterprise for CivicRec Renewable 1 Document Management Module Renewable Annual Recurring Services — Initial Term USD 22,270.49 Annual Recurring Services Subject to U lift USD 23,384.01 This renewal Statement of Work ("SOW") is between Santa Ana, CA ("Customer") and CivicPlus, LLC, and shall be subject to the terms and conditions of the Master Services Agreement ("MSA") and the applicable Solutions and Products terms found at: www.civicplus.help/hc/p/le a�_(collectively, the "Terms and Conditions"). By signing this SOW, Customer expressly agrees to the Terms and Conditions throughout the Term of this SOW. The Terms and Conditions form the entire agreement between Customer and CivicPlus (collectively, referred to as the "Agreement"). The Parties agree the Agreement shall supersede and replace all prior agreements between the Parties with respect to the services provided by CivicPlus herein (the "Services"). 2. This SOW shall remain in effect for an initial term from December 1, 2024 — November 30, 2025 (the "Initial Term"). In the event that neither party gives 60 days' notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW may be renewed for an additional twelve month renewal term ("Renewal Term"). The Initial Term and all Renewal Terms are collectively referred to as the "Term". 3. Annual Recurring Services shall be invoiced on the first day of the Initial Term and the first day of any of each Renewal Term and be subject to a 5% uplift each Renewal Term. Client will pay all invoices within 30 days of the date of such invoice. Signature Page to Follow V. PD 06.01.2015-0048 Page 1 of 2 City Council 19 — 14 12/17/2024 Acceptance The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date: For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Sianature By (please sign): By (please sig{�): i I � �T 2 Printed Name: P6ted Name: Amy Vikander Title: Title: Senior VP of Customer Success Date: Date: 11 /27/2024 Organization Legal Name: Billing Contact: Title: Billing Phone Number: Billing Email: Billing Address: Mailing Address: (If different from above) PO Number: (Info needed on Invoice (PO or Job#) if required) V. PD 06.01.2015-0048 Page 2 of 2 City Council 19 — 15 12/17/2024 C;1 CIVICPLUS Updated Remittance Address: (FOR PAYMENTS ONLY) CivicPlus LLC PO Box 737311 Dallas TX 75373-7311 Bill To Santa Ana CA 20 Civic Center Plaza Santa Ana California 92702 TOTAL DUE Estimate #316132 11/29/2024 PO # $221270.49 Due Date: 12/29/2024 Terms Due Date PO # Approving Authority Net 30 12/29/2024 Qty Item Start Date End Date 1 CivicRec Annual Fee 12/01/2024 11/30/2025 1 AudioEye Enterprise for CivicRec 12/01/2024 11/30/2025 1 Document Management Module: Enabled to allow customers to 12/01/2024 11/30/2025 upload documents and staff to manage records. Total $22,270.49 Due $22,270.49 Please submit payment via ACH using the details below. Please send notification of ACH transmission via email to remittance@civicplus.com. That address is not monitored for other inquiries or notifications. For any other invoice questions or information, please contact us at accounting@civicplus.com. Bank Name Account Name JPMorgan Chase CivicPlus LLC Account Number Routing Number 910320636 021000021 City Council 19 — 16 12/17/2024 CA - Santa Ana - Rec Renewal Agreement & SOW - CP Signed - 11272024 Final Audit Report 2024-12-03 Created: 2024-12-03 By: Stephanie Garcia (SGarcia5@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAGBSw5T9140milpTVpLsbTBquWJii-Qk_ "CA - Santa Ana - Rec Renewal Agreement & SOW - CP Signed - 11272024" History Document created by Stephanie Garcia (SGarcia5@santa-ana.org) 2024-12-03 - 11:35:46 PM GMT Document emailed to Hawk Scott (hscott@santa-ana.org) for signature 2024-12-03 - 11:35:51 PM GMT Email viewed by Hawk Scott (hscott@santa-ana.org) 2024-12-03 - 11:36:46 PM GMT &0 Document e-signed by Hawk Scott (hscott@santa-ana.org) Signature Date: 2024-12-03 - 11:36:56 PM GMT - Time Source: server Agreement completed. 2024-12-03 - 11:36:56 PM GMT Ado i ounce . y 19 — 17 12/17/2024 Public Works Agency www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Fence Rental, Purchase, and Installation Services AGENDA TITLE Purchase Order Contracts with Los Angeles Fencing Co. and Quality Fence Co. Inc. for Fence Rental, Purchase, and Installation Services (Specification No. 24-130A) (General Fund and Non -General Fund) RECOMMENDED ACTION Award aggregate Purchase Order Contracts to the vendors listed below for on -call fence rental, purchase, and installation services on an as -needed basis, in an annual aggregate amount not to exceed $1,000,000, for a term beginning December 17, 2024 and expiring December 16, 2026, with provisions for three additional one-year renewal options. Vendor Location Los Angeles Fencing Co. Ontario, CA Quality Fence Co Inc. Paramount, CA GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Permanent and temporary fencing is used to ensure public safety and reduce liability around City -owned properties as needed. Such fencing is rented or permanently installed and can be initiated within 24 hours when necessary to provide immediate public safety. Various City departments require the services of fencing contractors, on an on -call as needed basis, to secure City -owned properties such as community buildings, parks, and vacant lots. Use of these services is funded by existing departmental operating budgets. The proposed contracts will provide Staff with access to vendors that install both temporary chain -link fencing on a rental basis and permanently installed chain -link, tubular steel, and 4-D Panel fencing. Chain -link fencing is the most common type of fencing and least expensive to install. However, it is more susceptible to vandalism and its use is most common for temporary conditions such as vacant lots. 4-D panel fencing provides greater security and resistance to vandalism than chain -link fencing but is a costlier option. 4-D panel fencing is typically installed on a permanent basis where there are greater vandalism and security concerns, such as adjacent to flood control channels. City Council 20-1 12/17/2024 Fence Rental, Purchase, and Installation Services December 17, 2024 Page 2 Tubular steel fencing, also referred to as wrought iron fencing, is a higher grade fence that is aesthetically pleasing and commonly used for permanent conditions where a higher degree of security and aesthetic is required. The City also has the option to have all fence types color coated to improve the aesthetic quality. Invitation for Bids (IFB) No. 24-130A was advertised on November 7, 2024 on the City's online bid management and publication system. A summary of vendor participation and results is as follows: 452 Vendors notified 1 Santa Ana vendors notified 18 Vendors downloaded the bid packet 2 Bids received 0 Bids received from Santa Ana vendors Bids were solicited, opened on November 19, 2024, and evaluated (Exhibit 1). Two bids were submitted by the IFB deadline, and both were determined to be responsive to the specifications and met the City's requirements. The bid submitted by Los Angeles Fencing Co. was determined to be the lowest, responsible, and responsive to the City's specifications. To ensure sufficient resources are available at all times, staff recommends awarding blanket order contracts to both Los Angeles Fencing Co. and Quality Fence Co. Inc. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact at this time. Before utilizing on -call services, Public Works Agency (PWA) staff must obtain approval from the Finance and Management Services Agency (FMSA) by submitting a Notice to Proceed Request. This request must specify the funding source and the required dollar amount. FMSA will verify that the necessary funds are encumbered and available within the authorization and aggregate limits of these agreements. Once approved, PWA will issue a Notice to Proceed detailing the specific scope and maximum expenditure for the task. EXHIBIT(S) 1. Bid Abstract Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 20 — 2 12/17/2024 ABSTRACT OF BIDS Fence Rental and Installation Services (Bid No. 24-130A) BIDDER LOCATION Los Angeles Fencing Co. Ontario, CA Quality Fence Co Inc. Paramount, CA EXHIBIT 1 TOTAL $ 1,467,853.60 $ 3,774,080 City Council 20 — 3 12/17/2024 Public Works Agency www.santa-ana.org/public-works Item # 21 zr City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Emergency On -Call Water and Sewer Clean Up Services AGENDA TITLE Agreements with Houston & Harris PCS, Inc., T.E. Roberts, Inc., and Paulus Engineering, Inc. for Emergency On -Call Water and Sewer Clean Up Services (Specification No. 24-054) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Houston & Harris PCS, Inc., T.E. Roberts, Inc., and Paulus Engineering, Inc. for emergency on -call water and sewer clean up services, for a term beginning January 1, 2025 and expiring December 31, 2027, with a provision for one, two year renewal, for a total aggregate amount not to exceed $775,000 for the term of the contract, including the optional renewal (Core Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency Water (PWA)'s Resources Division maintains the City's water and sewer system comprised of approximately 444 miles of water mains and 390 miles of sewer mains. The selected contractors will clean up debris, mud, dirt, and sludge associated with water main breaks and sewer system overflows on an as -needed basis. Request for Proposals (RFP) No. 24-054 for on -call emergency water and sewer cleanup services was advertised on August 8, 2024 (Exhibit 1), on the City's online bid management and publication system. Eight proposals were received; four were determined to be responsible and responsive to the specifications and met the City's requirements. Four proposals were evaluated by a selection committee for content and responsiveness to the RFP. Based on the criteria outlined in the RFP, the following summarizes the top three responding firms and their ranking: Company Location Rank Houston & Harris PCS, Inc. San Bernardino, CA 1 TE Roberts, Inc. Irvine, CA 2 Paulus Engineering, Inc. Anaheim, CA 3 City Council 21 —1 12/17/2024 Emergency On -Call Water and Sewer Clean Up Services December 17, 2024 Page 2 Staff recommends Houston & Harris PCS, Inc., T.E. Roberts, Inc., and Paulus Engineering, Inc. be retained for on -call emergency cleanup services (Exhibits 2-4). These three firms have demonstrated that they have the experience and resources needed to respond to a variety of the City's needs during emergency situations. FISCAL IMPACT Funds in the amount of $52,000 and $25,500 are budgeted and available for expenditure in FY 2024-25 in the Water Systems Maintenance and Sanitary Sewer Service, Contract Services -Professional expenditure accounts. Funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Fiscal Year Accounting Fund Accounting Unit, Amount Unit — Description Account Description Account # Contract 3-Year Term FY 24-25 06017641- Water Water Systems $52,000 (Jan -Jun) 62300 Maintenance, Contract Services -Professional 05617640- Sewer Sanitary Sewer Service, $25,500 62300 Contract Services - Professional FY 25-26 06017641- Water Water Systems $104,000 62300 Maintenance, Contract Services -Professional 05617640- Sewer Sanitary Sewer Service, $51,000 62300 Contract Services - Professional FY 26-27 06017641- Water Water Systems $104,000 62300 Maintenance, Contract Services -Professional 05617640- Sewer Sanitary Sewer Service, $51,000 62300 Contract Services - Professional Renewal Option 2-Year Term FY 27-28 06017641- Water Water Systems $104,000 62300 Maintenance, Contract Services -Professional 05617640- Sewer Sanitary Sewer Service, $51,000 62300 Contract Services - Professional City Council 21 — 2 12/17/2024 Emergency On -Call Water and Sewer Clean Up Services December 17, 2024 Page 3 Fiscal Year Accounting Fund Accounting Unit, Amount Unit — Description Account Description Account # FY 28-29 06017641- Water Water System $104,000 62300 Maintenance, Contract Services -Professional 05617640- Sewer Sanitary Sewer Service, $51,000 62300 Contract Services - Professional FY 29-30 06017641- Water Water Systems $52,000 (July -Dec) 62300 Maintenance, Contract Services -Professional 05617640- Sewer Sanitary Sewer Service, $25,500 62300 Contract Services - Professional Total: $775,000 EXHIBIT(S) 1. RFP No. 24-054 2. Agreement with Houston & Harris, PCS, Inc. 3. Agreement with T.E. Roberts, Inc. 4. Agreement with Paulus Engineering, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 21 —3 12/17/2024 EXHIBIT 1 REQUEST FOR PROPOSAL NO.: 24-054 FOR ON -CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S Daisy Avenue, Building A Santa Ana, CA 92703 Kathia Reyes Project Manager (714) 647- 3319 Office KReyes2@santa-ana.org roved for Release: Nabil Saba, PE Executive Director Public Works Agency KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Thursday, August 8, 2024 Deadline for Requests for Information: Thursday, August 15, 2024; at 12:00 P.M. Proposal Due Date: Thursday, August 29, 2024; at 2:00 P.M. Projected Award Date: Tuesday, October 1, 2024 City Council 21 — 4 12/17/2024 (9) CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND...........................................................................................................................3 II. OVERVIEW OF PROJECT.......................................................................................................... 3 III, TERM OF AGREEMENT............................................................................................................ 3 IV. MINIMUM QUALIFICATIONS.. ....................................... .............. __ ......................................... 3 V. RESPONSE TO RFP.................................................................................................................. 3 VI. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 7 VII. REFERENCES............................................................................................................................8 VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 8 IX. SELECTION PROCEDURES & CRITERIA................................................................................. 8 X. WITHDRAWALS....................................................................................................................... 10 XI. GENERAL TERMS AND CONDITIONS. ................................................................................... 10 XII. AWARD OF AGREEMENT........................................................................................................ 14 XIII. IMPLEMENTATION.................................................................................................................. 15 EXHIBITS Exhibits provided herein for Prop osers'reference only. EXHIBIT I — SCOPE OF SERVICES EXHIBIT II — SAMPLE AGREEMENT ATTACHMENTS A PROPOSER'S CERTIFICATION, PROPOSAL PRICING B REFERENCES C PROPOSER'S STATEMENT D NON -COLLUSION AFFIDAVIT E NON -LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION G SUBCONTRACTOR DESIGNATION FORM City Council 21 — 5 12/17/2024 (9) CITY OF SANTA ANA BACKGROUND The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.orgl II. OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking Proposals from qualified contractors (Proposers) to provide On Call Emergency Water and Sewer Cleanup services. See EXHIBIT I for complete Scope of Services. The term "Vendor", "Proposer", "Firm", "Consultants", and "Contractor" shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). I11. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for one (1) additional two (2) year period, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. IV. MINIMUM QUALIFICATIONS 1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP. 2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP. V. RESPONSE TO RFP A. SUBMITTAL_ INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- City Council 21 — 6 12/17/2024 (9) CITY OF SANTA ANA 1771. Questions of an operational nature may be directed to the City's assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Manager(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City's Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the "Addenda/Emails" tab. D. EXCEPTIONS Requests submitted for City's consideration of proposed terms and conditions, including modifications to the City's RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City's terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids system, https://www.pIanetbids.com/portal/portal.cfm?Company_ID=20137. City Council 21 — 7 12/17/2024 (9) CITY OF SANTA ANA Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City's required Certifications listed in Section Vill below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Kathia Reyes, Project Manager City of Santa Ana — Public Works Agency 220 S. Daisy Avenue, M-85 Santa Ana, CA 92703 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in EXHIBIT I — Scope of Services. c. Aareement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions contained in EXHIBIT II — Sample Agreement of this RFP (if any). City Council 21 — 8 12/17/2024 (9) CITY OF SANTA ANA d. Firm and Team Experience Proposal shall include a profile of the firm's experience including the following: A general description of the firm, including size and number of employees working directly with the City on this agreement. Firm's nearest address serving the City of Santa Ana and headquarters address. iii. Name and contact information of the supervising Project Manage/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan Proposal shall include a statement demonstrating the firm's understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers': Anticipated approach to performing services as specified herein; Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References Attachment B — References shall be submitted for similar projects performed for state and/or similar government clients. 2. Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. If providing hourly rate sheets, Proposer shall not include rate ranges or averages. The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freightfshipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. City Council 21 — 9 12/17/2024 (9)CITY OF SANTA ANA Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer, All Proposals submitted become property of the City. Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows; Los Angeles -Long Beach -Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month's reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor's website at www.bls.gov.) H. PROTEST PROCEDURES Only respondents who have actually submitted a proposal may file a "protest" to an RFP with the City's Purchasing Department. In order for a Proposer's protest to be considered valid, the protest must: Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP ResultslNotice of Intent to Award on the City's online bidding system; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing manager, or other designated City staff member, shall review the basis of the protest and ask relevant information. The decision from the Purchasing Manager, or his/her designee, is final and no further appeals will be considered. VI. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: • Attachment A: Proposer's Certification and Proposal Item Pricing • Attachment B: References • Attachment C: Proposer's Statement • Attachment D: Non -Collusion Affidavit • Attachment E: Non -Lobbying Certification • Attachment F: Non -Discrimination Certification • Attachment G: Subcontractor Designation Form City Council 21 — 10 12/17/2024 (9) CITY OF SANTA ANA The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE. All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer. • City will not waive notarization requirement when applicable on any of the required attachments. VII. REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B — References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if.• • References fail to substantiate Proposer's description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. VIII. MINIMUM SCOPE AND LIMIT OF INSURANCE See EXHIBIT It — Sample Agreement IX. SELECTION PROCEDURES & CRITERIA A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. City Council 21 —11 12/17/2024 (9) CITY OF SANTA ANA B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP • Proposal's compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. 30 • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. Understanding of Need • Include milestones of completion of key tasks, to be completed by 20 specific team members. Relevant Project Experience/Schedule of Delivery • Relevant project experience within the last 5 years, including experience with public agencies. • The experience, resources, and qualifications of the firm and individuals 20 assigned to this account, including manager, supervisor and assigned staff. Cost of Proposal • Fees 20 • Hourly Rates References • References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE 100 C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. Interviews: The review committee may invite the proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. E. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non -responsive and may be rejected. City Council 21 — 12 12/17/2024 (9) CITY OF SANTA ANA The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. X. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XI. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City's website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor's employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. City Council 21 — 13 12/17/2024 (9) CITY OF SANTA ANA No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. E. CONTRACTOR'S EXPENSE Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre -contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre -proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor's proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor's personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. City Council 21 — 14 12/17/2024 (9) CITY OF SANTA ANA All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act, I. DRUG -FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager's attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub -contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right City Council 21 — 15 12/17/2024 (9) CITY OF SANTA ANA to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. N. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers' compensation or other fringe benefits of any kind through City. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON -PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. City Council 21 — 16 12/17/2024 (9) CITY OF SANTA ANA T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City's Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XII. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. City Council 21 — 17 12/17/2024 (9)CITY OF SANTA ANA A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT 11 Sample Agreement of this RFP. "Proposer" will hereinafter be referred to as "Consultant" or "Contractor' in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. XIII. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. "On -Call" contracts require the City Project Managers to request a project/task proposal from Consultants on an "as -needed" basis. Proposals will then be evaluated by City Staff and written NTPs will be issued accordingly per task order. City Council 21 — 18 12/17/2024 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor/Consultant shall perform services as set forth below. INTRODUCTION/BACKGROUND The City of Santa Ana (City) intends to select up to three (3) qualified contractors to provide Emergency Water and Sewer cleanup services on an as -needed basis. The City of Santa Ana is located in the County of Orange in Southern California and encompasses 27.2 square miles and a population over 309,000 people. The City of Santa Ana's Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 30 MG with 45,000 services. It is comprised of approximately 480 miles of water main, 45 MG of storage at 8 sites, 7 MWD connections, 20 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 9,000 manholes, 400 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. DESCRIPTION OF WORK - GENERAL The successful contractor shall provide all labor, material, and supplies necessary to complete cleanup of debris, mud, dirt, and sludge associated with water main breaks and sewer system overflows (SSO's). Contractor shall provide and maintain in good repair all equipment necessary to perform the required services and related tasks. The Contractor shall be available on an on -call basis, 24 hours a day, seven days a week, with the ability to arrive on -site at the City location within two hours of notification. Regular business hours are considered from 7 am to 5 pm (Monday through Friday). Any time outside of regular business hours of operation may be considered "after hours/weekends/holidays." The Contractor shall haul and dispose of the vacuumed materials and debris to the Orange County Sanitation District's (OCSD) facilities or an approved waste handling facility. The Contractor shall be an independent Contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules. City Council 21 — 19 12/17/2024 (9) CITY OF SANTA ANA DESCRIPTION OF WORK — SEWER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: • Use straw wattle and/or sandbags to protect storm drain from debris, install straw wattle on site; • Application of absorbent material; • Removal of contaminated soil and used absorbent; • Flushing the SSO site including gutters and affected area with clean water; • Vacuum all wash down water into the Contractor's vacuum truck; • Use of a city issued construction meter shall be necessary when accessing the city's water hydrants. DESCRIPTION OF WORK — WATER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: • Use straw wattle and/or sandbags to protect storm drain from debris, install straw wattle on site; • Cleanup of debris on the roadways, mud/debris on the roadway; • Vacuum all wash down water into the Contractor's vacuum truck; • Use of a city issued construction meter shall be necessary when accessing the city's water hydrants. DISTRIBUTION OF WORK The Contractor(s) selected for this work shall provide written, "not to exceed" estimates as requested by the City for services. These estimates shall include: number of employees, job classifications, equipment, estimated material costs, and number of hours required for the waste cleanup job. All hours worked and paid under this contract shall be for productive hours at the job site. All commuting to and from the work site, and or mobilization of equipment shall not be charged directly. But, shall be considered overhead and included in the rate for labor. No additional compensation will be allowed. It shall be the Contractor's responsibility to ensure they have all information deemed necessary to prepare accurate estimates. The contractor shall respond to City requests for estimates by end of business day. If multiple Contractors have been awarded a contract, the lowest responsive bid amongst the selected Contractors shall be awarded the corresponding job order. No work shall be allowed to proceed until authorized by the City. PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/. City Council 21 — 20 12/17/2024 (9) CITY OF SANTA ANA The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. SAFETY & HEALTH REQUIREMENT The Contractor shall comply with the applicable health and safety regulations and requirements from CAUOSHA, State of California Construction Safety Orders and the City of Santa Ana. TRAFFIC CONTROL 1. Traffic control shall be the responsibility of the Contractor and shall conform to the Work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be used on arterial streets. 2. All vehicles and or towed equipment shall carry "City of Santa Ana Authorized Contractor' magnet sign affixed and visible. City does not provide magnets or decals, it is solely the contractors responsibility to acquire and maintain signs. 3. The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents. PROTECTION OF PROPERTY The Contractor shall perform all work and prevent damage to public and/or private property. In the event damage occurs, the contractor shall replace and/or repair the damaged property at no cost to the City. Any cost incurred by the City to repair damage caused by the contractor or their subcontractors and repaired by City staff shall be the responsibility of the Contractor and will be deducted from any outstanding balances. UNSATISFACTORY WORK In the event that work performed by the Contractor is not satisfactory, the Contractor will be notified by the City and allowed (1) calendar day to correct the deficient work at no charge to the City. --END OF SCOPE OF WORK SECTION -- City Council 21 — 21 12/17/2024 CITY OF SANTA ANA EXHIBIT II SAMPLE AGREEMENT CONSULTANT -AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 20_ by and between , ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by City Council 21 — 22 12/17/2024 (9) CITY 4F SANTA ANA the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR 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 subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE (subject to RMD revision) Prior to undertaking performance of work under this Agreement, Contractor shall procure and maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement: a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL). Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation. As required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Professional Liability (Errors and Omissions). Insurance appropriate to the Contractor's profession, with a limit no less than $1,000,000 per occurrence or claims, $2,000,000 aggregate. (5) Broader Coverage. If the Contractor maintains broader coverage and/or City Council 21 — 23 12/17/2024 (9) CITY OF SANTA ANA higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions (1) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if 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). (2) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City. (6) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (7) Claims Made Policies. If any of the required policies provide claims -made coverage: i. The retroactive date must be shown, and must be before the date of the contract or beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase "extending reporting" coverage for a minimum of five (5) years after completion of work. (8) Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations City Council 21 — 24 12/17/2024 (9) CITY 4F SANTA ANA 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 Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (9) Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. (10) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of 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, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shah 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 City Council 21 — 25 12/17/2024 (9) CITY OF SANTA ANA 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 interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event. Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER City Council 21 — 26 12/17/2024 (9) CITY OF SANTA ANA No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES 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. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, ------- Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: City Council 21 — 27 12/17/2024 (9) CITY OF SANTA ANA 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. 21. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT: (name) (title) City Council 21 — 28 12/17/2024 (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Contractor shall submit additional labor, material and equipment rates along with the Fee Schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall attach a separate hourly rate schedule with hourly rates for staff per job classification, and equipment. If minimum fees are applicable, please include on your rate schedule. Hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City's Project Manager or Designee in writing. Maximum markup is 10% for admin costs. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. ON -CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES ARTERIAL STREET BID ITEMS Item Bid Item Unit Quantity Unit Price Total Vacuum Truck HR 4 1 Regular business hours $ $ Fully Staffed Vacuum Truck HR 4 2 After hours/weekends/holidays $ $ Fully Staffed Vacuum Truck HR 8 3 Regular business hours $ $ Fully Staffed Vacuum Truck HR 8 4 After hours/weekends/holidays $ $ Fully Staffed City Council 21 — 29 12/17/2024 (9) CITY OF SANTA ANA Item Bid Item Unit Quantity Unit Price Total 5 Pressure Washer Truck Regular business hours Fully Staffed HR 4 $ $ 6 Pressure Washer Truck After hours/weekends/holidays Fully Staffed HR 4 $ $ 7 Pressure Washer Truck Regular business hours Fully Staffed HR 8 $ $ 8 Pressure Washer Truck After hours/weekends/holidays Fully Staffed HR 8 $ $ RESIDENTIAL STREET BID ITEM Item Bid Item Unit Quantity Unit Price Total Vacuum Truck 9 Regular business hours HR 4 $ $ Fully Staffed Vacuum Truck 10 After hours/weekends/holidays HR 4 $ $ Fully Staffed Vacuum Truck 11 Regular business hours HR 8 $ $ Fully Staffed Vacuum Truck 12 After hours/weekends/holidays HR 8 $ $ Fully Staffed Item Bid Item Unit Quantity Unit Price Total 13 Pressure Washer Truck Regular business hours Fully Staffed HR 4 $ $ 14 Pressure Washer Truck After hours/weekends/holidays Fully Staffed HR 4 $ $ 15 Pressure Washer Truck Regular business hours Fully Staffed HR 8 $ $ 16 Pressure Washer Truck After hours/weekends/holidays Fully Staffed HR 8 $ $ City Council 21 — 30 12/17/2024 (9) CITY OF SANTA ANA PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. LEGAL NAME OF COMPANY BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT SIGNATURE OF AUTHORIZED AGENT DATE FEDERAL ID NUMBER (IF APPLICABLE) PHONE AND FAX NUMBERS TITLE E-MAIL ADDRESS CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IFAN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 21 — 31 12/17/2024 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Contact Individual: Address: Phone Number: EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Address: Contact Individual: Phone Number: . EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Contact Individual: Address: Phone Number: . EMAIL: Contract Amount: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 21 — 32 12/17/2024 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 21 — 33 12/17/2024 (2) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal 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 proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 21 — 34 12/17/2024 (9) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any 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, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. 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. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 21 — 35 12/17/2024 (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION 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. 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. 2. 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 City Council 21 — 36 12/17/2024 (9) CITY OF SANTA ANA 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. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 21 — 37 12/17/2024 MAYOR Valerie Amezcua MAYOR PRO TEM Thai Viet Phan COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Avenue Santa Ana, California 92702 www.santa-ana.ora ADDENDUM NO. 1: Q & A Request for Proposal No. 24-054 On -Call Emergency Water and Sewer Clean -Up Services August 22, 2024 CITY MANAGER Alvaro Nunez CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hail Notice is hereby given to bidders that, where applicable, the City of Santa Ana Water Resources Division has made certain clarifications, modifications, and/or deletions, for specifications of RFP 24-054 On -Call Emergency Water and Sewer Clean -Up Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. Answers to Inquiries/Questions submitted by the deadline are as follows: 1. Q. I do not see Attachment G — Subcontractor Designation Form in the bid package. Please advise A. Subcontractor Designation Form attached to this addendum 2. The RFP states that you intend to award up to 3 contracts but each PO will be a competitive bid and each PO will be awarded to the contractor who provides the lowest cost/rates. Therefore, work will not be assigned in an equitable manner. Please confirm we are understanding this correctly because we do not bid on these types of contracts where lowest cost/rates is all that ultimately matters when POs are issued. A. We are looking to award up to three contracts to the most qualified proposals. 3. Who currently provides these services and how long have they held the contract? Please provide a copy of the current contracts and associated rates/pricing. If you require us to submit a Public Records Request for this information, please let us know this ASAP, so we can submit a request without delay. A. Houston & Harris PCS, Inc., currently holds the contract. Current contract attached. SANTA ANA CITY COUNCIL Valerie Amezwa Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez David Penalaza Mayor Mayor Pro Tom, Ward 1 Ward 2 Ward 9 Ward 4 Ward 5 Ward 6 vamezcua(1a Santa-ana.ora 11ohan0santa-ana.ora bvazalina.om iessialaoezraDsanta-ana.oro phacerraasanla-ana.ora jryanhemandez(Msanta-ana.aM doenalozaasanta-sna.org City Council 21 — 38 12/17/2024 4. Will you be sending the Attachment G - Subcontractor Designation Form at a later date? I do not see it in the package. A. Subcontractor Designation Form attached to this addendum FOR THE CITY OF SANTA ANA athia Reyes, Projects Manager SANTA ANA CITY COUNCIL Valerie Amezaa Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Bacerra Johnathan Ryan Hemandez Owd Penaloza Mayor Mayor Pro Tem, Ward 5 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 vamezc..,,anta-ana.org Iphan(a�santa-ana.org bvaguez(a)santa-ana_oro iessialopez{olsanta-ana.oro obacerra0santa-ana.orn - anhemandez santa-aria, am doenalozaosanta-ana_om City Council 21 — 39 12/17/2024 (a CITY OF SANTA ANA ATTACHMENT G SUBCONTRACTOR DESIGNATION FORM Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder's total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law. If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder's total bid, including alternates. In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document. Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount Contractor's License Number DIR Registration No. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount: Contractor's License No: DIR Registration No: F1 Contractor will not be subcontracting any portion of work. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 21 — 40 12/17/2024 INSURANCE ON FlE N-2024-137 WORK MAY PROCEED UNTIL INSURANCE EXPIRES c� 412v a CITY ct��I�(, DATE. R�'�( 19 2024 D 4v' P c,;) AGREEMENT WITH HOUSTON & HARRIS PCS, INC., TO PROVIDE EMERGENCY �Y, V.4/81}'V� WATER AND SEWER CLEAN-UP SERVICES THIS AGREEMENT is made and entered into this 5th day of December 2023 by and between Houston & Harris PCS, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of emergency water and sewer clean-up services as needed by Public Works Agency Water Resources Division. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 On an as -needed basis Contractor 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 and set forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City does not warrant nor guarantee any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for the actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page it of' 9 City Council 21 — 41 12/17/2024 3. TERM This Agreement shall commence on the date first written above and terminate on October 31, 2024 unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title S, 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 pant of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1.,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and.not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint 'venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regralations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relatiDg to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical. drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & :Data"), Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data, Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 City Council 21 — 42 12/17/2024 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall procure and maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement: a. Minimum Scope and Lit -nit of. Insurance (1) Commercial General Liability (CGL). Insurance Services Office Norm 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[itnit 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 l), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage, (3) Workers' Compensation, As required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,009 per accident for bodily .injury or disease. (4) Professional Liability (Errors and Omissions). Insurance appropriate to the Contractor's profession, with a limit no less than $1,000,000 per occurrence or claims, $2,000,000 aggregate. (5) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor, Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions (1) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed. by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form. of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 l0 l 1 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CO 2037 if a later edition is used). Page 3 of 9 City Council 21 — 43 12/17/2024 (2) Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received. a waiver of subrogation endorsement from the insurer. (5) Self -Insured Retentions. Sell insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related .investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (6) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (7) Claims Made Policies. If any of the required policies provide claims -made coverage: i. The retroactive date must be shown, and must be before the date of the contract or beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work, iii. If coverage is canceled or non renewed, and not replaced with another claims -made policy foray with a retroactive date prior to the contract effective elate, the Contractor must purchase "extending reporting" coverage for a minimurn of five (5) years after completion of work. (8) Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this Page 4 of 9 City Council 21 — 44 12/17/2024 clause) and a cony of the Declarations and Endorsement Page of the CGL,policy listing allpolicy endorsements to City before work begins, However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to ,provide them. The City reserves the right to require complete, certified copies of all required insurance policies, !no]uding endorsements required by these specifications, at any time. (9) Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. (10) Special Rislss or Circumstances. City reserves the right to modify these requirements, including Ili -nits, based oil the nature of therisk, prior experience, insurer, coverage, or other special. circumstances, 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims :.for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section l of this Agreement, and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may male all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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, Page 5 of 9 City Council 21 — 45 12/17/2024 for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10, RECORDS Contractor shall keep records and invoices in connection with the work to be. performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City fora minimum period of three (3) years, or l'or any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and. invoices shall be, clearly identifiable, Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created Pursuant to this Agreement during regular business Hours, Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all. nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information. disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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; Page 6 OF9 City Council 21 — 46 12/17/2024 To City; Cleric 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 Contractor; Houston & Harris PCS, Inc. Attn: Larry Houston, President PO Box 10367 San Bernardino, CA 924.23 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, corn.rnunication 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 tirneframes, 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 Contractor 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this A.greernerit shall Page 7 of 9 City Council 21 — 47 12/17/2024 be construed to .limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16, 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made :for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 1.8. NON-DISCRIMINATION Contractor 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. Contractor 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 Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, Page 8 of 9 City Council 21 — 48 12/17/2024 permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. 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: SONIA R. CARVALHO City Attorney By: �:: 3ze--� randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA ,9.—. k 4 — Alvaro Nunez Acting City Manager CONTRACTOR Larry Houst6n President Page 9 of 9 City Council 21 — 49 12/17/2024 It"IM I, 1.: City Council 21 — 50 12/17/2024 WORK DESCRIPTION OF WORD - GENERAL Provide all labor, material, and supplies necessary to complete cleanup of debris, mud, dirt, and sludge associated with water main breaks and sewer system overflows (SSO's). Contractor shall provide and maintain in good repair all equipment necessary to perform the required services and related tasks. The Contractor shalt be available on an on -call basis, 24 hours a day, seven days a week, with the ability to arrive on -site at the City location within two hours of notification. Regular business hours are considered from lam to 5 pm (Monday through Friday). The Contractor shall haul and dispose of the vacuumed materials and debris to the Orange County Sanitation District's (OCSD) facilities or an approved waste handling facility. The Contractor shall be an Independent Contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules. II. DESCRIPTION OF WORK — SEWER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: e Use straw waddle and/or sandbags to protect storm drain from debris, install straw wattle on site; *Application of absorbent material; Removal of contaminated soil and used absorbent; ® Flushing the SSO site including gutters and affected area with clean water; ® Vacuum all wash down water into the Contractor's vacuum truck. Ill. DESCRIPTION OF WORK — WATER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: o Use straw waddle and/or sandbags to protect storm drain from debris, install straw wattle on site; Cleanup of debris on the roadways, mud/debris on the roadway; * Vacuum all wash down water into the Contractor's vacuum truck. City Council 21 — 51 12/17/2024 IV. DISTRIBUTION OF WORK The Contractor shall provide written, "not to exceed" estimates as requested by the City for services. These estimates shall include: number of employees, job classifications, equipment, estimated material costs, and number of hours required for the waste cleanup job. It shall be the Contractor's responsibility to ensure they have all information deemed necessary to prepare accurate estimates. The contractor shall respond to City requests for estimates by end of business day. If multiple Contractors have been awarded a contract, the lowest responsive bid amongst the selected Contractors shall be awarded the corresponding job order. No work shall be allowed to proceed until authorized by the City. V. PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at fittp://www.dir-ca.gov/. The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. VI. SAFETY & HEALTH REQUIREMENT The Contractor shall comply with the applicable health and safety regulations and requirements from CAUOSHA, State of California Construction Safety Orders and the City of Santa Ana, VII. TRAFFIC CONTROL Traffic control shall be the responsibility of the Contractor and shall conform to the Work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be used on arterial streets. City Council 21 — 52 12/17/2024 2. All vehicles and or towed equipment shall carry "City of Santa Ana Authorized Contractor" magnet sign affixed and visible, 3, The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents. Vill. PROTECTION OF PROPERTY The Contractor shall perform all work and prevent damage to public and/or private property. In the event damage occurs, the contractor shall replace and/or repair the damaged property at no cost to the City. Any cost incurred by the City to repair damage caused by the contractor or their subcontractors and repaired by City staff shall be the responsibility of the Contractor and will be deducted from any outstanding balances. 1X, UNSATISFACTORY WORK In the event that work performed by the Contractor is not satisfactory, the Contractor will be notified by the City and allowed (1) calendar day to correct the deficient work at no charge to the City. City Council 21 — 53 12/17/2024 EXHIBIT City Council 21 — 54 12/17/2024 P.O. Box 10367, San Bernardino, CA 92423 909-422-8990 r houstonandharris. cam First in quality First in service CCTV Inspection • NASSCO, PACP, IMACP Certified Operators -Lateral Launch • Database Customization Data Conversion • CIPP Point Repairs • Hydro -wash • Potholing • CA #084167 • DIR #1000003580 - Non -Union Estimate: This estimate is valid for 90� days To: City of Santa Ana Date: 10-02-2023 Attn: Diana Mazariego From: Brad HoustonlEiizabeth Butler Email/Fax: dmazariegopsanta-ana.org Email/Fax: ebu-tlerfthoustonandharris.com Re: Emergency Clean Up Current Rates Pages: 2 EMERGENCY CALL -OUTS CHARGED AT OVERTIME RATE Wash unit: Two (2) Man Crew with a Four (4) Hour Minimum; Water: Unit Two (2) Man Crew with a Four (4) Hour Minimum; Chase: Unit One (1) Man Crew with a Four (4) Hour Minimum, Traffic Control Unit: One (1) Man Crew with a Four (4) Hour Minimum; Additional Laborer: Regular $410.00/Hour Overtime $513.00/Hour Double-time $641.001Hour Fuel Surcharge $18.00/Hour Travel time $340.001Hour Regular $410.00/Hour Overtime $513.0011dour Double-time $641.001Hour Fuel Surcharge $18.001Hour Travel time $340.001Hour Regular $170.00/Hour Overtime $212.501Hours Double-time $265.631Hour Fuel Surcharge $9.00/Hour Travel time $185.001Hour Regular $170.00/Hour Overtime $212.501Hours Double-time $265.531Hour Fuel Surcharge $9.00/Hour Travel time $185.001Hour Regular $100.001Hour Overtime $125.001Hour Double-time $156,251Hour Additional MateriallEguipment: Cost + 15% All projects are subject to a Four (4)-Hour minimum per mobilization. As per Prevailing 1Vrr a labor corle #I771, rates are based on ilouston & Ilarris paying „Operating Engineer, Group 4" & `:Laborer, Group 3". Terms & Conditions: Used as defined: Estimate: To calculate approximately (size, cost, etc.) Quote: To state a price Bid: To offer an amount as the price one will accept, or pay Page 1 of 2 'City Council �su�5 f,. �r,�u�,�, U - „� ,3 :,; ��29 — 55 - IgbilGri. 1f you i� . ;, . 12/17/2024 fib P.O. Box 10367, San Bernardino, CA 92423 First in quality +� 909-422-6990 -- -=vim houstonandharris.com First in service CCTV Inspection • NASSCO, PACP, MACP Certified Operators • Lateral Launch - Database Customization Data Conversion • CIPP Point Repairs • Hydro -wash • Potholing - CA #884167 • DIR #1000003580 , Non -Union Estimate: This estimate is valid for 90 days To: City of Santa Ana Date: 10-02-2023 Attn: Diana Mazariego From: Brad HoustonlElizabeth Butler Email/Fax: dmazariego cAsanta-ana.orq EmaillFax: ebutler houstonandharris.com Re: Emergency Clean Up Current Rates Pages: 2 Used as defined: Estimate: To calculate approximately (size, cost, etc.) Quote: To state a price Bid: To offer an amount as the price one will accept, or pay Page 2 of 2 Th€s farlemaiI nn01,fSx th�r l ut�,gf«si n�ierpepv `jFtr 9 us rlasure cr disinuution r:! t..-ryk-21,,..- 56� .. "«:,�,,rrl 2/17/2024 MAYOR Valerie Amezcua MAYOR PRO TEM Thai Viet Phan COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Avenue Santa Ana, California 92702 www.santa-ana.orq ADDENDUM NO. 2: Q & A Request for Proposal No. 24-054 On -Call Emergency Water and Sewer Clean -Up Services August 28, 2024 CITY MANAGER Alvaro Nunez CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall Notice is hereby given to bidders that, where applicable, the City of Santa Ana Water Resources Division has made certain clarifications, modifications, and/or deletions, for specifications of RFP 24-054 On -Call Emergency Water and Sewer Clean -Up Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. Key RFP Date Changes: Proposal Due Date: Tuesday, September 3, 2024; at 2:00pm Projected Award Date: Tuesday, November 19, 2024 Answers to inquiries/Questions submitted after the deadline are as follows: 1. Q. If you award 3 contracts, will every work order be a competitive bid process and all work will be given to whoever offers the lowest rates/costs each time, or will work be distributed in a more equitable manner? A. Rates and availability will both be factored to determine the deployment for each emergency as they arise. 2. Q. For the bid items it looks like your looking for the hourly rate with a minimum rate based on of either 4 hours or 8 hours. Is this rate to include both labor and traffic control and equipment needed or just the labor rates itself? A. Rates shall include labor, traffic control and equipment needed at requested locations. SANTA ANA CITY COUNCIL Valerie Amezcua Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Becerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward I Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 vomezcua(&sanla-ana.onj tuhwllsanla-ana orn hvazquezCa�santa-ana.orq iessielooez,atsanta-ana-orn pbacerrara saMa-ano.orn irvanhernandez(disanta-ana.oM dpenalazaCdsanta-ana-ara City Council 21 — 57 12/17/2024 FOR THE CITY OF SANTA ANA atria Reyes, Projects Manager SANTA ANA CITY COUNCIL Valerie Amezcua Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Bacerra Johnalhan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward t Ward 2 Ward 3 Ward A Ward 5 Ward 6 vamezcua Santa-ana.oro tphan,7assnla-ana-o�n bvazauez(�sanla-sna.org iessielooezusan[a_ana.oro ebacerransanta-ana.orn anhemandez sanla-ana,or doenalozaClsanta-ana.ora City Council 21 — 58 12/17/2024 EXHIBIT 2 AGREEMENT WITH HOUSTON & HARRIS, PCS, INC. TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on the 17th day of December, 2024 by and between Houston & Harris, PCS, 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"). A. On August 8, 2024 the City issued Request for Proposal ("RFP") No. 24-054, by which it sought qualified contractors to provide on -call emergency water and sewer cleanup services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-054. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 24-054, which is attached hereto as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) contractors selected to provide services on an on -call basis under RFP 24-054. The total compensation for these services provided by all such contractors selected under RFP 24-054 shall not exceed the shared aggregate amount of Seven Hundred and Seventy -Five Thousand Dollars ($775,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance Page 1 of 10 City Council 21 — 59 12/17/2024 set forth in the Recitals which may reasonable be expected by City. 3. TERM This Agreement shall commence on January 1, 2025 and end on December 31, 2027, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to one (1), two-year period upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the Page 2 of 10 City Council 21 — 60 12/17/2024 purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub -contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits. 2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code l (any auto), with combined single limit no less than $5,000,000. 3. Workers' Compensation (WC). As required by the State of California, with statutory limits, and Employers' Liability insurance with a limit of no less than$1,000,000 per accident, policy, employee for bodily injury or disease. 4. Pollution Legal Liability and/or Errors and Omissions (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor's insurance. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, Page 3 of 10 City Council 21 — 61 12/17/2024 agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. 3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers" by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). 5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Diana Mazariego, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project must be indicated in the Description of Operations section of each certificate. Claims Made Policies If any coverage required is written on a claims -made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to CITY. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any Page 4 of 10 City Council 21 — 62 12/17/2024 endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub -contractors. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Sub -Contractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. For CGL coverage, sub -contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. 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 circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable Page 5 of 10 City Council 21 — 63 12/17/2024 decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Page 6 of 10 City Council 21 — 64 12/17/2024 Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. Page 7 of 10 City Council 21 — 65 12/17/2024 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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 if the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Page 8 of 10 City Council 21 — 66 12/17/2024 Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Contractor: Houston & Harris, PCS, Inc. Attn: Larry Houston, President PO Box 10367 San Bernardino, CA, 92423 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. 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. [signatures on following page] Page 9 of 10 City Council 21 — 67 12/17/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Kyle ellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: N a b I I S a b a Rgyn,44nedgy kzia.. Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager CONTRACTOR: Larry Houston President Page 10 of 10 City Council 21 — 68 12/17/2024 EXHIBIT A City Council 21 — 69 12/17/2024 (9) CITY OF SANTA ANA EXHIBIT l SCOPE OF SERVICES Contractor/Consultant shall perform services as set forth below. INTRODUCTION/BACKGROUND The City of Santa Ana (City) intends to select up to three (3) qualified contractors to provide Emergency Water and Sewer cleanup services on an as -needed basis. The City of Santa Ana is located in the County of Orange in Southern California and encompasses 27.2 square miles and a population over 309,000 people. The City of Santa Ana's Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 30 MG with 45,000 services. It is comprised of approximately 480 miles of water main, 45 MG of storage at 8 sites, 7 MWD connections, 20 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 9,000 manholes, 400 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. DESCRIPTION OF WORK - GENERAL The successful contractor shall provide all labor, material, and supplies necessary to complete cleanup of debris, mud, dirt, and sludge associated with water main breaks and sewer system overflows (SSO's). Contractor shall provide and maintain in good repair all equipment necessary to perform the required services and related tasks. The Contractor shall be available on an on -call basis, 24 hours a day, seven days a week, with the ability to arrive on -site at the City location within two hours of notification. Regular business hours are considered from 7 am to 5 pm (Monday through Friday). Any time outside of regular business hours of operation may be considered "after hours/weekends/holidays." The Contractor shall haul and dispose of the vacuumed materials and debris to the Orange County Sanitation District's (OCSD) facilities or an approved waste handling facility. The Contractor shall be an independent Contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules. City Council 21 — 70 12/17/2024 (9) CITY OF SANTA ANA DESCRIPTION OF WORK — SEWER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: • Use straw wattle and/or sandbags to protect storm drain from debris, install straw wattle on site; • Application of absorbent material; • Removal of contaminated soil and used absorbent; • Flushing the SSO site including gutters and affected area with clean water; • Vacuum all wash down water into the Contractor's vacuum truck; • Use of a city issued construction meter shall be necessary when accessing the city's water hydrants. DESCRIPTION OF WORK — WATER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: • Use straw wattle and/or sandbags to protect storm drain from debris, install straw wattle on site; • Cleanup of debris on the roadways, mud/debris on the roadway; • Vacuum all wash down water into the Contractor's vacuum truck; • Use of a city issued construction meter shall be necessary when accessing the city's water hydrants. DISTRIBUTION OF WORK The Contractor(s) selected for this work shall provide written, "not to exceed" estimates as requested by the City for services. These estimates shall include: number of employees, job classifications, equipment, estimated material costs, and number of hours required for the waste cleanup job. All hours worked and paid under this contract shall be for productive hours at the job site. All commuting to and from the work site, and or mobilization of equipment shall not be charged directly. But, shall be considered overhead and included in the rate for labor. No additional compensation will be allowed. It shall be the Contractor's responsibility to ensure they have all information deemed necessary to prepare accurate estimates. The contractor shall respond to City requests for estimates by end of business day. If multiple Contractors have been awarded a contract, the lowest responsive bid amongst the selected Contractors shall be awarded the corresponding job order. No work shall be allowed to proceed until authorized by the City. PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/. City Council 21 — 71 12/17/2024 (9) CITY OF SANTA ANA The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. SAFETY & HEALTH REQUIREMENT The Contractor shall comply with the applicable health and safety regulations and requirements from CAUOSHA, State of California Construction Safety Orders and the City of Santa Ana. TRAFFIC CONTROL 1. Traffic control shall be the responsibility of the Contractor and shall conform to the Work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be used on arterial streets. 2. All vehicles and or towed equipment shall carry "City of Santa Ana Authorized Contractor' magnet sign affixed and visible. City does not provide magnets or decals, it is solely the contractors responsibility to acquire and maintain signs. 3. The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents. PROTECTION OF PROPERTY The Contractor shall perform all work and prevent damage to public and/or private property. In the event damage occurs, the contractor shall replace and/or repair the damaged property at no cost to the City. Any cost incurred by the City to repair damage caused by the contractor or their subcontractors and repaired by City staff shall be the responsibility of the Contractor and will be deducted from any outstanding balances. UNSATISFACTORY WORK In the event that work performed by the Contractor is not satisfactory, the Contractor will be notified by the City and allowed (1) calendar day to correct the deficient work at no charge to the City. --END OF SCOPE OF WORK SECTION -- City Council 21 — 72 12/17/2024 EXHIBIT B City Council 21 — 73 12/17/2024 CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Contractor shall submit additional labor, material and equipment rates along with the Fee Schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall attach a separate hourly rate schedule with hourly rates for staff per job classification, and equipment. If minimum fees are applicable, please include on your rate schedule. Hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City's Project Manager or Designee in writing. Maximum markup is 10% for admin costs. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. ON -CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES ARTERIAL STREET BID ITEMS Item Bid Item Unit Quantity Unit Price Total Vacuum Truck HR 4 1,032.50 4,130.00 1 Regular business hours $ $ Fully Staffed Vacuum Truck HR 4 2 After hours/weekendslholidays s1,388.00 s 5,552.00 Fully Staffed Vacuum Truck HR 8 3 Regular business hours 833.75 $ 3,335.00 Fully Staffed Vacuum Truck HR 8 a,sa2.00 4 After hours/weekends/holidays $1,1�0.50 $ Fully Staffed City Council 21 — 74 12/17/2024 (9) CITY OF SANTA ANA Item Bid Item Unit Quantity Unit Price Total Pressure Washer Truck 5 Regular business hours HR 4 s12.5a $ 2 450.00 $ ' Fully Staffed Pressure Washer Truck 6 After hours/weekends/holidays HR 4 775.25 $ 3,101.00 $ Fully Staffed Pressure Washer Truck 7 Regular business hours HR g 481.25 $ 1,925.00 Fully Staffed Pressure Washer Truck 8 After hours/weekends/holidays HR 8 $ 634.65 2,538.60 Fully Staffed RESIDENTIAL STREET BID ITEM Item Bid Item Unit Quantity Unit Price Total Vacuum Truck 707.50 9 Regular business hours HR 4 $ $2,830.00 Fully Staffed Vacuum Truck 10 After hours/weekends/holidays HR 4 976.25 $ 3 9D5.OD $ Fully Staffed Vacuum Truck 11 Regular business hours HR 8 $ 576.25 $ 2,305.00 Fully Staffed Vacuum Truck 835.65 3,342.60 12 After hours/weekends/holidays HR 8 $ $ Fully Staffed Item i Bid Item Unit Quantity Unit Price Total Pressure Washer Truck 612.50 2,450.00 13 Regular business hours HR 4 $' Fully Staffed Pressure Washer Truck 14 After hours/weekends/holidays HR 4 $ 775.25 $3,101.00 Fully Staffed Pressure Washer Truck 15 Regular business hours HR 8 $ 481.25 $1,925.00 Fully Staffed Pressure Washer Truck 16 After hours/weekends/holidays HR 8 $ 634.65 $ 2,538.50 Fully Staffed City Council 21 — 75 12/17/2024 (9) CITY OF SANTA ANA PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Houston & Harris PCs,11nNc. 909-422-8990 LEGAL NAME OF COMPANY P.O. Box 10367, San Bernardino, CA 92423 BUSINESS ADDRESS Larry Houston PRINTED NAME OF AUTHORIZED AGENT SIGNATURE 08-28-2024 AGENT DATE 46-0495452 FEDERAL ID NUMBER (IF APPLICABLE) PHONE AND FAX NUMBERS President TITLE Lhouston@houstonandharris.com E-MAIL ADDRESS 884167 CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) 322849 CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 21 — 76 12/17/2024 Attachment A. 1 Additional Fee Schedule for Staff per Classification and Equipment Additional Personnel during Business Hours $195.00/Hour 4-Hour Minimum Additional Personnel After -Business Hours $305.00/Hour 4-Hour Minimum Chase/Traffic Control Units during Business Hours $325.00/Hour 4-Hour Minimum Chae/Traffic Control Units After -Business Hours $430.00/Hour 4-Hour Minimum Additional Material/Equipment @ Cost plus 10% City oiSanta Ana RFP No. 24-0554 - On -Call Emergency Water and Sewer C!e ;;, Services P.O. Box 10367 San Rernard9no, CA 92423 City Council 909-422-8990 P 21 — 77 12/17/2024 CA #884167 EXHIBIT 3 AGREEMENT WITH T.E. ROBERTS, INC. TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on the 17th day of December, 2024 by and between T.E. Roberts, 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. On August 8, 2024 the City issued Request for Proposal ("RFP") No. 24-054, by which it sought qualified contractors to provide on -call emergency water and sewer cleanup services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-054. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 24-054, which is attached hereto as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) contractors selected to provide services on an on -call basis under RFP 24-054. The total compensation for these services provided by all such contractors selected under RFP 24-054 shall not exceed the shared aggregate amount of Seven Hundred and Seventy -Five Thousand Dollars ($775,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonable be expected by City. Page 1 of 10 City Council 21 — 78 12/17/2024 3. TERM This Agreement shall commence on January 1, 2025 and end on December 31, 2027, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to one (1), two-year period upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 10 City Council 21 — 79 12/17/2024 7. INSURANCE Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub -contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits. 2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code l(any auto), with combined single limit no less than $5,000,000. 3. Workers' Compensation (WC). As required by the State of California, with statutory limits, and Employers' Liability insurance with a limit of no less than$1,000,000 per accident, policy, employee for bodily injury or disease. 4. Pollution Legal Liability and/or Errors and Omissions (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor's insurance. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Page 3 of 10 City Council 21 — 80 12/17/2024 Council, officers, officials, employees, agents, or volunteers shall not contribute with it. 3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers" by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). 5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Diana Mazariego, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project must be indicated in the Description of Operations section of each certificate. Claims Made Policies If any coverage required is written on a claims -made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to CITY. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Page 4 of 10 City Council 21 — 81 12/17/2024 Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub -contractors. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Sub -Contractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. For CGL coverage, sub -contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. 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 circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, Page 5 of 10 City Council 21 — 82 12/17/2024 to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 6 of 10 City Council 21 — 83 12/17/2024 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of Page 7 of 10 City Council 21 — 84 12/17/2024 performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency Page 8 of 10 City Council 21 — 85 12/17/2024 City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Contractor: T.E. Roberts, Inc. Attn: Timothy Roberts, President 17771 Mitchell North Irvine, CA, 92614 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. 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. [signatures on following page] Page 9 of 10 City Council 21 — 86 12/17/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM_ SONIA R. CARVALHO City Attorney By: Kyte esen Assi nt City Attorney RECOMMENDED FOR APPROVAL: hNabil Saba Digitally signed by Nabil Saba Da e:2024.11.27 11:27:34-08'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nuiicz City Manager CONTRACTOR: Timothy Roberts President Page 10 of 10 City Council 21 — 87 12/17/2024 EXHIBIT A City Council 21 — 88 12/17/2024 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor/Consultant shall perform services as set forth below. INTRODUCTION/BACKGROUND The City of Santa Ana (City) intends to select up to three (3) qualified contractors to provide Emergency Water and Sewer cleanup services on an as -needed basis. The City of Santa Ana is located in the County of Orange in Southern California and encompasses 27.2 square miles and a population over 309,000 people. The City of Santa Ana's Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 30 MG with 45,000 services. It is comprised of approximately 480 miles of water main, 45 MG of storage at 8 sites, 7 MWD connections, 20 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 9,000 manholes, 400 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. DESCRIPTION OF WORK - GENERAL The successful contractor shall provide all labor, material, and supplies necessary to complete cleanup of debris, mud, dirt, and sludge associated with water main breaks and sewer system overflows (SSO's). Contractor shall provide and maintain in good repair all equipment necessary to perform the required services and related tasks. The Contractor shall be available on an on -call basis, 24 hours a day, seven days a week, with the ability to arrive on -site at the City location within two hours of notification. Regular business hours are considered from 7 am to 5 pm (Monday through Friday). Any time outside of regular business hours of operation may be considered "after hours/weekends/holidays." The Contractor shall haul and dispose of the vacuumed materials and debris to the Orange County Sanitation District's (OCSD) facilities or an approved waste handling facility. The Contractor shall be an independent Contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules. City Council 21 — 89 12/17/2024 (9) CITY OF SANTA ANA DESCRIPTION OF WORK — SEWER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: • Use straw wattle and/or sandbags to protect storm drain from debris, install straw wattle on site; • Application of absorbent material; • Removal of contaminated soil and used absorbent; • Flushing the SSO site including gutters and affected area with clean water; • Vacuum all wash down water into the Contractor's vacuum truck; • Use of a city issued construction meter shall be necessary when accessing the city's water hydrants. DESCRIPTION OF WORK — WATER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: • Use straw wattle and/or sandbags to protect storm drain from debris, install straw wattle on site; • Cleanup of debris on the roadways, mud/debris on the roadway; • Vacuum all wash down water into the Contractor's vacuum truck; • Use of a city issued construction meter shall be necessary when accessing the city's water hydrants. DISTRIBUTION OF WORK The Contractor(s) selected for this work shall provide written, "not to exceed" estimates as requested by the City for services. These estimates shall include: number of employees, job classifications, equipment, estimated material costs, and number of hours required for the waste cleanup job. All hours worked and paid under this contract shall be for productive hours at the job site. All commuting to and from the work site, and or mobilization of equipment shall not be charged directly. But, shall be considered overhead and included in the rate for labor. No additional compensation will be allowed. It shall be the Contractor's responsibility to ensure they have all information deemed necessary to prepare accurate estimates. The contractor shall respond to City requests for estimates by end of business day. If multiple Contractors have been awarded a contract, the lowest responsive bid amongst the selected Contractors shall be awarded the corresponding job order. No work shall be allowed to proceed until authorized by the City. PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/. City Council 21 — 90 12/17/2024 (9) CITY OF SANTA ANA The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. SAFETY & HEALTH REQUIREMENT The Contractor shall comply with the applicable health and safety regulations and requirements from CAUOSHA, State of California Construction Safety Orders and the City of Santa Ana. TRAFFIC CONTROL 1. Traffic control shall be the responsibility of the Contractor and shall conform to the Work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be used on arterial streets. 2. All vehicles and or towed equipment shall carry "City of Santa Ana Authorized Contractor' magnet sign affixed and visible. City does not provide magnets or decals, it is solely the contractors responsibility to acquire and maintain signs. 3. The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents. PROTECTION OF PROPERTY The Contractor shall perform all work and prevent damage to public and/or private property. In the event damage occurs, the contractor shall replace and/or repair the damaged property at no cost to the City. Any cost incurred by the City to repair damage caused by the contractor or their subcontractors and repaired by City staff shall be the responsibility of the Contractor and will be deducted from any outstanding balances. UNSATISFACTORY WORK In the event that work performed by the Contractor is not satisfactory, the Contractor will be notified by the City and allowed (1) calendar day to correct the deficient work at no charge to the City. --END OF SCOPE OF WORK SECTION -- City Council 21 — 91 12/17/2024 EXHIBIT B City Council 21 — 92 12/17/2024 (a CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Contractor shall submit additional labor, material and equipment rates along with the Fee Schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall attach a separate hourly rate schedule with hourly rates for staff per job classification, and equipment. If minimum fees are applicable, please include on your rate schedule. Hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City's Project Manager or Designee in writing. Maximum markup is 10% for admin costs. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. ON -CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES ARTERIAL STREET BID ITEMS Item Bid Item Unit Quantity Unit Price Total 1 Vacuum Truck Regular business hours HR 4 $� 3 $ Fully Staffed Vacuum Truck HR 4 1f, f 2 After hours/weekends/holidays $ I $ z 1 Fully Staffed Vacuum Truck HR 8 3 Regular business hours $ 77�• $ 5g ,� Full Staffed Vacuum Truck HR 8 4 After hours/weekends/holidays $�_• (� i $ 5,(�3IQ. Fully Staffed City Council 21 — 93 12/17/2024 iq 0 CITY OF SANTA ANA Item Bid Item Unit Quantity Unit Price Total 5 Pressure Washer Truck Regular business hours HR 4 $ �`i� �a $ ,�3• Fully Staffed T 6 Pressure Washer Truck After hours/weekends/holidays HR 4 $ Fully Staffed 7 Pressure Washer Truck Regular business hours HR 8 $ a,1U Fully Staffed 8 Pressure Washer Truck After hours/weekends/holidays HR 8 $te Fully Staffed RESIDENTIAL STREET BID ITEM Item Bid Item Unit Quantity Unit Price Total 9 Vacuum Truck Regular business hours HR 4 _ $S $5� Fully Staffed Vacuum Truck 10 After hours/weekends/holidays HR 4 $ Df $ g7 Fully Staffed Vacuum Truck 11 Regular business hours HR 8 Fullv Staffed 12 Vacuum Truck After hours/weekends/holidays HR 8 $140 .0 Fully Staffed Item Bid Item Unit Quantity Unit Price Total Pressure Washer Truck Regular business hours $ of ,5•7D $ gl�a 13 Fully Staffed HR 4 Pressure Washer Truck ;n3 14 After hours/weekends/holidays HR 4 $ • $ 0�v Fully Staffed Pressure Washer Truck Regular business hours $ $ },1a5 t' 15 Fully Staffed HR 8 16 Pressure Washer Truck After hours/weekends/holidays HR 8 $ J 3.04 $ ;, ) zo Fully Staffed City Council 21 — 94 12/17/2024 (M P Roberts INCORPORATED 6EMII IM E9AG (11I lA rice COST PROPOSAL / FEE SCHEDULE LABOR CLASSIFICATION Laborer, Group 1 Laborer, straight rate per hour Laborer, Group 4 Pipelayer, straight rate per hour Laborer, Group 5 Welder, straight rate per hour Laborer Group 5 Foreman, straight rate per hour Operating Engineer, Group 8, straight rate per hour Operating Engineer, Gr. 8 Foreman per hour Teamster Group 3, straight rate per hour EQUIPMENT -prices subject to change after 3-31-25 and annually per Cal Trans rates Per Hour GANG TRUCK 52.02 FLATBED TRUCK 57.21 PICK UP TRUCK 4196 CREW TRUCK WITH TOOLS 63.53 DUMP TRUCK, BOBTAIL 66.11 DUMP TRUCK, END DUMP 114.92 WATER TRUCK 2000 Gal. 76.14 WELDING TRUCK 67.30 BACKHOE 86.98 TRAILER 23.00 WHEEL LOADER 122.95 STOMPER 20.00 AIR COMPRESSOR 25.46 SKID STEER 45.00 SKID STEER GRINDER ATTACHMENT 45.00 DRUM ROLLER 45.00 BARR/DELINEATOR/ CONES 0.40 TRAFFIC PLATES 9.50 ARROW BOARDS 13.63 WATER PUMP 12.00 HYDRO TEST PUMP 15.00 SHORING 17.00 CUT OFF SAW 10.00 TAPPING MACHINE - 2" 20.00 WATER BUFFALO 37.50 VALVE TRUCK 50.00 VACTOR TRUCK 295.48 FUEL SURCHARGE ON EQUIPMENT 7.00% SUBCONTRACTOR MARKUP 15.00% MATERIAL MARK UP 15.00% ADMINISTRATION FEE 10.00% 7 110.98 115.08 115.62 118.72 148.02 148.02 116.81 116.24 120.34 120.88 123.98 152.00 155.00 120.00 7-1-26 / 6-30-27 121.25 125.35 125.90 128.00 157.00 160.00 125.00 T.E. Roberts Inc. "No problems, only solutions!" 17771 Mitchell North Irvine, CA 92614 CA License No. 603008 DIR No. 1000000280 0: 714-669-0072 1 F: 714-200-0241 www.teroberts.coin estirnating�r terobetls.corn M (9) CITY OF SANTA ANA PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS i XI PRINTED NAME OF AUTHORIZED AGENT TITLE f kph ,r±SL" fierobe, ris...• 0rn SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS *76 (-0 too(�g�)6- FEDERAL ID NUMBER (IF APPLICABLE) U D 3uOlb CONTRACTOR LICENSE (IFAPPLICABLE) MBER CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 21 — 96 12/17/2024 1 EXHIBIT 4 AGREEMENT WITH PAULUS ENGINEERING, INC. TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on the 17th day of December, 2024 by and between Paulus Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 8, 2024 the City issued Request for Proposal ("RFP") No. 24-054, by which it sought qualified contractors to provide on -call emergency water and sewer cleanup services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-054, C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 24-054, which is attached hereto as Exhibit A and incorporated in frill. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) contractors selected to provide services on an on -call basis under RFP 24-054. The total compensation for these services provided by all such contractors selected under RFP 24-054 shall not exceed the shared aggregate amount of Seven Hundred and Seventy -Five Thousand Dollars ($775,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance Page 1 of 10 City Council 21 — 97 12/17/2024 set forth in the Recitals which may reasonable be expected by City. 3. TERM This Agreement shall commence on January 1, 2025 and end on December 31, 2027, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to one (1), two-year period upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title S, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"), Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the Page 2 of 10 City Council 21 — 98 12/17/2024 purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub -contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL). Insurance Set -vices Office (ISO) Form CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits. 2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code 1(any auto), with combined single limit no less than $5,000,000. 3. Workers' Compensation (WC). As required by the State of California, with statutory limits, and Employers' Liability insurance with a limit of no less than$1,000,000 per accident, policy, employee for bodily injury or disease. 4. Pollution Legal Liability and/or Errors and Omissions (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the minimums shown above. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor's insurance. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, Page 3 of 10 City Council 21 — 99 12/17/2024 agents, and volunteers. Any insurance or self-insurance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it. 3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers" by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). 5. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Diana Mazariego, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project must be indicated in the Description of Operations section of each certificate. Claims Made Policies If any coverage required is written on a claims -made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than AN11, unless otherwise acceptable to CITY. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any Page 4 of 10 City Council 21 — 100 12/17/2024 endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub -contractors. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certificate(s)/Evidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Sub -Contractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. for CGL coverage, sub -contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. 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 circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable Page 5 of 10 City Council 21 — 101 12/17/2024 decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period requited by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Page 6 of 10 City Council 21 — 102 12/17/2024 Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided tinder this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any patty, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TER.MINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. Page 7of10 City Council 21 — 103 12/17/2024 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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 if the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Page 8 of 10 City Council 21 — 104 12/17/2024 Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Contractor: Paulus Engineering, Inc. Attn: Rory Campbell, Vice -President 2871 E. Coronado Street Anaheim, CA, 92806 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. 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 frilly set forth in the body of this Agreement. [signatures on following page] Page 9 of 10 City Council 21 — 105 12/17/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Kyle Olesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Saba Nabil S a bh a Date: 2024.11.26 17:09:53-08'00' Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager Page 10 of 10 City Council 21 — 106 12/17/2024 EXHIBIT A City Council 21 — 107 12/17/2024 (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor/Consultant shall perform services as set forth below. INTRODUCTION/BACKGROUND The City of Santa Ana (City) intends to select up to three (3) qualified contractors to provide Emergency Water and Sewer cleanup services on an as -needed basis. The City of Santa Ana is located in the County of Orange in Southern California and encompasses 27.2 square miles and a population over 309,000 people. The City of Santa Ana's Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 30 MG with 45,000 services. It is comprised of approximately 480 miles of water main, 45 MG of storage at 8 sites, 7 MWD connections, 20 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 9,000 manholes, 400 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. DESCRIPTION OF WORK - GENERAL The successful contractor shall provide all labor, material, and supplies necessary to complete cleanup of debris, mud, dirt, and sludge associated with water main breaks and sewer system overflows (SSO's). Contractor shall provide and maintain in good repair all equipment necessary to perform the required services and related tasks. The Contractor shall be available on an on -call basis, 24 hours a day, seven days a week, with the ability to arrive on -site at the City location within two hours of notification. Regular business hours are considered from 7 am to 5 pm (Monday through Friday). Any time outside of regular business hours of operation may be considered "after hours/weekends/holidays." The Contractor shall haul and dispose of the vacuumed materials and debris to the Orange County Sanitation District's (OCSD) facilities or an approved waste handling facility. The Contractor shall be an independent Contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules. City Council 21 — 108 12/17/2024 (9) CITY OF SANTA ANA DESCRIPTION OF WORK — SEWER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: • Use straw wattle and/or sandbags to protect storm drain from debris, install straw wattle on site; • Application of absorbent material; • Removal of contaminated soil and used absorbent; • Flushing the SSO site including gutters and affected area with clean water; • Vacuum all wash down water into the Contractor's vacuum truck; • Use of a city issued construction meter shall be necessary when accessing the city's water hydrants. DESCRIPTION OF WORK — WATER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: • Use straw wattle and/or sandbags to protect storm drain from debris, install straw wattle on site; • Cleanup of debris on the roadways, mud/debris on the roadway; • Vacuum all wash down water into the Contractor's vacuum truck; • Use of a city issued construction meter shall be necessary when accessing the city's water hydrants. DISTRIBUTION OF WORK The Contractor(s) selected for this work shall provide written, "not to exceed" estimates as requested by the City for services. These estimates shall include: number of employees, job classifications, equipment, estimated material costs, and number of hours required for the waste cleanup job. All hours worked and paid under this contract shall be for productive hours at the job site. All commuting to and from the work site, and or mobilization of equipment shall not be charged directly. But, shall be considered overhead and included in the rate for labor. No additional compensation will be allowed. It shall be the Contractor's responsibility to ensure they have all information deemed necessary to prepare accurate estimates. The contractor shall respond to City requests for estimates by end of business day. If multiple Contractors have been awarded a contract, the lowest responsive bid amongst the selected Contractors shall be awarded the corresponding job order. No work shall be allowed to proceed until authorized by the City. PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/. City Council 21 — 109 12/17/2024 (9) CITY OF SANTA ANA The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. SAFETY & HEALTH REQUIREMENT The Contractor shall comply with the applicable health and safety regulations and requirements from CAL/OSHA, State of California Construction Safety Orders and the City of Santa Ana. TRAFFIC CONTROL 1. Traffic control shall be the responsibility of the Contractor and shall conform to the Work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be used on arterial streets. 2. All vehicles and or towed equipment shall carry "City of Santa Ana Authorized Contractor' magnet sign affixed and visible. City does not provide magnets or decals, it is solely the contractors responsibility to acquire and maintain signs. 3. The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents. PROTECTION OF PROPERTY The Contractor shall perform all work and prevent damage to public and/or private property. In the event damage occurs, the contractor shall replace and/or repair the damaged property at no cost to the City. Any cost incurred by the City to repair damage caused by the contractor or their subcontractors and repaired by City staff shall be the responsibility of the Contractor and will be deducted from any outstanding balances. UNSATISFACTORY WORK In the event that work performed by the Contractor is not satisfactory, the Contractor will be notified by the City and allowed (1) calendar day to correct the deficient work at no charge to the City. --END OF SCOPE OF WORK SECTION -- City Council 21 —110 12/17/2024 EXHIBIT B City Council 21 —111 12/17/2024 CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Contractor shall submit addltlonal labor, material and equipment rates along with the Fee Schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall attach a separate hourly rate schedule with hourly rates for staff per job classlfication, and equipment. If minimum fees are applicable, please Include on your rate schedule. Hourly rates schedule, which shall Include but not limited to, direct and Indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City's Project Manager or Designee In writing. Maximum markup is 10% for admin costs. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. ON -CALL, EMERGENCY WATER AND SEWER CLEANUP SERVICES ARTERIAL STREET BID ITEMS Item Bid Item Unit Quantity Unit Price Total Vacuum Truck HR 4 1 Regular business hours $ 1,805 $7,220 Fully Staffed Vacuum Truck HR 4 2 After hours/weekends/holidays $ 2,757 $ 11,028 Fully Staffed Vacuum Truck HR 8 3 Regular business hours $1,755 $ 14,040 Fully Staffed Vacuum Truck HR 8 4 After hours/weekends/holidays $ 2,120 $ 16,960 Fully Staffed City Council 21 —112 12/17/2024 CITY OF SANTA ANA Item Bid Item Unit Quantity Unit Price Total 5 Pressure Washer Truck Regular business hours Fully Staffed HR 4 $1,805 $ 7,220 6 Pressure Washer Truck After hours/weekendstholidays Fully Staffed 11R 4 $ 2,757 $11,028 7 Pressure Washer Truck Regular business hours Fully Staffed HR 8 $1,755 $ 14,040 8 Pressure Washer Truck After hours/weekends/holidays Fully Staffed HR 8 2,120 $ 16,960 $ RESIDENTIAL STREET BID ITEM Item Bid Item Unit Quantity Unit Price Total Vacuum Truck 9 Regular business hours HR 4 $ 1,508 0,032 Fully Staffed Vacuum Truck 10 After hours/weekends/holidays HR 4 $2,270 $9,080 Fully Staffed Vacuum Truck 11 Regular business hours HR 8 $ 1,277 $ 10,216 Fully Staffed Vacuum Truck 12 After hours/weekends/holidays HR 8 $ 1,849 $ 14,792 Fully Staffed Item Bid Item Unit Quantity Unit Price Total Pressure Washer Truck 13 Regular business hours HR 4 $ 1,508 $ 6,032 Fully Staffed Pressure Washer Truck 14 After hours/weekends/holidays HR 4 $ 2,270 $9,080 Fully Staffed Pressure Washer Truck 15 Regular business hours HR 8 $1,277 $ 10,216 Fully Staffed Pressure Washer Truck 16 After hours/weekendslholidays HR 8 $ 1,849 $14,792 Fully Staffed City Council 21 —113 12/17/2024 (9) CITY OF SANTA ANA PROPOSER'S STATEMENT; I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City In accordance with said terms and conditions. Paulus Engineering, Inc. 949-874-3427 LEGAL_ NAME OF COMPANY PHONE AND FAX NUMBERS 2871 E. Coronado St, Anaheim, CA 92806 BUSINESS ADDRESS Rory Campbell Vice -President PRIr D NAME OF UTHORIZED GENT TITLE z/ camp bell@paulusenginering,com SI NA RE OF AUTHO ZED AGENT DATE E-MAIL ADDRESS 33-0717252 724114 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) 194149 CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN A WARD 1 S MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, City Council 21 —114 12/17/2024 Community Development Agency www.santa-ana.org/community-development Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Street Outreach and Engagement Agreement with City Net AGENDA TITLE Agreement with City Net to Provide Street Outreach and Engagement Services for Individuals Experiencing Homelessness (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Kingdom Causes, Inc. dba City Net, in an annual amount not to exceed $3,750,420, for the Santa Ana Multidisciplinary Street Outreach and Engagement (SMART) Program to provide homeless outreach services and non -emergency, non -medical dispatch services for homeless -related calls, for a one-year term from January 1, 2025 through December 31, 2025, with a one-year renewal option, for a total not -to -exceed amount of $7,500,840 for the entire agreement (Agreement No. 2024-XXX). 2. Authorize the City Manager to execute agreements required by state or federal agencies for the use of Homeless Housing, Assistance and Prevention (HHAP) funding, or for any additional funding that may become available. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On May 29, 2024, the City of Santa Ana (City) issued a Request for Proposal (RFP No. 24-079A) to retain services to provide Street Outreach and Engagement Services for Unhoused Individuals in the City. The RFP was posted on the City's PlanetBids portal and organizations were notified who had expressed prior interest. The City received three (3) proposals from Kingdom Causes (City Net), People Assisting the Homeless (PATH), and Volunteers of America (VOA). City staff conducted a minimum threshold review of the proposals to ensure compliance with RFP requirements. Following this review, staff formed a Review Panel consisting of staff from the Community Development Agency, City Manager's Office, and the Santa Ana Police Department (SAPD). Staff scored the proposals independently following interviews. The proposals were evaluated based solely on the five (5) evaluation criteria outlined in the RFP - Responsiveness to RFP, Experience of Firm and Personnel, Proposed Pricing, References, and Bonus Points for the Interviews conducted with City Net, PATH, and VOA. The RFP provided a structure so that proposal responses could be evaluated City Council 22 — 1 12/17/2024 Street Outreach and Engagement Agreement with City Net December 17, 2024 Page 2 objectively and fairly. Following this review process City Net had the highest scores in all five (5) evaluation categories and the table below summarizes the results of the evaluation, providing the average score and ranking for the proposals. Proposal Submitted By Average Score City Net 110 PATH 102 Volunteers of America 99 City staff reviewed the current SMART program, analyzed outreach data from the past two years, assessed proposals, and considered new guidance from the U.S. Supreme Court's ruling in the Grants Pass case, which underscores the importance of outreach services. The proposed 2025 Street Outreach Program integrates all of these factors into a recommendation to contract with the highest -scoring organization to deliver a street outreach program. The City's current contract with City Net provides a trauma informed, non -law enforcement, homeless outreach and engagement resource, known as SMART (Santa Ana's Multi -Disciplinary Homeless Response Team). City Net responds to reports of non -criminal homeless -related activity identified through the MySantaAna app, the community call line, priority calls from City staff, and transfers from SAPID dispatch. Case Managers additionally provide in -reach services in the City jail and provide case management services for individuals on the streets enrolled in their program. Outreach workers transport individuals to shelters, treatment facilities, appointments, and services to help with documents. Housing Navigators assist in matching clients to housing units. The last contract approved by the City Council was on December 19, 2023, in the amount of $3,841,845. City Net has been very accommodating to the City's requests to add programming, such as conducting a local and updated Point -in -Time Count in October 2024 specifically for the city. This count was completed within the budget provided for the current contract's financial agreement. Several of the outreach reports involve individuals with high needs who frequently resist services, making them some of the most challenging cases. This issue can be mitigated through increased and/or sustained intervention, even after shelter placement, by closely partnering and collaborating with staff from the Carnegie Navigation Center (City Shelter). City Net will now implement a 'Shelter Retention and Re -Engagement Initiative' in conjunction with the City Shelter to engage with clients who have exited. This initiative aims to thoroughly assess the reasons for their exit and explore ways to re- engage them with the system or alternative support options. City Net will respond to reports for street outreach, maintain case management services for the hundreds of individuals they currently have established relationships with, and staff a dispatch operation that reduces impact on emergency police and fire services. The program hours will be 7 a.m. to 9 p.m. daily, with a total of ten teams in the field, City Council 22 — 2 12/17/2024 Street Outreach and Engagement Agreement with City Net December 17, 2024 Page 3 with dispatch staff that divert non -emergency calls from SAPD to City Net, and a Jail Release Program (see Exhibit C of the Agreement with City Net attached as Exhibit 1). These services are critical because of cost savings that City Net staff provides to the SAPD for transferred phone calls for homeless related services. City Net staff also provide outreach workers who can connect homeless with services and have been able to connect with service resistant homeless and convince some to go into the City and County shelters. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The current fiscal year funding for HHAP-3 Payment to Subagent (account no. 12218717-69135) and HHAP-4 Payment to Subagent account (no. 12218718-69135) is available in the FY 2024-25 budget. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers for FY 2025-26. The City has restricted funding as outlined in the HHAP grant program. Upon receipt, the award will be presented to the City Council for appropriation adjustment and posted to the appropriate account number. Funds per fiscal year may vary based upon actual invoicing of hours, services worked, and funding availability. The City anticipates savings of up to $700,000 from the CY2024 agreement. These savings will decrease the City's restricted funding obligation and be reflected after close-out of CY2024 invoicing. Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account Description Account Description FY24-25 12218717- Emergency and HHAP 3 — $1,000,232 69135 Health Grants Payment to Subagent FY 24-25 12218718- Emergency and HHAP 4 — $874,978 69135 Health Grants Payment to Subagent FY 25-26 12218718- Emergency and HHAP 4 — $402,695 69135 Health Grants Emergency and Payment to Subagent HHAP — $1,472,515 FY 25-26 122187xx- 69135 Health Grants Payment to Subagent Total: $3,750,420 EXHIBIT(S) 1. Agreement with City Net Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, City Manager City Council 22 — 3 12/17/2024 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND KINGDOM CAUSES, INC. DBA CITY NET FOR STREET OUTREACH AND ENGAGEMENT SERVICES THIS STREET OUTREACH AND ENGAGEMENT AGREEMENT ("Agreement") is made and entered into on this 17th day of December, 2024, by and between Kingdom Causes, Inc., dba City Net, a California nonprofit corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 29, 2024, the City released Request for Proposals #24-079A ("RFP") for Street Outreach and Engagement Services for Unhoused Individuals in Santa Ana to meet the immediate needs of people experiencing homeless in unsheltered locations of the City, and connect them with emergency shelter, housing, or critical services. The RFP allowed for the selection of a vendor to provide services for a one (1) year initial period with up to four (4) one-year extensions. Contractor submitted a responsive proposal that was selected by the City ("Proposal"). The Contractor's Proposal is referenced herein as if set forth in full. B. City seeks a contractor to help the unhoused individual/family begin the process of obtaining the supportive services they need to obtain temporary and permanent housing, medical health treatment, mental health treatment, and counseling essential for achieving independent living. Contractor represents Contractor is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work, required to fully and adequately complete the services described and set forth in the Scope of Work attached hereto as Exhibit A. Contractor shall comply with all applicable Federal Regulations and Federal Contract Provisions detailed in the City's RFP (Exhibits III -A and III-B of the RFP, respectively), also attached hereto collectively as Exhibit B. City Council 22 — 4 12/17/2024 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges detailed in the Budget attached hereto as Exhibit C. The annual amount shall not exceed $3,750,420 and the total sum to be expended for the Agreement shall not exceed $7,500,840. b. Contractor agrees and understands that the City has the right to withhold up to 10% of the total contract value pursuant to the contractor achieving performance -based goals provided in Exhibit A. City shall evaluate said goals on a quarterly basis. Amounts subject to being withheld shall not exceed $93,760.48 per quarter, or $31,253.49 monthly, during each quarter. The total annual amount, subject to withholding, shall not exceed $375,041.92. C. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. d. The compensation required pursuant to this Agreement may be paid by City to Contractor from multiple federal, state, and local funding sources (each individually a "Funding Source" and cumulatively the "Funding Sources"), including, but not limited to, the following: i. HHAP Contractor will be required to enter into a separate funding agreement for each Funding Source. Contractor will be required to comply with all requirements of each Funding Source, as detailed in the separate funding agreements. The total amount of compensation in said funding agreements shall count toward the total amount due and owing from City to Contractor under this Agreement, not compensation in addition to the total amount of this Agreement. If Contractor does not execute any of the separate funding agreements, Contractor will forfeit that amount of funding from that Funding Source, and City will have the option to terminate this Agreement pursuant to the terms of Section 15, below. Additionally, in the event any Funding Source is reduced by 25% or more, City will have the option to terminate this Agreement pursuant to the terms of Section 15, below. 2 City Council 22 — 5 12/17/2024 3. TERM This Agreement shall commence on January 1, 2025, and continue through December 31, 2025, with the option for the City to grant up to a one (1) one-year renewal, exercisable by a writing by the City Manager and the City Attorney unless terminated earlier in accordance with Section 15 below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of City's data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 3 City Council 22 — 6 12/17/2024 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 and $2,000,000 general aggregate. 2. Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to the Consultant's profession and work hereunder, with limits not less than $2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Contractor in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Contractor's failure to provide professional services and/or products under this Agreement. The Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data and/or information "property" of City in the care, custody, or control of Contractor. 3. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering code 1 (any auto, with limits no less than $1,000,000 combined single limits. 4. Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease. If Contractor maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Contractor's CGL, and E&O policies, with respect to any liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Contractor's Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor under this Agreement. 4 City Council 22 — 7 12/17/2024 3. For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Community Development Agency, 20 Civic Center Plaza, M-25, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by City. City may require Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A-NII, unless otherwise acceptable to City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion 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, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 5 City Council 22 — 8 12/17/2024 Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. 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. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. City, at its sole option, may terminate this Agreement at any time and obtain damages from Contractor resulting from said breach. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. G City Council 22 — 9 12/17/2024 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential Information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that: (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or, (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, military and veteran status, 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 7 City Council 22 — 10 12/17/2024 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. City Council 22 —11 12/17/2024 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To City Net: CityNet dba Kingdom Causes Attn: Brad Fieldhouse, CEO 4508 Atlantic Ave., Ste. 292 Long Beach, CA 90807 Citvig6tpLCitynet.org 22 — 12 12/17/2024 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. 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: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney .,- 1) By: q'4 Andrea Garcia -Miller Assistant City Attorney RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency 10 CITY OF SANTA ANA Alvaro Nunez City Manager CITYNET Bra Fieldhouse CEO City Council 22 — 13 12/17/2024 i0:I:n:3llifi EXHIBIT A Scope of Work City Council 22 — 14 12/17/2024 i0:I:n:31111111111ii CITY OF SANTA ANA EXHIBIT A SCOPE OF SERVICES Contractor shall perform services as set forth below. A. GENERAL REQUIREMENTS 1. Provide enhanced homeless street outreach and engagement, case management and referral services to shelter and treatment to primarily benefit Individuals experiencing homelessness in the City of Santa Ana. a. Provide eligibility screening and referral processes to shelters, recuperative care programs, drug rehabilitation centers, crisis stabilization units, mental health clinics, medical health facilities and additional appropriate County Behavioral Health, Health Care and Social Services programs. b. Provide Case Management on the streets for individuals unable to go into shelter. 2. Meet Santa Ana's homeless population where they are, provide supportive wrap -around services, and offer both temporary and long-term housing opportunities. a. Follow best practice models such as progressive engagement, motivational interviewing, and other strength -based practices to build trust for future service. b. Exit individuals off the streets of Santa Ana by providing placement in emergency shelter, transitional housing, permanent housing or family reunification. 3. Designate a point -of -contact who is available to address issues that may arise and is capable to coordinate wi t h City staff and Santa Ana Police Department. 4. Receive diverted homeless calls for service from City law enforcement. 5. Be both proactive and responsive to calls and reports made through the MySantaAna app and Community Call Line. 6. Include outreach scheduling outside of standard business hours. a. Overall Hours of Operation, including most City holidays, are: • Seven days per week, 7:00 AM to 9:00 PM b. Community Call Line hours are: • Seven days per week, 7:00 AM to 9:00 PM c. Hours may be adjusted by mutual agreement between City and Contractor. 7. Provide Live/In-Person Dispatch Services during overall operating hours capable of: a. Providing robust dispatch services b. The use of computer -aided dispatch system capable of providing: • Real-time data and metrics; • Historic data and reports; and • Knowledge and clear understanding of all staff activities and interactions in the public. c. Assigned Call Center Supervisor City Council 22 — 15 12/17/2024 iO:I:n:3Nmi B. PROGRAM COMPONENTS 1. Housing Navigational Services when appropriate; 2. Licensed Clinical Social Work Clinicians, or access to; 3. Drug and Alcohol Counselors, or access to; 4. Transportation/Shuttle Services; 5. City Jail Release; 6. Emergency Mental and Medical Health Referrals; 7. Data Collection; and 8. Provide a "Shelter Retention and Re -Engagement Initiative" in conjunction with the shelter to engage with exited clients to comprehensively determine reasons for exiting and how we might re- engage them in the system or alternatives. C. REPORTS AND DELIVERABLES 1. All services must be easily accessible and evaluated for effectiveness on a regular basis. Program Deliverables: Service Annual Goal Service Annual Goal Outreach contacts 4000 Substance Abuse Referrals 120 Calls Dispatched * 8000 Case Management Services 1020 Jail Release Services 25 Street Exits 750 Bridge Housing for Families 20 *This deliverable may have variance. City Net cannot impact # of calls from the community. 2. Monthly, quarterly and an annual report is required. a. Reporting metrics are subject to change, but mainly consist of performance goals on numbers served in varying agreed -upon categories, as well as dollars spent. 3. Data entry, analysis and reporting in the Homeless Management Information System (HMIS) and the ability to provide data necessary for reporting and posting on a data dashboard is required. 4. Provide data necessary for submitting reports required by both State and Federal agencies. D. STAFFING/TEAM MODELS 1. Minimum of twn twn-pPrsnn teams in the field nt all times_ City Council 22 — 16 12/17/2024 a. Number of teams may change during the contract period. 10:4:n:3lmi 2. Employees are to be compensated at a comparable wage for each position. 3. Provide adequate staffing and supervision with appropriate ongoing staff training. 4. Employees are expected to wear identifying badges or uniforms while working. a. The City, however, is willing to pay for some uniform fees. Proposers may add these fees as part of their cost proposal. E. JOINT COORDINATION/PARTICIPATION 1. Contractor must coordinate and participate with the following agencies: a. Orange County Continuum of Care and related programs and operators; b. Santa Ana Quality of Life Team (QOLT); c. City of Santa Ana Homeless Services Division; and d. Operator of the Santa Ana Navigation Center. 2. The Contractor will coordinate closely with the Operator of the City's Navigation Center and will participate in monthly Outreach and Operation Team meetings. 3. The work of the Contactor's teams will be coordinated through with City of Santa Ana Homeless Services Department of the Community Development Agency. 4. The Contractor's teams will also work with staff from the Santa Ana Housing Authority to assist clients in getting document -ready for affordable housing opportunities. 5. The Contractor will coordinate with the City of Santa Ana Housing Authority, Orange County Social Service Agencies, and nonprofit organizations, as appropriate. 6. Participation in the Coordinated Entry System (CES). City Council 22 — 17 12/17/2024 EXHIBIT B FEDERAL REGULATIONS a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, City Council 22 — 18 12/17/2024 including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR, Subtitle B, Chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. I. Copeland Anti -Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti -Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. (1) Contractor — Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts — Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. City Council 22 — 19 12/17/2024 (3) Breach — A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis -Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR Part 401 and any other implementing regulations, as applicable. s. Cop3ji - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the City Council 22 — 20 12/17/2024 preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a 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. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) 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 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services provided by such entities or using such equipment. (4) 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. u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "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; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: City Council 22 — 21 12/17/2024 (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, 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 contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor 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 contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor 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. (6) The contractor 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. City Council 22 — 22 12/17/2024 (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction 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. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 contractor 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. City Council 22 — 23 12/17/2024 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 employees and applicants for employment. City Council 22 — 24 12/17/2024 (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 has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant City Council 22 — 25 12/17/2024 to the Executive Order and will carry out such sanctions and penalties 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. City Council 22 — 26 12/17/2024 (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 requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant 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 City Council 22 — 27 12/17/2024 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 verify that all subcontractors performing work under this Agreement are not debarred, disqualified, 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 (IByrd Anti-Lobbyi�ng Act: Consultants 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 M — M0.323 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 City Council 22 — 28 12/17/2024 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 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary 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) — M0.322 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: City Council 22 — 29 12/17/2024 (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 encourage participation by small and minority business, and women's business enterprises; and (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. City Council 22 — 30 12/17/2024 (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. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. (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. (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. City Council 22 — 31 12/17/2024 (ii) The list of persons and entities referenced in the paragraph above includes the following: management; enforcement agency; (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (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 City Council 22 — 32 12/17/2024 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. (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 apart 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 apart 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 City Council 22 — 33 12/17/2024 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. (x) 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 22 — 34 12/17/2024 i0:I:n:3llifi EXHIBIT C Budget City Council 22 — 35 12/17/2024 Santa Ana SMART Street Outreach and Engagement, Jan 1, 2025 - Dec 31, 2025 Live phone response and dispatch, 7 days/week, 9:00am to 9:00pm 10 total teams operating seven days a week, 7:00am to 9:00pm, including City Jail Release Program Labor Title/Role Description Estimated Full Comp (inc 2.5%) Est. Hrs/ wk Wks Est. FTE TOTAL NTE Regional Director Project compliance with management, operations and public safety standards to achieve programmatic outcomes $68.64 12 52.00 0.30 $42,834.01 Regional Program Supervisor Project supervision, staff management $58.23 40 52.00 1.00 $121,118.92 Field Supervisor Field supervision, staff management $48.55 40 52.00 2.00 $201,985.68 Dispatch Supervisor Call center supervisor $46.60 40 52.00 1.00 $96,920.72 Dispatch Staff Live call response $36.21 40 52.00 5.00 $376,617.80 Case Managers O+E, case management $41.46 40 52.00 18.00 $1,552,309.20 Case Manager III O+E, case management, Drug & Alcohol Counselors $48.04 40 52.00 2.00 $199,853.68 Data Analyst HMIS data entry, reporting, compliance $37.76 40 52.00 1.00 $78,542.88 Executive leadership Project oversight, quality control, communications, problem solving $106.84 16 52.00 0.40 $88,887.34 Finance and billing Payroll, billing $54.55 24 0.60 $68,079.02 Human resources Staff recruiting, hiring, training, disputes $45.13 20 0.50 $46,935.98 Operations Inventory, purchasing, technical support $43.16 16 qSubtotal: 0.40 $35,911.41 Staffing Vacancy Modifier at 8.25% to account for customary, industry -standard, staffing vacancies/transitions -2.66 -$240,074.72 Labor29.54 $2,669,921.92 Operations and Program Expenses Item Client Services Description Client/staff travel: Twelve vehicles, fuel, Uber/Lyft, EE mileage reimbursements, etc. $249,600.00 Client Services Emergency Shelter for families $173,000.00 Rent Office space and office furniture rental $112,320.00 Computing and Telecommunications Computing (computer, IPad, phone), telecommunications (phones & cell service), printer/copier w/supplies, hardware & software, wifi, etc. $44,315.25 Services and supplies Uniforms, copies, forms, office supplies, PPE supplies, etc. $28,361.76 Services and supplies IT support and client management software licenses $35,452.20 Services and supplies Financial audit $12,408.27 Services and supplies Liability insurance, cyber security insurance, Worker's Compensation insurance $84,092.62 Indirect Operations and Program Expenses Subtotal: 04 $739,550.10 Category De minimis rate for non-federal entity Description Per 2 CFR 200.414-11, de minimis rate established for non -Federal entities who do not have negotiated Indirect Cost Rate. This fee is charged at a rate of 10% to offset expenses incurred by the organization but not billable as direct project expenses. $340,947.20 Project TOTAL Indirect subtotal: $340,947.20 $3,750,419.22 City Council 22 - 36 12/17/2024 Community Development Agency www.santa-ana.org/community-development Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Strengthening Regional Workforce Development Partnerships and Advancing Education -Industry Alignment through WIOA Initiatives AGENDA TITLE Agreements with the County of Orange to Strengthen Regional Workforce Development Partnerships and Advancing Education -Industry Alignment through WIOA Initiatives (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with the County of Orange accepting grant funds of $110,000 to assist in the coordination and implementation of the Regional Equity and Recovery Partnership (RERP) grant for the period from December 17, 2024 to December 31, 2025, subject to non -substantive changes (Agreement No. A-2024-XXX). 2. Authorize the City Manager to execute an agreement with the County of Orange accepting grant funds of $30,000 for coordination of workforce efforts under the Regional Plan Implementation (RPI) 5.0 grant for the period of December 17, 2024 to March 31, 2025, subject to non -substantive changes (Agreement No. A-2024- XXX). 3. Approve an appropriation adjustment to recognize $30,000 in funds from Orange County Grant Revenue Federal Grant -Indirect account (no. 12418002-52001) and $110,000 from State Grant -Indirect account (no. 12418002-52027) and appropriating the same amounts to OC WIOA RPI 5.0 expenditure account (no. 12418750- various) and OC RERP expenditure account (no. 12418752-various), respectively (Requires five affirmative votes). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The Workforce Innovation and Opportunity Act (WIOA) mandates partnerships as a key component of California's State Plan to align education and training services with the needs of regional industry sectors across the state's 15 WIOA Regional Planning Units. Additionally, California state law requires coordination between K-12 schools, community colleges, and WIOA systems, and emphasizes the use of sector strategies as the operational framework for the state's workforce development system. City Council 23 — 1 12/17/2024 Strengthening Regional Workforce Development Partnerships December 17, 2024 Page 2 The Orange Workforce Alliance (OWA) consists of three local Workforce Development Boards that serve 34 cities and several large unincorporated areas in Orange County. These boards include the Anaheim Workforce Development Board (serving the City of Anaheim), the Santa Ana Workforce Development Board (serving the City of Santa Ana), and the Orange County Workforce Development Board (serving the remaining 32 cities and unincorporated areas). The OWA works collaboratively with various partners to leverage the region's strengths, address challenges, and expand opportunities for community members and businesses, promoting economic vitality. The State allocates RERP grant funds to support regional planning. OWA will utilize these funds to accelerate and enhance ongoing efforts under the Regional Workforce Plan, focusing on system alignment, partnerships, and regional programs that promote economic growth, equity, shared prosperity, and environmental sustainability. A key objective of the RERP grant is to strengthen the partnership with Orange County community colleges by creating targeted short-term education interventions to improve workforce preparation and participation, particularly for English language learners, immigrants, and first -generation college students. The project prioritizes two key industry sectors: healthcare and information technology. OWA will partner with local community colleges to develop training programs in fields such as Medical Laboratory Technician, Cybersecurity, Supply Chain Management, Web Services, and Introduction to Information Technology. These programs will incorporate strategies to support the target populations, including additional support services, cohort models, and Vocational English as a Second Language training (Exhibit 1). Additionally, the California Workforce Development Board has awarded WIOA Governor's discretionary funds for Regional Plan Implementation (RPI) 5.0 to support the implementation of local and regional workforce plans in 15 state -defined workforce areas. The purpose of the RPI 5.0 funding is to assist OWA in developing regional leadership, organizing industry leaders, and collaborating with workforce, education, and economic development partners to scale efforts and build the capacity of frontline workforce staff and partners (Exhibit 2). For these agreements, the County Workforce Development Board contracts directly with the State and subsequently sub -contracts with the City to facilitate participation in the regional workforce partnerships. FISCAL IMPACT Approval of the appropriation adjustment will recognize $30,000 in funds from Orange County Grant Revenue Federal Grant -Indirect account (no. 12418002-52001) and $110,000 from State Grant -Indirect account (no. 12418002-52027) and appropriate the same amounts to expenditure accounts as shown in the table below. Grant includes 10% Administrative costs with remaining to Program expenses. City Council 23 — 2 12/17/2024 Strengthening Regional Workforce Development Partnerships December 17, 2024 Page 3 Funds will be assigned, budgeted, and available for expenditure in FY 2024-25. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 2025-26. OC WIOA Reaional Plan Implementation (RPI) 5.0 Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account Description Account Description FY 24-25 12418750-61000 OC WIOA OC WIOA, Salaries $25,880 Regular FY 24-25 12418750 -62500 OC WIOA OC WIOA, Rent $1,000 Payments FY 24-25 12418750 -65400 OC WIOA OC WIOA, Indirect $3,120 Costs Total: $30,000 OC Reaional Eauitv and Recovery Partnership (RERP) Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account Description Account Description FY 24-25 12418752-61000 OC RERP OC RERP, Salaries $87 290 Regular OC RERP, Training, FY 24-25 12418752-62120 OC RERP Transportation, $5,000 Meeting FY 24-25 12418752-62500 OC RERP OC RERP, Rent $5,000 Payments OC RERP, FY 24-25 12418752-63001 OC RERP Miscellaneous $1,900 Operating Expenses FY 24-25 12418752-65400 OC RERP OC RERP, Indirect $10,810 Costs Total: $110,000 EXHIBIT(S) 1. Agreement - RERP Grant 2. Agreement - Regional Plan Implementation 5.0 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, City Manager City Council 23 — 3 12/17/2024 EXHIBIT 1 County of Orange OC Community Resources Contract MA-012-25010265 For Regional Workforce Training Services Between OC Community Resources And City of Santa Ana MA-012-25010265 Regional Workforce Training Services Page 1 of 54 City Council 23 — 4 12/17/2024 EXHIBIT 1 CONTRACT MA-012-25010265 BETWEEN County of Orange AND City of Santa Ana FOR Regional Workforce Training Services PROGRAM SERVICE FUNDING SOURCE STATE/FEDERAL OCCS/WEDD Regional Regional Equity and Recovery State Workforce Partnership (RERP) Grant Training Services THIS Contract MA-012-25010265 for Regional Workforce Training Services, ("Contract") is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California on behalf of OC Community Resources, Workforce & Economic Development Division ("County") and City of Santa Ana, D-U-N-S No. 083153247, a municipal corporation in the State of California, with a place of business at 20 Civic Center Plaza, Santa Ana, CA 92701-4058, ("Subrecipient"), with County and Subrecipient sometimes referred to as "Party", or collectively referred to as "Parties". ATTACHMENTS THIS Contract is comprised of this document and the following Attachments and Exhibits, which are attached hereto and incorporated by reference into this Contract: Attachment A — Scope of Services Attachment B — Payment and Compensation Attachment C — Budget Schedule Attachment D — Staffing Plan Exhibit 1 — Drug Free Workplace Certification Exhibit 2 — Debarment and Suspension Certificate Exhibit 3 — Certification Regarding Lobbying Exhibit 4 — Disclosure Form to Report Lobbying Exhibit 5 — OC Community Resources Contract Reimbursement Policy County of Orange OC Community Resources RECITALS MA-012-25010265 Regional Workforce Training Services Page 2 of 54 City Council 23 — 5 12/17/2024 EXHIBIT 1 WHEREAS, County and Subrecipient accepts the State of California Employment Development Department Workforce Services Directive dated February 13, 2020, Number WSD20-01; and WHEREAS, the California Workforce Development Board ("CWDB") allocated State General Funds to expand and implement the partnerships and service strategies designed in the Slingshot and Regional Plan Implementation through the Regional Equity and Recovery Partnership ("RERP") grant program; and, WHEREAS, the Orange Regional Planning Unit was allocated $1.3 million in funding to administer and provide services under the RERP; and, WHEREAS, County, acting as the Fiscal Agent of the grant, is empowered to make a portion of the funds available pursuant to the Act ("grant funds") to Subrecipient, for the purpose of implementing the provisions of the Act; and WHEREAS, Subrecipient and County are entering into this Contract for Regional Workforce Training Services under a firm fixed fee/cost reimbursement usage Contract; and, WHEREAS, County solicited Contract for Regional Workforce Training Services as set forth herein, and Subrecipient represented that it is qualified to provide Regional Workforce Training Services to the County as further set forth here; and, WHEREAS, Subrecipient agrees to provide Regional Workforce Training Services to the County as further set forth in the Scope of Services, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Subrecipient based on the schedule of fees set forth in Payment and Compensation, attached hereto as Attachment B; and, WHEREAS, Subrecipient agrees to manage allotted funding set forth in the Budget Schedule, attached hereto as Attachment C; and WHEREAS, Subrecipient agrees to meet the Staffing Plan requirements set forth in attached hereto as Attachment D; and WHEREAS, the County Board of Supervisors has authorized the Procurement Officer or designee to enter into a Contract for Regional Workforce Training Services with the Subrecipient to carry out certain program services and activities within Fiscal Year 2024-25; and, NOW, THEREFORE, the Parties mutually agree as follows: DEFINITIONS "Administrator" means the Executive Director, of Orange County Community Investment Division ("CID"), as subdivision within the Orange County Community Services ("OCCS") department, or designee thereof. "Agency" shall mean any County Agency requesting Services of Subrecipient. "Contract" shall mean the legal agreement executed between County and Subrecipient. Contract shall include all documents, terms, conditions, specifications, scope of work, and amendments. "Contract Administrator" means the designated Manager, a Deputy Purchasing Agent ("DPA") within the Contract Development and Management ("CDM") team, who shall administer the contractual County of Orange MA-012-25010265 Page 3 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 6 12/17/2024 EXHIBIT 1 responsibilities for this Contract and manage all contractual changes as necessary or reasonable to comply with County Policies. "County" shall mean the County of Orange, a political subdivision of the State of California "County Data" shall mean all County and County -related records and information available to the Subrecipient as a result of award of Contract. "County's Project Manager" means the designated Manager with the County Program Management team who shall administer and monitor the services within this Contract as is necessary or reasonable to comply with County policies. "Department" shall mean any County Department requesting Services of Subrecipient. "Director" means the County Director of the Orange County Community Resources ("OCCR") department. "DPA" shall mean the Deputy Purchasing Agent assigned to this Contract. "May" shall mean something that is not mandatory but permissible. "Service or Services" shall mean Subrecipient's duties, tasks and responsibilities to fulfill the requirements of this Contract, which are more specifically identified in Scope of Services. "Shall" and "Must" shall mean a mandatory requirement. Failure to meet a mandatory requirement may result in termination for cause under this Contract. "Should" shall mean something that is recommended but not mandatory. "Subcontractor" shall mean a third party not directly employed by the Subrecipient who may provide Services identified in this Contract. "Subrecipient" shall mean the individual, partnership, or corporation who is providing commodities or services under the terms and conditions set forth in this Contract. Subrecipient also includes its employees, Subcontractor(s), agents and affiliates who are providing commodities or services agreed to under this Contract. ARTICLES GENERAL TERMS AND CONDITIONS 1. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, 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 specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. County of Orange MA-012-25010265 Page 4 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 7 12/17/2024 EXHIBIT 1 2. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County's Purchasing Agent or designee. 3. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. 4. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Subrecipients shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor -Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to Subrecipient. 5. Delivery: Time of delivery of commodities and services is of the essence in this Contract. County reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed scope of work. Acceptance of any part of the order for commodities shall not bind County to accept future shipments nor deprive it of the right to return commodities already accepted at Subrecipient's expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by County. 6. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance. 7. Warranty Subrecipient expressly warrants that the commodities covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Subrecipient's part to indemnify, defend and hold County and its indemnities as identified in the Insurance and Indemnification section, and as more fully described in the Insurance and Indemnification section harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or County of Orange MA-012-25010265 Page 5 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 8 12/17/2024 EXHIBIT 1 sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. 8. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Subrecipient shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Subrecipient warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Subrecipient agrees that, in accordance with the more specific requirement contained in the Insurance and Indemnification section, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney's fees. 9. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Subrecipient without the express written consent of County. Any attempt by Subrecipient to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. 10. Non -Discrimination: In the performance of this Contract, Subrecipient agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Subrecipient acknowledges that a violation of this provision shall subject Subrecipient to penalties pursuant to Section 1741 of the California Labor Code. 11. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty, cost, expense or liability of any kind for cause ("Termination for Cause", as defined below), or (2) after 30 days' written notice without cause. Exercise by County of its right to terminate the Contract for cause or without cause shall relieve County of all further compensation, obligation, cost, expense or liability of any kind. 1. Termination for Cause: Termination for Cause shall mean the County's termination of the Contract in the event of: A. A violation of the law or failure to comply in a timely manner with any condition of this Contract; B. Inadequate program performance; C. Failure to comply with reporting requirements; County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 6 of 54 City Council 23 — 9 12/17/2024 EXHIBIT 1 D. Evidence that Subrecipient is in such an unsatisfactory financial condition, as determined by County, as to endanger performance of this Contract, including the loss of other funding sources; E. Delinquency in payment of taxes or the costs of performance of this Contract in the ordinary course of business;Appointment of a trustee, receiver or liquidator for all or a substantial part of Subrecipient's property, or institution of bankruptcy, reorganization, arrangement of liquidation proceedings by or against Subrecipient; F. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against Subrecipient's assets or income; G. Bankruptcy proceedings of Subrecipient; H. Finding of Subrecipient's debarment or suspension; I. Material change in Subrecipient's organizational structure; J. Any breach of the Contract by Subrecipient; and K. Any misrepresentation, or fraud on the part of the Subrecipient. 2. Cost to Cover. In the event of any termination of the Contract, County may proceed with the work for which this Contract provides in any manner deemed proper by County. The cost to County of completing the work for which this Contract provides shall be deducted from any sums due Subrecipient under this Contract but Subrecipient shall not be relieved of liability. Notwithstanding the above, Subrecipient shall not be relieved of liability to County for damages sustained by County by virtue of any breach of this Contract by Subrecipient, and County may withhold any payments to Subrecipient until such time as the exact amount of damages due County from Subrecipient is determined. 3. Return of funds. Subrecipient agrees that upon expiration or notice of termination of this Contract or dissolution of Subrecipient's entity, Subrecipient shall, immediately upon written demand, return to County all funds paid to Subrecipient by County, which are not payable for goods or services delivered prior to the termination or expiration of this Contract or the dissolution of Subrecipient's entity. Nothing in this Article "Termination" shall preclude the County from exercising its termination rights as set forth in Article "Contingency of Funds" or under any other provision in the Contract. 12. Consent to Breach Not Waiver No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 13. Independent Subrecipient: Subrecipient shall be considered an independent Subrecipient and neither Subrecipient , its employees, nor anyone working under Subrecipient shall be considered an agent or an employee of County. Neither Subrecipient, its employees nor anyone working under Subrecipient shall qualify for workers' compensation or other fringe benefits of any kind through County. County of Orange MA-012-25010265 Page 7 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 10 12/17/2024 EXHIBIT 1 14. Performance Warranty: Subrecipient shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County's satisfaction. Subrecipient shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other commodities/services furnished by Subrecipient under this Contract. Subrecipient shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Subrecipient shall be fully responsible for all work performed by subcontractors. 15. Changes: Subrecipient shall make no changes in the work or perform any additional work without County's specific written approval. 16. Change of Ownership/Name, Litigation Status, Conflicts with County Interests: Subrecipient agrees that if there is a change or transfer in ownership of Subrecipient's business prior to completion of this Contract, and County agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Subrecipient's duties and obligations contained in this Contract and complete them to the satisfaction of County. County reserves the right to immediately terminate Contract in the event County determines that the assignee is not qualified or is otherwise unacceptable to County for the provision of services under Contract. In addition, Subrecipient has the duty to notify County in writing of any change in Subrecipient's status with respect to name changes that do not require an assignment of Contract. Subrecipient is also obligated to notify County in writing if Subrecipient becomes a party to any litigation against County, or a party to litigation that may reasonably affect Subrecipient's performance under Contract, as well as any potential conflicts of interest between Subrecipient and County that may arise prior to or during the period of Contract performance. While Subrecipient will be required to provide this information without prompting from County any time there is a change in Subrecipient's name, conflict of interest or litigation status, Subrecipient must also provide an update to County of its status in these areas whenever requested by County. Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to Subrecipient, this obligation shall apply to Subrecipient's employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Subrecipient's efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their duties. 17. Force Majeure: Subrecipient shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil County of Orange MA-012-25010265 Page 8 of 54 OC Community Resources Regional Workforce Training Services City Council 23 —11 12/17/2024 EXHIBIT 1 disorder, employment strike or other cause beyond its reasonable control, provided Subrecipient gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Subrecipient avails himself of any available remedies. 18. Confidentiality: Subrecipient agrees to maintain the confidentiality of all County and County -related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Subrecipient and Subrecipient's staff, agents and employees. 19. Compliance with Laws: Subrecipient represents and warrants that services to be provided under this Contract shall fully comply, at Subrecipient's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Subrecipient acknowledges that County is relying on Subrecipient to ensure such compliance, and pursuant to the requirements of the Insurance and Indemnification section, Subrecipient agrees that it shall defend, indemnify and hold County and County Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. 20. Freight: Prior to County's express acceptance of delivery of products. Subrecipient assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract. 21. Severability: If any term, covenant, condition or provision of this Contract 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. 22. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney's fees, costs and expenses. 23. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against County of Orange MA-012-25010265 Page 9 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 12 12/17/2024 EXHIBIT 1 the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract. 24. Employee Eligibility Verification: Subrecipient warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Subrecipient shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Subrecipient shall retain all such documentation for all covered employees for the period prescribed by the law. Subrecipient shall indemnify, defend with counsel approved in writing by County, and hold harmless, County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Subrecipient or County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. 25. Audits/Inspections: Subrecipient agrees to permit County's Auditor -Controller or the Auditor -Controller's authorized representative (including auditors from a private auditing firm hired by County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Subrecipient for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. County will provide reasonable notice of such an audit or inspection. County reserves the right to audit and verify Subrecipient's records before final payment is made. Subrecipient agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Subrecipient agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Subrecipient agrees to include a similar right to County to audit records and interview staff of any subcontractor related to performance of this Contract. Should Subrecipient cease to exist as a legal entity, Subrecipient's records pertaining to this Contract shall be forwarded to County's project manager. 26. Contingency of Funds: Subrecipient acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty. County of Orange MA-012-25010265 Page 10 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 13 12/17/2024 EXHIBIT 1 27. Expenditure Limit: Subrecipient shall notify County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 11 of 54 City Council 23 — 14 12/17/2024 EXHIBIT 1 INDEMNIFICATION AND INSURANCE PROVISIONS 1. Indemnification Subrecipient agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Indemnitees") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Subrecipient pursuant to this Contract. If judgment is entered against Subrecipient and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Subrecipient and County agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. Notwithstanding anything stated above, nothing contained herein shall relieve Subrecipient of any insurance requirements of obligations created elsewhere in this Contract. 2. General Insurance Requirements Prior to the provision of services under this Contract, the Subrecipient agrees to carry all required insurance at Subrecipient's expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Subrecipientagrees to keep such insurance coverage current, provide Certificates of Insurance, and endorsements to the County during the entire term of this Contract. Subrecipient shall ensure that all subcontractors performing work on behalf of Subrecipient pursuant to this Contract shall be covered under Subrecipient's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Subrecipient. Subrecipient shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Subrecipient under this Contract. It is the obligation of Subrecipient to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Subrecipient through the entirety of this Contract for inspection by County representative(s) at any reasonable time. All self -insured retentions (SIR)'s shall be clearly stated on the Certificate of Insurance. Any SIR in excess of Fifty Thousand Dollars $50,000 shall specifically be approved by the County's Risk Manager, or designee. The County reserves the right to require current audited financial reports from Subrecipient. If Subrecipient is self -insured, Subrecipient will indemnify the County for any and all claims resulting or arising from Subrecipient's services in accordance with the indemnity provision stated in this contract. If the Subrecipient fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). County of Orange MA-012-25010265 Page 12 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 15 12/17/2024 EXHIBIT 1 If the insurance carrier does not have an A.M. Best Rating of A-NIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Subrecipient shall provide the minimum limits and coverage as set forth below. Increased insurance limits may be satisfied with Excess/Umbrella policies. Excess/Umbrella policies when required must provide Follow Form coverage. All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment. Subrecipient shall provide thirty (30) days prior written notice to the County of any policy cancellation or non -renewal and ten (10) days prior written notice where cancellation is due to non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the Subrecipient fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor. County expressly retains the right to require Subrecipient to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Subrecipient in writing of changes in the insurance requirements. If Subrecipient does not provide acceptable Certificates of Insurance and endorsements to County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Subrecipient, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Subrecipient's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer. 3. Commercial General Liability Minimum limits and coverage $1,000,000 per occurrence; $2,000,000 aggregate Required Coverage Forms The Commercial General Liability coverage shall be written on occurrence basis utilizing Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. Required Endorsements County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 13 of 54 City Council 23 — 16 12/17/2024 EXHIBIT 1 The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: A. An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad naming the County of Orange its elected and appointed officials, officers, employees, and agents as Additional Insureds, or provide blanket coverage, which will state As Required by Written Contract. B. A primary non-contributory endorsement using ISO form CG 20 0104 13, or a form at least as broad evidencing that the Subrecipient's insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and non-contributing. The Commercial General Liability policy shall contain a severability of interests clause also known as a "separation of insureds" clause (standard in the ISO CG 0001 policy). 4. Automobile Liability including coverage for owned, non -owned and hired vehicles Minimum limits and coverage $1,000,000 combined Single Limit Required Coverage Forms The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. 5. Workers Compensation Minimum limits and coverage Statutory Required Endorsements The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents, and employees or provide blanket coverage, which will state As Required by Written Contract. 6. Employers Liability Insurance Minimum limits and coverage $1,000,000 per accident or disease County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 14 of 54 City Council 23 — 17 12/17/2024 EXHIBIT 1 ADDITIONAL TERMS AND CONDITIONS 1. Scope of Contract: This Contract specifies contractual terms and conditions by which County will procure Regional Workforce Training Services Items from Subrecipient as further detailed in the Scope of Services, identified and incorporated herein by this reference as "Attachment A". 2. Term of Contract: This Contract shall commence upon execution of all necessary signatures and continue through December 31, 2025, unless otherwise terminated by County. 3. Adjustments — Scope of Services: No adjustments made to the Scope of Services will be authorized without prior written approval of County assigned Deputy Purchasing Agent. 4. Bills and Liens: Subrecipient shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Subrecipient shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Subrecipient shall promptly procure its release and, in accordance with the requirements of Article "Indemnification" above, indemnify, defend, and hold County harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto. 5. Breach of Contract: The failure of Subrecipient to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a. Terminate Contract immediately, pursuant to the General Terms and Conditions section, "Termination" Article herein; b. Afford Subrecipient written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c. Discontinue payment to the Contactor for and during the period in which Subrecipient is in breach; and d. Offset against any monies billed by Subrecipient but yet unpaid by County those monies disallowed pursuant to the above. 6. Civil Rights: Subrecipient attests that services provided shall be in accordance with Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all individuals in the United States on the basis of either citizenship status or participation in any financially assisted program or activity; the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, which County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 15 of 54 City Council 23 — 18 12/17/2024 EXHIBIT 1 prohibits discrimination on the bases of race, color and national origin; Section 504 of the Rehabilitation Act of 1973, as amended; which prohibits discrimination against qualified individuals with disabilities; the Age Discrimination Act of 1975 as amended; which prohibits discrimination on the basis of age; Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs; Title 11 of the Americans with Disabilities Act of 1990, and other applicable State and Federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. The Subrecipient also assures that, as a Subrecipient of financial assistance, it will comply with 29 CFR part 38 and all other regulations implementing the laws listed above. This assurance applies to the Subrecipient's operation of the financially assisted program or activity, and to all agreements the Subrecipient makes to carry out the financially assisted program or activity. The Subrecipient understands that the United States has the right to seek judicial enforcement of this assurance. 7. Conflict of Interest — Subrecipient's Personnel: Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of County. This obligation shall apply to Subrecipient; Subrecipient's employees, agents, and subcontractors associated with accomplishing work and services hereunder. Subrecipient's efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of County. 8. Conflict of Interest — County Personnel: County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. Subrecipient shall not, during the period of this Contract, employ any County employee for any purpose. 9. Subrecipient's Project Manager and Key Personnel: Subrecipient shall appoint a Project Manager to direct Subrecipient's efforts in fulfilling Subrecipient's obligations under this Contract. This Project Manager shall be subject to approval by County and shall not be changed without the written consent of County's Project Manager, which consent shall not be unreasonably withheld. Subrecipient's Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project time lines. County's Project Manager shall have the right to require the removal and replacement of Subrecipient's Project Manager from providing services to County under this Contract. County's Project manager shall notify Subrecipient in writing of such action. Subrecipient shall accomplish the removal within five (5) business days after written notice by County's Project Manager. County's Project Manager shall review and approve the appointment of the replacement for Subrecipient's Project Manager. County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient's Project Manager from providing further services under Contract. County of Orange MA-012-25010265 Page 16 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 19 12/17/2024 EXHIBIT 1 10. Subrecipient Personnel — Reference Checks: Subrecipient warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Subrecipient's employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract. 11. Subrecipient's Expense:, The Subrecipient will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center. 12. Subrecipient's Records: Subrecipient shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Subrecipient in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three (3) years after final payment is received from County. Storage of records in another county will require written approval from County of Orange assigned Deputy Purchasing Agent. 13. Conditions Affecting Work:, Subrecipient shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Subrecipient to do so will not relieve Subrecipient from responsibility for successfully performing the work without additional cost to County. County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by County are expressly stated in Contract. 14. Data — Title To: All materials, documents, data or information obtained from County data files or any County medium furnished to Subrecipient in the performance of this Contract will at all times remain the property of County. Such data or information may not be used or copied for direct or indirect use by Subrecipient after completion or termination of this Contract without the express written consent of County. All materials, documents, data or information, including copies, must be returned to County at the end of this Contract. 15. Default — Re -Procurement Costs: In case of Contract breach by Subrecipient, resulting in termination by County, County may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Subrecipient will be responsible for paying County the difference between Contract cost and the price paid, and County may deduct this cost from any unpaid balance due Subrecipient. The price paid by County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law. County of Orange MA-012-25010265 Page 17 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 20 12/17/2024 EXHIBIT 1 16. Disputes — Contract: The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Subrecipient's Project Manager and the County`s Project Manager, as specified in Article titled "Notices" below, such matter shall be brought to the attention of the County DPA by way of the following process: A. The Subrecipient shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision. B. The Subrecipient's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Subrecipient shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Subrecipient believes County is liable. Pending the final resolution of any dispute arising under, related to, or involving this Contract, Subrecipient agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Subrecipient's failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by County Deputy Purchasing Agent or his designee. If County fails to render a decision within 90 days after receipt of Subrecipient's demand, it shall be deemed a final decision adverse to Subrecipient's contentions. Nothing in this section shall be construed as affecting County's right to terminate Contract for cause or termination for convenience as stated in Article "Termination" herein. 17. Drug -Free Workplace:, Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Subrecipient will: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1). B. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: 1. The dangers of drug abuse in the workplace; 2. The organization's policy of maintaining a drug -free workplace 3. Any available counseling, rehabilitation and employee assistance programs; and 4. Penalties that may be imposed upon employees for drug abuse violations. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 18 of 54 City Council 23 — 21 12/17/2024 EXHIBIT 1 C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract: 1. Will receive a copy of the company's drug -free policy statement; and 2. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract. D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Subrecipient may be ineligible for award of any future County contracts if County determines that any of the following has occurred: 1. Subrecipient has made false certification, or 2. Subrecipient violates the certification by failing to carry out the requirements as noted above. 18. Emergency/Declared Disaster Requirements: In the event of an emergency or if Orange County is declared a disaster area by County, state or federal government, Contract may be subjected to unusual usage. Subrecipient shall service County during such an emergency or declared disaster under the same terms and conditions that apply during non- emergency/disaster conditions. The pricing quoted by Subrecipient shall apply to serving County's needs regardless of the circumstances. If Subrecipient is unable to supply the goods/services under the terms of Contract, then Subrecipient shall provide proof of such disruption and a copy of the invoice for the goods/services from Subrecipient's supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Subrecipient shall show both the emergency purchase order number and Contract number. 19. Error and Omissions: All reports, files and other documents prepared and submitted by Subrecipient shall be complete and shall be carefully checked by the professional(s) identified by Subrecipient as Project Manager and key personnel attached hereto, prior to submission to the County. Subrecipient agrees that County review is discretionary, and Subrecipient shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Subrecipient's reports, files and other written documents, the reports, files or documents will be returned to Subrecipient for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Subrecipient after County approval thereof, County approval of Subrecipient's reports, files or documents shall not be used as a defense by Subrecipient in any action between the County and Subrecipient, and the reports, files or documents will be returned to Subrecipient for correction. 20. Equal Employment Opportunity: Subrecipient shall comply with U.S. Executive Order 11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, County of Orange MA-012-25010265 Page 19 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 22 12/17/2024 EXHIBIT 1 color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition. Regarding handicapped persons, Subrecipient will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Subrecipient agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Subrecipient agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future. Regarding Americans with disabilities, Subrecipient agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future. 21. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and articles, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof. 22. News/Information Release: Subrecipient agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from County through County's Project Manager. 23. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned DPA, except through the course of the Parties' Project Managers' routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in -person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid. Subrecipient: City of Santa Ana Attn: Deborah Sanchez County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 20 of 54 City Council 23 — 23 12/17/2024 EXHIBIT 1 Address: 20 Civic Center Plaza, Santa Ana, CA 92701-4058 Phone: 714-565-2621 Email: DSanchez@santa-ana.org County's Project Manager: OC Community Resources Attn: I Francis Barton Address: 111300 South Grant Avenue Building B Santa Ana, CA 92705 Phone: 1714-480-6475 Email: I Francis.Barton@occr.ocgov.com cc: OC Community Resources/Procurement Services Attn: Chad Ward, County DPA Address: 601 North Ross Street Santa Ana, CA 92701 Phone: (949) 585-6420 Email: chad.ward@occr.ocgov.com 24. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 21 of 54 City Council 23 — 24 12/17/2024 EXHIBIT 1 25. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by Subrecipient without the express written consent of County. Any attempt by Subrecipient to subcontract any performance of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. In the event that the Subrecipient is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Subrecipient and subcontractor, and shall incorporate by reference the terms of this Contract. The County shall look to the Subrecipient for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange. 26. Termination — Orderly: After receipt of a termination notice from County of Orange, Subrecipient may submit to County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by County upon written request of Subrecipient. Upon termination County agrees to pay Subrecipient for all services performed prior to termination which meet the requirements of Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of Contract. 27. Usage: No guarantee is given by County to Subrecipient regarding usage of this Contract. Usage figures, if provided, are approximations. Subrecipient agrees to supply services and/or commodities requested, as needed by County of Orange, at rates/prices listed in Contract, regardless of quantity requested. 28. Usage Reports: Subrecipient shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable. 29. Project Manager, County: The County shall appoint a Project Manager to act as liaison between the County and the Subrecipient during the term of this Contract. The County's Project Manager shall coordinate the activities of the County staff assigned to work with the Subrecipient. The County's Project Manager shall have the right to require the removal and replacement of the Subrecipient's Project Manager and key personnel. The County's Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient shall accomplish the removal within three (3) business days after written notice from the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Subrecipient's Project Manager and key County of Orange MA-012-25010265 Page 22 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 25 12/17/2024 EXHIBIT 1 personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient's Project Manager from providing further services under the Contract. 30. Permits and Licenses: Subrecipient shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by County in its governmental capacity shall affect or limit Subrecipient's obligations hereunder, nor shall any approvals or consents given by County as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations. 31. Inventory• County has an ongoing requirement for the commodities indicated in this Contract. Subrecipient shall maintain a reasonable stock on hand of all commodities for delivery upon request. 32. Order Dates: Orders may be placed during the term of Contract even if delivery may not be made until after the term of Contract. Order dates take precedence over delivery dates. Contract must clearly identify the order date on all invoices to County. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 23 of 54 City Council 23 — 26 12/17/2024 EXHIBIT 1 33. Ownership of Documents: The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Subrecipient. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Subrecipient without the express written consent of the County. 34. 'Satisfactory Work: Services rendered hereunder are to be performed to the written satisfaction of County. County's staff will interpret all reports and determine the quality, acceptability and progress of the services rendered. 35. Access and Records: A. Access. County, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Subrecipient's activities, books, documents and papers (including computer records and emails) and to records of Subrecipient's Subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Subrecipient shall insert this condition in each Contract between Subrecipient and a Subcontractor that is approved pursuant to this Contract and shall require the Subcontractor to agree to this condition. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Subrecipient are kept. Subrecipient shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by Administrator which shall be deemed received upon date of sending. In the event Subrecipient does not make the above referenced documents available within the County of Orange, California, Subrecipient agrees to pay all necessary and reasonable expenses incurred by County, or County's designee, in conducting any audit at the location where said records and books of account are maintained. B. Records Retention. All accounting records and evidence pertaining to all costs of Subrecipient and all documents related to this Contract shall be kept available at Subrecipient's office or place of business for the duration of this Contract and thereafter for four (4) years after completion of an audit. Records which relate to: (1) complaints, claims, administrative proceedings or litigation arising out of the performance of this Contract; or (2) costs and expenses of this Contract to which County or any other governmental department takes exception, shall be retained beyond the four (4) years until final resolution or disposition of such appeals, litigation, claims, or exceptions. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 24 of 54 City Council 23 — 27 12/17/2024 EXHIBIT 1 C. Liability. Subrecipient shall pay to County the full amount of County's liability to the State or Federal government or any department thereof resulting from any disallowance or other audit exceptions to the extent that such liability is attributable to Subrecipient's failure to perform under this Contract. 36. Signature in Counterparts: The Parties agree that separate copies of this Contract and/or electronic signatures and handwritten signatures may be signed by each of the Parties, and this Contract will have the same force and effect as if the Original had been signed by all the Parties. 37. Licenses: At its own expense, Subrecipient and its Subcontractors, if any, shall, at all time during the term of this Contract, maintain in full force and effect such licenses or permits as may be required by the State of California or any other government entity. Subrecipient and his/her/its Subcontractors, if any, shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as subsequently enacted or modified, as promulgated by any local, State, or Federal governmental entity 38. Reports/Meetings:, The Subrecipient shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in Attachment A. The County's Project Manager and the Subrecipient's Project Manager will meet on reasonable notice to discuss the Subrecipient's performance and progress under this contract. If requested, the Subrecipient's Project Manager and other project personnel shall attend all meetings. The Subrecipient shall provide such information that is requested by the County for the purpose of monitoring progress under this contract. 39. Gratuities: The Subrecipient warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Subrecipient or any agent or representative of the Subrecipient to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Subrecipient agreed to supply shall be borne and paid for by the Subrecipient. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract. 40. County Branding Requirements: Publicity, Literature, Advertisement and Social Media A. County owns all rights to the name, logos, and symbols of County. The use and/or reproduction of County's name, logos, or symbols for any purpose, including commercial advertisement, County of Orange MA-012-25010265 Page 25 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 28 12/17/2024 EXHIBIT 1 promotional purposes, announcements, displays, or press releases, without County's prior written consent is expressly prohibited. B. Subrecipient may develop and publish information related to this Contract where all of the following conditions are satisfied: 1. Subrecipient's Project Manager must provide its written approval of the content and publication of the information at least 5 days prior to Subrecipient publishing the information, unless a different timeframe for approval is agreed upon by the Project Manager; 2. Unless directed otherwise by the County's Project Manager, the information will include a statement that the program, wholly or in part, is funded through County, State and Federal government funds from the WIOA Program;The information does not give the appearance that the County, its officers, employees, or agencies endorse: a. any commercial product or service; and, b. any product or service provided by Subrecipient, unless approved in writing by the Subrecipient's Project Manager; and, If Subrecipient uses social media (such as Facebook, Twitter, YouTube or other publicly available social media sites) to publish information related to this Contract, Subrecipient shall develop social media policies and procedures and have them available to the County's Project Manager. Subrecipient shall comply with County Social Media Use Policy and Procedures as they pertain to any social media developed in support of the services described within this Contract. The policy is available on the Internet at httv://www.ocgov.com/gov/ceo/cio/govvolicies. 41. Maximum Obligation: The total Maximum Obligation of County to the Subrecipient for the cost of services provided in accordance with this Contract is $110,000, as further detailed in the "Budget Schedule" Attachment. 42. Service Contract — Follow -On Work: No person, firm, subsidiary or Subcontractor of a firm that has been awarded a consulting services contract or a contract which includes a consulting component may be awarded a Contract for the performance of services, the purchase of goods or supplies, or the provision of any other related action which arises from or can reasonably be deemed an end -product of work performed under the initial consulting to consulting -related Contract. 43. Subrecipient Bankruptcy/Insolvency:. If the Subrecipient should be adjudged bankrupt or should have a general assignment for the benefit of its creditors or if a receiver should be appointed on account of the Subrecipient's insolvency, the County may terminate this Contract. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 26 of 54 City Council 23 — 29 12/17/2024 EXHIBIT 1 OCWEDD TERMS AND CONDITIONS 1. Debarment Subrecipient shall execute and abide by the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto and incorporated herein by this reference, and by so doing declares that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 C.F.R. Part 98. 2. Lobbying Certification A. Subrecipient shall execute and abide by the terms of the "Certification Regarding Lobbying," which is incorporated herein by this reference. Subrecipient shall complete and immediately forward to the County's Project Manager the Disclosure of Lobbying Activities, a copy of which is attached hereto and incorporated herein by this reference, if Subrecipient, or any person, firm or corporation acting on Subrecipient's behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Contract or funds to be received by Subrecipient pursuant to this Contract. B. Subrecipient agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law. C. Subrecipient shall be in compliance with the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352 and 29 CFR Part 93). 3. Fraud Subrecipient shall immediately report to the County's Project Manager, in writing, all suspected, alleged, or known instances and facts concerning possible fraud, abuse or criminal activity by either Subrecipient or its Subcontractor(s) under this Contract. Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. The County's Anti -Fraud Program can be accessed h"s://www.ocgov.com/how-do-i/report/fraud-waste-abuse. Subrecipient shall maintain records, documents, or other evidence of fraud and abuse until otherwise notified by County. 4. Fiscal Appropriations This Contract is subject to and contingent upon available local, state, and/or federal funds and applicable budgetary appropriations being approved by the County of Orange Board of Supervisors for each fiscal year during the term of this Contract. If such appropriations are not approved, the Contract will be terminated, without penalty to the County. 5. Fiscal Accountability A. Subrecipient shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient's system shall provide fiscal control and accounting procedures that will include the following: County of Orange MA-012-25010265 Page 27 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 30 12/17/2024 EXHIBIT 1 1. Information pertaining to sub -grant and Contract awards, obligations, unobligated balances, assets, expenditures, and income; 2. Effective internal controls to safeguard assets and assure their proper use; 3. A comparison of actual expenditures with budgeted amounts for each sub grant and Contract; 4. Source documentation to support accounting records; and 5. Proper charging of costs and cost allocation. B. Subrecipient's Records. Subrecipient's records shall be sufficient to: 1. Permit preparation of required reports; 2. Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds; 3. Permit the tracking of program income earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for funding limitation; and 4. Permit tracking and reporting of leveraging as required by S13734. C. Costs Charged. Cost shall be charged to this Contract only in accordance with the following: a. The WIOA; b. 20 CFR Part 683; c. State implementing legislation; and d. Requirements of Other Funding Sources 6. Indirect Costs The County of Orange reserves the right to cap administrative cost at 10%. 7. Dissolution of Entity Subrecipient shall notify County immediately of any intention to discontinue its existence or bring an action for dissolution. 8. Performance Standards Subrecipient shall cooperate with the County with regards to the performance of this Contract. 9. Payments Subrecipient agrees that any and all funds received under this Contract annually for each respective fiscal year shall be disbursed on or before October 31, and that any and all funds remaining as of October 31 annually, which have not been disbursed shall be returned by Subrecipient to County within thirty (30) days of the expiration or earlier termination of the Contract in accordance with the Termination paragraph of this Contract. No expense of Subrecipient will be reimbursed by County if incurred after October 31 of each fiscal year. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 28 of 54 City Council 23 — 31 12/17/2024 EXHIBIT 1 Upon the effective date of this Contract, County shall make payment to Subrecipient in accordance with the following payment schedule: A. Monthly Payments: Beginning the first of the month following the contract effective date, upon receipt and approval by OC Community Resources — OC Community Services of Subrecipient's invoice showing prior month(s) actual expenditures, County shall make monthly reimbursement payments based on Subrecipient's invoice so long as the total payments under this Contract do not exceed the Contract Maximum Obligation. B. County Discretion: At the sole discretion of County, payments to Subrecipient may be made more frequently than monthly, but such payments shall always be in arrears and not in advance of the provision of services by Subrecipient. C. Invoices: Subrecipient shall provide monthly invoices by the 1 Oth day following the month being reported. If the loth falls on a weekend or holiday, the invoice/data report is due the next business day. Invoices shall show the most up to date costs chargeable to the program(s) referenced in this Contract and in accordance with the OC Community Resources Contract Reimbursement Policy for documenting Subrecipient costs, incorporated herein by this reference. Failure to provide any of the required documentation will cause County to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Subrecipient, until such documentation has been received and approved by the County. All costs included on invoices must be eligible for reimbursement and allowable costs under WIOA and all applicable laws, regulations, and requirements set forth in the Compliance with Law — Contract Paragraph of this Contract. If Subrecipient expenditures for any program referenced in this Contract fall below 20% of planned expenditures for any cumulative period commencing from the beginning of the term of this Contract, Subrecipient may be subject to a reduction in funding. No payments will be authorized if any preceding month's reports or invoices have not been received. Refer to Payment/Compensation Attachment of this Contract for additional information. 10. Budget Schedule Subrecipient agrees that the expenditures of any and all funds under this Contract will be in accordance with the Budget Schedule Attachment, which by this reference is incorporated herein and made a part hereof as if fully set forth. Subrecipient shall ensure all costs incurred under the Contract, and its performance hereunder, shall comply with all applicable laws, regulations, and requirements set forth in Compliance with Law — Contract paragraph of this Contract. 11. Modification of Budget Schedule Upon written approval from the Administrator the Contract Administrator shall have the authority to transfer allocated program funds from one category of the overall program Budget Schedule to any other category of the overall Budget Schedule pursuant to a written request submitted by Subrecipient. No such County of Orange MA-012-25010265 Page 29 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 32 12/17/2024 EXHIBIT 1 transfer may be made without the express prior written approval of County. Subrecipients will be limited to three (3) adjustments per year. Each modification shall be submitted to the County's Project Manager using the Budget Modification forms provided by the Contract Administrator, no later than ten (10) days after the end of the first three quarters of the fiscal year as necessary. The County has the right but not the obligation to make changes to the Budget Schedule at any time. County initiated adjustments will not count towards the three allowed modifications each year. 12. Annual Audit Subrecipient shall arrange for an independent audit to be performed by a Certified Public Accountant, for funds received from County, in accordance with Audit Requirements detailed in the Scope of Services. 13. Non -Discrimination and Compliance Provisions A. State laws. i. Subrecipient shall, unless exempted, ensure compliance with the requirements of Cal. Gov. Code § 11135 et seq., and 2 CCR § 11140 et seq., which prohibit recipients of state financial assistance from discriminating against persons based on race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability. ii. Subrecipient's signature affixed hereon shall constitute a certification, under penalty of perjury under the laws of the State of California, that Subrecipient has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12900 (a-f) and Title 2, California Code of Regulations, Section 8103. iii. Subrecipient shall include the nondiscrimination and compliance provisions of this Non - Discrimination and Compliance Provisions paragraph "A" in all sub -contracts to perform work under this Contract. B. Title VI of Civil Rights Act. Subrecipient hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 [42 USC 2000d; 45 CFR 80](P.L. 88-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which funds are made available under this Contract. Subrecipient hereby gives assurance that it will immediately take any measures necessary to effectuate this Contract. C. Title VII of Civil Rights Act. Subrecipient shall comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000), as amended by the Equal Opportunity Act of March 24, 1972 (Public Law No. 92 261), and with all applicable rules, regulations and orders promulgated pursuant thereto, as now in existence or as hereafter amended. D. Disability discrimination. Subrecipient shall comply with Sections 503 and 504 of the Rehabilitation County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 30 of 54 City Council 23 — 33 12/17/2024 EXHIBIT 1 Act of 1973, as amended (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and all requirements imposed by the applicable regulations and guidelines issued pursuant to those statutes, including 45 CFR, Part 84. E. Addition and future laws. Other current and future federal and state laws prohibiting discrimination on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation. F. Failure to comply. If Subrecipient fails to comply with the requirements of any Sub -Paragraphs of this Non -Discrimination and Compliance Provisions paragraph, Administrator may withhold payment to Subrecipient and/or terminate this Contract in accordance with the Termination paragraph. 14. Publication No copies of sketches, schedules, written documents, computer based data, photographs, maps or graphs, including graphic art work, resulting from performance or prepared in connection with this Contract, are to be released by Subrecipient and/or anyone acting under the supervision of Subrecipient to any person, partnership, company, corporation, or department, without prior written approval by the County, except as necessary for the performance of the services of this Contract. All press releases, including graphic display information to be published in newspapers, magazines, or other media of any kind, are to be administered only by the County unless otherwise agreed to by both Parties. Nothing herein shall limit Subrecipient's ability to comply with the CPRA, etc., in compliance with the requirements set forth in Confidentiality paragraph of this Contract. 15. Drug Free Workplace Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Subrecipient will: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1). B. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: i. The dangers of drug abuse in the workplace; ii. The organization's policy of maintaining a drug -free workplace; iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract: County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 31 of 54 City Council 23 — 34 12/17/2024 EXHIBIT 1 i. Will receive a copy of the company's drug -free policy statement; and ii. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract. D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Subrecipient may be ineligible for award of any future County contracts if County determines that any of the following has occurred: i. Subrecipient has made false certification, or ii. Subrecipient violates the certification by failing to carry out the requirements as noted above. Subrecipient shall execute and abide by the Certification for a Drug -Free Workplace attached hereto and incorporated herein by this reference. 16. D-U-N-S Number and Related Information D-U-N-S Number is a unique, 9-digit identifier issued and maintained by the Dun & Bradstreet (D&B) that verifies the existence of a business entity. The D-U-N-S number is needed to coordinate with the System for Award Management (SAM) that combines Federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. https://www.SAM.Pov The D-U-N-S Number must be provided to County at the County's request and prior to the execution of this Contract. Subrecipient shall ensure all D-U-N-S information is up to date and the D-U-N-S number status is "active," with no active exclusions prior to execution of this Contract. If County cannot access the Subrecipient's D-U-N-S information related to this Federal subaward on the Federal Funding Accountability and Transparency Act subaward Reporting system (SAM.GOV) due to errors in the Subrecipient's data entry for its D-U-N-S number, the Subrecipient must immediately update the information as required. The County reserves the right to verify and validate any information prior to contract award and during the entire term of the Contract. 17. Program Income County's Maximum Obligation herein shall be reduced by the amount of any program income earned by Subrecipient, from sources other than County, as a result of this Contract or the services provided by Subrecipient pursuant to this Contract. It shall be the responsibility of Subrecipient to inform the County in writing of any income earned as a result of this Contract. It is mutually understood that the State or Federal agency responsible for providing the funding for this Contract may designate certain revenue of Subrecipient as Program Income. To be designated as Program Income and therefore, as other than a cost off -set. Subrecipient shall do all of the following: County of Orange MA-012-25010265 Page 32 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 35 12/17/2024 EXHIBIT 1 A. Submit a plan to the County for use of any and all proposed Program Income; and B. Set-up and maintain a separate bank account for any proposed Program Income and account for any and all such income received. C. Report to County any and all Program Income received no later than thirty (30) days from the date of receipt; record the amount received on Internal financial records; and indicate the amount received on the monthly claim submitted to County. County shall then forward the plan for the requested use of the proposed Program Income to the appropriate State and/or Federal agencies for approval. Subrecipient shall not spend any of the proposed Program Income unless or until such time as County obtains authorization for the use of the Program Income from the responsible State and/or Federal agency and provides Subrecipient with prior written approval for the use of the funds. County may, in its sole discretion, issue future policy statements and/or instructions with respect to Program Income. Subrecipient shall immediately comply with such policy statements and/or instructions. 18. Modification of Program Components and Service Levels The Parties hereto agree that those program components and service levels detailed in various Attachments of this Contract (i.e. Scope of Service, etc.) may be modified upon mutual written agreement of the Administrator and Subrecipient so long as the total payments under this Contract are not increased and the basic goals and objectives of the program are not altered. Should the Federal Government and/or the State of California modify any program component and/or service level detailed in the various Attachments then the County shall have the right to unilaterally modify this Contract to meet such requirements. A. County may at any time, unilaterally, by written notification to Subrecipient, make changes within the general scope of this Contract, including, in the definition of services and tasks to be performed, the manner in which services are performed, the time and place of performance thereof and additional related provisions. Changes may be made when necessitated by changes in the WIOA Youth Program Services - TBD operations or performance, the operations or performance of Subrecipient, or changes in applicable statutes, regulations or State of California or Federal mandates or directives, or for other reasons. The Subrecipient shall review the County's written notification, resolve any questions regarding the change, and indicate its understanding of the additional expectation within three (3) business days after receipt of notification. Subrecipient shall perform all such changes promptly but in no event later than ten (10) business days after receiving County's notification unless otherwise directed by the County. Such changes will be memorialized into the Contract through a Contract amendment, as soon as practicable, but shall be effective upon the County's issuance of the notification. B. Subrecipient and County shall make a good faith effort to reach agreement with respect to changes to the scope, which affect the price of services under the Contract. Subrecipient's protest or failure to agree to the amount of any adjustment to be made as a result of the anticipated amendment shall be a dispute for which an appeal may be made pursuant to this Contract. Notwithstanding the foregoing, the price of County of Orange MA-012-25010265 Page 33 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 36 12/17/2024 EXHIBIT 1 services under this Contract shall not be increased except by written amendment of this Contract indicating the new services and price of this Contract if applicable. Until the Parties reach agreement, Subrecipient shall not be obligated to assume increased performance under the anticipated amendment beyond the limitation of funds established within this Contract. C. Subrecipient may request changes in the scope of performance or services under this Contract, by submitting a written request to the County's Project Manager describing the request and its impact on the Scope of Services and Budget Schedule. The County's Project Manager will review the request and respond in writing within ten (10) business days. The County's Project Manager's decision whether to approve the request or request Board of Supervisors' approval shall be final. The Contract Administrator may approve a request that meets all of the following criteria: i. It does not materially change the terms of this Contract, and ii. It is supported by adequate consideration to County. Board of Supervisors' action is necessary to approve a request from Subrecipient that does not satisfy all of the criteria listed above. 19. Intellectual Property A. Federal Funding: In any Contract funded in whole or in part by the Federal government, County may acquire and maintain the Intellectual Property rights, title, and ownership, which result directly or indirectly from the Contract, except as provided in 37 Code of Federal Regulations Part 401.14. Subrecipient agrees to grant the County, Federal and State governments a royalty -free, non-exclusive, irrevocable, paid -up license throughout the world to use, duplicate, or dispose of such Intellectual Property throughout the world in any manner for governmental purposes and to have and permit others to do so. B. Ownership: i. Except where County has agreed in a signed writing to accept a license, County shall be and remain, without additional compensation, the sole owner of any and all rights, title and interest in all intellectual property, from the moment of creation, whether or not jointly conceived, that are made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract. ii. For the purposes of this Contract, Intellectual Property means recognized protectable rights and interest such as: patents, (whether or not issued) copyrights, trademarks, service marks, applications for any of the foregoing, inventions, trade secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right of publicity, author's rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices, business processes, developments, innovations, good will, any data or information maintained, collected or stored in the ordinary course of business by County, and all other legal rights protecting intangible proprietary information as may exist now and/or hereafter come into existence, and all renewals and extensions, regardless of whether those rights arise under the laws of the United States, or any other State, country or jurisdiction. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 34 of 54 City Council 23 — 37 12/17/2024 EXHIBIT 1 a. For the purposes of the definition of Intellectual Property, "works" means all literary works, writings and printed matter including the medium by which they are recorded or reproduced, photographs, art work, pictorial and graphic representations and works of a similar nature, film, motion pictures, digital images, animation cells, and other audiovisual works including positives and negatives thereof, sound recordings, tapes, educational materials, interactive videos, computer software and any other materials or products created, produced, conceptualized and fixed in a tangible medium of expression. It includes preliminary and final products and any materials and information developed for the purposes of producing those final products. "Works" does not include articles submitted to peer review or reference journals or independent research projects. iii. In the performance of this Contract, Subrecipient may exercise and utilize certain of its Intellectual Property in existence prior to the effective date of this Contract. In addition, under this Contract, Subrecipient may access and utilize certain of County's Intellectual Property in existence prior to the effective date of this Contract. Except as otherwise set forth herein, Subrecipient shall not use any of County's Intellectual Property now existing or hereafter existing for any purposes without the prior written permission of County. Except as otherwise set forth herein, neither the Subrecipient nor County shall give any ownership interest in or rights to its Intellectual Property to the other Party. If, during the term of this Contract, Subrecipient accesses any third -party Intellectual Property that is licensed to County, Subrecipient agrees to abide by all license and confidentiality restrictions applicable to County in the third-party's license Contract. iv. Subrecipient agrees to cooperate with County in establishing or maintaining County's exclusive rights in the Intellectual Property, and in assuring County's sole rights against third parties with respect to the intellectual Property. If the Subrecipient enters into any Contracts or subcontracts with other parties in order to perform this Contract, Subrecipient shall require the terms of the Contract(s) to include all Intellectual Property Paragraph provisions of this Contract (A) through (I). Such terms must include, but are not limited to, the subcontractor assigning and agreeing to assign to County all rights, title and interest in Intellectual Property made, conceived, derived from, or reduced to practice by the subcontractor, Subrecipient or County and which result directly or indirectly from this Contract or any subcontract. v. Pursuant to (B)(iv) of the Intellectual Property Paragraph of this Contract, the requirement for the Subrecipient to include all Intellectual Property Paragraph provisions (A) through (I) of the Intellectual Property Paragraphs in all contracts and subcontracts it enters into with other parties does not apply to contracts or subcontracts that are for customized and on-the-job training as authorized under 20 CFR 680.700-840. vi. Subrecipient further agrees to assist and cooperate with County in all reasonable respects, and execute all documents and, subject to reasonable availability, give testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce County's Intellectual Property rights and interests. C. Retained Rights/License Rights: County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 35 of 54 City Council 23 — 38 12/17/2024 EXHIBIT 1 i. Except for Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract, Subrecipient shall retain title to all of its Intellectual Property to the extent such Intellectual Property is in existence prior to the effective date of this Contract. Subrecipient hereby grants to County, without additional compensation, a permanent, non-exclusive, royalty free, paid -up, worldwide, irrevocable, perpetual, non -terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, publicly and privately display/perform, distribute, and dispose of Subrecipient's Intellectual Property with the right to sublicense through multiple layers, for any purpose whatsoever, to the extent it is incorporated in the Intellectual Property resulting from this Contract, unless Subrecipient assigns all rights, title and interest in the Intellectual Property as set forth herein. ii. Nothing in this provision shall restrict, limit, or otherwise prevent Subrecipient from using any ideas, concepts, know-how, methodology or techniques related to its performance under this Contract, provided that Subrecipient's use does not infringe the patent, copyright, trademark rights, license or other Intellectual Property rights of County or third party, or result in a breach or default of any provisions of the Intellectual Property Paragraphs (A) through (I) or result in a breach of any provisions of law relating to confidentiality. D. Copyright: i. Subrecipient agrees that for purposes of copyright law, all works (as defined in Ownership, Intellectual Property Paragraph (B)(ii) of authorship made by or on behalf of Subrecipient in connection with Subrecipient's performance of this Contract shall be deemed "works made for hire." Subrecipient further agrees that the work of each person utilized by Subrecipient in connection with the performance of this Contract will be a "work made for hire," whether that person is an employee of Subrecipient or that person has entered into a contract with Subrecipient to perform the work. Subrecipient shall enter into a written Contract with any such person that (i) all work performed for Subrecipient shall be deemed a "work made for hire" under the Copyright Act and (ii) that person shall assign all right, title, and interest to County to any work product made, conceived, derived from or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract. ii. All materials, including, but not limited to, computer software, visual works or text, reproduced or distributed pursuant to this Contract that include Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract may not be reproduced or disseminated without prior written permission from County. E. Patent Rights: With respect to inventions made by Subrecipient in the performance of this Contract, which did not result from research and development specifically included in the Contract's Scope of Services, Subrecipient hereby grants to County a license as described under Intellectual Property Paragraph (C) for devices or material incorporating, or made through the use of such inventions. If such inventions result from research and development work specifically included within the Contract's Scope of Services, then Subrecipient agrees to assign to County, without additional compensation, all its right, title and interest in and to such inventions and to assist County in securing United States and foreign patents with respect County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 36 of 54 City Council 23 — 39 12/17/2024 EXHIBIT 1 thereto. F. Third Party Intellectual Property: Except as provided herein, Subrecipient agrees that its performance of this Contract shall not be dependent upon or include any Intellectual Property of Subrecipient or third party without first: (i) obtaining County's prior written approval; and (ii) granting to or obtaining for County's, without additional compensation, a license, as described in Intellectual Property Paragraph (C) for any of Subrecipient's or third-party's Intellectual Property in existence prior to the effective date of this Contract. If such a license upon these terms is unattainable, and County determines that the Intellectual Property should be included in or is required for Subrecipient's performance of this Contract, Subrecipient shall obtain a license under terms acceptable to County. G. Warranties: i. Subrecipient represents and warrants that: a. Subrecipient has secured and will secure all rights and licenses necessary for its performance of this Contract. b. Neither Subrecipient's performance of this Contract, nor the exercise by either Party of the rights granted in this Contract, nor any use, reproduction, manufacture, sale, offer to sell, import, export, modification, public and private display/performance, distribution, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract will infringe upon or violate any Intellectual Property right, non -disclosure obligation, or other proprietary right or interest of any third -party or entity now existing under the laws of, or hereafter existing or issued by, any State, the United States, or any foreign country. There are currently no actual or threatened claims by any such third party based on an alleged violation of any such right by Subrecipient. c. Neither Subrecipient's performance nor any part of its performance will violate the right of privacy of or constitute a libel or slander against any person or entity. d. Subrecipient has secured and will secure all rights and licenses necessary for Intellectual Property including, but not limited to, consents, waivers or releases from all authors of music or performances used, and talent (radio, television and motion picture talent), owners of any interest in and to real estate, sites locations, property or props that may be used or shown. e. Subrecipient has not granted and shall not grant to any person or entity any right that would or might derogate, encumber, or interfere with any of the rights granted to County in this Contract. f. Subrecipient has appropriate systems and controls in place to ensure that State funds will County of Orange MA-012-25010265 Page 37 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 40 12/17/2024 EXHIBIT 1 not be used in the performance of this Contract for the acquisition, operation or maintenance of computer software in violation of copyright laws. g. Subrecipient has no knowledge of any outstanding claims, licenses or other charges, liens or encumbrances of any kind or nature whatsoever that could affect in any way Subrecipient's performance of this Contract. ii. COUNTY MAKES NO WARRANTY THAT THE INTELLECTUAL PROPERTY RESULTING FROM THIS CONTRACT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR THE LIKE, NOW EXISTING OR SUBSEQUENTLY ISSUED. H. Intellectual Property Indemnity: i. Subrecipient shall indemnify, defend and hold harmless County and its licensees and assignees, elected and appointed officials, officers, directors, employees, agents, representatives, successors, and users of its products, ("Indemnitees") from and against all claims, actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third party or expenses related thereto (including, but not limited to, all legal expenses, court costs, and attorney's fees incurred in investigating, preparing, serving as a witness in, or defending against, any such claim action, or proceeding, commenced or threatened) to which any of the Indemnitees may be subject, whether or not Subrecipient is a party to any pending or threatened litigation, which arise out of or are related to: a. The incorrectness or breach of any of the representations, warranties, covenants or agreements of Subrecipient pertaining to Intellectual Property; or, b. Any Intellectual Property infringement, or any other type of actual or alleged infringement claim, arising out of County's use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private performance/display, license, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract. This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that was issued after the effective date of this Contract. County reserves the right to participate in and/or control, at Subrecipient's expense, any such infringement action brought against County. ii. Should any Intellectual Property licensed by the Subrecipient to County under this Contract become the subject of an Intellectual Property infringement claim Subrecipient will exercise its authority reasonably and in good faith to preserve County's right to use the licensed Intellectual Property in accordance with this Contract at no expense to County. County shall have the right to monitor and appear through its own counsel (at Subrecipient's expense) in any such claim or action. In the defense or settlement of the claim, Subrecipient may obtain the right for County to continue using the licensed intellectual Property or, replace or modify the licensed Intellectual Property, so that the replaced or modified Intellectual Property becomes non -infringing provided that such replacement or modification is functionally equivalent to the original licensed Intellectual Property. If such remedies are not reasonably available, County may be entitled to a refund of all County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 38 of 54 City Council 23 — 41 12/17/2024 EXHIBIT 1 monies paid under this Contract, without restriction or limitation of any other rights and remedies available at law or in equity. iii. Subrecipient agrees that damages alone would be inadequate to compensate County for breach of any term of these Intellectual Property Paragraph provisions (A) through (I) by Subrecipient. Subrecipient acknowledges County would suffer irreparable harm in the event of such breach and agrees County shall be entitled to obtain equitable relief, including without limitation an injunction, from a court of competent jurisdiction, without restriction or limitation of any other rights and remedies available at law or in equity. I. Survival: The provisions set forth herein shall survive any termination or expiration of this Contract or any Contract schedule. 20. Complaint Resolution Process and Grievance Procedures for Participants Subrecipient shall comply with grievance procedures, as defined by the program's funding stream. Subrecipient shall advise participants of their right to file complaints and of the procedures for resolution of complaints. Subrecipient shall follow program's procedures for handling complaints which is available from the County's Project Manager for alleging a violation of regulations, grants or other agreements. Any decision of the County, the State or the Federal government relating to the complaint shall be binding on Subrecipient. Subrecipient shall post the entire Notice of the Grievance Procedure Process in a location that is commonly visible for program participants on its website and at its service location(s). 21. Sectarian Activities Subrecipient certifies that this Contract does not aid or advance any religious sect, church or creed for a purpose that is sectarian in nature, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination. 22. Standards of Conduct A. General Assurance. Every reasonable course of action will be taken by Subrecipient in order to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract will be administered in an impartial manner, free from efforts to attain personal, financial or political gain. Subrecipient, its officers and employees, in administering this Contract, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. Employment of Former State or County Employees. Subrecipient will ensure that any of its employees who were formerly employed by the State of California or County, in a position that could have enabled County of Orange MA-012-25010265 Page 39 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 42 12/17/2024 EXHIBIT 1 such individuals to impact policy regarding or implementation of programs covered by this Contract, will not be assigned to any part or phase of the activities conducted pursuant to this Contract for a period of not less than two years following the termination of such employment. C. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of Subrecipient will receive favorable treatment when considered for enrollment in programs provided by, or employment with Subrecipient. D. Conducting Business Involving Close Personal Friends and Associates. Executives and employees of Subrecipient will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Contract, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for Subrecipient to conduct business with a friend or associate of an executive or employee of Subrecipient or an elected official in the area or a staff person or consultant who is a member or officer of the Board of Directors or other official governing body of Subrecipient, a permanent record of the transaction will be retained. E. Avoidance of Conflict of Economic Interest. No executive or employee of Subrecipient, elected official in the area, or any staff person or consultant who is a member or officer of the Board of Directors or other official governing body of Subrecipient will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by Subrecipient or County. 23. Literature/Publicity Any literature distributed by Subrecipient for the purpose of apprising businesses, participants, or the general public of its programs under this Contract shall state that its program, wholly or in part, is funded through County, State and Federal government funds; are supported by the County of Orange and the Orange County Development Board and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 24. Participants A. Eligibility- Only participants who have been determined to meet program requirements shall be enrolled by Subrecipient. Determinations that participants meet eligibility requirements shall be made by the Orange County Workforce Solutions Center funded by County, and, when applicable, by City of Santa Ana - Regional Workforce Training Services. B. Benefits- Benefits shall be provided to participants in accordance with the standards and requirements set forth in the Act, including Section 181. C. Rights and Privileges- All participants enrolled in courses pursuant to the Contract shall be entitled to all the rights and privileges to which other Subrecipient students are entitled, including, but not limited to, special instruction, use of facilities on Subrecipient's premises such as the libraries and learning centers, counseling, student body activities, and veterans' benefits. Subrecipient's representatives will provide County of Orange MA-012-25010265 Page 40 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 43 12/17/2024 EXHIBIT 1 academic counseling for participants and inform them of Subrecipient's services available to them. D. Labor standards- Subrecipient shall adhere to the Labor standards described in the Act, including Section 181 of the Act, and all other applicable codes and regulations. 25. Policies and Procedures Subrecipient shall monitor its program for compliance with the provisions of this Contract. 26. Sweat -free Code of Conduct All Subrecipients contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, or supplies have been furnished to the Subrecipient from sources that include sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Subrecipient further declares under penalty of perjury that they adhere to the Sweat -free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. The Subrecipient agrees to cooperate fully in providing reasonable access to the Subrecipient's records, documents, agents or employees, or premises if reasonably required by authorized officials of the State or County, the Department of Industrial Relations, or the Department of Justice to determine the Subrecipient's compliance with the requirements under this paragraph. 27. S.W.A.G The Subrecipient and its SubcontractorNendors shall comply with Governor's Executive Order 2-18- 2011, which bans expenditures on promotional and marketing items colloquially known as "S.W.A.G." or "Stuff We All Get." 28. Corporate Status All corporate Subrecipients shall be registered with the California Secretary of State and shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board, or Internal Revenue service. The corporate Subrecipient shall maintain the good status standing with the Secretary of State of California throughout the term of this Contract. Any change in corporate status or suspension shall be reported by Subrecipient immediately in writing to County's Project Manager. If Subrecipient fails to maintain good standing or has failed to be in good standing at the time of the effective date of this Contract, County, in addition to all remedies available under the law and this Contract, pursuant to Termination provision of this Contract, terminate this Contract for cause. Subrecipient, by signing this Contract, does swear under penalty of perjury that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against Subrecipient within County of Orange MA-012-25010265 Page 41 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 44 12/17/2024 EXHIBIT 1 the immediately preceding two-year period because of Subrecipient's failure to comply with an order of a federal court which orders the Subrecipient to comply with an order of the National Labor Relations Board. 29. Compliance with Law - Contract: In its performance under this Contract, Subrecipient shall fully comply with the requirements of the following, whether or not otherwise referred to in this Contract: A. All applicable Federal statues, regulations, policies, procedures and directives, including but not limited to, 20 CFR Parts 676 through 678 and Parts 675, 679 through 687. i. All applicable standards and orders and requirements issued under Section 306 of the Clean Air Act https://www.gpo. og v/fdsys/pkg/USCODE-2013-title42/html/USCODE-2013-title42-chap85- subchapIII-sec7606.htm, Section 508 of the Clean Water Act and Environmental Protection Agency regulations https://www.epa.gov/enforcement/clean-water-act-cwa-and-federal-facilities ii. All mandatory standards and policies relating to energy efficiency as particularized in the State Energy Conservation Plan (Title 20, California Code of Regulations), as required by the U.S. Energy Policy and Conservation Act (P.L. 94-163) as each may now exist or be thereafter amended; https://www.ecfr.gov/current/title-10/part-420 iii. Davis -Bacon Act hM2s://www.law.comell.edu/cfr/text/29/part-5 "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction" iv. Copeland "Anti -Kickback" Act hgps://www.dol.gov/agencies/whd/govermnent- contracts/copeland-anti-kickback v. Byrd Anti -Lobbying Amendment hgps://www.law.comell.edu/cfr/text/29/part-93 vi. Compliance with Section 6002 of the Solid Waste Disposal Act hns://www.ecfr.gov/current/title-45/section-75.331_ vii. Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 https://www.presidency.ucsb.edu/documents/executive-order-11246-egual- employment-opportunity and supplemented by the requirements of 41 CFR Part 60. h"s://www.law.comell.edu/cfr/text/41 /chapter-6 viii. Compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act hllp:Hlaw.justia.com/codes/us/ 1997/title4O/chap5/subchapii/sec328 B. All applicable State statues, regulations, policies, procedures and directives; C. All applicable County policies, procedures and directives; D. All applicable local ordinances and requirements, including use permits and licensing; E. Court orders applicable to Subrecipient's operations; F. All federal and state guidance and training and employment guidance letters; and G. The terms and conditions of this Contract, including Attachments and Exhibits. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 42 of 54 City Council 23 — 45 12/17/2024 EXHIBIT 1 Nothing in this Compliance with Law- Contract Paragraph shall limit Subrecipients obligations or County's rights or Subrecipient's obligations under Compliance with Laws Paragraph or under any other provision in the Contract. 30. Other Requirements — Program Confidentiality A. Without prejudice to or limitation of any other Section/Paragraph of this Contract, Subrecipient shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of Federal and State law. However, Subrecipient shall submit to County, the State of California and/or the United States government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of reports submitted by Subrecipient, costs incurred and services rendered hereunder. B. Subrecipient shall require all of its employees, agents, subcontractors and volunteer staff who may provide services to Subrecipient under this Contract to sign an agreement with Subrecipient before commencing the provision of any such services, to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all participants referred to Subrecipient by County, except as may be required to provide services under this Contract or to those specified in this Contract as having the capacity to audit Subrecipient, and as to the latter, only during such audit. Subrecipient shall provide reports and any other information required by County in the administration of this Contract, and as otherwise permitted by law. C. The State of California Information Practices Act of 1977 sets forth certain requirements and safeguards regarding records pertaining to individuals, including the rights of access by the subject individual and by third parties. The disclosure of information from student records is governed by the Federal Family Educational Rights and Privacy Act (FERPA) and in part by the State of California Education Code and Subrecipient Policies Applying to the Disclosure of Information and Student Records. It is the purpose of these policies to provide reasonable interpretations of those laws and to protect the student's right to privacy. The Federal Family Educational Rights and Privacy Act (FERPA) is a U.S. federal law that protects the privacy of student records. Generally, this law states schools must have written permission from the student in order to release any information from a student's education record. The Subrecipient shall be guided by the following principles: (1) the release of any personally identifiable student information to any third parties shall be managed in ways that are in compliance with FERPA and (2) the information in the student's file should be disclosed to the student upon request. Therefore, Subrecipient shall procure the written consent from students enrolled through the County allowing Subrecipient to disclose to the participants' employer, County of Orange, State of California, or U.S. Department of Labor student information such as grades, academic disputes and other matters related to a student's status as a student. Such consent shall be obtained materially in the form, titled Family Educational Rights and Privacy Act (FERPA) Authorization to Release Information to a Designated Third Party. D. Subrecipient agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this Contract. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 43 of 54 City Council 23 — 46 12/17/2024 EXHIBIT 1 31. Contingent Fees The Subrecipient warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees of the Subrecipient or bona fide established commercial or selling agencies maintained by the Subrecipient for the purpose of securing business. For breach or violation of this warranty, the County shall have the right to terminate this Contract in accordance with the termination clause and at its sole discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee from the Subrecipient. 32. Transitional Requirements, One -hundred and eighty (180) days prior to the expiration/cancellation of the term of the Contract, Subrecipient shall provide the County with a plan for transitioning services provided under this Contract to the County, or third party(ies) designated by the County, upon the termination or expiration of the Contract for any reason ("Termination Transition Plan"). Subrecipient's Termination Transition Plan shall include all details necessary to guide Subrecipient, County, and other third -party vendors through the process of migrating all functions and services previously performed by Subrecipient to the County or its new designee(s) and shall include at least the following elements: a. Meets County timeline requirements; b. Details specific transition activities to be accomplished; c. Assigns responsibility for owning the execution of each transition activity; d. Assigns responsibility for all supporting roles for each transition activity; e. Includes timelines detailing expected durations for each transition activity; f. Is documented and available to all entities associated with providing services under the Contract; g. Ensures appropriate subject matter experts are assigned to plan development; and h. Identifies termination risks associated with transitioning the services. The County shall have the right to approve and request modifications to the Termination Transition Plan, and Subrecipient shall make all such modifications in a timely manner. The Parties acknowledge and agree that County's operations are dependent on the services provided under this Contract and County's inability to receive such services may result in irreparable damages to County. The provisions of this clause shall survive the expiration or termination of this Contract. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 44 of 54 City Council 23 — 47 12/17/2024 EXHIBIT 1 33. Set -Off In addition to, and cumulative of, all other remedies at law, in equity or provided under this Contract, County may set off against any and all amounts otherwise payable to Subrecipient pursuant to any of the provisions of this Contract: (A) any and all amounts claimed by County in good faith to be owed by Subrecipient to County pursuant to any of the provisions of this Contract; (13) any and all amounts claimed by County in good faith to be owed by Subrecipient pursuant to any other written agreement between the Parties; and (C) any costs previously invoiced by Subrecipient that (i) have been determined by the County, or applicable California or federal authority, to be disallowed or ineligible under WIOA and/or all applicable laws, regulations, and requirements set forth in the Compliance with Law — Contract Paragraph of this Contract, and (ii) have not been reimbursed to the County after sixty -days' notice that such cost is disallowed or ineligible under WIOA. Within forty-five (45) calendar days after any such set-off by County, County shall provide Subrecipient with a written accounting of such set-off and a written statement of the reasons therefore. 34. No Termination or Suspension of Services (Continued Performance) Notwithstanding anything to the contrary contained herein, and even if any dispute arises between the Parties or Subrecipient alleges the County's breach of contract, and regardless of whether the Parties require at any time the use of any dispute resolution procedures in the Disputes — Contract Paragraph or otherwise established by the Parties in writing, or the exercise of the Set -Off Paragraph, in no event nor for any reason shall Subrecipient, during the term of the Contract, suspend or otherwise interrupt the provision of services to the County or under this Contract, interrupt any obligations of or related to a Termination Transition Plan, disable any assets used to provide services, or perform any other action that prevents, impedes, or reduces in any way the provision of services or the County's ability to conduct its activities, unless: (A) authority to do so is granted by the County's Contract Administrator (or his or her designee) in writing or conferred by a court of competent jurisdiction; or, (B) the term of this Contract has expired, or been terminated pursuant to the Termination Paragraph hereof and Subrecipient has performed all services required to complete the Termination Transition Plan to the satisfaction of the County, and the Contract Administrator has provided written notice thereof. County of Orange MA-012-25010265 Page 45 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 48 12/17/2024 EXHIBIT 1 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date following their respective signatures CITY OF SANTA ANA,- Signature ATTEST: Signature Name Name Title Title Date Date 11 /20/2024 Andrea Garcia -Miller, Assistant C Signature Name Title Date RECOMMENDED FOR APPROVAL: �d2� o •.�� IG�tGl�1QG1 � •VaJ'GlR '�I�Gcutrdt��rec-rQr Signature Name Title Date COUNTY OF ORANGE, A political subdivision of the State of California COUNTY AUTHORIZED SIGNATURE: Deputy Purchasing Agent Signature Name Title Date * If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categorics described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation. County of Orange OC Communih, Resources M,4-012-25010265 Regional Workforce Training Services Page 46 of 54 City Council 23 — 49 12/17/2024 EXHIBIT 1 ATTACHMENT A - SCOPE OF SERVICES 1. Scope of Services A. Background and Purpose The Workforce Innovation and Opportunity Act (WIOA) requires partnerships under California's State Plan as the primary mechanism for aligning education and training services with regional industry sector needs in California's fifteen WIOA Regional Planning Units. California state law requires coordination between K-12, Community Colleges and WIOA systems and requires the use of sector strategies as the operational framework for the state's workforce system. The purpose of this Contract is to provide Regional Workforce Training Services under the Regional Equity and Recovery Partnerships (RERP) grant and by the Orange County Workforce Development Board (OCWDB) and its Subrecipients for workforce services in the region. The Orange Workforce Alliance (OWA) (formerly Orange Regional Planning Unit) consists of the Orange County Workforce Development Board (OCWDB), Anaheim Workforce Development Board (AWDB), and Santa Ana Workforce Development Board (SAWDB). The Orange Workforce Alliance will work to accelerate and deepen existing regional efforts that support regional system alignment, partnerships, and regional programs that achieve economic growth, economic equity, shared prosperity and a clean environment. The RERP grant focuses on strengthening the relationship with Orange County community colleges and businesses by creating short-term targeted education interventions to increase workforce preparation and participation for targeted populations in priority industry sectors. B. Subrecipient Responsibilities 1. Service Requirements The Subrecipient, in partnership with the Orange County Workforce Development Board (OCWDB) and Anaheim Workforce Development Board (AWDB), under the OWA will work to establish and facilitate regional goals and objectives; develop regional strategies, policies, and programs as part of regional planning and infrastructure development; focus on targeted populations, communities, and/or WIOA activities as a key partner in the state identified Regional Planning Unit. Regional efforts through the RERP grant will develop programs for targeted populations that include English language learners, first generation college students, and immigrants. The two priority sectors identified for this project with a substantial current and potential impact on the regional economy based on labor market information include health care and information technology. The OWA will collaborate with Coastline College, North Orange County Continuing Education, Santa Ana College, and Saddleback College to support the program development and enrollment of target populations in Medical Laboratory Technician, Cybersecurity, Supply Chain Management, Amazon Web Services, and Introduction to Information Technology programs. The programs offered through the community college partners will include strategies that support the targeted populations through additional support services, cohort models and Vocational ESL training. Regional Workforce Training Services includes, but is not limited to the following: A. Central to the City of Santa Ana is the Santa Ana WORK Center, a proud partner of the American Job Center of California (AJCC) network. The City of Santa Ana designs and implements programs and services for adult job seekers, dislocated workers, young adults, and businesses. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 47 of 54 City Council 23 — 50 12/17/2024 EXHIBIT 1 B. To comply with the requirements of this Agreement, Subrecipient shall deliver regional workforce services to eligible participants at the Santa Ana WORK Center. The Subrecipient shall provide individualized assessments, case management, job development, job placement, and follow-up services under the Workforce Innovation and Opportunity Act. C. Subrecipient shall conform to all WIOA regulations, directives and policy guidance issued by the State, and local area during the term of this Agreement. In addition, Subrecipient shall support the mission, vision, values, goals and initiatives of the Orange Workforce Alliance. D. Participant data must be captured on the State Grant Data Solution (SGDS) and/or Ca1JOBS system as determined by the region. E. Subrecipient is responsible for program and fiscal monitoring of direct Contractors and/or Subrecipients. F. Subrecipient is responsible for reporting WIOA leveraged resources on a monthly basis, pursuant to this grant. B. Deliverables The Subrecipient will be expected to meet or exceed the following deliverables: A. Collaborate with the Orange County and Anaheim Workforce Development Boards to carry out RERP activities and provide a strategic and coordinated effort to unify business engagement efforts, identify and engage industry champions, and support regional industry partner organizations. B. Work with OWA and Regional Organizer to add community college programs to the Eligible Training Provider List (ETPL) and determine a common process across districts/colleges for WIOA participants to use Individual Training Accounts (ITAs) for the ETPL programs. C. Work with OWA and Regional Organizer to determine common goals/activities between WDB and community college sector strategies. D. Work with OWA and Regional Organizer to develop a process to evaluate credit -for -prior learning for WIOA participants and determine how the individual community college district's credit -for -prior learning policies may impact Orange County residents. E. Assist OWA and Regional Organizer in designing a regional communication hub; this may include general sector information, a calendar of events and meetings, county labor market information, or a communication network. F. Assist OWA and Regional Organizer with building community partnerships in the 2 identified industry sectors: Healthcare and Information Communication Technology (ICT) and Digital Media. County of Orange MA-012-25010265 Page 48 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 51 12/17/2024 EXHIBIT 1 G. Promote regional collaboration and support regional activities. H. Attend regional workforce development board partner meetings and trainings. I. Assist the RO in the development and implementation of capacity building, training, and development opportunities for staff and partners. J. Subrecipient will have access to the Project Manager and Regional Organizer, who will assist with the scheduling and information needed to complete the required deliverables for said services and projects pertaining to the Orange Regional Planning Unit. K. Subrecipient is responsible for submitting all fiscal and program reports and other documentation to the Orange County Workforce Development Board, lead fiscal agent for RERP grant, pursuant to funding source requirements. L. Due dates of project and program development activities will be project specific and will be determined at the time of the project assignment. M. Participant data must be captured on the State Grant Data Solution (SGDS) and/or Ca1JOBS system as determined by the region. N. The Santa Ana Workforce Development Board will be responsible for serving a minimum of 19 participants upon the time of contract execution through October 31, 2025. This number is 14% of the total number of participants to be served by the OWA for the duration of this grant. C. Documentation and File Maintenance The Subrecipient understands that all books and records pertaining to this Agreement, including payroll and attendance records of participating employees, are subject to inspection by the County, federal or state agencies and others for auditing, monitoring or investigating activities pursuant to any contract resulting from this Agreement. All records shall be maintained for a period of seven (7) years beyond the completion of this Agreement. If the Subrecipient receives notice of any litigation or claim involving the grant award or otherwise relating to this Agreement, Subrecipient shall retain records until otherwise instructed by the County. Subrecipient shall maintain documentation for every enrolled participant pursuant to WIOA directives. C. County Responsibilities A. County shall assign a County Project Manager and coordinate all services closely with Subrecipient. B. County shall assist in providing necessary information pertinent in the conduct of the services, as requested. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 49 of 54 City Council 23 — 52 12/17/2024 EXHIBIT 1 C. County Project Manager shall monitor and track project status to ensure it is progressing within the project timeframe. D. County Project Manager shall review and approve all services required in this Contract. E. County Project Manager shall review and approve invoices. F. County Project Manager shall submit the monthly State Grant Data Solutions (SGDS) report on behalf of the Orange Workforce Alliance (OWA). County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 50 of 54 City Council 23 — 53 12/17/2024 EXHIBIT 1 ATTACHMENT B - PAYMENT AND COMPENSATION 1. Compensation: This is a firm fixed fee Contract between County and Subrecipient for Regional Workforce Training Services as set forth in the "Scope of Services" Attachment. Subrecipient agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Subrecipient of all its duties and obligations hereunder. Subrecipient shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. County shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Articles "Changes" and "Amendments" of County Contract Terms and Conditions, which may require approval by the County Board of Supervisors. 2. Fees and Charges: County will pay the fees and charges in accordance with the provisions of this Contract. Payment shall be as follows: Line Item Description Unit ofUnit Measurement Cost 1 City of Santa Ana — Regional Workforce Training Services each $110,000.00 TOTAL NOT TO EXCEED AMOUNT OF: $110,000.00 3. Price Increase/Decreases: No price increases will be considered during the first year/term of the Contract. County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 30-days advance notice in writing is required for consideration of such adjustment. No retroactive price adjustments will be considered. All price decreases will automatically be extended to County of Orange. County may enforce, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of Contract. Adjustments increasing Subrecipient's profit will not be allowed. 4. Firm Discount and Pricing Structure: Subrecipient guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Subrecipient agrees that no price increases shall be passed along to County during the term of this Contract not otherwise specified and provided for within this Contract. County of Orange MA-012-25010265 Page 51 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 54 12/17/2024 EXHIBIT 1 5. Subrecipient's Expense:_ Subrecipient will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract. 6. Payment Terms — Payment in Arrears: Invoices are to be submitted in arrears to the user agency/department to the ship -to address, unless otherwise directed in this Contract. Subrecipient shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Subrecipient. Billing shall cover services not previously invoiced. The Subrecipient shall reimburse the County of Orange for any monies paid to the Subrecipient for services not provided or when services do not meet the Contract requirements and/or are not eligible for reimbursement or allowable costs under WIOA and all applicable laws, regulations, and requirements set forth in Article 69 (Compliance with Law — Contract) of this Contract. No payments will be made if any preceding months' data, reports, or invoices are outstanding, unless otherwise approved by the Administrator. No payments will be made for costs incurred by Subrecipient which are not "allowable costs" applicable to Subrecipient under 2 CFR Part 200. Whenever Subrecipient is not in compliance with any provision of this Contract, County's Project Manager, may withhold payment or a portion thereof until such time Subrecipient comes into compliance. County shall promptly review invoices submitted by Subrecipient and, within thirty (30) days after receiving each invoice, County shall either: (a) approve such invoice in its entirety; or (b) notify Subrecipient, in writing, of those portion(s) of such invoice that are denied, together with the reasons stated therefore (i.e. disallowed cost, lack of documentation, etc.). County's Project Manager, also reserves the right to refuse and withhold payment to Subrecipient for later disallowed costs; or for any expenditure determined by County's Project Manager, not to be in compliance with this Contract, or unrelated to activities for which this Contract provides, or inappropriate to such activities; or for which there is inadequate supporting documentation presented; or for which prior approval was required but was either not requested or not granted. Payment to Subrecipient may be refused until County receives reimbursement from Subrecipient for any Subrecipient outstanding disallowed costs. Total Monthly Costs may exceed one -twelfth of the Maximum Obligation of County. Upon receipt of sufficient written justification from the Subrecipient, as determined in the sole discretion of the County's Project Manager, or designee, the Project Manager, has the discretion, in any given month, to pay over the monthly one -twelfth of the Maximum Obligation. Payments made by County shall not preclude the right of County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 52 of 54 City Council 23 — 55 12/17/2024 EXHIBIT 1 7. Taxpayer ID Number: Subrecipient shall include its taxpayer ID number on all invoices submitted to County for payment to ensure compliance with IRS requirements and to expedite payment processing. 8. Payment — Invoicing Instructions: Payment — Invoicing Instructions: Subrecipient will provide an invoice on Subrecipient's letterhead for goods delivered and/or services rendered. In the case of goods, Subrecipient will leave an invoice with each delivery. Each invoice will have a number and will include the following information: 1. Subrecipient's name and address 2. Subrecipient's remittance address, if different from "a" above 3. Subrecipient's Taxpayer ID Number 4. Name of County Agency/Department 5. Delivery/service address 6. Contract MA-012-25010265 7. Requisition 1695376 8. Agency/Department's Account Number 9. Date of invoice 10. Product/service description, quantity, and prices 11. Sales tax, if applicable 12. Freight/delivery charges, if applicable 13. Total Program Invoice(s) must be emailed to the following address: Email: einvoice loccr.ocgov.com 9. Payment (Electronic Funds Transfer (EFT): County of Orange offers Subrecipients the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to The County of Orange via an EFT Authorization Form. To request a form, please contact the agency/department Procurement Buyer listed in Contract. Upon completion of the form, please mail, fax or email to the address or phone listed on the form. 10. Close -Out Deadlines: The close-out invoice is due on January 15, 2026, without exceptions. In cases of returned invoices due to errors or Disallowed costs, Subrecipient must resubmit revised invoice(s) within two (2) business days of County of Orange MA-012-25010265 Page 53 of 54 OC Community Resources Regional Workforce Training Services City Council 23 — 56 12/17/2024 EXHIBIT 1 notification from County. Request for budget modifications and/or invoice revisions from the Subrecipient will be restricted to a minimum for June or final program month invoices and will only be allowed at the County's discretion. Subrecipient must submit the final program month invoice estimates by November 30, 2025. Estimates must be projected based on anticipated actual expenditure. Invoices submitted or received after the close-out period will not be reimbursed. County of Orange OC Community Resources MA-012-25010265 Regional Workforce Training Services Page 54 of 54 City Council 23 — 57 12/17/2024 EXHIBIT 1 ATTACHMENT BUDGET SCHEDULE REGIONAL WORKFORCE TRAINING SERVICES 1. The Contract total shall not exceed $110,000.00. Each project description and corresponding budget under this Contract shall be mutually determined and agreed upon by County and Subrecipient. Project descriptions shall be in the Scope of Services Attachment, herein and corresponding project budgets shall be listed in the "Budget Schedule" Attachment herein. 2. Subrecipient's Budget: Activities Total Budget Amount Regional Equity and Recovery Partnerships (RERP) Grant End Date: October 31, 2025: Direct Program Costs $110,000.00 Indirect Costs (10% Administrative Costs) $0 Total Contract: $110,000.00 3. The budget contained in the "Budget Schedule" Attachment of this Contract are high-level budgets. Prior to the submission of the 1 st month's invoice of this Contract term, the negotiated detailed budget must be submitted to the County for final approval. A budget template will be provided by the County. 4. Subrecipient may request to shift funds between programs, or between budgeted line items within a program, for the purpose of meeting specific program needs by utilizing a Budget/Staffing Modification Request Form provided by the Contract must include a justification narrative specifying the purpose of the request, the amount of said funds to be shifted, and the sustaining annual impact of the shift as may be applicable to the current Fiscal Year Budget and/or future Fiscal Year Budgets. Subrecipient shall obtain written approval of Budget/Staffing Modification Request(s) from the County prior to implementation by Subrecipient. 5. In support of the monthly invoice, Subrecipient shall submit monthly Expenditure Reports on a form acceptable to, or provided by, the County and will report actual costs. Invoices shall be submitted based upon the approved detailed budget. City Council 23 — 58 12/17/2024 EXHIBIT 1 ATTACHMENT D STAFFING PLAN REGIONAL WORKFORCE TRAINING SERVICES Title FTE* Workforce Development Manager .2 TOTAL: .2 * 1.00 FTE = Full -Time Equivalent The substitution or addition of other key individuals in any given category or classification shall be allowed only with prior written pre -approval of the County Project Manager. The Parties agree that the County has the right to require other or additional personnel to perform services under the Contract, as required. The specific individuals will be assigned based on the need and time of the service/class required. Assignment of additional key personnel shall be subject to County approval. City Council 23 — 59 12/17/2024 EXHI�x1ji it 1 DRUG FREE WORKPLACE CERTIFICATION Company/Organization Name _City of Santa Ana The Contractor or grant recipient named above hereby certifies compliance with Government Code 8355 in matters relating to providing a drug -free workplace. The above named Contractor will: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions to be taken against employees for violations of the prohibitions, as required by Government Code Section 8355(a). 2. Establish a Drug Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: A. The dangers of drug abuse in the workplace, B. The person's or organization's policy of maintaining a drug -free workplace, C. Any available drug counseling, rehabilitation and employee assistance programs, and D. Penalties that may be imposed upon employees for drug abuse violations 3. Provide as required by Government code Section 83551 that every employee who works on the proposed contract or grant A. Will receive a copy of the company's drug -free policy statement described in paragraph (1) above, and B. Will agree to abide by the terms of the company's statement as a condition of employment in the contract or grant. CERTIFICATION 1, the official named below, hereby swear that 1 am duly authorized legally to bind the contractor or grant recipient to the above described certification. Official's Name Date Executed Orange County, California Executed in the County of Contractor or Grantee Recipient Signature and Title City Council 23 — 60 12/17/2024 EXH %'li bit 2 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants' responsibilities. The regulations were published as Part VI I of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document. Name Title Authorized Signature Date City Council 23 — 61 12/17/2024 EXH'�k'l1'it 2 DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification 1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. City Council 23 — 62 12/17/2024 EXH%'Lbit 3 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. Grantee/Contractor Organization City of Santa Ana Name Title Authorized Signature Date *Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB). City Council 23 — 63 12/17/2024 EXHIBIT 1 Exhibit 4 INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C, section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with a covered Federal action. Use the SF LLL-A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants. 5. If the organization filing the report, in item 4 checks "Subawardee", then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include congressional district, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP DE 90 09." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the primary entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of the in kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF LLL A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 0046) Washington D.C., 20503. City Council 23 — 64 12/17/2024 EXHIBIT 1 Exhibit 4 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.0 1352 1. Type of Federal Actions: 2. Status of Federal Actions: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change C. cooperative agreement C. post -award d. loan For material change only: e. loan guarantee Year: Quarter: f. loan insurance I I Date of last report: 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is a Subawardee: Prime Subawardee Enter Name and Address of Prime: Tier if known Congressional District, if known: Con ressional District, if known: 6. Federal Department / Agency: 7. Federal Program Name/Description 8. Federal Action Number, if known: 9. Award Amount, if known: 10a. Name and Address of Lobbying Entity 10b. Individual Performing Services (if individual, last name, first name, MI): (including address if different from No. 10a) (last name, first name, MI): attach Continuation Sheets SF-LLL-A, if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $ Actual a. retainer Planned b. one-time free C. commission 12. Form of Payment (check all that apply): a. cash d. contingent fee b. in -kind: specify: e. deferred nature: f. other specify: value: 14. Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated on item 11: 15. Continuation sheets SF-LLL-A attached: ❑ Yes ❑ No 16. Information requested through this form authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a Signature: material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information Print Name: will be reported to the Congress semiannually and will be available for public inspection. An person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not Title: more than $100,000 for each such failure. Telephone No: Date: City Council 23 — 65 12/17/2024 EXHIBIT 1 Exhibit 4 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMS - 0348-0046 Reporting Entity: Page of BILLING CODES 3410-01 -C; 6450-01-C; 6890-01 ;6025-01-C; 7510-01-C , 35 1 0-FE-C; 8120-01 -C; 4710-24-C, 6116-01 -C, City Council 23 — 66 12/17/2024 EXIIPIT 5 O R A N G E C O U N T Y dccommunity Resources Our Community. Our Commitment. Subject: OC Community Resources Contract Reimbursement Policy Effective: July 1, 2010 Revised: January 17, 2020 PURPOSE: This policy contains updated fiscal documentation requirements for contract reimbursement for OC Community Services and OC Housing & Community Development. The procedures provide instructions for submitting reimbursement demand letter or invoice. REFERENCES: Executed County Board of Supervisors approved contract Budget included in contract or presented as an attachment 48 CFR Part 31 Contract Cost Principles and Procedures 24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For OC Housing & Community Development Contracts only. 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) BACKGROUND: The executed Board of Supervisors approved contract is the authorization for all aspects of payment, including the maximum amount to be paid, the payee, and the scope of services and work. Payments are made in strict accordance with the contract terms. Allowable costs are identified in referenced Uniform Guidance and Code of Federal Regulations (CFR). ATTACHMENTS: Reimbursement Policy Status Form (RPS-1) POLICY: Contractor is responsible for the submission of accurate claims. This reimbursement policy is intended to ensure that the Contractor is reimbursed based on the code or codes that correctly describe the services provided. This information is intended to serve only as a general reference resource regarding OC Community Services' and Housing & Community Development reimbursement policy for the services described and is not intended to address every aspect of a reimbursement situation. Accordingly, OC Community Services and OC Housing & Community Development may use reasonable discretion in interpreting and applying this policy to services provided in a particular case. Other factors affecting reimbursement may supplement, modify or, in some cases, supersede this policy. These factors may include, but are not limited to: legislative mandates and County directives. OC Community Services and OC Housing & Community Development may modify this reimbursement policy at any time by publishing a new version of the policy. However, the information presented in this policy is accurate and current as of the date of publication. Cost incurred by Contractor must be substantiated and incurred during the contract period. Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable under applicable Code of Federal Regulations (CFR) or Uniform Guidance. All supporting documentation for reimbursement must be submitted with demand letter or invoice. If contract requires matching contribution, documentation substantiating contribution match must be submitted with demand letter or invoice. City Council 23 — 67 12/17L2024 age 1 of 2 EXHIBIT 1 At any time, based on County's business needs and/or Contractor's performance, the County may designate Contractor to submit abbreviated or comprehensive documentation, as identified in the respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement Policy Status Form, of which requirements are in full force. When Contractor is required to submit comprehensive documentation, in addition to the items identified in the Abbreviated Documentation Requirements Section, Contractor must also provide the documentation identified in the Comprehensive Documentation Requirements Section. PROCEDURES: Abbreviated Documentation Requirements Compile and submit: 1. Supporting documentation includes, but is not limited to: a. General ledger/expense transaction report b. Payroll register or labor distribution report c. Payroll allocation plan d. Personnel Documentation e. Benefit plan and calculation of benefit f. Employer -employee contract for non -customary benefits (if applicable) g. Pre -approval documentation for equipment purchases equal to or greater than $5,000 2. The following is required with the first month's invoice only: a. Cost allocation plan for rent, utilities, etc. b. Indirect rate approved by cognizant agency (if applicable) 3. Summary of leveraged resources (if applicable) 4. Demand letters must contain the following certification (if required by Contract): "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31 Sections 3729-3730 and 3801-3812)" 5. Grantee Performance Report (if required by Contract) 6. Supporting documentation shall be on single -sided sheets 7. Please redact employees' Social Security Number from payroll reports 8. Demand letter or invoice, along with supporting documentation shall be submitted to: OC Community Resources Accounting 601 N. Ross St., 6th Floor Santa Ana, CA 92701 Comprehensive Documentation Requirements In addition to abbreviated documentation, compile and submit: 9. Purchase orders, invoices, and receipts 10. Cashed checks 11. Check register 12. Cons ultanUsub-contractor invoices (with description of services) 13. Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement ACTION: Distribute this policy to all appropriate staff INQUIRIES: Inquiries may be directed to OCCR Accounts Payable at: OCCRAccountsPayable@occr.ocgov.com City Council 23 — 68 12/17L2024 age EXFYjj;JI+ 5 O R A N G E C O U N T Y CSC Communi ty Resources Our Community. Our Commitment. Reimbursement Policy Status Form Per CIC Community Resources Contract Reimbursement Policy, in regards to the Contract # listed herein, Contractor is designated with the Documentation Status of Abbreviated unless Comprehensive is checked below. If the contractor's designation should change to Abbreviated, a new status form shall be approved. All related documentation requirements are in full force, until further notice. Contractor: City of Santa Ana Contract M MA-012-25010265 Effective Date: Upon Execution Documentation Status: ❑ Abbreviated ® Comprehensive Program Authorization by: Auditor Controller Authorization by: Print Name Print Name Signed by: Signed by: Date: Two signatures are required to implement the form. Mctrihi itinn - Contractor Auditor Controller Contract File Program File Date: Rei i y ounci 23 — 69 12/17/2024 EXHIBIT 2 Contract MA-012-25010267 For Regional Workforce Consulting Services Between OC Community Resources And City of Santa Ana County of Orange OC Community Resources MA-012-25010267 Regional Workforce Consulting Services Page 1 of 52 City Council 23 — 70 12/17/2024 EXHIBIT 2 CONTRACT MA-012-25010267 BETWEEN County of Orange AND City of Santa Ana FOR Regional Workforce Consulting Services CFDA# FAIN# PROGRAM/SERVICE TITLE FUNDING AGENCY 17.258 AA-35818-22-55-A-6 Regional Plan Implementation (RPI) 5.0 Department of Labor THIS Contract MA-012-25010267 for Regional Workforce Consulting Services ("Contract") is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California on behalf of OC Community Resources, Workforce & Economic Development Division ("County") and City of Santa Ana, D-U-N-S No. 083153247, a municipal corporation in the State of California, with a place of business at 20 Civic Center Plaza, Santa Ana, CA 92701-4058, ("Subrecipient"), with County and Subrecipient sometimes referred to as "Party", or collectively referred to as "Parties". ATTACHMENTS THIS Contract is comprised of this document and the following Attachments and Exhibits, which are attached hereto and incorporated by reference into this Contract: Attachment A — Scope of Services Attachment B — Payment and Compensation Attachment C — Federal Award Identification Number Attachment D — Budget Schedule Attachment E — Staffing Plan Exhibit 1 — Drug Free Workplace Certification Exhibit 2 — Debarment and Suspension Certificate Exhibit 3 — Certification Regarding Lobbying Exhibit 4 — Disclosure Form to Report Lobbying Exhibit 5 — OC Community Resources Contract Reimbursement Policy RECITALS WHEREAS, Congress has enacted the "Workforce Investment Act of 1998," subsequently reauthorized on July 22, 2014 as the Workforce Innovation and Opportunity Act ("WIOA"), hereinafter referred to as County of Orange OC Community Resources MA- 012- 25010267 Regional Workforce Consulting Services Page 2 of 52 City Council 23 — 71 12/17/2024 EXHIBIT 2 "the Act," to provide workforce innovation activities, through statewide and local workforce investment systems, that increase employment, retention and earnings of participants, and increase occupational skill attainment by participants, and, as a result, improve the quality of the workforce and enhance the productivity and competitiveness of the Nation; and WHEREAS, County and Subrecipient accepts the State of California Employment Development Department Workforce Services Directive dated February 13, 2020, Number WSD20-01; and WHEREAS, County, acting as the Administrator of the Act funds, is empowered to make a portion of the funds available pursuant to the Act ("grant funds") to Subrecipient, for the purpose of implementing the provisions of the Act; and WHEREAS, Subrecipient and County are entering into this Contract for Regional Workforce Consulting Services under a firm fixed fee/cost reimbursement usage Contract; and, WHEREAS, County solicited Contract for Regional Workforce Consulting Services as set forth herein, and Subrecipient represented that it is qualified to provide Regional Workforce Training Services to the County as further set forth here; and, WHEREAS, Subrecipient agrees to provide Regional Workforce Consulting Services to the County as further set forth in the Scope of Services, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Subrecipient based on the schedule of fees set forth in Payment and Compensation, attached hereto as Attachment B; and, WHEREAS, Subrecipient agrees to manage allotted funding set forth in the Budget Schedule, attached hereto as Attachment C; and WHEREAS, Subrecipient agrees to meet the Staffing Plan requirements set forth in attached hereto as Attachment D; and WHEREAS, Subrecipient received notification of the Federal Award Identification Number, attached hereto as Attachment E; and WHEREAS, the County Board of Supervisors has authorized the Procurement Officer or designee to enter into a Contract for Regional Workforce Consulting Services with the Subrecipient to carry out certain program services and activities within Fiscal Years 2023- 2024; and, NOW, THEREFORE, the Parties mutually agree as follows: FBI "lei 1111jeK "Administrator" means the Executive Director, of Orange County Community Investment Division ("CID"), as subdivision within the Orange County Community Services ("OCCS") department, or designee thereof. "Agency" shall mean any County Agency requesting Services of Subrecipient. "Contract" shall mean the legal agreement executed between County and Subrecipient. Contract shall include all documents, terms, conditions, specifications, scope of work, and amendments. "Contract Administrator" means the designated Manager, a Deputy Purchasing Agent ("DPA") within the Contract Development and Management ("CDM") team, who shall administer the contractual County of Orange MA-012-25010267 Page 3 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 72 12/17/2024 EXHIBIT 2 responsibilities for this Contract and manage all contractual changes as necessary or reasonable to comply with County Policies. "County" shall mean the County of Orange, a political subdivision of the State of California "County Data" shall mean all County and County -related records and information available to the Subrecipient as a result of award of Contract. "County's Project Manager" means the designated Manager with the County Program Management team who shall administer and monitor the services within this Contract as is necessary or reasonable to comply with County policies. "Department" shall mean any County Department requesting Services of Subrecipient. "Director" means the County Director of the Orange County Community Resources ("OCCR") department. "DPA" shall mean the Deputy Purchasing Agent assigned to this Contract. "May" shall mean something that is not mandatory but permissible. "Service or Services" shall mean Subrecipient's duties, tasks and responsibilities to fulfill the requirements of this Contract, which are more specifically identified in Scope of Services. "Shall" and "Must" shall mean a mandatory requirement. Failure to meet a mandatory requirement may result in termination for cause under this Contract. "Should" shall mean something that is recommended but not mandatory. "Subcontractor" shall mean a third party not directly employed by the Subrecipient who may provide Services identified in this Contract. "Subrecipient" shall mean the individual, partnership, or corporation who is providing commodities or services under the terms and conditions set forth in this Contract. Subrecipient also includes its employees, Subcontractor(s), agents and affiliates who are providing commodities or services agreed to under this Contract. ARTICLES GENERAL TERMS AND CONDITIONS 1. Governing Law and Venue: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, 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 specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. 2. Entire Contract: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No County of Orange MA-012-25010267 Page 4 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 73 12/17/2024 EXHIBIT 2 exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County's Purchasing Agent or designee. 3. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. 4. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Subrecipients shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor -Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to Subrecipient. 5. Delivery: Time of delivery of commodities and services is of the essence in this Contract. County reserves the right to refuse any commodities and services and to cancel all or any part of the commodities not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed Scope of Services. Acceptance of any part of the order for commodities shall not bind County to accept future shipments nor deprive it of the right to return commodities already accepted at Subrecipient's expense. Over shipments and under shipments of commodities shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all commodities or services have actually been received and accepted in writing by County. 6. Acceptance Payment. Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the commodities/services have actually been received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears after satisfactory acceptance. 7. Warranty: Subrecipient expressly warrants that the commodities covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Subrecipient's part to indemnify, defend and hold County and its indemnities as identified in the Insurance and Indemnification section, and as more fully described in the Insurance and Indemnification section harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. County of Orange MA-012-25010267 Page 5 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 74 12/17/2024 EXHIBIT 2 8. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in this Contract, Subrecipient shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Subrecipient warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Subrecipient agrees that, in accordance with the more specific requirement contained in the Insurance and Indemnification section, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney's fees. 9. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Subrecipient without the express written consent of County. Any attempt by Subrecipient to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. 10. Non -Discrimination: In the performance of this Contract, Subrecipient agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Subrecipient acknowledges that a violation of this provision shall subject Subrecipient to penalties pursuant to Section 1741 of the California Labor Code. 11. Termination: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty, cost, expense or liability of any kind for cause ("Termination for Cause", as defined below), or (2) after 30 days' written notice without cause. Exercise by County of its right to terminate the Contract for cause or without cause shall relieve County of all further compensation, obligation, cost, expense or liability of any kind. 1. Termination for Cause: Termination for Cause shall mean the County's termination of the Contract in the event of: A. A violation of the law or failure to comply in a timely manner with any condition of this Contract; B. Inadequate program performance; C. Failure to comply with reporting requirements; D. Evidence that Subrecipient is in such an unsatisfactory financial condition, as determined by County, as to endanger performance of this Contract, including the loss of other funding sources; E. Delinquency in payment of taxes or the costs of performance of this Contract in the ordinary course of business;Appointment of a trustee, receiver or liquidator for all or a substantial part of County of Orange MA-012-25010267 Page 6 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 75 12/17/2024 EXHIBIT 2 Subrecipient's property, or institution of bankruptcy, reorganization, arrangement of liquidation proceedings by or against Subrecipient; F. Service of any writ of attachment, levy of execution, or commencement of garnishment proceedings against Subrecipient's assets or income; G. Bankruptcy proceedings of Subrecipient; H. Finding of Subrecipient's debarment or suspension; I. Material change in Subrecipient's organizational structure; J. Any breach of the Contract by Subrecipient; and K. Any misrepresentation, or fraud on the part of the Subrecipient. 2. Cost to Cover. In the event of any termination of the Contract, County may proceed with the work for which this Contract provides in any manner deemed proper by County. The cost to County of completing the work for which this Contract provides shall be deducted from any sums due Subrecipient under this Contract but Subrecipient shall not be relieved of liability. Notwithstanding the above, Subrecipient shall not be relieved of liability to County for damages sustained by County by virtue of any breach of this Contract by Subrecipient, and County may withhold any payments to Subrecipient until such time as the exact amount of damages due County from Subrecipient is determined. 3. Return of funds. Subrecipient agrees that upon expiration or notice of termination of this Contract or dissolution of Subrecipient's entity, Subrecipient shall, immediately upon written demand, return to County all funds paid to Subrecipient by County, which are not payable for goods or services delivered prior to the termination or expiration of this Contract or the dissolution of Subrecipient's entity. Nothing in this Article "Termination" shall preclude the County from exercising its termination rights as set forth in Article "Contingency of Funds" or under any other provision in the Contract. 12. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. 13. Independent Subrecipient: Subrecipient shall be considered an independent Subrecipient and neither Subrecipient, its employees, nor anyone working under Subrecipient shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Subrecipient shall qualify for workers' compensation or other fringe benefits of any kind through County. 14. Performance Warranty: Subrecipient shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County's satisfaction. Subrecipient shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other commodities/services County of Orange MA-012-25010267 Page 7 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 76 12/17/2024 EXHIBIT 2 furnished by Subrecipient under this Contract. Subrecipient shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Subrecipient shall be fully responsible for all work performed by subcontractors. 15. Changes: Subrecipient shall make no changes in the work or perform any additional work without County's specific written approval. 16. Change of Ownership/Name, Litigation Status, Conflicts with County Interests: Subrecipient agrees that if there is a change or transfer in ownership of Subrecipient's business prior to completion of this Contract, and County agrees to an assignment of Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Subrecipient's duties and obligations contained in this Contract and complete them to the satisfaction of County. County reserves the right to immediately terminate Contract in the event County determines that the assignee is not qualified or is otherwise unacceptable to County for the provision of services under Contract. In addition, Subrecipient has the duty to notify County in writing of any change in Subrecipient's status with respect to name changes that do not require an assignment of Contract. Subrecipient is also obligated to notify County in writing if Subrecipient becomes a party to any litigation against County, or a party to litigation that may reasonably affect Subrecipient's performance under Contract, as well as any potential conflicts of interest between Subrecipient and County that may arise prior to or during the period of Contract performance. While Subrecipient will be required to provide this information without prompting from County any time there is a change in Subrecipient's name, conflict of interest or litigation status, Subrecipient must also provide an update to County of its status in these areas whenever requested by County. Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to Subrecipient, this obligation shall apply to Subrecipient's employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. Subrecipient's efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their duties. 17. Force Maieure: Subrecipient shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Subrecipient gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Subrecipient avails himself of any available remedies. County of Orange MA-012-25010267 Page 8 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 77 12/17/2024 EXHIBIT 2 18. Confidentiality: Subrecipient agrees to maintain the confidentiality of all County and County -related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Subrecipient and Subrecipient's staff, agents and employees. 19. Compliance with Laws: Subrecipient represents and warrants that services to be provided under this Contract shall fully comply, at Subrecipient's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Subrecipient acknowledges that County is relying on Subrecipient to ensure such compliance, and pursuant to the requirements of the Insurance and Indemnification section, Subrecipient agrees that it shall defend, indemnify and hold County and County Indemnitees harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. 20. Freight: Prior to County's express acceptance of delivery of products. Subrecipient assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under Contract. 21. Severability: If any term, covenant, condition or provision of this Contract 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. 22. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney's fees, costs and expenses. 23. Interpretation: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further aclnowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract. County of Orange MA-012-25010267 Page 9 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 78 12/17/2024 EXHIBIT 2 24. Employee Eligibility Verification: Subrecipient warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. Subrecipient shall retain all such documentation for all covered employees for the period prescribed by the law. Subrecipient shall indemnify, defend with counsel approved in writing by County, and hold harmless, County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against Subrecipient or County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. 25. Audits/Inspections: Subrecipient agrees to permit County's Auditor -Controller or the Auditor -Controller's authorized representative (including auditors from a private auditing firm hired by County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Subrecipient for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of Contract including, but not limited to, the costs of administering Contract. County will provide reasonable notice of such an audit or inspection. County reserves the right to audit and verify Subrecipient's records before final payment is made. Subrecipient agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this Contract or by law. Subrecipient agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, Subrecipient agrees to include a similar right to County to audit records and interview staff of any subcontractor related to performance of this Contract. Should Subrecipient cease to exist as a legal entity, Subrecipient's records pertaining to this Contract shall be forwarded to County's project manager. 26. Contingency of Funds: Subrecipient acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty. County of Orange MA-012-25010267 Page 10 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 79 12/17/2024 EXHIBIT 2 27. Expenditure Limit: Subrecipient shall notify County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract. County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on Contract unless a change order to cover those costs has been issued. County of Orange OC Community Resources MA-012-25010267 Regional Workforce Consulting Services Page 11 of 52 City Council 23 — 80 12/17/2024 EXHIBIT 2 INDEMNIFICATION AND INSURANCE PROVISIONS 1. Indemnification Subrecipient agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Indemnitees") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Subrecipient pursuant to this Contract. If judgment is entered against Subrecipient and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Subrecipient and County agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. Notwithstanding anything stated above, nothing contained herein shall relieve Subrecipient of any insurance requirements of obligations created elsewhere in this Contract. 2. General Insurance Requirements Prior to the provision of services under this Contract, the Subrecipient agrees to carry all required insurance at Subrecipient's expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Subrecipientagrees to keep such insurance coverage current, provide Certificates of Insurance, and endorsements to the County during the entire term of this Contract. Subrecipient shall ensure that all subcontractors performing work on behalf of Subrecipient pursuant to this Contract shall be covered under Subrecipient's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Subrecipient. Subrecipient shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Subrecipient under this Contract. It is the obligation of Subrecipient to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Subrecipient through the entirety of this Contract for inspection by County representative(s) at any reasonable time. All self -insured retentions (SIR)'s shall be clearly stated on the Certificate of Insurance. Any SIR in excess of Fifty Thousand Dollars $50,000 shall specifically be approved by the County's Risk Manager, or designee. The County reserves the right to require current audited financial reports from Subrecipient. If Subrecipient is self -insured, Subrecipient will indemnify the County for any and all claims resulting or arising from Subrecipient's services in accordance with the indemnity provision stated in this contract. If the Subrecipient fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract. Oualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). County of Orange MA-012-25010267 Page 12 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 81 12/17/2024 EXHIBIT 2 If the insurance carrier does not have an A.M. Best Rating of A-NIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Subrecipient shall provide the minimum limits and coverage as set forth below. Increased insurance limits may be satisfied with Excess/Umbrella policies. Excess/Umbrella policies when required must provide Follow Form coverage. All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment. Subrecipient shall provide thirty (30) days prior written notice to the County of any policy cancellation or non -renewal and ten (10) days prior written notice where cancellation is due to non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the Subrecipient fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor. County expressly retains the right to require Subrecipient to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Subrecipient in writing of changes in the insurance requirements. If Subrecipient does not provide acceptable Certificates of Insurance and endorsements to County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Subrecipient, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Subrecipient's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer. 3. Commercial General Liability Minimum limits and coverage $1,000,000 per occurrence; $2,000,000 aggregate Required Coverage Forms The Commercial General Liability coverage shall be written on occurrence basis utilizing Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. Required Endorsements County of Orange OC Community Resources MA-012-25010267 Page 13 of 52 Regional Workforce Consulting Services City Council 23 — 82 12/17/2024 EXHIBIT 2 The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: A. An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad naming the County of Orange its elected and appointed officials, officers, employees, and agents as Additional Insureds, or provide blanket coverage, which will state As Required by Written Contract. B. A primary non-contributory endorsement using ISO form CG 20 0104 13, or a form at least as broad evidencing that the Subrecipient's insurance is primary, and any insurance or self-insurance maintained by the County shall be excess and non-contributing. The Commercial General Liability policy shall contain a severability of interests clause also known as a "separation of insureds" clause (standard in the ISO CG 0001 policy). 4. Automobile Liability including coverage for owned, non -owned and hired vehicles Minimum limits and coverage $1,000,000 combined Single Limit Required Coverage Forms The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. 5. Workers Compensation Minimum limits and coverage Statutory Required Endorsements The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents, and employees or provide blanket coverage, which will state As Required by Written Contract. 6. Employers Liability Insurance Minimum limits and coverage $1,000,000 per accident or disease County of Orange OC Community Resources MA-012-25010267 Page 14 of 52 Regional Workforce Consulting Services City Council 23 — 83 12/17/2024 EXHIBIT 2 ADDITIONAL TERMS AND CONDITIONS 1. Scope of Contract: This Contract specifies contractual terms and conditions by which County will procure Regional Workforce Consulting Services Items from Subrecipient as further detailed in the Scope of Services, identified and incorporated herein by this reference as "Attachment A". 2. Term of Contract: This Contract shall commence upon execution of all necessary signatures and continue through March 31, 2025, unless otherwise terminated by County. This Contract may not be renewed. 3. Adjustments — Scope of Services: No adjustments made to the Scope of Services will be authorized without prior written approval of County assigned Deputy Purchasing Agent. 4. Bills and Liens: Subrecipient shall pay promptly all indebtedness for labor, materials and equipment used in performance of the work. Subrecipient shall not permit any lien or charge to attach to the work or the premises, but if any does so attach, Subrecipient shall promptly procure its release and, in accordance with the requirements of Article "Indemnification" above, indemnify, defend, and hold County harmless and be responsible for payment of all costs, damages, penalties and expenses related to or arising from or related thereto. 5. Breach of Contract: The failure of Subrecipient to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a. Terminate Contract immediately, pursuant to the General Terms and Conditions section, "Termination" Article herein; b. Afford Subrecipient written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c. Discontinue payment to the Contactor for and during the period in which Subrecipient is in breach; and d. Offset against any monies billed by Subrecipient but yet unpaid by County those monies disallowed pursuant to the above. 6. Civil Rights: Subrecipient attests that services provided shall be in accordance with Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all individuals in the United States on the basis of either citizenship status or participation in any financially assisted program or activity; the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, which County of Orange OC Community Resources MA-012-25010267 Regional Workforce Consulting Services Page 15 of 52 City Council 23 — 84 12/17/2024 EXHIBIT 2 prohibits discrimination on the bases of race, color and national origin; Section 504 of the Rehabilitation Act of 1973, as amended; which prohibits discrimination against qualified individuals with disabilities; the Age Discrimination Act of 1975 as amended; which prohibits discrimination on the basis of age; Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs; Title II of the Americans with Disabilities Act of 1990, and other applicable State and Federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. The Subrecipient also assures that, as a Subrecipient of financial assistance, it will comply with 29 CFR part 38 and all other regulations implementing the laws listed above. This assurance applies to the Subrecipient's operation of the financially assisted program or activity, and to all agreements the Subrecipient makes to carry out the financially assisted program or activity. The Subrecipient understands that the United States has the right to seek judicial enforcement of this assurance. 7. Conflict of Interest — Subrecipient's Personnel: Subrecipient shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of County. This obligation shall apply to Subrecipient; Subrecipient's employees, agents, and subcontractors associated with accomplishing work and services hereunder. Subrecipient's efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of County. 8. Conflict of Interest — County Personnel: County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. Subrecipient shall not, during the period of this Contract, employ any County employee for any purpose. 9. Subrecipient's Project Manager and Key Personnel: Subrecipient shall appoint a Project Manager to direct Subrecipient's efforts in fulfilling Subrecipient's obligations under this Contract. This Project Manager shall be subject to approval by County and shall not be changed without the written consent of County's Project Manager, which consent shall not be unreasonably withheld. Subrecipient 's Project Manager shall be assigned to this project for the duration of Contract and shall diligently pursue all work and services to meet the project time lines. County's Project Manager shall have the right to require the removal and replacement of Subrecipient's Project Manager from providing services to County under this Contract. County's Project manager shall notify Subrecipient in writing of such action. Subrecipient shall accomplish the removal within five (5) business days after written notice by County's Project Manager. County's Project Manager shall review and approve the appointment of the replacement for Subrecipient's Project Manager. County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient's Project Manager from providing further services under Contract. County of Orange MA-012-25010267 Page 16 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 85 12/17/2024 EXHIBIT 2 10. Subrecipient Personnel — Reference Checks: Subrecipient warrants that all persons employed to provide service under this Contract have satisfactory past work records indicating their ability to adequately perform the work under this Contract. Subrecipient's employees assigned to this project must meet character standards as demonstrated by background investigation and reference checks, coordinated by the agency/department issuing this Contract. 11. Subrecipient's Expense: The Subrecipient will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on County sites during the performance of work and services under this Contract. The County will not provide free parking for any service in the County Civic Center. 12. Subrecipient's Records: Subrecipient shall keep true and accurate accounts, records, books and data which shall correctly reflect the business transacted by Subrecipient in accordance with generally accepted accounting principles. These records shall be stored in Orange County for a period of three (3) years after final payment is received from County. Storage of records in another county will require written approval from County of Orange assigned Deputy Purchasing Agent. 13. Conditions Affecting Work:, Subrecipient shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions which can affect the work or the cost thereof. Any failure by Subrecipient to do so will not relieve Subrecipient from responsibility for successfully performing the work without additional cost to County. County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by County are expressly stated in Contract. 14. Data — Title To: All materials, documents, data or information obtained from County data files or any County medium furnished to Subrecipient in the performance of this Contract will at all times remain the property of County. Such data or information may not be used or copied for direct or indirect use by Subrecipient after completion or termination of this Contract without the express written consent of County. All materials, documents, data or information, including copies, must be returned to County at the end of this Contract. 15. Default — Re -Procurement Costs: In case of Contract breach by Subrecipient, resulting in termination by County, County may procure the commodities and services from other sources. If the cost for those commodities and services is higher than under the terms of the existing Contract, Subrecipient will be responsible for paying County the difference between Contract cost and the price paid, and County may deduct this cost from any unpaid balance due Subrecipient. The price paid by County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law. County of Orange MA-012-25010267 Page 17 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 86 12/17/2024 EXHIBIT 2 16. Disputes — Contract: The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Subrecipient's Project Manager and the County`s Project Manager, as specified in Article titled "Notices" below, such matter shall be brought to the attention of the County DPA by way of the following process: A. The Subrecipient shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless County, on its own initiative, has already rendered such a final decision. B. The Subrecipient's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to Contract, Subrecipient shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects Contract adjustment for which Subrecipient believes County is liable. Pending the final resolution of any dispute arising under, related to, or involving this Contract, Subrecipient agrees to diligently proceed with the performance of this Contract, including the delivery of commodities and/or provision of services. Subrecipient's failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of County shall be expressly identified as such, shall be in writing, and shall be signed by County Deputy Purchasing Agent or his designee. If County fails to render a decision within 90 days after receipt of Subrecipient's demand, it shall be deemed a final decision adverse to Subrecipient's contentions. Nothing in this section shall be construed as affecting County's right to terminate Contract for cause or termination for convenience as stated in Article "Termination" herein. 17. Drug -Free Workplace:, Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Subrecipient will: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1). B. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: 1. The dangers of drug abuse in the workplace; 2. The organization's policy of maintaining a drug -free workplace 3. Any available counseling, rehabilitation and employee assistance programs; and 4. Penalties that may be imposed upon employees for drug abuse violations. County of Orange OC Community Resources MA-012-25010267 Page 18 of 52 Regional Workforce Consulting Services City Council 23 — 87 12/17/2024 EXHIBIT 2 C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract: 1. Will receive a copy of the company's drug -free policy statement; and 2. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract. D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Subrecipient may be ineligible for award of any future County contracts if County determines that any of the following has occurred: 1. Subrecipient has made false certification, or 2. Subrecipient violates the certification by failing to carry out the requirements as noted above. 18. EDD Independent Subrecipient Reporting Requirements: Effective January 1, 2001, County of Orange is required to file in accordance with subdivision (a) of Section 6041 A of the Internal Revenue Code for services received from a "service provider" to whom County pays $600 or more or with whom County enters into a contract for $600 or more within a single calendar year. The purpose of this reporting requirement is to increase child support collection by helping to locate parents who are delinquent in their child support obligations. The term "service provider" is defined in California Unemployment Insurance Code Section 1088.8, subparagraph B.2 as "an individual who is not an employee of the service recipient for California purposes and who received compensation or executes a contract for services performed for that service recipient within or without the state." The term is further defined by the California Employment Development Department to refer specifically to independent Subrecipients. An independent Subrecipient is defined as "an individual who is not an employee of the ... government entity for California purposes and who receives compensation or executes a contract for services performed for that ... government entity either in or outside of California." The reporting requirement does not apply to corporations, general partnerships, limited liability partnerships, and limited liability companies. Additional information on this reporting requirement can be found at the California Employment Development Department website located at htty://www.edd.ca.gov/Employer Services.htm 19. Emergency/Declared Disaster Requirements: In the event of an emergency or if Orange County is declared a disaster area by County, state or federal government, Contract may be subjected to unusual usage. Subrecipient shall service County during such an emergency or declared disaster under the same terms and conditions that apply during non- emergency/disaster conditions. The pricing quoted by Subrecipient shall apply to serving County's needs regardless of the circumstances. If Subrecipient is unable to supply the goods/services under the terms of Contract, then Subrecipient shall provide proof of such disruption and a copy of the invoice for the goods/services from Subrecipient's supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an County of Orange MA-012-25010267 Page 19 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 88 12/17/2024 EXHIBIT 2 emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from Subrecipient shall show both the emergency purchase order number and Contract number. 20. Error and Omissions: All reports, files and other documents prepared and submitted by Subrecipient shall be complete and shall be carefully checked by the professional(s) identified by Subrecipient as Project Manager and key personnel attached hereto, prior to submission to the County. Subrecipient agrees that County review is discretionary, and Subrecipient shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Subrecipient's reports, files and other written documents, the reports, files or documents will be returned to Subrecipient for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Subrecipient after County approval thereof, County approval of Subrecipient's reports, files or documents shall not be used as a defense by Subrecipient in any action between the County and Subrecipient, and the reports, files or documents will be returned to Subrecipient for correction. 21. Equal Employment Opportunity: Subrecipient shall comply with U.S. Executive Order 11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. Subrecipient shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition. Regarding handicapped persons, Subrecipient will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. Subrecipient agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. Subrecipient agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future. Regarding Americans with disabilities, Subrecipient agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future. 22. Headings: The various headings and numbers herein, the grouping of provisions of this Contract into separate clauses and articles, and the organization hereof are for the purpose of convenience only and shall not limit or otherwise affect the meaning hereof. County of Orange MA-012-25010267 Page 20 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 89 12/17/2024 EXHIBIT 2 23. News/Information Release: Subrecipient agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from County through County's Project Manager. 24. Notices: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing with a copy provided to the assigned DPA, except through the course of the Parties' Project Managers' routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in -person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four (4) calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the Parties hereto may designate by written notice from time to time in the manner aforesaid. Subrecipient: City of Santa Ana Attn: Deborah Sanchez Address: 20 Civic Center Plaza, Santa Ana, CA 92701-4058 Phone: 714-565-2621 Email: DSanchez@santa-ana.org County's Project Manager: OC Community Resources Attn: I Francis Barton Address: 1300 South Grant Avenue, Building B, Santa Ana, CA 92705 Phone: 1714-480-6475 Email: I Francis.Barton@occr.ocgov.com County of Orange MA-012-25010267 OC Community Resources Regional Workforce Consulting Services Page 21 of 52 City Council 23 — 90 12/17/2024 EXHIBIT 2 cc: OC Community Resources/Procurement Services Attn: Chad Ward, County DPA Address: 601 North Ross Street Santa Ana, CA 92701 Phone: (949) 585-6420 Email: chad.ward@occr.ocgov.com 25. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments. 26. Subcontracting: No performance of this Contract or any portion thereof may be subcontracted by Subrecipient without the express written consent of County. Any attempt by Subrecipient to subcontract any performance of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. In the event that the Subrecipient is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Subrecipient and subcontractor, and shall incorporate by reference the terms of this Contract. The County shall look to the Subrecipient for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange. 27. Termination — Orderly: After receipt of a termination notice from County of Orange, Subrecipient may submit to County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by County upon written request of Subrecipient. Upon termination County agrees to pay Subrecipient for all services performed prior to termination which meet the requirements of Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of Contract. County of Orange MA-012-25010267 Page 22 of 52 OC Community Resources Regi onal Workforce Consulting Servi ces City Council 23 — 91 12/17/2024 EXHIBIT 2 28. Usage: No guarantee is given by County to Subrecipient regarding usage of this Contract. Usage figures, if provided, are approximations. Subrecipient agrees to supply services and/or commodities requested, as needed by County of Orange, at rates/prices listed in Contract, regardless of quantity requested. 29. Usage Reports: Subrecipient shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of County of Orange user agency/department. The usage report shall be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of Contract term, or any subsequent renewal term, if applicable. 30. Prolect Manager, County:. The County shall appoint a Project Manager to act as liaison between the County and the Subrecipient during the term of this Contract. The County's Project Manager shall coordinate the activities of the County staff assigned to work with the Subrecipient . The County's Project Manager shall have the right to require the removal and replacement of the Subrecipient's Project Manager and key personnel. The County's Project Manager shall notify the Subrecipient in writing of such action. The Subrecipient shall accomplish the removal within three (3) business days after written notice from the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Subrecipient's Project Manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Subrecipient's Project Manager from providing further services under the Contract. 31. Permits and Licenses: Subrecipient shall be required to obtain any and all approvals, permits and/or licenses which may be required in connection with the permitted operation as set out herein. No permit approval or consent given hereunder by County in its governmental capacity shall affect or limit Subrecipient's obligations hereunder, nor shall any approvals or consents given by County as a party to this Contract, be deemed approval as to compliance or conformance with applicable governmental codes, laws, ordinances, rules, or regulations. 32. Inventory• County has an ongoing requirement for the commodities indicated in this Contract. Subrecipient shall maintain a reasonable stock on hand of all commodities for delivery upon request. 33. Order Dates: Orders may be placed during the term of Contract even if delivery may not be made until after the term of Contract. Order dates take precedence over delivery dates. Contract must clearly identify the order date on all invoices to County. County of Orange OC Community Resources MA-012-25010267 Page 23 of 52 Regional Workforce Consulting Services City Council 23 — 92 12/17/2024 EXHIBIT 2 34. Ownership of Documents: The County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Subrecipient. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Subrecipient without the express written consent of the County. 35. 'Satisfactory Work: Services rendered hereunder are to be performed to the written satisfaction of County. County's staff will interpret all reports and determine the quality, acceptability and progress of the services rendered. 36. Access and Records: A. Access. County, the State of California and the United States Government and/or their representatives, shall have access, for purposes of monitoring, auditing, and examining, to Subrecipient's activities, books, documents and papers (including computer records and emails) and to records of Subrecipient's Subcontractors, consultants, contracted employees, bookkeepers, accountants, employees and participants related to this Contract. Subrecipient shall insert this condition in each Contract between Subrecipient and a Subcontractor that is approved pursuant to this Contract and shall require the Subcontractor to agree to this condition. Such departments or representatives shall have the right to make excerpts, transcripts and photocopies of such records and to schedule on site monitoring at their discretion. Monitoring activities also may include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Subrecipient are kept. Subrecipient shall make available its books, documents, papers, financial records, etc., within three (3) days after receipt of written demand by Administrator which shall be deemed received upon date of sending. In the event Subrecipient does not make the above referenced documents available within the County of Orange, California, Subrecipient agrees to pay all necessary and reasonable expenses incurred by County, or County's designee, in conducting any audit at the location where said records and books of account are maintained. B. Records Retention. All accounting records and evidence pertaining to all costs of Subrecipient and all documents related to this Contract shall be kept available at Subrecipient's office or place of business for the duration of this Contract and thereafter for four (4) years after completion of an audit. Records which relate to: (1) complaints, claims, administrative proceedings or litigation arising out of the performance of this Contract; or (2) costs and expenses of this Contract to which County or any other governmental department takes exception, shall be retained beyond the four (4) years until final resolution or disposition of such appeals, litigation, claims, or exceptions. County of Orange OC Community Resources MA-012-25010267 Page 24 of 52 Regional Workforce Consulting Services City Council 23 — 93 12/17/2024 EXHIBIT 2 C. Liability. Subrecipient shall pay to County the full amount of County's liability to the State or Federal government or any department thereof resulting from any disallowance or other audit exceptions to the extent that such liability is attributable to Subrecipient's failure to perform under this Contract. 37. Signature in Counterparts: The Parties agree that separate copies of this Contract and/or electronic signatures and handwritten signatures may be signed by each of the Parties, and this Contract will have the same force and effect as if the Original had been signed by all the Parties. 38. Licenses: At its own expense, Subrecipient and its Subcontractors, if any, shall, at all time during the term of this Contract, maintain in full force and effect such licenses or permits as may be required by the State of California or any other government entity. Subrecipient and his/her/its Subcontractors, if any, shall strictly adhere to, and obey, all governmental rules and regulations now in effect or as subsequently enacted or modified, as promulgated by any local, State, or Federal governmental entity 39. Reports/Meetings: The Subrecipient shall develop reports and any other relevant documents necessary to complete the services and requirements as set forth in Attachment A. The County's Project Manager and the Subrecipient's Project Manager will meet on reasonable notice to discuss the Subrecipient's performance and progress under this contract. If requested, the Subrecipient's Project Manager and other project personnel shall attend all meetings. The Subrecipient shall provide such information that is requested by the County for the purpose of monitoring progress under this contract. 40. Gratuities: The Subrecipient warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Subrecipient or any agent or representative of the Subrecipient to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Subrecipient agreed to supply shall be borne and paid for by the Subrecipient. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract. 41. County Branding Requirements: Publicity, Literature, Advertisement and Social Media A. County owns all rights to the name, logos, and symbols of County. The use and/or reproduction of County's name, logos, or symbols for any purpose, including commercial advertisement, County of Orange MA-012-25010267 Page 25 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 94 12/17/2024 EXHIBIT 2 promotional purposes, announcements, displays, or press releases, without County's prior written consent is expressly prohibited. B. Subrecipient may develop and publish information related to this Contract where all of the following conditions are satisfied: 1. Subrecipient's Project Manager must provide its written approval of the content and publication of the information at least 5 days prior to Subrecipient publishing the information, unless a different timeframe for approval is agreed upon by the Project Manager; 2. Unless directed otherwise by the County's Project Manager, the information will include a statement that the program, wholly or in part, is funded through County, State and Federal government funds from the WIOA Program;The information does not give the appearance that the County, its officers, employees, or agencies endorse: a. any commercial product or service; and, b. any product or service provided by Subrecipient, unless approved in writing by the Subrecipient's Project Manager; and, If Subrecipient uses social media (such as Facebook, Twitter, YouTube or other publicly available social media sites) to publish information related to this Contract, Subrecipient shall develop social media policies and procedures and have them available to the County's Project Manager. Subrecipient shall comply with County Social Media Use Policy and Procedures as they pertain to any social media developed in support of the services described within this Contract. The policy is available on the Internet at http://www.ocgov.com/gov/ceo/cio/goypolicies. 42. Maximum Obligation: The total Maximum Obligation of County to the Subrecipient for the cost of services provided in accordance with this Contract is $30,000, with individual Maximum Obligation budgets for each Fiscal Year as further detailed in the "Budget Schedule" Attachment. 43. Service Contract — Follow -On Work: No person, firm, subsidiary or Subcontractor of a firm that has been awarded a consulting services contract or a contract which includes a consulting component may be awarded a Contract for the performance of services, the purchase of goods or supplies, or the provision of any other related action which arises from or can reasonably be deemed an end -product of work performed under the initial consulting to consulting -related Contract. 44. Subrecipient Bankruptcy/Insolvency: If the Subrecipient should be adjudged bankrupt or should have a general assignment for the benefit of its creditors or if a receiver should be appointed on account of the Subrecipient's insolvency, the County may terminate this Contract. County of Orange OC Community Resources MA-012-25010267 Page 26 of 52 Regional Workforce Consulting Services City Council 23 — 95 12/17/2024 EXHIBIT 2 OCWEDD TERMS AND CONDITIONS 1. Debarment Subrecipient shall execute and abide by the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, attached hereto and incorporated herein by this reference, and by so doing declares that it is not debarred or suspended or otherwise excluded from or ineligible for participation in Federal/State assistance programs in accordance with 29 C.F.R. Part 98. 2. Lobbying Certification A. Subrecipient shall execute and abide by the terms of the "Certification Regarding Lobbying," which is incorporated herein by this reference. Subrecipient shall complete and immediately forward to the County's Project Manager the Disclosure of Lobbying Activities, a copy of which is attached hereto and incorporated herein by this reference, if Subrecipient, or any person, firm or corporation acting on Subrecipient's behalf, engaged or engages in lobbying any federal office, employee, elected official or agency with respect to this Contract or funds to be received by Subrecipient pursuant to this Contract. B. Subrecipient agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law. C. Subrecipient shall be in compliance with the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352 and 29 CFR Part 93). 3. Fraud Subrecipient shall immediately report to the County's Project Manager, in writing, all suspected, alleged, or known instances and facts concerning possible fraud, abuse or criminal activity by either Subrecipient or its Subcontractor(s) under this Contract. Subrecipient shall inform staff and the general public of how to report fraud, waste or abuse through appropriate postings of incident reporting notice. The County's Anti -Fraud Program can be accessed h"s://www.ocgov.com/how-do-i/ret)ort/fraud-waste-abuse. Subrecipient shall maintain records, documents, or other evidence of fraud and abuse until otherwise notified by County. 4. Fiscal Appropriations This Contract is subject to and contingent upon available local, state, and/or federal funds and applicable budgetary appropriations being approved by the County of Orange Board of Supervisors for each fiscal year during the term of this Contract. If such appropriations are not approved, the Contract will be terminated, without penalty to the County. 5. Fiscal Accountability A. Subrecipient shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. Subrecipient's system shall provide fiscal control and accounting procedures that will include the following: County of Orange MA-012-25010267 Page 27 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 96 12/17/2024 EXHIBIT 2 1. Information pertaining to sub -grant and Contract awards, obligations, unobligated balances, assets, expenditures, and income; 2. Effective internal controls to safeguard assets and assure their proper use; 3. A comparison of actual expenditures with budgeted amounts for each sub grant and Contract; 4. Source documentation to support accounting records; and 5. Proper charging of costs and cost allocation. B. Subrecipient's Records. Subrecipient's records shall be sufficient to: 1. Permit preparation of required reports; 2. Permit tracking of funds to a level of expenditure adequate to establish that funds have not been used in violation of the applicable restrictions on the use of such funds; 3. Permit the tracking of program income earned, and any costs incurred (such as stand-in costs) that are otherwise allowable except for funding limitation; and 4. Permit tracking and reporting of leveraging as required by SB734. C. Costs Charged. Cost shall be charged to this Contract only in accordance with the following: a. The WIOA; b. 20 CFR Part 683; c. State implementing legislation; and d. Requirements of Other Funding Sources 6. Indirect Costs The County of Orange reserves the right to cap administrative cost at 10%. 7. Dissolution of Entity Subrecipient shall notify County immediately of any intention to discontinue its existence or bring an action for dissolution. 8. Performance Standards Subrecipient shall comply with and adhere to the performance accountability standards and general program requirements described in Sections 116 (Performance Accountability System) and 194 (General Program Requirements) of WIOA and applicable regulations contained in the "Performance Standards" Attachment of this Contract. Should the Performance Requirements defined in the Contract between the State of California and the County of Orange be changed, County shall have the right to unilaterally modify this Contract to meet such requirements. 9. Payments Subrecipient agrees that any and all funds received under this Contract annually for each respective fiscal year shall be disbursed on or before March 31, and that any and all funds remaining as of March 31 annually, which have not been disbursed shall be returned by Subrecipient to County within thirty (30) County of Orange OC Community Resources MA-012-25010267 Page 28 of 52 Regional Workforce Consulting Services City Council 23 — 97 12/17/2024 EXHIBIT 2 days of the expiration or earlier termination of the Contract in accordance with the Termination paragraph of this Contract. No expense of Subrecipient will be reimbursed by County if incurred after March 31 of each fiscal year. Upon the effective date of this Contract, County shall make payment to Subrecipient in accordance with the following payment schedule: A. Monthly Payments: Beginning the first of the month following the contract effective date, upon receipt and approval by OC Community Resources — OC Community Services of Subrecipient's invoice showing prior month(s) actual expenditures, County shall make monthly reimbursement payments based on Subrecipient's invoice so long as the total payments under this Contract do not exceed the Contract Maximum Obligation. B. County Discretion: At the sole discretion of County, payments to Subrecipient may be made more frequently than monthly, but such payments shall always be in arrears and not in advance of the provision of services by Subrecipient. C. Invoices: Subrecipient shall provide monthly invoices by the I Oth day following the month being reported. If the I Oth falls on a weekend or holiday, the invoice/data report is due the next business day. Invoices shall show the most up to date costs chargeable to the program(s) referenced in this Contract and in accordance with the OC Community Resources Contract Reimbursement Policy for documenting Subrecipient costs, incorporated herein by this reference. Failure to provide any of the required documentation will cause County to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to Subrecipient, until such documentation has been received and approved by the County. All costs included on invoices must be eligible for reimbursement and allowable costs under WIOA and all applicable laws, regulations, and requirements set forth in the Compliance with Law — Contract Paragraph of this Contract. If Subrecipient expenditures for any program referenced in this Contract fall below 20% of planned expenditures for any cumulative period commencing from the beginning of the term of this Contract, Subrecipient may be subject to a reduction in funding. No payments will be authorized if any preceding month's reports or invoices have not been received. Refer to "Payment and Compensation" Attachment of this Contract for additional information. 10. Budget Schedule Subrecipient agrees that the expenditures of any and all funds under this Contract will be in accordance with the 'Budget Schedule" Attachment, which by this reference is incorporated herein and made a part hereof as if fully set forth. Subrecipient shall ensure all costs incurred under the Contract, and its performance hereunder, shall comply with WIOA and all applicable laws, regulations, and requirements set forth in Compliance with Law — Contract paragraph of this Contract. County of Orange OC Community Resources MA-012-25010267 Page 29 of 52 Regional Workforce Consulting Services City Council 23 — 98 12/17/2024 EXHIBIT 2 11. Modification of Budget Schedule Upon written approval from the Administrator the Contract Administrator shall have the authority to transfer allocated program funds from one category of the overall program Budget Schedule to any other category of the overall Budget Schedule pursuant to a written request submitted by Subrecipient. No such transfer may be made without the express prior written approval of County. Subrecipients will be limited to three (3) adjustments per year. Each modification shall be submitted to the County's Project Manager using the Budget Modification forms provided by the Contract Administrator, no later than ten (10) days after the end of the first three quarters of the fiscal year as necessary. The County has the right but not the obligation to make changes to the Budget Schedule at any time. County initiated adjustments will not count towards the three allowed modifications each year. 12. Annual Audit Subrecipient shall arrange for an independent audit to be performed by a Certified Public Accountant, for funds received from County, in accordance with Audit Requirements detailed in the Scope of Services. 13. Non -Discrimination and Compliance Provisions A. State laws. i. Subrecipient shall, unless exempted, ensure compliance with the requirements of Cal. Gov. Code § 11135 et seq., and 2 CCR § 11140 et seq., which prohibit recipients of state financial assistance from discriminating against persons based on race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability. ii. Subrecipient's signature affixed hereon shall constitute a certification, under penalty of perjury under the laws of the State of California, that Subrecipient has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12900 (a-f) and Title 2, California Code of Regulations, Section 8103. iii. Subrecipient shall include the nondiscrimination and compliance provisions of this Non - Discrimination and Compliance Provisions paragraph "A" in all sub -contracts to perform work under this Contract. B. Title VI of Civil Rights Act. Subrecipient hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 [42 USC 2000d; 45 CFR 80](P.L. 88-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 CFR Part 80) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which funds are made available under this Contract. Subrecipient hereby gives assurance that it will immediately take any measures necessary to effectuate this Contract. C. Title VII of Civil Rights Act. Subrecipient shall comply with Title VII of the Civil Rights Act of 1964 County of Orange MA-012-25010267 Page 30 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 99 12/17/2024 EXHIBIT 2 (42 U.S.C. 2000), as amended by the Equal Opportunity Act of March 24, 1972 (Public Law No. 92 261), and with all applicable rules, regulations and orders promulgated pursuant thereto, as now in existence or as hereafter amended. D. Disability discrimination. Subrecipient shall comply with Sections 503 and 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and all requirements imposed by the applicable regulations and guidelines issued pursuant to those statutes, including 45 CFR, Part 84. E. Addition and future laws. Other current and future federal and state laws prohibiting discrimination on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation. F. Failure to comply. If Subrecipient fails to comply with the requirements of any Sub -Paragraphs of this Non -Discrimination and Compliance Provisions paragraph, Administrator may withhold payment to Subrecipient and/or terminate this Contract in accordance with the Termination paragraph. 14. Publication No copies of sketches, schedules, written documents, computer based data, photographs, maps or graphs, including graphic art work, resulting from performance or prepared in connection with this Contract, are to be released by Subrecipient and/or anyone acting under the supervision of Subrecipient to any person, partnership, company, corporation, or department, without prior written approval by the County, except as necessary for the performance of the services of this Contract. All press releases, including graphic display information to be published in newspapers, magazines, or other media of any kind, are to be administered only by the County unless otherwise agreed to by both Parties. Nothing herein shall limit Subrecipient's ability to comply with the CPRA, etc., in compliance with the requirements set forth in Confidentiality paragraph of this Contract. 15. Drug Free Workplace Subrecipient hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Subrecipient will: A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1). B. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: i. The dangers of drug abuse in the workplace; ii. The organization's policy of maintaining a drug -free workplace; iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. County of Orange OC Community Resources MA-012-25010267 Regional Workforce Consulting Services Page 31 of 52 City Council 23 — 100 12/17/2024 EXHIBIT 2 C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract: i. Will receive a copy of the company's drug -free policy statement; and ii. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract. D. Failure to comply with these requirements may result in suspension of payments under Contract or termination of Contract or both, and Subrecipient may be ineligible for award of any future County contracts if County determines that any of the following has occurred: i. Subrecipient has made false certification, or ii. Subrecipient violates the certification by failing to carry out the requirements as noted above. Subrecipient shall execute and abide by the Certification for a Drug -Free Workplace attached hereto and incorporated herein by this reference. 16. D-U-N-S Number and Related Information D-U-N-S Number is a unique, 9-digit identifier issued and maintained by the Dun & Bradstreet (D&B) that verifies the existence of a business entity. The D-U-N-S number is needed to coordinate with the System for Award Management (SAM) that combines Federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. https://www.SAM.gov The D-U-N-S Number must be provided to County at the County's request and prior to the execution of this Contract. Subrecipient shall ensure all D-U-N-S information is up to date and the D-U-N-S number status is "active," with no active exclusions prior to execution of this Contract. If County cannot access the Subrecipient's D-U-N-S information related to this Federal subaward on the Federal Funding Accountability and Transparency Act subaward Reporting system (SAM.GOV) due to errors in the Subrecipient's data entry for its D-U-N-S number, the Subrecipient must immediately update the information as required. The County reserves the right to verify and validate any information prior to contract award and during the entire term of the Contract. 17. Program Income County's Maximum Obligation herein shall be reduced by the amount of any program income earned by Subrecipient, from sources other than County, as a result of this Contract or the services provided by Subrecipient pursuant to this Contract. It shall be the responsibility of Subrecipient to inform the County in writing of any income earned as a result of this Contract. County of Orange OC Community Resources MA-012-25010267 Page 32 of 52 Regional Workforce Consulting Services City Council 23 — 101 12/17/2024 EXHIBIT 2 It is mutually understood that the State or Federal agency responsible for providing the funding for this Contract may designate certain revenue of Subrecipient as Program Income. To be designated as Program Income and therefore, as other than a cost off -set. Subrecipient shall do all of the following: A. Submit a plan to the County for use of any and all proposed Program Income; and B. Set-up and maintain a separate bank account for any proposed Program Income and account for any and all such income received. C. Report to County any and all Program Income received no later than thirty (30) days from the date of receipt; record the amount received on Internal financial records; and indicate the amount received on the monthly claim submitted to County. County shall then forward the plan for the requested use of the proposed Program Income to the appropriate State and/or Federal agencies for approval. Subrecipient shall not spend any of the proposed Program Income unless or until such time as County obtains authorization for the use of the Program Income from the responsible State and/or Federal agency and provides Subrecipient with prior written approval for the use of the funds. County may, in its sole discretion, issue future policy statements and/or instructions with respect to Program Income. Subrecipient shall immediately comply with such policy statements and/or instructions. 18. Modification of Program Components and Service Levels The Parties hereto agree that those program components and service levels detailed in various Attachments of this Contract (i.e. Scope of Service, etc.) may be modified upon mutual written agreement of the Administrator and Subrecipient so long as the total payments under this Contract are not increased and the basic goals and objectives of the program are not altered. Should the Federal Government and/or the State of California modify any program component and/or service level detailed in the various Attachments then the County shall have the right to unilaterally modify this Contract to meet such requirements. A. County may at any time, unilaterally, by written notification to Subrecipient, make changes within the general scope of this Contract, including, in the definition of services and tasks to be performed, the manner in which services are performed, the time and place of performance thereof and additional related provisions. Changes may be made when necessitated by changes in the Regional Workforce Consulting Services operations or performance, the operations or performance of Subrecipient, or changes in applicable statutes, regulations or State of California or Federal mandates or directives, or for other reasons. The Subrecipient shall review the County's written notification, resolve any questions regarding the change, and indicate its understanding of the additional expectation within three (3) business days after receipt of notification. Subrecipient shall perform all such changes promptly but in no event later than ten (10) business days after receiving County's notification unless otherwise directed by the County. Such changes will be memorialized into the Contract through a Contract amendment, as soon as practicable, but shall be effective upon the County's issuance of the notification. B. Subrecipient and County shall make a good faith effort to reach agreement with respect to changes to County of Orange OC Community Resources MA-012-25010267 Page 33 of 52 Regional Workforce Consulting Services City Council 23 — 102 12/17/2024 EXHIBIT 2 the scope, which affect the price of services under the Contract. Subrecipient's protest or failure to agree to the amount of any adjustment to be made as a result of the anticipated amendment shall be a dispute for which an appeal may be made pursuant to this Contract. Notwithstanding the foregoing, the price of services under this Contract shall not be increased except by written amendment of this Contract indicating the new services and price of this Contract if applicable. Until the Parties reach agreement, Subrecipient shall not be obligated to assume increased performance under the anticipated amendment beyond the limitation of funds established within this Contract. C. Subrecipient may request changes in the scope of performance or services under this Contract, by submitting a written request to the County's Project Manager describing the request and its impact on the Scope of Services and Budget Schedule. The County's Project Manager will review the request and respond in writing within ten (10) business days. The County's Project Manager's decision whether to approve the request or request Board of Supervisors' approval shall be final. The Contract Administrator may approve a request that meets all of the following criteria: i. It does not materially change the terms of this Contract, and ii. It is supported by adequate consideration to County. Board of Supervisors' action is necessary to approve a request from Subrecipient that does not satisfy all of the criteria listed above. 19. Intellectual Property A. Federal Funding: In any Contract funded in whole or in part by the Federal government, County may acquire and maintain the Intellectual Property rights, title, and ownership, which result directly or indirectly from the Contract, except as provided in 37 Code of Federal Regulations Part 401.14. Subrecipient agrees to grant the County, Federal and State governments a royalty -free, non-exclusive, irrevocable, paid -up license throughout the world to use, duplicate, or dispose of such Intellectual Property throughout the world in any manner for governmental purposes and to have and permit others to do so. B. Ownership: i. Except where County has agreed in a signed writing to accept a license, County shall be and remain, without additional compensation, the sole owner of any and all rights, title and interest in all intellectual property, from the moment of creation, whether or not jointly conceived, that are made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract. ii. For the purposes of this Contract, Intellectual Property means recognized protectable rights and interest such as: patents, (whether or not issued) copyrights, trademarks, service marks, applications for any of the foregoing, inventions, trade secrets, trade dress, logos, insignia, color combinations, slogans, moral rights, right of publicity, author's rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices, business processes, developments, innovations, good will, any data or information maintained, collected or stored in the ordinary course of business by County, and all other legal rights protecting intangible proprietary information as may exist now and/or hereafter County of Orange OC Community Resources MA-012-25010267 Page 34 of 52 Regional Workforce Consulting Services City Council 23 — 103 12/17/2024 EXHIBIT 2 come into existence, and all renewals and extensions, regardless of whether those rights arise under the laws of the United States, or any other State, country or jurisdiction. a. For the purposes of the definition of Intellectual Property, "works" means all literary works, writings and printed matter including the medium by which they are recorded or reproduced, photographs, art work, pictorial and graphic representations and works of a similar nature, film, motion pictures, digital images, animation cells, and other audiovisual works including positives and negatives thereof, sound recordings, tapes, educational materials, interactive videos, computer software and any other materials or products created, produced, conceptualized and fixed in a tangible medium of expression. It includes preliminary and final products and any materials and information developed for the purposes of producing those final products. "Works" does not include articles submitted to peer review or reference journals or independent research projects. iii. In the performance of this Contract, Subrecipient may exercise and utilize certain of its Intellectual Property in existence prior to the effective date of this Contract. In addition, under this Contract, Subrecipient may access and utilize certain of County's Intellectual Property in existence prior to the effective date of this Contract. Except as otherwise set forth herein, Subrecipient shall not use any of County's Intellectual Property now existing or hereafter existing for any purposes without the prior written permission of County. Except as otherwise set forth herein, neither the Subrecipient nor County shall give any ownership interest in or rights to its Intellectual Property to the other Party. If, during the term of this Contract, Subrecipient accesses any third -party Intellectual Property that is licensed to County, Subrecipient agrees to abide by all license and confidentiality restrictions applicable to County in the third-party's license Contract. iv. Subrecipient agrees to cooperate with County in establishing or maintaining County's exclusive rights in the Intellectual Property, and in assuring County's sole rights against third parties with respect to the intellectual Property. If the Subrecipient enters into any Contracts or subcontracts with other parties in order to perform this Contract, Subrecipient shall require the terms of the Contract(s) to include all Intellectual Property Paragraph provisions of this Contract (A) through (I). Such terms must include, but are not limited to, the subcontractor assigning and agreeing to assign to County all rights, title and interest in Intellectual Property made, conceived, derived from, or reduced to practice by the subcontractor, Subrecipient or County and which result directly or indirectly from this Contract or any subcontract. v. Pursuant to (B)(iv) of the Intellectual Property Paragraph of this Contract, the requirement for the Subrecipient to include all Intellectual Property Paragraph provisions (A) through (I) of the Intellectual Property Paragraphs in all contracts and subcontracts it enters into with other parties does not apply to contracts or subcontracts that are for customized and on-the-job training as authorized under 20 CFR 680.700-840. vi. Subrecipient further agrees to assist and cooperate with County in all reasonable respects, and execute all documents and, subject to reasonable availability, give testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce County's Intellectual Property rights and interests. County of Orange OC Community Resources MA-012-25010267 Regional Workforce Consulting Services Page 35 of 52 City Council 23 — 104 12/17/2024 EXHIBIT 2 C. Retained Rights/License Rights: i. Except for Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract, Subrecipient shall retain title to all of its Intellectual Property to the extent such Intellectual Property is in existence prior to the effective date of this Contract. Subrecipient hereby grants to County, without additional compensation, a permanent, non-exclusive, royalty free, paid -up, worldwide, irrevocable, perpetual, non -terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, publicly and privately display/perform, distribute, and dispose of Subrecipient's Intellectual Property with the right to sublicense through multiple layers, for any purpose whatsoever, to the extent it is incorporated in the Intellectual Property resulting from this Contract, unless Subrecipient assigns all rights, title and interest in the Intellectual Property as set forth herein. ii. Nothing in this provision shall restrict, limit, or otherwise prevent Subrecipient from using any ideas, concepts, know-how, methodology or techniques related to its performance under this Contract, provided that Subrecipient's use does not infringe the patent, copyright, trademark rights, license or other Intellectual Property rights of County or third party, or result in a breach or default of any provisions of the Intellectual Property Paragraphs (A) through (I) or result in a breach of any provisions of law relating to confidentiality. D. Copyright: i. Subrecipient agrees that for purposes of copyright law, all works (as defined in Ownership, Intellectual Property Paragraph (B)(ii) of authorship made by or on behalf of Subrecipient in connection with Subrecipient's performance of this Contract shall be deemed "works made for hire." Subrecipient further agrees that the work of each person utilized by Subrecipient in connection with the performance of this Contract will be a "work made for hire," whether that person is an employee of Subrecipient or that person has entered into a contract with Subrecipient to perform the work. Subrecipient shall enter into a written Contract with any such person that (i) all work performed for Subrecipient shall be deemed a "work made for hire" under the Copyright Act and (ii) that person shall assign all right, title, and interest to County to any work product made, conceived, derived from or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract. ii. All materials, including, but not limited to, computer software, visual works or text, reproduced or distributed pursuant to this Contract that include Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract may not be reproduced or disseminated without prior written permission from County. E. Patent Rights: With respect to inventions made by Subrecipient in the performance of this Contract, which did not result from research and development specifically included in the Contract's Scope of Services, Subrecipient hereby grants to County a license as described under Intellectual Property Paragraph (C) for devices or material incorporating, or made through the use of such inventions. If such inventions result from research and development work specifically included within the Contract's Scope of Services, then County of Orange OC Community Resources MA-012-25010267 Page 36 of 52 Regional Workforce Consulting Services City Council 23 — 105 12/17/2024 EXHIBIT 2 Subrecipient agrees to assign to County, without additional compensation, all its right, title and interest in and to such inventions and to assist County in securing United States and foreign patents with respect thereto. F. Third Party Intellectual Property: Except as provided herein, Subrecipient agrees that its performance of this Contract shall not be dependent upon or include any Intellectual Property of Subrecipient or third party without first: (i) obtaining County's prior written approval; and (ii) granting to or obtaining for County's, without additional compensation, a license, as described in Intellectual Property Paragraph (C) for any of Subrecipient's or third-party's Intellectual Property in existence prior to the effective date of this Contract. If such a license upon these terms is unattainable, and County determines that the Intellectual Property should be included in or is required for Subrecipient's performance of this Contract, Subrecipient shall obtain a license under terms acceptable to County. G. Warranties: i. Subrecipient represents and warrants that: a. Subrecipient has secured and will secure all rights and licenses necessary for its performance of this Contract. b. Neither Subrecipient's performance of this Contract, nor the exercise by either Party of the rights granted in this Contract, nor any use, reproduction, manufacture, sale, offer to sell, import, export, modification, public and private display/performance, distribution, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract will infringe upon or violate any Intellectual Property right, non -disclosure obligation, or other proprietary right or interest of any third -party or entity now existing under the laws of, or hereafter existing or issued by, any State, the United States, or any foreign country. There are currently no actual or threatened claims by any such third party based on an alleged violation of any such right by Subrecipient. c. Neither Subrecipient's performance nor any part of its performance will violate the right of privacy of or constitute a libel or slander against any person or entity. d. Subrecipient has secured and will secure all rights and licenses necessary for Intellectual Property including, but not limited to, consents, waivers or releases from all authors of music or performances used, and talent (radio, television and motion picture talent), owners of any interest in and to real estate, sites locations, property or props that may be used or shown. e. Subrecipient has not granted and shall not grant to any person or entity any right that would or might derogate, encumber, or interfere with any of the rights granted to County in this Contract. County of Orange MA-012-25010267 Page 37 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 106 12/17/2024 EXHIBIT 2 f. Subrecipient has appropriate systems and controls in place to ensure that State funds will not be used in the performance of this Contract for the acquisition, operation or maintenance of computer software in violation of copyright laws. g. Subrecipient has no knowledge of any outstanding claims, licenses or other charges, liens or encumbrances of any kind or nature whatsoever that could affect in any way Subrecipient's performance of this Contract. ii. COUNTY MAKES NO WARRANTY THAT THE INTELLECTUAL PROPERTY RESULTING FROM THIS CONTRACT DOES NOT INFRINGE UPON ANY PATENT, TRADEMARK, COPYRIGHT OR THE LIKE, NOW EXISTING OR SUBSEQUENTLY ISSUED. H. Intellectual Property Indemnity: i. Subrecipient shall indemnify, defend and hold harmless County and its licensees and assignees, elected and appointed officials, officers, directors, employees, agents, representatives, successors, and users of its products, ("Indemnitees") from and against all claims, actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third party or expenses related thereto (including, but not limited to, all legal expenses, court costs, and attorney's fees incurred in investigating, preparing, serving as a witness in, or defending against, any such claim action, or proceeding, commenced or threatened) to which any of the Indemnitees may be subject, whether or not Subrecipient is a party to any pending or threatened litigation, which arise out of or are related to: a. The incorrectness or breach of any of the representations, warranties, covenants or agreements of Subrecipient pertaining to Intellectual Property; or, b. Any Intellectual Property infringement, or any other type of actual or alleged infringement claim, arising out of County's use, reproduction, manufacture, sale, offer to sell, distribution, import, export, modification, public and private performance/display, license, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subrecipient or County and which result directly or indirectly from this Contract. This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that was issued after the effective date of this Contract. County reserves the right to participate in and/or control, at Subrecipient's expense, any such infringement action brought against County. ii. Should any Intellectual Property licensed by the Subrecipient to County under this Contract become the subject of an Intellectual Property infringement claim Subrecipient will exercise its authority reasonably and in good faith to preserve County's right to use the licensed Intellectual Property in accordance with this Contract at no expense to County. County shall have the right to monitor and appear through its own counsel (at Subrecipient's expense) in any such claim or action. In the defense or settlement of the claim, Subrecipient may obtain the right for County to continue using the licensed intellectual Property or, replace or modify the licensed Intellectual Property, so that the replaced or modified Intellectual Property becomes non -infringing provided that such replacement or modification is functionally equivalent to the original licensed Intellectual County of Orange OC Community Resources MA-012-25010267 Page 38 of 52 Regional Workforce Consulting Services City Council 23 — 107 12/17/2024 EXHIBIT 2 Property. If such remedies are not reasonably available, County may be entitled to a refund of all monies paid under this Contract, without restriction or limitation of any other rights and remedies available at law or in equity. iii. Subrecipient agrees that damages alone would be inadequate to compensate County for breach of any term of these Intellectual Property Paragraph provisions (A) through (I) by Subrecipient. Subrecipient acknowledges County would suffer irreparable harm in the event of such breach and agrees County shall be entitled to obtain equitable relief, including without limitation an injunction, from a court of competent jurisdiction, without restriction or limitation of any other rights and remedies available at law or in equity. I. Survival: The provisions set forth herein shall survive any termination or expiration of this Contract or any Contract schedule. 20. Complaint Resolution Process and Grievance Procedures for Participants, Subrecipient shall comply with grievance procedures, as defined by the program's funding stream. Subrecipient shall advise participants of their right to file complaints and of the procedures for resolution of complaints. Subrecipient shall follow program's procedures for handling complaints which is available from the County's Project Manager for alleging a violation of regulations, grants or other agreements. Any decision of the County, the State or the Federal government relating to the complaint shall be binding on Subrecipient. Subrecipient shall post the entire Notice of the Grievance Procedure Process in a location that is commonly visible for program participants on its website and at its service location(s). 21. Sectarian Activities Subrecipient certifies that this Contract does not aid or advance any religious sect, church or creed for a purpose that is sectarian in nature, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination. 22. Standards of Conduct A. General Assurance. Every reasonable course of action will be taken by Subrecipient in order to maintain the integrity of this expenditure of public funds and to avoid favoritism and questionable or improper conduct. This Contract will be administered in an impartial manner, free from efforts to attain personal, financial or political gain. Subrecipient, its officers and employees, in administering this Contract, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. B. Employment of Former State or County Employees. Subrecipient will ensure that any of its employees County of Orange MA-012-25010267 Page 39 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 108 12/17/2024 EXHIBIT 2 who were formerly employed by the State of California or County, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Contract, will not be assigned to any part or phase of the activities conducted pursuant to this Contract for a period of not less than two years following the termination of such employment. C. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of Subrecipient will receive favorable treatment when considered for enrollment in programs provided by, or employment with Subrecipient. D. Conducting Business Involving Close Personal Friends and Associates. Executives and employees of Subrecipient will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Contract, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for Subrecipient to conduct business with a friend or associate of an executive or employee of Subrecipient or an elected official in the area or a staff person or consultant who is a member or officer of the Board of Directors or other official governing body of Subrecipient, a permanent record of the transaction will be retained. E. Avoidance of Conflict of Economic Interest. No executive or employee of Subrecipient, elected official in the area, or any staff person or consultant who is a member or officer of the Board of Directors or other official governing body of Subrecipient will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by Subrecipient or County. 23. Literature/Publicity Any literature distributed by Subrecipient for the purpose of apprising businesses, participants, or the general public of its programs under this Contract shall state that its program, wholly or in part, is funded through County, State and Federal government funds; are supported by the County of Orange and the Orange County Development Board and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 24. Participants A. Eligibility- Only participants who have been determined to meet all federal eligibility requirements to receive WIOA Title I Career Services and training hereunder shall be enrolled by Subrecipient in any occupational training. Determinations that participants meet federal eligibility requirements shall be made by the Orange County Workforce Solutions Center funded by County, and, when applicable, by City of Santa Ana - Regional Workforce Services. B. Benefits- Benefits shall be provided to participants in accordance with the standards and requirements set forth in the Act, including Section 181. C. Rights and Privileges- All participants enrolled in courses pursuant to the Contract shall be entitled to all the rights and privileges to which other Subrecipient students are entitled, including, but not limited to, County of Orange MA-012-25010267 Page 40 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 109 12/17/2024 EXHIBIT 2 special instruction, use of facilities on Subrecipient's premises such as the libraries and learning centers, counseling, student body activities, and veterans' benefits. Subrecipient's representatives will provide academic counseling for participants and inform them of Subrecipient's services available to them. D. Labor standards- Subrecipient shall adhere to the Labor standards described in the Act, including Section 181 of the Act, and all other applicable codes and regulations. 25. Pell Grants/HEA Title IV If Subrecipient provides any services under this Contract to applicants for or recipients of Pell Grants or awards pursuant to Title IV of the Higher Education Act, Subrecipient shall cooperate with County's Project Manager in coordinating these grants and awards with WIOA funding in accordance with 20 C.F.R. 663.320 and section 134 (d) of the Act. 26. Policies and Procedures Subrecipient shall monitor its program for compliance with the provisions of this Contract. Subrecipient shall also comply with all applicable parts of County's WIOA Policies and Procedures for recruitment, intake, assessment and referral, copies of which are available from County's Project Manager. 27. Sweat -free Code of Conduct All Subrecipients contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, or supplies have been furnished to the Subrecipient from sources that include sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Subrecipient further declares under penalty of perjury that they adhere to the Sweat -free Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. The Subrecipient agrees to cooperate fully in providing reasonable access to the Subrecipient's records, documents, agents or employees, or premises if reasonably required by authorized officials of the State or County, the Department of Industrial Relations, or the Department of Justice to determine the Subrecipient's compliance with the requirements under this paragraph. 28. S.W.A.G The Subrecipient and its SubcontractorNendors shall comply with Governor's Executive Order 2-18- 2011, which bans expenditures on promotional and marketing items colloquially known as "S.W.A.G." or "Stuff We All Get." County of Orange MA-012-25010267 Page 41 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 —110 12/17/2024 EXHIBIT 2 29. Corporate Status All corporate Subrecipients shall be registered with the California Secretary of State and shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board, or Internal Revenue service. The corporate Subrecipient shall maintain the good status standing with the Secretary of State of California throughout the term of this Contract. Any change in corporate status or suspension shall be reported by Subrecipient immediately in writing to County's Project Manager. If Subrecipient fails to maintain good standing or has failed to be in good standing at the time of the effective date of this Contract, County, in addition to all remedies available under the law and this Contract, pursuant to Termination provision of this Contract, terminate this Contract for cause. Subrecipient, by signing this Contract, does swear under penalty of perjury that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against Subrecipient within the immediately preceding two-year period because of Subrecipient's failure to comply with an order of a federal court which orders the Subrecipient to comply with an order of the National Labor Relations Board. 30. Equipment All computer -related and electronic equipment purchased with funds provided under this Contract or which are furnished to Subrecipient by County shall be considered "Equipment." This includes, but is not limited to laptops, desktop computers, iPads, cell phones, PDAs, cameras, and DVD players. Title to all items of Equipment purchased vests and will remain in County, and as such shall be designated by County's Project Manager. The use of such items of Equipment is limited to the performance of this Contract. Upon the termination of this Contract, Subrecipient shall immediately return any items of Equipment to County or its representatives or dispose of them in accordance with the directions of County's Project Manager. Subrecipient further agrees to the following: A. To maintain all items of Equipment in good working order and condition, except for normal wear and tear. B. To label all items of Equipment, do periodic inventories as required by County's Project Manager and to maintain an inventory list showing where and how the Equipment is being used, in accordance with procedures developed by County's Project Manager. All such lists shall be submitted to County's Project Manager within ten (10) days of the request, therefore Inventory lists must be maintained for four (4) years after final disposition of property. C. To report in writing to County's Project Manager immediately after discovery, the loss or theft of any items of Equipment. For stolen items, the local law enforcement agency must be contacted, and a copy of the police report submitted to County's Project Manager. D. To purchase a policy or policies of insurance covering loss or damage to any and all Equipment purchased under this Contract, in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief and special extended County of Orange MA-012-25010267 Page 42 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 —111 12/17/2024 EXHIBIT 2 perils (all risks) covering the Parties' interests as they appear. E. The purchase of any Equipment by Subrecipient shall be requested by Subrecipient in writing, shall require the prior written approval of the Administrator and shall fulfill the provisions of this Contract which are appropriate and directly related to Subrecipient's service or activity under the terms of this Contract. County may refuse reimbursement for any costs resulting from Equipment purchased, which are incurred by Subrecipient, if prior written approval has not been obtained from County's Project Manager. 31. Compliance with Law - Contract: In its performance under this Contract, Subrecipient shall fully comply with the requirements of the following, whether or not otherwise referred to in this Contract: A. WIOA and all applicable Federal statues, regulations, policies, procedures and directives, including but not limited to, 20 CFR Parts 676 through 678 and Parts 675, 679 through 687. i. All applicable standards and orders and requirements issued under Section 306 of the Clean Air Act httys://www.gpo.gov/fdsys/pkkg/USCODE-2013-title42/html/USCODE-2013-title42-chap85- subchapIII-sec7606.htm, Section 508 of the Clean Water Act and Environmental Protection Agency regulations hgps://www.gpa.gov/enforcement/clean-water-act-cwa-and-federal-facilities ii. All mandatory standards and policies relating to energy efficiency as particularized in the State Energy Conservation Plan (Title 20, California Code of Regulations), as required by the U.S. Energy Policy and Conservation Act (P.L. 94-163) as each may now exist or be thereafter amended; https://www.ecfr.gov/current/title-10/part-420 iii. Davis -Bacon Act https://www.law.comell.edu/cfr/text/29/part-5 "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction" iv. Copeland "Anti -Kickback" Act https://www.dol.gov/agencies/whd/government- contracts/copeland-anti-kickback v. Byrd Anti -Lobbying Amendment https://www.law.comell.edu/cfr/text/29/part-93 vi. Compliance with Section 6002 of the Solid Waste Disposal Act h=s://www.ecfr.gov/current/title45/section-75.331 vii. Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 hgps://www.presidency.ucsb.edu/doeuments/executive-order-11246-equal- employment-opportunity and supplemented by the requirements of 41 CFR Part 60. hops://www.law.comell.edu/cfr/text/4I /chapter-60 viii. Compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act http://law.j ustia.com/codes/us/ 1997/title4O/chap5/subchapii/sec328 B. All applicable State statues, regulations, policies, procedures and directives; C. All applicable County policies, procedures and directives; D. All applicable local ordinances and requirements, including use permits and licensing; County of Orange OC Community Resources MA-012-25010267 Page 43 of 52 Regional Workforce Consulting Services City Council 23 —112 12/17/2024 EXHIBIT 2 E. Court orders applicable to Subrecipient's operations; F. All federal and state guidance and training and employment guidance letters; and G. The terms and conditions of this Contract, including Attachments and Exhibits. Nothing in this Compliance with Law- Contract Paragraph shall limit Subrecipients obligations or County's rights or Subrecipient's obligations under Compliance with Laws Paragraph or under any other provision in the Contract. 32. Other Requirements — Program Confidentiality A. Without prejudice to or limitation of any other Section/Paragraph of this Contract, Subrecipient shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of Federal and State law. However, Subrecipient shall submit to County, the State of California and/or the United States government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of reports submitted by Subrecipient, costs incurred and services rendered hereunder. B. Subrecipient shall require all of its employees, agents, subcontractors and volunteer staff who may provide services to Subrecipient under this Contract to sign an agreement with Subrecipient before commencing the provision of any such services, to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all participants referred to Subrecipient by County, except as may be required to provide services under this Contract or to those specified in this Contract as having the capacity to audit Subrecipient, and as to the latter, only during such audit. Subrecipient shall provide reports and any other information required by County in the administration of this Contract, and as otherwise permitted by law. C. The State of California Information Practices Act of 1977 sets forth certain requirements and safeguards regarding records pertaining to individuals, including the rights of access by the subject individual and by third parties. The disclosure of information from student records is governed by the Federal Family Educational Rights and Privacy Act (FERPA) and in part by the State of California Education Code and Subrecipient Policies Applying to the Disclosure of Information and Student Records. It is the purpose of these policies to provide reasonable interpretations of those laws and to protect the student's right to privacy. The Federal Family Educational Rights and Privacy Act (FERPA) is a U.S. federal law that protects the privacy of student records. Generally, this law states schools must have written permission from the student in order to release any information from a student's education record. The Subrecipient shall be guided by the following principles: (1) the release of any personally identifiable student information to any third parties shall be managed in ways that are in compliance with FERPA and (2) the information in the student's file should be disclosed to the student upon request. Therefore, Subrecipient shall procure the written consent from students enrolled through the County allowing Subrecipient to disclose to the participants' employer, County of Orange, State of California, or U.S. Department of Labor student information such as grades, academic disputes and other matters related to a student's status as a student. Such consent shall be obtained materially in the form, titled Family Educational Rights and Privacy Act (FERPA) Authorization to Release Information to a Designated Third County of Orange MA-012-25010267 Page 44 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 —113 12/17/2024 EXHIBIT 2 Party. D. Subrecipient agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this Contract. 33. Contingent Fees The Subrecipient warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees of the Subrecipient or bona fide established commercial or selling agencies maintained by the Subrecipient for the purpose of securing business. For breach or violation of this warranty, the County shall have the right to terminate this Contract in accordance with the termination clause and at its sole discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee from the Subrecipient. 34. Transitional Requirements, One -hundred and eighty (180) days prior to the expiration/cancellation of the term of the Contract, Subrecipient shall provide the County with a plan for transitioning services provided under this Contract to the County, or third party(ies) designated by the County, upon the termination or expiration of the Contract for any reason ("Termination Transition Plan"). Subrecipient's Termination Transition Plan shall include all details necessary to guide Subrecipient, County, and other third -party vendors through the process of migrating all functions and services previously performed by Subrecipient to the County or its new designee(s) and shall include at least the following elements: a. Meets County timeline requirements; b. Details specific transition activities to be accomplished; c. Assigns responsibility for owning the execution of each transition activity; d. Assigns responsibility for all supporting roles for each transition activity; e. Includes timelines detailing expected durations for each transition activity; f. Is documented and available to all entities associated with providing services under the Contract; g. Ensures appropriate subject matter experts are assigned to plan development; and h. Identifies termination risks associated with transitioning the services. The County shall have the right to approve and request modifications to the Termination Transition Plan, and Subrecipient shall make all such modifications in a timely manner. The Parties acknowledge and agree that County's operations are dependent on the services provided under this Contract and County's inability to receive such services may result in irreparable damages to County. County of Orange OC Community Resources MA-012-25010267 Page 45 of 52 Regional Workforce Consulting Services City Council 23 —114 12/17/2024 EXHIBIT 2 The provisions of this clause shall survive the expiration or termination of this Contract. 35. Set -Off In addition to, and cumulative of, all other remedies at law, in equity or provided under this Contract, County may set off against any and all amounts otherwise payable to Subrecipient pursuant to any of the provisions of this Contract: (A) any and all amounts claimed by County in good faith to be owed by Subrecipient to County pursuant to any of the provisions of this Contract; (B) any and all amounts claimed by County in good faith to be owed by Subrecipient pursuant to any other written agreement between the Parties; and (C) any costs previously invoiced by Subrecipient that (i) have been determined by the County, or applicable California or federal authority, to be disallowed or ineligible under WIOA and/or all applicable laws, regulations, and requirements set forth in the Compliance with Law — Contract Paragraph of this Contract, and (ii) have not been reimbursed to the County after sixty -days' notice that such cost is disallowed or ineligible under WIOA. Within forty-five (45) calendar days after any such set- off by County, County shall provide Subrecipient with a written accounting of such set-off and a written statement of the reasons therefore. 36. No Termination or Suspension of Services (Continued Performance) Notwithstanding anything to the contrary contained herein, and even if any dispute arises between the Parties or Subrecipient alleges the County's breach of contract, and regardless of whether the Parties require at any time the use of any dispute resolution procedures in the Disputes — Contract Paragraph or otherwise established by the Parties in writing, or the exercise of the Set -Off Paragraph, in no event nor for any reason shall Subrecipient, during the term of the Contract, suspend or otherwise interrupt the provision of services to the County or under this Contract, interrupt any obligations of or related to a Termination Transition Plan, disable any assets used to provide services, or perform any other action that prevents, impedes, or reduces in any way the provision of services or the County's ability to conduct its activities, unless: (A) authority to do so is granted by the County's Contract Administrator (or his or her designee) in writing or conferred by a court of competent jurisdiction; or, (B) the term of this Contract has expired, or been terminated pursuant to the Termination Paragraph hereof and Subrecipient has performed all services required to complete the Termination Transition Plan to the satisfaction of the County, and the Contract Administrator has provided written notice thereof. County of Orange MA-012-25010267 Page 46 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 —115 12/17/2024 EXHIBIT 2 SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date following their respective signatures. CITY OF SANTA ANA,* Signature ATTEST: Signature Name Name Title Title Date Date 11 /20/2024 Andrea Garcia -Miller, Assistant City Attorney Signature Name Title Date RECOMMENDED FOR APPROVAL:: L .� '�� jj,' l ,( L• GarGllt iCec(,�T�`dP�'►'e�r°r Z - Signature Name Title Date �2 COUNTY OF ORANGE, A political subdivision of the State of California COUNTY AUTHORIZED SIGNATURE: Signature Name Deputy Purchasing Title Date * If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation. Co:mlr of Orange OC Communirn Resources N!A-012-25010267 Page 47 of 52 Regional Workforce Consulting Services City Council 23 -116 12/17/2024 EXHIBIT 2 ATTACHMENT A - SCOPE OF SERVICES 1. Scope of Services I. PURPOSE The purpose of this Contract is to provide Regional Workforce Consulting Services that support federally funded services offered through the Workforce Innovation and Opportunity Act (WIOA) and by the Orange County Workforce Development Board (OCWDB) and its Subrecipients for Workforce Services and Initiatives in the Orange County Region. Subrecipient shall provide Workforce Services and Initiatives as a partner in the Orange Workforce Alliance, formerly known as the Orange Regional Planning Unit. II. SERVICES Regional Planning and Implementation — Collaborate with the OCWDB in establishing and facilitating regional goals and objectives; developing regional strategies, policies, and programs as part of regional planning and infrastructure development; focus on targeted populations, communities, and/or WIOA activities as a key partner in the state identified Regional Planning Unit. a. Monitoring and Evaluation Services will also be available if needed. III. DELIVERABLES a. Subrecipient will be called upon to provide at a minimum but not limited to the following services on an as -needed basis: a. Regional Plan Implementation 5.0 i. Collaborate with OCWDB in developing establishing and facilitating a post-COVID- 19 Economic Development Strategy that supports regional goals and objectives; developing regional strategies, policies, and programs as part of regional planning and infrastructure development. ii. Collaborate with OCWDB to address the identified needs, service gaps, existing resources, and potential partnerships in the region. iii. Assist OCWDB and Regional Organizer (RO) with building community partnerships in the 4 identified industry sectors; targeting special resources to support post- COVID-19 recovery strategies focusing on race, equity, and high road economy. iv. Promote regional collaboration and support of the regional plan implementation activities. v. Attend regional workforce development board partner meetings and training. vi. Assist in the development and implementation of capacity building, training, and development opportunities for staff and partners. 1. Invoices are due on the 20t' of each month for the previous month's expenditures in accordance with the "OC Community Resources Contract Reimbursement Policy" Exhibit of County of Orange OC Community Resources MA-012-25010267 Page 48 of 52 Regional Workforce Consulting Services City Council 23 —117 12/17/2024 EXHIBIT 2 this Contract. Subrecipient has a 30- day grace period after the 20th of the month to submit the invoice, with the following exceptions: (1) the final close-out invoice must be submitted by the 15th of the month following the month being reported and (2) the invoices for May and June business must be submitted by the 15th of June and 15th of July, respectively. 2. Due dates of project and program development activities will be project -specific and will be determined at the time of the project assignment. Subrecipient will be provided access to the Project Manager who will assist with the scheduling and information needed to complete the required deliverables for said services and projects pertaining to the Orange Workforce Alliance. ATTACHMENT B - PAYMENT AND COMPENSATION 1. Compensation: This is a firm fixed fee Contract between County and Subrecipient for Regional Workforce Consulting Services as set forth in the "Scope of Services" Attachment. Subrecipient agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by Subrecipient of all its duties and obligations hereunder. Subrecipient shall only be compensated as set forth herein for work performed in accordance with the Scope of Services. County shall have no obligation to pay any sum in excess of the fixed rates specified herein unless authorized by amendment in accordance with Articles "Changes" and "Amendments" of County Contract Terms and Conditions, which may require approval by the County Board of Supervisors. 2. Fees and Charges: County will pay the fees and charges in accordance with the provisions of this Contract. Payment shall be as follows: Line Item Description Unit of nit Cost Measurement 1 City of Santa Ana — Regional Workforce Consultingeach $30,000.00 Services TOTAL NOT TO EXCEED AMOUNT OF: $30,000.00 3. Price Increase/Decreases: No price increases will be considered during the first year/term of the Contract. County requires documented proof of cost increases on Contracts prior to any price adjustment. A minimum of 30-days advance notice in writing is required for consideration of such adjustment. No retroactive price adjustments County of Orange MA-012-25010267 Page 49 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 —118 12/17/2024 EXHIBIT 2 will be considered. All price decreases will automatically be extended to County of Orange. County may enforce, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of Contract. Adjustments increasing Subrecipient's profit will not be allowed. 4. Firm Discount and Pricing Structure: Subrecipient guarantees that prices quoted are equal to or less than prices quoted to any other local, State or Federal government entity for services of equal or lesser scope. Subrecipient agrees that no price increases shall be passed along to County during the term of this Contract not otherwise specified and provided for within this Contract. 5. Subrecipient's Expense: Subrecipient will be responsible for all costs related to photo copying, telephone communications and fax communications while on County sites during the performance of work and services under this Contract. 6. Payment Terms — Payment in Arrears: Invoices are to be submitted in arrears to the user agency/department to the ship -to address, unless otherwise directed in this Contract. Subrecipient shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with Subrecipient. Billing shall cover services not previously invoiced. The Subrecipient shall reimburse the County of Orange for any monies paid to the Subrecipient for services not provided or when services do not meet the Contract requirements and/or are not eligible for reimbursement or allowable costs under WIOA and all applicable laws, regulations, and requirements set forth in Article "Compliance with Law — Contract" of this Contract. No payments will be made if any preceding months' data, reports, or invoices are outstanding, unless otherwise approved by the Administrator. No payments will be made for costs incurred by Subrecipient which are not "allowable costs" applicable to Subrecipient under 2 CFR Part 200. Whenever Subrecipient is not in compliance with any provision of this Contract, County's Project Manager, may withhold payment or a portion thereof until such time Subrecipient comes into compliance. County shall promptly review invoices submitted by Subrecipient and, within thirty (30) days after receiving each invoice, County shall either: (a) approve such invoice in its entirety; or (b) notify Subrecipient, in writing, of those portion(s) of such invoice that are denied, together with the reasons stated therefore (i.e. disallowed cost, lack of documentation, etc.). County's Project Manager, also reserves the right to refuse and withhold payment to Subrecipient for later disallowed costs; or for any expenditure determined by County's Project Manager, not to be in compliance with this Contract, or unrelated to activities for which this Contract provides, or inappropriate to such activities; or for which there is inadequate supporting documentation presented; or for which prior approval was required but was either not requested or not granted. Payment to Subrecipient may be refused until County receives reimbursement from Subrecipient for any Subrecipient outstanding disallowed costs. County of Orange MA-012-25010267 Page 50 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 —119 12/17/2024 EXHIBIT 2 Total Monthly Costs may exceed one -twelfth of the Maximum Obligation of County. Upon receipt of sufficient written justification from the Subrecipient, as determined in the sole discretion of the County's Project Manager, or designee, the Project Manager, has the discretion, in any given month, to pay over the monthly one -twelfth of the Maximum Obligation. Payments made by County shall not preclude the right of County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services. 7. Taxpayer ID Number: Subrecipient shall include its taxpayer ID number on all invoices submitted to County for payment to ensure compliance with IRS requirements and to expedite payment processing. 8. Payment — Invoicing Instructions: Subrecipient will provide an invoice on Subrecipient's letterhead for goods delivered and/or services rendered. In the case of goods, Subrecipient will leave an invoice with each delivery. Each invoice will have a number and will include the following information: A. Subrecipient's name and address B. Subrecipient's remittance address, if different from "a" above C. Subrecipient's Taxpayer ID Number D. Name of County Agency/Department E. Delivery/service address F. Contract MA-012-25010267 G. Requisition 1695378 H. Agency/Department's Account Number I. Date of invoice J. Product/service description, quantity, and prices K. Sales tax, if applicable L. Freight/delivery charges, if applicable M. Total Program Invoice(s) must be emailed to the following address: Email: einvoice(ir occr.ocgov.com 9. Payment (Electronic Funds Transfer (EFT): County of Orange offers Subrecipients the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also County of Orange MA-012-25010267 Page 51 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 120 12/17/2024 EXHIBIT 2 receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to The County of Orange via an EFT Authorization Form. To request a form, please contact the agency/department Procurement Buyer listed in Contract. Upon completion of the form, please mail, fax or email to the address or phone listed on the form. 10. Close -Out Deadlines The close-out invoice is due on April 15, 2025, without exceptions. In cases of returned invoices due to errors or Disallowed costs, Subrecipient must resubmit revised invoice(s) within two (2) business days of notification from County. Request for budget modifications and/or invoice revisions from the Subrecipient will be restricted to a minimum for June or final program month invoices and will only be allowed at the County's discretion. Subrecipient must submit the final program month invoice estimates by February 31, 2025. Estimates must be projected based on anticipated actual expenditure. Invoices submitted or received after the close-out period will not be reimbursed. County of Orange MA-012-25010267 Page 52 of 52 OC Community Resources Regional Workforce Consulting Services City Council 23 — 121 12/17/2024 EXHIBIT 2 ATTACHMENT C FEDERAL AWARD IDENTIFICATION INFORMATION The General Program Requirements were designed to provide the framework where the Contractor will provide Regional Workforce Consulting Services identified in this attachment. I. GOVERNANCE Contractor agrees to comply, remain informed, and deliver services consistent with the provisions of the Workforce Innovation and Opportunity Act (WIOA), County of Orange, Orange County Workforce Development Board (OCWDB) Policies, and Orange County Regional and Unified Local Plan 2021-2024. Where local policy has not been set, Contractor agrees to adhere to state and/or federal policy, as appropriate. II. GOVERNANCE REFERENCES A. Workforce Investment Act/Workforce Innovation and Opportunity Act - Department of Labor, Employment and Training Administration, 20 CFR Part 652 et al. Workforce Investment Act; Final Rules/WIOA 20CFR Part 676, 677 and 678. B. Department of Labor, Employment and Training Administration, 20 CFR Part 652 et al. Workforce Investment Act; Final Rules/WIOA 20CFR Part 676, 677 and 678. C. Additional state and federal agencies that provide funding to the County of Orange/ OC Community Resources/OC Community Services/Workforce & Economic Development Division that may be incorporated herein. D. Information Bulletins, Directives and any other federal and state guidance documents pertaining to the WIOA. E. All Actions, directives, and policy and procedures issued by OC Community Resources/ OC Community Services/Workforce & Economic Development Division/Orange County Workforce Development Board (OCWDB) or staff relevant to this CONTRACT, specifically Management Information System (MIS) Policies and Procedures, Monitoring Guide Policy and Procedure, Audit Requirements Policy and Procedure and Selective Service Policy and Procedure. F. County of Orange policies, as applicable. III. CONTRACTOR/SUBRECIPIENT DETERMINATION In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor determination) and for the purpose of this Contract, City of Santa Ana is determined to be a Contractor. City Council 23 — 122 12/17/2024 EXHIBIT 2 IV. FEDERAL AWARD IDENTIFICATION FAIN INFORMATION A. Contractor Name: City of Santa Ana/Santa Ana Workforce Development Board B. Contractor's Unique Entity KZE9G2M4GRX9 Identification (SAM): C. Federal Award Identification See Table F Number (FAIN): D. Federal Award Date: See Table F E. Subaward Period of Performance: Upon Execution — 03/31/2025 F. Total Amount of Federal Funds $30,000.00 Obligate b the Action: CFDA FAIN Award Date Funds Amount Regional Plan TBD TBD 01/1/2023— 03/31/2025 Implementation $30,000 5.0 RPI) Grant TOTAL: $30,000 G. Total Amount of Federal Funds $30,000 Obligated to the Contractor: H. Total Amount of the Federal $131,250.00 Award: I. Federal Award Project Regional Plan Implementation 5.0 (RPI) Grant Description: J. Federal Awarding Agency: California Workforce Development Board K. Name of PTE: Employment Development Department and County of Orange L. Contact Information for the Renee Ramirez, Director of Orange County Community Awarding Official: Services Phone Number: (714) 480-6483 E-mail Address: renee.ramirez@occr.ocgov.com M. CFDA Number and Name: See Table F N. Whether Award is R&D: No O. Indirect Cost Rate for the Federal 10% Cap Award: City Council 23 — 123 12/17/2024 EXHIBIT 2 ATTACHMENT D BUDGET REGIONAL WORKFORCE CONSULTING SERVICES BUDGET The CONTRACT total shall not exceed $30,000.00. Each project description and corresponding budget under this CONTRACT shall be mutually determined and agreed upon by COUNTY and CONTRACTOR. Project descriptions shall be in Attachment A, herein and corresponding project budgets shall be listed in Attachment D herein. Activities PY 2022-2023 Regional Plan Implementation (RPI) 5.0 Grant Code: 1266 $30,000.00 End Date: March 31, 2025 Total: $30,000.00 City Council 23 — 124 12/17/2024 EXHIBIT 2 ATTACHMENT E STAFFING PLAN Title FTE* Economic Development Specialist III .14 TOTAL: .14 * 1.00 FTE = Full -Time Equivalent The substitution or addition of other key individuals in any given category or classification shall be allowed only with prior written pre -approval of the County Project Manager. The Parties agree that the County has the right to require other or additional personnel to perform services under the Contract, as required. The specific individuals will be assigned based on the need and time of the service/class required. Assignment of additional key personnel shall be subject to County approval. City Council 23 — 125 12/17/2024 E%1Pli Tjt3 DRUG FREE WORKPLACE CERTIFICATION Company/Organization Name _City of Santa Ana The Contractor or grant recipient named above hereby certifies compliance with Government Code 8355 in matters relating to providing a drug -free workplace. The above named Contractor will: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying the actions to be taken against employees for violations of the prohibitions, as required by Government Code Section 8355(a). 2. Establish a Drug Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: A. The dangers of drug abuse in the workplace, B. The person's or organization's policy of maintaining a drug -free workplace, C. Any available drug counseling, rehabilitation and employee assistance programs, and D. Penalties that may be imposed upon employees for drug abuse violations 3. Provide as required by Government code Section 83551 that every employee who works on the proposed contract or grant A. Will receive a copy of the company's drug -free policy statement described in paragraph (1) above, and B. Will agree to abide by the terms of the company's statement as a condition of employment in the contract or grant. CERTIFICATION 1, the official named below, hereby swear that 1 am duly authorized legally to bind the contractor or grant recipient to the above described certification. Official's Name Date Executed Orange County, California Executed in the County of Contractor or Grantee Recipient Signature and Title City Council 23 — 126 12/17/2024 E X I xl KTit 3 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and suspension, 29 CFR Part 98.510, Participants' responsibilities. The regulations were published as Part VI I of the May 26, 1988 Federal Register (pages 19160-19211) (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION) (1) The contractor or grant recipient of Federal assistance funds certifies, by submission of this exhibit document, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the contractor or grant recipient of Federal assistance funds is unable to certify to any of the statements in this certification, the contractor or grant recipient shall attach an explanation to this exhibit document. Name Title Authorized Signature Date City Council 23 — 127 12/17/2024 EXI�IRTit3 DEBARMENT AND SUSPENSION CERTIFICATION - Instructions for Certification 1. By signing and submitting this exhibit document, the contractor or grant recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in the clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the contractor or grant recipient of Federal assistance funds knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The contractor recipient of Federal assistance funds shall provide immediate written notice to the County of Orange/Workforce Investment Board to which this certification document is submitted if at any time the contractor or grant recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The contractor or grant recipient of Federal assistance funds agrees by submitting this certification document that, should the covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 5. The contractor or grant recipient of Federal assistance funds further agrees by submitting this certification document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. The contractor or grant recipient in a covered transaction may rely upon a certification of a contractor or grant recipient in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The contractor or grant recipient may decide the method and frequency by which it determines the eligibility of its principals. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the contractor or grant recipient is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if the contractor or grant recipient in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. City Council 23 — 128 12/17/2024 EXVxl i�Tit3 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose award documents for all* subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all* subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. Grantee/Contractor Organization City of Santa Ana Name Title Authorized Signature Date *Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB). City Council 23 — 129 12/17/2024 EXHIBIT 2 Exhibit 4 INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C, section 1352. The filing of a form is required for each. payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with a covered Federal action. Use the SF LLL-A Continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying is and has been secured to influence the outcome of a covered action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include congressional district. if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e. g. the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts. subgrants and contract awards under grants. 5. If the organization filing the report, in item 4 checks "Subawardee", then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include congressional district, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e. g. Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number the contract, grant. or loan award number; the application proposal control number assigned by the Federal agency). Include prefixes, e.g., 'RFP DE 90 09." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the primary entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report enter he cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in kind contribution, specify the nature and value of the in kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted and the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF LLL A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 0046) Washington D.C., 20503. City Council 23 — 130 12/17/2024 EXHIBIT 2 Exhibit 4 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.0 1352 1. Type of Federal Actions: 2. Status of Federal Actions: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change C. cooperative agreement C. post -award d. loan For material change only: e. loan guarantee Year: Quarter: f. loan insurance I I Date of last report: 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is a Subawardee: Prime Subawardee Enter Name and Address of Prime: Tier if known Congressional District, if known: Con ressional District, if known: 6. Federal Department / Agency: 7. Federal Program Name/Description 8. Federal Action Number, if known: 9. Award Amount, if known: 10a. Name and Address of Lobbying Entity 10b. Individual Performing Services (if individual, last name, first name, MI): (including address if different from No. 10a) (last name, first name, MI): attach Continuation Sheets SF-LLL-A, if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $ Actual a. retainer Planned b. one-time free C. commission 12. Form of Payment (check all that apply): a. cash d. contingent fee b. in -kind: specify: e. deferred nature: f. other specify: value: 14. Enter Description of Services performed or to be Performed and date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated on item 11: 15. Continuation sheets SF-LLL-A attached: ❑ Yes ❑ No 16. Information requested through this form authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying activities is a Signature: material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information Print Name: will be reported to the Congress semiannually and will be available for public inspection. An person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not Title: more than $100,000 for each such failure. Telephone No: Date: City Council 23 — 131 12/17/2024 EXHIBIT 2 Exhibit 4 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Approved by OMS - 0348-0046 Reporting Entity: Page of BILLING CODES 3410-01 -C; 6450-01-C; 6890-01 ;6025-01-C; 7510-01-C , 35 1 0-FE-C; 8120-01 -C; 4710-24-C, 6116-01 -C, City Council 23 — 132 12/17/2024 ERR MT52 O R A N G E C O U N T Y dccommunity Resources Our Community. Our Commitment. Subject: OC Community Resources Contract Reimbursement Policy Effective: July 1, 2010 Revised: January 17, 2020 PURPOSE: This policy contains updated fiscal documentation requirements for contract reimbursement for OC Community Services and OC Housing & Community Development. The procedures provide instructions for submitting reimbursement demand letter or invoice. REFERENCES: Executed County Board of Supervisors approved contract Budget included in contract or presented as an attachment 48 CFR Part 31 Contract Cost Principles and Procedures 24 CFR Parts 85, 570.502, 570.201, 576.21, 576.51 and 576.61: For OC Housing & Community Development Contracts only. 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) BACKGROUND: The executed Board of Supervisors approved contract is the authorization for all aspects of payment, including the maximum amount to be paid, the payee, and the scope of services and work. Payments are made in strict accordance with the contract terms. Allowable costs are identified in referenced Uniform Guidance and Code of Federal Regulations (CFR). ATTACHMENTS: Reimbursement Policy Status Form (RPS-1) POLICY: Contractor is responsible for the submission of accurate claims. This reimbursement policy is intended to ensure that the Contractor is reimbursed based on the code or codes that correctly describe the services provided. This information is intended to serve only as a general reference resource regarding OC Community Services' and Housing & Community Development reimbursement policy for the services described and is not intended to address every aspect of a reimbursement situation. Accordingly, OC Community Services and OC Housing & Community Development may use reasonable discretion in interpreting and applying this policy to services provided in a particular case. Other factors affecting reimbursement may supplement, modify or, in some cases, supersede this policy. These factors may include, but are not limited to: legislative mandates and County directives. OC Community Services and OC Housing & Community Development may modify this reimbursement policy at any time by publishing a new version of the policy. However, the information presented in this policy is accurate and current as of the date of publication. Cost incurred by Contractor must be substantiated and incurred during the contract period. Total of all reimbursements cannot exceed the amount of the contract. Cost must be allowable under applicable Code of Federal Regulations (CFR) or Uniform Guidance. All supporting documentation for reimbursement must be submitted with demand letter or invoice. If contract requires matching contribution, documentation substantiating contribution match must be submitted with demand letter or invoice. City Council 23 — 133 12/17L2024 age 1 of 2 EXHIBIT 2 At any time, based on County's business needs and/or Contractor's performance, the County may designate Contractor to submit abbreviated or comprehensive documentation, as identified in the respective sections. Upon designation, Contractor will be notified, in writing via Reimbursement Policy Status Form, of which requirements are in full force. When Contractor is required to submit comprehensive documentation, in addition to the items identified in the Abbreviated Documentation Requirements Section, Contractor must also provide the documentation identified in the Comprehensive Documentation Requirements Section. PROCEDURES: Abbreviated Documentation Requirements Compile and submit: 1. Supporting documentation includes, but is not limited to: a. General ledger/expense transaction report b. Payroll register or labor distribution report c. Payroll allocation plan d. Personnel Documentation e. Benefit plan and calculation of benefit f. Employer -employee contract for non -customary benefits (if applicable) g. Pre -approval documentation for equipment purchases equal to or greater than $5,000 2. The following is required with the first month's invoice only: a. Cost allocation plan for rent, utilities, etc. b. Indirect rate approved by cognizant agency (if applicable) 3. Summary of leveraged resources (if applicable) 4. Demand letters must contain the following certification (if required by Contract): "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31 Sections 3729-3730 and 3801-3812)" 5. Grantee Performance Report (if required by Contract) 6. Supporting documentation shall be on single -sided sheets 7. Please redact employees' Social Security Number from payroll reports 8. Demand letter or invoice, along with supporting documentation shall be submitted to: OC Community Resources Accounting 601 N. Ross St., 6th Floor Santa Ana, CA 92701 Comprehensive Documentation Requirements In addition to abbreviated documentation, compile and submit: 9. Purchase orders, invoices, and receipts 10. Cashed checks 11. Check register 12. Consultant/sub-contractor invoices (with description of services) 13. Travel expense documentation: mileage reimbursement, hotel bill, meal reimbursement ACTION: Distribute this policy to all appropriate staff INQUIRIES: Inquiries may be directed to OCCR Accounts Payable at: OCCRAccountsPayable@occr.ocgov.com City Council 23 — 134 12/17L2024 age E�A§JT�? O R A N G E C O U N T Y CSC Communi ty Resources Our Community. Our Commitment. Reimbursement Policy Status Form Per OC Community Resources Contract Reimbursement Policy, in regards to the Contract # listed herein, Contractor is designated with the Documentation Status of Abbreviated unless Comprehensive is checked below. If the contractor's designation should change to Abbreviated, a new status form shall be approved. All related documentation requirements are in full force, until further notice. Contractor: City of Santa Ana Contract M MA-012-24010260 Effective Date: Upon Execution Documentation Status: ❑ Abbreviated ® Comprehensive ************************************************************************************************************* Program Authorization by: Auditor Controller Authorization by: Print Name Print Name Signed by: Signed by: Date: Two signatures are required to implement the form. Mctrihi itinn - Contractor Auditor Controller Contract File Program File Date: Rei i y ounci 23 — 135 12/17/2024 ') Community Development Agency www.santa-ana.org/community-development Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Application for Prohousing Incentive Program Grant Funds AGENDA TITLE Application for the State of California Department of Housing and Community Development Prohousing Incentive Program RECOMMENDED ACTION 1. Adopt a resolution authorizing the City Manager to apply for up to $1 million in grant funding from the State of California Department of Housing and Community Development (HCD) Prohousing Incentive Program. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING INCENTIVE PROGRAM FUNDS 2. If awarded Prohousing Incentive Program grant funding from HCD, authorize the City Manager to execute an agreement with the State of California, in the form of HCD's "Standard Agreement," for receipt of the Prohousing Incentive Program grant funding for an amount up to $1 million, and any other documents required by HCD to secure the grant, if approved, as to form by the City Attorney. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Prohousing Incentive Program (PIP) is intended to increase participation in HCD's Prohousing Designation Program by pairing the designation with an impactful award grant. This PIP complements the Prohousing Designation Program by encouraging cities and counties to earn the Prohousing designation. In 2019, Assembly Bill 101 (AB 101) created the Prohousing Designation Program, managed by HCD. This noncompetitive program requires jurisdictions to meet State of California (State) housing laws and Housing Element requirements, as well as adopt or propose local policies that support Prohousing goals, ultimately earning them the designation of a "Prohousing city." On October 15, 2024, the City Council adopted a resolution authorizing the submission of an application for the Prohousing Designation Program to obtain this designation from HCD. City Council 24 — 1 12/17/2024 Application for Prohousing Incentive Program Grant Funds December 17, 2024 Page 2 On August 15, 2024, HCD issued a Notice of Funding Availability (NOFA) for the third round of the HCD PIP (PIP Round 3). To be eligible for the PIP Round 3, jurisdictions must have received their Prohousing designation by December 31, 2024. The application deadline for the PIP Round 3 is also December 31, 2024. Afterward, HCD will evaluate applicants who meet the program's threshold requirements and rank them based on their Prohousing Designation score. For this round, approximately $8 million in funding is available, and awards can be used for planning and implementation activities related to housing and community development. Eligible applicants will receive a base award based on population size (for cities with populations between 300,000 and 749,999, this amount is $1,000,000). In addition, applicants may qualify for a bonus award of up to $500,000, calculated by multiplying their Prohousing Designation score by $10,000. For instance, a jurisdiction with a Prohousing Designation score of 35 could receive a bonus of $350,000, in addition to the base award. The application for the PIP program must include a resolution approved by the City Council (Exhibit 1). Additionally, before funds can be awarded, the City of Santa Ana (City) must meet several requirements: it must have adopted a compliant Housing Element, submitted a legally sufficient Annual Progress Report, obtained the Prohousing Designation, and complied with relevant State and Federal housing laws. For PIP Round 3, the City is applying for $1 million in funding and a bonus award to support the development of affordable rental and ownership housing. These funds will be directed toward projects that aim to increase the supply of affordable housing units, in line with the City's commitment and requirements in the Housing Element. The funds will be used for development activities related to affordable housing, ensuring that the City remains in compliance with State and Federal housing requirements while advancing local housing goals. This application, which supports Santa Ana's pursuit of a Prohousing city designation, will help fund critical housing initiatives, fostering long-term growth and stability within the community. FISCAL IMPACT If approved by HCD, the City would be eligible to receive a minimum of $1,000,000 in HCD PIP funds. Those funds would be recognized at a later date. However, there is no fiscal impact associated with this item. EXHIBIT(S) 1. Resolution Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, City Manager City Council 24 — 2 12/17/2024 EXHIBIT 1 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, PROHOUSING INCENTIVE PROGRAM FUNDS WHEREAS, pursuant to Health and Safety Code 50470 et. seq., the California Department of Housing and Community Development ("Department") is authorized to issue Guidelines as part of an incentive program (Prohousing Incentive Program or "PIP" or "Program"); and WHEREAS, the City Council of the City of Santa Ana desires to submit a PIP grant application package ("Application"), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and WHEREAS, the Department has issued Guidelines and Application on August 2024 in the approximate amount of $8,000,000 for PIP. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: SECTION 1. The City Manager or the City Manager's designee is hereby authorized and directed to submit an Application to the Department in response to the NOFA and to apply for the PIP grant funds in a total amount not to exceed $1,000,000; SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager or the City Manager's Designee is authorized and directed to enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement ("Standard Agreement") for the amount of $1,000,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant's obligations related thereto, and all amendments thereto; and SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to Resolution No. 2024-XXX Page 1 of 2 City Council 24 — 3 12/17/2024 EXHIBIT 1 use the funds for eligible uses and allowable expenditures in the manner presented and identified in the approved Application. SECTION 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 17th day of December, 2024. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney g (&', 4 a �t-t 4, (4—�t Andrea Garcia -Miller Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Valerie Amezcua Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 12024. Date: City Clerk City of Santa Ana Resolution No. 2024-XXX Page 2 of 2 City Council 24 — 4 12/17/2024 Police Department www.santa-an.org/pol ice Item # 25 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: FY 2022 Urban Area Security Initiative Program Additional Funding AGENDA TITLE Adopt a Resolution, Authorize Award Amendment, and Approve an Appropriation Adjustment Accepting Additional FY 2022 Urban Area Security Initiative Grant Program Funds (Non -General Fund) RECOMMENDED ACTION 1. Adopt a resolution authorizing and directing the City Manager and the Chief of Police or their designee(s) to accept an additional $36,500 in FY 2022 Urban Area Security Initiative Funding, increasing the sub -recipient award from $1,927,800 to $1,964,300. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN AREA SECURITY INITIATIVE SUB -RECIPIENT FUNDING AND APPROPRIATION ADJUSTMENT 2. Approve an Appropriation Adjustment recognizing additional FY 2022 Urban Areas Security Initiative in the amount of $36,500 in revenue account and appropriate same in the FY 2022 Urban Areas Security Initiative Program Grant expenditure accounts. (Requires five affirmative votes) 3. Authorize the City Manager and Chief of Police to execute the Grant Sub -Recipient Award Amendment #2 with the City of Anaheim for the FY 2022 Urban Area Security Initiative Grant Program (Agreement No. 2024-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The Urban Area Security Initiative (UASI) program is approved by Congress through the Consolidated Appropriations Act of 2022 and implemented by the U.S. Department of Homeland Security (DHS) through the Federal Emergency Management Agency City Council 25 — 1 12/17/2024 FY 2022 Urban Area Security Initiative Program Additional Funding December 17, 2024 Page 2 (FEMA), to assist high -density urban areas to strengthen the nation's communities against potential terrorist attacks and other hazards. The UASI program provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for training, planning, equipment, exercises, and technical assistance. In FY 2006, the DHS established a combined UASI in the Orange County Urban Area called the Anaheim/Santa Ana Urban Area (ASAUA) UASI. The City of Santa Ana now shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. The City of Anaheim is the lead agency for FY 2022 funding and is therefore the UASI Sub -Grantee, with Santa Ana designated as a sub -recipient through Anaheim. The Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim/Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim/Santa Ana Urban Area. The City of Santa Ana will work in collaboration with the City of Anaheim to implement complementary strategies for responding to acts of terrorism. The FY 2022 funds support the Homeland Security Training and Exercise Program to enhance capabilities across multiple disciplines and jurisdictions in areas such as active shooter, mass gathering and civil disturbances, cyber security, emergency management, and advanced life-saving techniques. This appropriation adjustment will add $36,500 to the current grant award of $1,927,800 for a new total grant award of $1,964,300. The funding will be used to support a new training facility and additional regional training for law enforcement. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the appropriation adjustment will recognize $36,500 in the FY 2022 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to the Urban Area Security Initiative expenditure account for projected expenditures as follows: Fiscal Accounting Unit Fund Accounting Unit — Amount Year — Account No. Description Account No. Description UASI Cal OES FY 24-25 12514491-62300 OES UASI Anaheim, Contract $ 8,000 Services -Professional UASI Cal OES FY 24-25 12514491-66200 OES UASI Anaheim, Buildings & $28,500 Building Improvements Total $36,500 City Council 25 — 2 12/17/2024 FY 2022 Urban Area Security Initiative Program Additional Funding December 17, 2024 Page 3 The amount shown above is an estimate based on projected grant projects. Any remaining balances not expended at the end of each fiscal year will be presented to the City Council for approval of carryovers to the subsequent fiscal year if the grant performance period is extended. EXHIBIT(S) 1. Resolution 2. FY 2022 Award Amendment #2 Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Alvaro Nunez, City Manager City Council 25 — 3 12/17/2024 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN AREA SECURITY INITIATIVE SUB -RECIPIENT FUNDING AND APPROPRIATION ADJUSTMENT 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 United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism. B. In FY 2006, the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2022, Anaheim will be the lead administrative agency for UASI funding. C. On October 17, 2023, the City Council of the City of Santa Ana adopted Resolution No. 2023-069, to accept a funding award from the City of Anaheim for the in FY 2022 Urban Area Security Initiative in the amount of $1,822,800. D. On November 21, 2023, the City Council of the City of Santa Ana adopted Resolution No. 2023-076, to accept an additional funding award from the City of Anaheim for fiscal year 2022 UASI in the amount of $105,000, increasing the overall funding to the City of Santa Ana in the amount of $1,927,800. E. The City of Santa Ana was notified that additional funds have been awarded from the City of Anaheim for fiscal year 2022 UASI in the amount of $36,500 to support ongoing City projects. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designee(s) to accept an additional $36,500 in FY 2022 Urban Areas Security Initiative funding, increasing the sub - recipient award from $1,927,800 to $1,964,300. City Council 25 — 4 eso u iT2NO f 2 Section 3. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2022 Urban Area Security Initiative in the additional amount of $36,500 and appropriates the same in the FY 2022 Urban Area Security Initiative Program Grant expenditure accounts. 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 17t" day of December, 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sorl'a R. Carvalho, City Attorney By: amara Bogosian Sr. Assistant City Attorney NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on December 17, 2024. Date: City Clerk City of Santa Ana PaSe% If oiin i 25 — 5 12/17/2024 9 100MMIM3N1i► FY2022 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT SUB -RECIPIENT AWARD AMENDMENT Federal Grant # 2022-0043 Cal OES Grant # UEI # KZE9G2M4GRX9 059-95010 Amendment# 2 Sub -Recipient Performance Period 08/09/2023 to This amendment is between the City of Anaheim and the Grant Sub -Recipient: City of Santa Ana 03/31/2025 The Sub -Recipient agrees to the amendment of the Grant Sub -Recipient Award Agreement as specified below: Increase the FY2022 UASI sub -recipient award allocation to the City of Santa Ana for the following projects as follows: 032—Training Facility (NP) $228,500 043 — Regional Training Program -Terrorism I, II, and III (NP) $83,000 The amended FY2022 UASI sub -recipient award allocation to the City of Santa Ana is $1,964,300 (not to exceed). All other provisions of this agreement shall remain as previously agreed upon. Please refer to the FY22 ASAUA Sub -Recipient Grant Guide for all reporting and reimbursement deadlines associated with the sub -award agreement. Richard LaRochelle, Jr. - Lieutenant City of Anaheim Authorized Signature faoFfPT F-oDRZCY Printed Name AUTHORIZED AGENT Date Z Title CFDA #97.067 Grant #2022-0043 Cal OES ID #059-95010 City Council 25 — 6 12/17/2024 Public Works Agency www.santa-ana.org/public-works Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: OCTA Funding Program Eligibility Requirements AGENDA TITLE Resolution Approving the Submission of the Fiscal Year 2023-24 Measure M2 Year -End Expenditure Report RECOMMENDED ACTION Adopt a resolution approving the Measure M2 Annual Expenditure Report for Fiscal Year 2023-24 and authorize submission of the report to the Orange County Transportation Authority as required by Measure M2 Funding Eligibility Guidelines. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE MEASURE M2 EXPENDITURE V21as] :i2go] :aIaEel 111VK61 y_1►111/_T_1►/_1 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION In November 1990, Orange County voters approved Measure M, a 20-year one -half - cent sales tax to fund transportation projects in Orange County. Sixteen years later, in November 2006, the voters again approved the Renewal of Measure M (M2) for an additional 30 years. Once becoming effective in April 2011, the net revenues generated by M2 contribute to two types of funding: Local Fair Share (LFS) and Competitive Grants. All Orange County cities are eligible for Competitive Grants and LFS funding which is distributed based on population, number of existing Master Plan of Arterial Highways centerline miles, and taxable sales. There are a total of 13 M2 eligibility requirements; fulfilling these requirements allows the City to continue to qualify for M2 funding in future years. Each year local agencies are required to submit documentation to the Orange County Transportation Authority (OCTA) that includes the End of Year Expenditure Report adopted via Resolution. The Expenditure Report (Exhibit 1) is a detailed financial document which is used to track and validate financial activity related to M2 Program City Council 26 — 1 12/17/2024 Resolution to Approve Measure M2 Expenditure Report December 17, 2024 Page 2 funds. The report accounts for receipt, interest earned, and use of M2 funds while delineating the distribution of actual revenue and expenditures consistent with requirements. Adoption of the Measure M2 Annual Expenditure Report by Resolution (Exhibit 2) is a required eligibility element that must be submitted within six months of the jurisdiction's fiscal year end. Staff recommends that the City Council adopt a resolution to continue M2 funding eligibility. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Approval of the Recommended Action will maintain the City's eligibility to receive Measure M2 funds annually. Upon renewal of Measure M2 eligibility, the City of Santa Ana is anticipated to receive over $6 million in LFS funds and potentially over $8 million in M2 competitive grant funds for Fiscal Year 2024-25. If the Recommended Action is not approved, the City will lose access to all Measure M2 funding. EXHIBIT(S) 1. Measure M2 Year -End Expenditure Report 2. Resolution — M2 Year -End Expenditure Report Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 26 — 2 12/17/2024 EXHIBIT 1 City of Santa Ana Schedule 1 M2 Expenditure Report Fiscal Year Ended June 30, 2024 Beginning and Ending Balances Description Line No. Amount Interest Balances at Beginning of Fiscal Year ...........................................................................................................................................................�......,�.....,�..,.,� 1 (100,123) A-M Freeway Projects ................................................................................................................................................................................................................................................................................................... O Regional Capacity Program (RCP) 2 1 (32,567,031) 223,582 P Regional Traffic Signal Synchronization Program (RTSSP) 3 $ (500,818) $ 8,499 ............................................................................................................................................................................................................................................................................................................................................................... Q Local Fair Share^ 4 14,568,372 ................................................................. 263,233 ................................................................................................................................................................................................................................................................................ R High Frequency Metrolink Service 5 ..................................................... - - ............................................................................................................................................................................................................................................................ S Transit Extensions to Metrolink 6 292,230 $ - T Convert Metrolink Station(s) to Regional Gateways that 7 $ $ U V ..........1. W X .....................C..._ Senior Mobility Program or Senior Non -Emergency Medical Program Community Based Transit/Circulators ..................................................................................................................................................................................................................................... Safe Transit Stops ..... .......................................... : Environmental Cleanup Program (Water Quality) ........................................................................................................................................................................................................................................................................................................................................................................ Other* 8 9 10 11 12 $ $ 643,150 _ 5 920 (154,911) = $ ..............................................................................� $ .................................................................................... $ 12,090 _ - 1,693 - Balances at Beginning of Fiscal Year 13 $ (17,825,051) 509,097 Monies Made Available During Fiscal Year 14 8,391,205 28,666 Total Monies AvailableLines13 & 14).........................................................................................1 I i� ............. $ (4384)I diDuing 9,332,437 �.................................................53�? Balances at End of Fiscal Year A-M ..................................................................................................................................................................................................... Freeway Projects.........................................................................................................................................................................................................17.............. 100 123 - O Regional Capacity Program (RCP) .......................................................................................................................................................... 18 (33,240,330) 226,719 P Regional Traffic Signal Synchronization Program (RTSSP) 19 $ (500,818) $ 8,499 Q ................................................................................................................................................................................................................................................................................................ Local Fair Share ........................................................................................................................................................................................................................................................... 20 14,695,530 ............................................... 278,189 R High Frequency Metrolink Service ............................................................................................................................................................................................................................................................... 21 - - S Transit Extensions to Metrolink ...................................................................................................................................................... 22 292,230 $ _ T Convert Metrolink Station(s) to Regional Gateways that 23 $ $ .....................:... connect Orange County with High -Speed Rail Systems ................................................................................................................................................................................................................................ U Senior Mobility Program or Senior Non -Emergency Medical 24 $ 631,040 $ 21,105 ;Program .......V........).Community Based Transit. Circulators...................................................................................................................25.................. ................................................................................Z.. _ W Safe Transit Stops.. (1,032,121) $ - X.........Environmental Cleanup Program (Water Quality)...................................................................2 .26........... ............. 488,308 ...........................................................3,251 Other* 28 _ $ _ * Please provide a specific description ^Including additional $89,585 to adjusted Local Fair Share balance per FY17-18 Agreed -Upon Procedures Review. City Council 26 — 3 12/17/2024 City of Santa Ana Schedule 2 M2 Expenditure Report Fiscal Year Ended June 30, 2024 Sources and Uses Description Line Amount Interest No. Revenues: AMEM - .................................................................................................................................................................................................................................................................................. A-M Freeway Projects 1 _ .....................:......................................................................................................................................................................................................................................................................................................................................................................................... ......:Regional Capacity.Program...(RCP)...............................................................................................................................................................................................................................1,294,965 ...........................................................-... 3,137 P :Regional Traffic Signal Synchronization Program (RTSSP) 3 1 _ - Q ;Local Fair Share ............................................................................................................................................................ 4,,,,,,,,,,,,,,, 6,173,856,,,,,,,,,,,, 14,956 High h Fre uenc.......Metrolinkservice 5 _ ..........�......................9.....................Y................................................................................................................................................................................................................................................ S :Transit Extensions to Metrolink ....................................................................................................................................................................... 6 - T Convert Metrolink Station(s) to Regional Gateways that connect 7 $ $ Orange County with High -Speed Rail Systems .............................................................................................................................................................................................................................................................................................................. U -Senior Mobility Program or Senior Non -Emergency Medical Program 8 9 ........................................... 279,164 - 9,015 V Community Based Transit/Circulators W -Safe Transit Stops 10 _ - ........................................................................................................................................................................................................................................................................................................................................... X E„ nvironmental Cleanu.p..Program...(Water Quality!................................................................................................................11............. 643,219 1,558 Other* 12 - TOTAL REVENUES (Sum lines 1 to 12) 13 8,391,205 28,667 Expenditures: ............................................................................................................................................................................................................................................................................ 14 A-M Freeway Projects 1 - ........................................................................................................................................................................................................................................................................................................................................................................... O:Regional Capacity Program 1,968,263 - ...................................................................................................................................................................................1............... P;Re.gional Traffic Signal Synchronization Pro ram..(TSP............................... ............................................................................... ............................................................................................... 16............ .......... .. .............................. ................................... ..................................... ... Q :Local Fair Share .................................................................................................................................................................................................................................................. 17 .......................,.......,......,,......,,......,,...............,. 6,046,698 - R �Hi h Frequency Metrolink Service 18 - -..........,.......,......,,......,,......,,......,,......,,.�.,. - ...............................�............................................................................................................................................................................................................................................................................................................................ S Transit Extensions to Metrolink .......................................................................................................................................................................................................... 19 - - T Convert Metrolink Station(s) to Regional Gateways that connect 20 $ $ Orange County with High -Speed Rail Systems .......................... ......... ......... ......... U Senior Mobility Program or Senior Non -Emergency Medical Program 21 22 291,275 = - - _ VCommunity Based Transit/Circulators ...................................................................Y................................................................................................................................................................................................................................................................................................................................. .W......=SafeTransitStopS..................................................................................................................................................................................................................................................23..., 1,026,201 - .X......._.Environme.ntal Cleanup. Program (Water Quality)................................................................................................................24... � _ � �..: Other* 25 - - TOTAL EXPENDITURES (Sum lines 14 to 25) 26 $ 9,332,437 $ - TOTAL BALANCE (Subtract line 26 from 13) 27 1 $ (941,233) $ 28,666 * Please provide a specific description City Council 26-4 12/17/2024 City of Santa Ana Schedule 3 M2 Expenditure Report Fiscal Year Ended June 30, 2024 Streets and Roads Detailed Use of Funds Line Developer/ O P Q X Other Other Type of Expenditure MOE O P Q X M2 Other' TOTAL No. Impact Fees. Interest Interert Interest Interest M2' Interest Indirect and/or Overhead 1 - - - - - - - - - 32,104 - - 32,104 Construction & Right -of -Way New Street Construction 2 - - - - - - - - - - - - - - Street Reconstruction 3 2,258,266 - 729,905 - - - 1,081,332 - - - - - - 4,069,503 Signals, Safety Devices, & Street Lights 4 - - - - - - 164,596 - - - - - - 164,596 Pedestrian Ways & Bikepaths 5 - - - - 755,422 - - - - - - 755,422 Storm Drains 6 - - - - - - - - - - - - Storm Damage 7 - - - - - - - - - Total Construction' 8 2,258,266 - 729,905 - - - 2,001,351 - - - - - - 4,989,521 Right of Way Acquisition 9 - - 1,238,359 - - - 204,985 - - - - - - 1,443,343 Total Construction & Right -of -Way 30 2,258,266 1,968,263 - 2,206,335 - 6,432,865 Maintenance Patching 11 - - - - - - - - - - - - - - Overlay &Sealing 12 - - - - - 3,563,691 - - - - - 3,563,691 Street Lights & Traffic Signals 13 6,435,700 - - - - 20,758 - - - - - - 6,456,457 Storm Damage 14 - - - - - - - - - - - Other Street Purpose Maintenance 15 7,256,527 - - - - - - 259,171 - - 7,515,698 Total Maintenance' 16 13,692,226 - - - - 3,584,449 - - - 259,171 - - 17,535,946 Other^ 17 - - - - - - 255,914 - - 1,026,201 - - 1,282,115 GRAND TOTALS (Sum Lines 1, 10, 16,17) 18 15,950,492 - 1,968,263 - - - 6,046,698 - - - 1,317,476 - - 25,282,929 Any California State Constitution Article XIX streets and road eligible expenditure may be "counted" in local jurisdictions' calculation of MOE if the activity is supported (funded) by a local jurisdictions' discretionaryfunds (e.g. general fund). The California State Controller also provides useful information on Article XIX and the Streets and Highways Code eligible expenditures in its "Guidelines Relating to Gas Tax Expenditures for Cities and Counties". I have reviewed and am aware of these guidelines and their applicability in calculating and reporting on Maintenance of Effort expenditures. Finance Director Confirmation 19 Finance Director initial: ' Includes direct charges for staff time ' Other M2 includes A-M, R,S,T,U,V, and W + Transportation related only • Please provide a specific description ^ SR-55 Widening Project Legend Project Description A-M ets ropc O Rw Program (RCP) P Reg! nal Traffic Signal Synchronization Program RTSSP Q Local Fair Share R High Frequency Metrolink Service 5 Transit Extensions to Metrolink T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High -Speed Rail Systems U Senior Mobility Program or Senior Non -Emergency Medical Program V !community Based Transit/Circulators W Safe Transit Stops X Environmental Cleanup Program (Water Quality) City Council 26 — 5 12/17/2024 City of Santa Ana Schedule 4 M2 Expenditure Report Fiscal Year Ended June 30, 2024 Local Fair Share Project List PROJECT NAME AMOUNT EXPENDED ALLEY IMPRV PROGRAM FY 22/23 288,932.00 BEAR ST TRAFFIC SGNL SYNCH 5,471.56 BIKE LANE PROJ DEV FY 22/23 30,209.85 FAIRVIEW BRIDGE & STREET IMPRV 139,226.76 FIRST ST CORR TRFF SYNCH 34,226.86 FY21/22 LOC ST PREVENT MAINT 72,614.00 FY21/22 PAVEMENT MANAGEMENT 9,768.52 GG BLVD/MEMORY TRFFC SIG SYNCH 7,007.86 GRAND AV REHAB: EDINGR-MCFADDE 80,591.80 LOC ST PREVENT MAINT FY 22/23 3,065,622.08 LOC ST PREVENT MAINT FY 23/24 139,190.72 MAIN ST & 15TH ST TRAFFIC SIGN 56,899.24 PAVEMENT MANAGEMENT FY 22/23 43,479.20 PAVEMENT MANAGEMENT FY 23/24 264,334.00 PROJECT DEVELOPMENT FY 19/20 10,667.02 PROJECT DEVELOPMENT FY 21/22 22,917.96 PROJECT DEVELOPMENT FY 23/24 222,328.87 RESIDENTIAL ST RPR-HENINGER PK 286,264.32 RIGHT OF WAY MGMNT 197,597.23 RIGHT OF WAY MGMNT FY 22/23 7,387.54 SAFE MOBILITY SA UPDATE 12,322.62 SANTA ANA BLVD & 5TH BIKE LANE 16,602.45 SANTA CLARA BK LN LINCOLN-TUST 696,287.17 Sgerstrom/Dyer TRFF SGL SYNC 1,217.17 TRAFFIC MANAGEMENT PLANS 21/22 27,881.23 TRAFFIC MANAGEMENT PLANS 22/23 31,361.52 TRAFFIC SGNL EQUIPMNT REP20/21 20,757.50 TUSTIN AVE TRFF SGL SYNC 530.81 WARNER AVE WDNG:MAIN-OAK PH I 255,000.00 6,046,698 City Council 26 — 6 12/17/2024 City of Santa Ana Signature Page M2 Expenditure Report Fiscal Year Ended June 30, 2024 I hereby certify that: ❑ All the information attached herein and included in schedules 1 through 4 is true and accurate to the best of my knowledge; ❑ The interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated; ❑ The City/County of is aware of the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties", which is a guide for determining MOE Expenditures for M2 Eligibility purposes; ❑ The City/County's Expenditure Report is in compliance with direction provided in the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties;" and ❑ The City/County of has expended in this fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to or exceeding the FY 2023-24 MOE benchmark dollar Kathryn Downs Director of Finance (Print Name) Date Signature " Jurisdictions are encouraged to submit MOE eligible expenditures higher than their MOE benchmark, so that should certain expenses be ruled ineligible during an MOE audit, the local jurisdiction still has sufficient MOE expenditures to demonstrate continued achievement of the MOE benchmark. City Council 26 — 7 12/17/2024 EXHIBIT 2 RESOLUTION NO. 2024-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA 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. Local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds. B. Local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements. C. Local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements. D. The M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project. E. The M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction's fiscal year to be eligible to receive Net Revenues as part of M2. Section 2. The City Council of the City of Santa Ana hereby finds that the FY 2023/24 Measure M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of fiscal year. Section 3. The M2 Expenditure Report is hereby adopted by the City of Santa Ana. Section 4. The City of Santa Ana Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2024. Resolution No. 2024-XXX Page 1 of 2 City Council 26 — 8 12/17/2024 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jonathan T. Martinez Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: City Clerk City of Santa Ana Resolution No. 2024-XXX Page 2 of 2 City Council 26 — 9 12/17/2024 Public Works Agency www.santa-ana.org/public-works Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: California State Transportation Agency Transit and Intercity Rail Capital Program AGENDA TITLE Resolution Authorizing the Executive Director of the Public Works Agency to Execute Program Supplement Agreements with the State of California Department of Transportation as Required by Master Agreement No. 64SantaAnaMA and Approve Master Agreement for California State Transportation Agency Transit and Intercity Rail Capital Program No. 64SantaAnaMA to Secure Transit and Intercity Rail Capital Program Grant Funds RECOMMENDED ACTION 1. Authorize the City Manager to execute a California State Transportation Agency Transit and Intercity Rail Capital Program Master Agreement No. 64SantaAnaMA for TIRCP-Funded Projects with the State of California Department of Transportation (Agreement No. A-2024-XXX). 2. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute all program supplement agreements required by Master Agreement for California State Transportation Agency Transit and Intercity Rail Capital Program No. 64SantaAnaMA with the State of California Department of Transportation to reimburse the City for Transit and Intercity Rail Capital Program -Funded projects. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF PUBLIC WORKS AGENCY TO EXECUTE ALL PROGRAM SUPPLEMENT AGREEMENTS REQUIRED BY THE TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM (TIRCP) MASTER AGREEMENT NO. 64SANTAANAMA FOR TIRCP- FUNDED PROJECTS BETWEEN THE CITY OF SANTA ANA AND THE STATE Is] Ye1_1IIa01 V 011/_\9721LT_1:49►VA 121►1go] a9d_V 1A901:41 F_�9Is] ►1 GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION A Master Agreement with the State of California Department of Transportation (Caltrans) must be executed in order for the City to be awarded Transit and Intercity City Council 27 — 1 12/17/2024 California State Transportation Agency Transit and Intercity Rail Capital Program December 17, 2024 Page 2 Rail Capital Program (TIRCP) grants. The TIRCP was created by CA Senate Bill 862 to provide grants from the Greenhouse Gas Reduction Fund (GGRF). The GGRF funds transformative capital improvement projects that modernize California's intercity, commuter, and urban rail systems, and bus and ferry transit systems, to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion. The proposed master agreement allows the City to receive reimbursement on several TIRCP-funded projects (Exhibit 1). Additionally, separate program supplement agreements are required to secure those funds and receive reimbursements for specific projects after a master agreement is in place. A resolution is required to authorize the Executive Director of Public Works Agency to execute all program supplement agreements which fall under this master agreement (Exhibit 2). The program supplement agreements define the scope of work and reimbursement limits for each TIRCP-Funded project. The Executive Director of Public Works Agency may only execute program supplement agreements for Capital Improvement Projects approved by the City Council. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Master Agreement - California State Transportation Agency Transit and Intercity Rail Capital Program (TIRCP) 2. Resolution Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 27 — 2 12/17/2024 EXHIBIT 1 City of Santa Ana Master Agreement No. 64SantaAnaMA California State Transportation Agency Transit and Intercity Rail Capital Program Grant Recipient: City of Santa Ana CaISTA Transit and Intercity Rail Capital Program Administered by: 9/12/2024 California Department of Transportation Division of Local Assistance 1 120 N Street, Room 3300 P.O. Box 942874, MS-39 Sacramento, California 94274-0001 Page 1 City Council 27 — 3 12/17/2024 Agency Name Master Aqreement No. 64SantaAnaMA TABLE OF CONTENTS RECITALS 4 ARTICLE I - DEFINITIONS 5 ARTICLE II - TIRCP PROJECTS AND ADMINISTRATION 7 Section 1. TIRCP Projects and Project Management 7 Section 2. Program Supplement 8 A. General 8 B. Project Overrun 10 C. Cost Savings and Project Completion 10 D. Scope of Work 11 E. Program Supplement Amendments 11 Section 3. Allowable Costs and Payments A. Allowable Costs and Progress Payment Invoice B. Final Invoice ARTICLE III - GENERAL PROVISIONS 11 11 12 12 Section 1. Funding 12 Section 2. Audits and Reports 12 A. Cost Principles 12 B. Record Retention 13 C. Reporting Requirements 14 Section 3. Special Requirements 16 A. California Transportation Commission Resolutions 16 B. Recipient Resolution 16 C. Termination 17 D. Third Party Contracting 18 E. Change in Funds and Terms/Amendments 18 F. Project Ownership 18 G. Disputes 21 H. Hold Harmless and Indemnification 22 I. Labor Code Compliance 22 J. Non -Discrimination Clause 22 K. State Fire Marshal Building Standards Code 23 L. Americans with Disabilities Act 24 M. Access for Persons with Disabilities 24 N. Disabled Veterans Program Requirements 24 O. Environmental Process 24 P. Force Majeure 25 ARTICLE IV - MISCELLANEOUS PROVISIONS Section 1. Miscellaneous Provisions A. Successor Acts B. Successor and Assigns to the Parties 25 25 25 25 Re ity ouncil 27 - 4 1211712 e 2 Agency Name Master Agreement No. 64SantaAnaMA C. Notice 26 D. Amendment 26 E. Representation and Warranties of the Parties 26 F. Construction, Number, Gender and Captions 28 G. Complete Agreement 28 H. Partial Invalidity 28 I. Conflicts 28 J. Counterparts 29 K. Governing Law 29 Appendix A - TIRCP PROGRAM GUIDELINES AND DEPARTMENT DELEGATION 31 Appendix B - RECIPIENT'S RESOLUTION 32 Re ity ouncil 27 — 5 1211712 e 3 Agency Name Master Agreement No. 64SantaAnaMA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Effective Date of this Agreement: October 15, 2024 Termination Date of this Agreement: October 14, 2034 Recipient: City of Santa Ana Application Funding: The Greenhouse Gas Reduction Fund, Senate Bill 1 Fund, and General Fund are the applicable funding sources covered by this Agreement and will be identified in each specific Program Supplement, adopting the terms of this Agreement. RECITALS 1. WHEREAS, The Global Warming Solutions Act of 2006, codified at Cal. Health & Safety C. § 38500 et seq. (the "Act") (Assembly Bill [AB] 32, Nunez, Chapter 488) created a comprehensive program to reduce greenhouse gas emissions in California. The Act required California to reduce greenhouse gases to 1990 levels by 2020, and to maintain and continue reductions beyond 2020. In March 2012, Governor Brown signed Executive Order B-16-2012 affirming a long- range climate goal for California to reduce greenhouse gases from the transportation sector to 80 percent below 1990 levels by 2050. 2. WHEREAS, the Cap -and -Trade Program is a key element in California's climate plan. It creates a limit on the emissions from sources responsible for 85 percent of California's greenhouse gas emissions, establishes the price signal needed to drive long-term investment in cleaner fuels and more efficient use of energy, and gives covered entities flexibility to implement the lowest -cost options to reduce greenhouse gas emissions. 3. WHEREAS, in 2012, the Legislature passed and Governor Brown signed into law three bills, AB 1532 (P6rez, Chapter 807, Statutes of 2012), Senate Bill (SB) 535 (De Leon, Chapter 830, Statutes of 2012), and SB 1018 (Budget and Fiscal Review Committee, Chapter 39, Statutes of 2012), that established the Greenhouse Gas Reduction Fund (GGRF) to receive proceeds from the distribution of allowances via auction and provided the framework for how those auction proceeds will be appropriated and expended. These statutes require that expenditures from the GGRF be used to facilitate the achievement of greenhouse gas emission reductions and further the purposes of the Act. Re ity ouncil 27 — 6 1211712 e 4 Agency Name Master Agreement No. 64SantaAnaMA 4. WHEREAS, in 2017, the Legislature passed and Governor Brown signed into law the Road Repair and Accountability Act of 2017 SB 1, which directed additional funding to the Transit and Intercity Rail Capital Program (TIRCP). 5. WHEREAS, TIRCP is funded pursuant to Public Resources Code section 75220 et seq. and Health and Safety Code section 39719 et seq. 6. WHEREAS, as directed by Cal. Pub. Resources C. §§ 75223, 75224, CaISTA has established and updated TIRCP Program Guidelines that describe the policy, standards, criteria, and procedures for the development, adoption and management of the TIRCP Program. 7. WHEREAS, Recipient submitted an application, been evaluated and selected by CaISTA in accordance with the TIRCP Program Guidelines. 8. WHEREAS, on August 17, 2015, CaISTA delegated the administration of the TIRCP Program to the Department pursuant to the TIRCP Program Guidelines and the Department's policies and procedures for the administration of similar grant programs. 9. NOW THEREFORE, in consideration of the recitals and the rights, duties and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree to the following: 10. This Agreement, entered into effective as of the date set forth above, is between the signatory public entity identified hereinabove, (hereinafter referred to as Recipient), and the STATE OF CALIFORNIA, acting by and through the California Department of Transportation (hereinafter referred to as DEPARTMENT), and subject to the approval of the California State Transportation Agency (CalSTA). ARTICLE I - DEFINITIONS The terms defined in this Article I shall for all purposes of this Agreement have the meanings specified herein. 1.1 "Act" refers to the Global Warming Solutions Act of 2006 (the "Act") (Assembly Bill [AB] 32, Nunez, Chapter 488) codified at Cal. Health & Safety C. §§ 38500 et seq. 1.2 "Agreement" shall mean this Agreement, inclusive of all appendices and Program Supplements, whereby the Department, on behalf of CaISTA, and pursuant to the Act and as set forth herein, administers the TIRCP Program. Re ity ouncil 27 — 7 1211712 e 5 Agency Name Master Agreement No. 64SantaAnaMA 1.3 "Award Agreement" shall mean a project -specific subcontract to this agreement executed following Project award and may include Project specific information, expected outcomes, and deliverables. 1.4 "California Department of Transportation" or "Caltrans" or "Department" or "State" means the State of California, acting by and through its Department of Transportation of the State of the State of California, and any entity succeeding to the powers, authorities and responsibilities of the Department invoked by or under this Agreement or the Program Supplements. 1.5 "California Transportation Commission" or "CTC" shall refer to the commission established in 1978 by Assembly Bill 402 (Chapter 1106, Statutes of 1977) . 1.6 "Effective Date" means the date set forth on page 4 of this Agreement. 1.7 "Greenhouse Gas Reduction Funds" or "GGRF" shall mean the funds subject to Chapter 26, Statutes of 2014, authorizing the State to fund capital improvements and operational investments for California's transit systems and intercity, commuter, and urban rail systems. 1.8 "Senate Bill 1 " or "SB 1 " shall mean the funds subject to Chapter 5, Statutes of 2017, authorizing the State to fund capital improvements and investments for California's transit systems and intercity, commuter, and urban rail systems. 1.9 "General Fund" shall mean the funds subject to Chapters 21, 69, and 240, Statutes of 2021, authorizing the State to fund capital improvements and investments for California's transit systems and intercity, commuter, and urban rail systems. 1.10 "Overall Funding Plan" has the meaning set forth in Article II, Section 2(A) (5) (c). 1.11 "Program Guidelines" shall mean the policy, standards, criteria, and procedures for the development, adoption and management of the TIRCP Projects established by CaISTA and provided in Appendix A. 1.12 "Program Supplement" shall mean a project -specific subcontract to this Agreement that is executed following a CTC approved action and includes all Project specific information needed to encumber funding and shall include expected outcomes and deliverables. Also referred to as Project Supplement Agreement. Re ity ouncil 27 — 8 1211712 e 6 Agency Name Master Agreement No. 64SantaAnaMA 1.13 "Program Supplement Last Expenditure Date" and refers to the last date for Recipient to incur valid Project costs or credits. 1.14 "Program Supplement Termination" shall occur when the Recipient's obligations have been fully performed as set forth in Article II, Section 2D and Article III, Section 3(C) (2) or when terminated by convenience as set forth in Article III, Section 3(C) (1). 1.15 "Project" shall mean the project identified in Recipient's application. 1.16 "Project Closeout Report" shall have the meaning set forth in Article II, Section 3B. 1.17 "Project Financial Plan" shall have the meaning set forth in Article II, Section 2(A) (5) (dL 1.18 "Progress Payment Invoice" shall have the meaning set forth in Article II, Section 3A. 1.19 "Project Schedule" has the meaning set forth in Article II, Section 2(A) (5) (b). 1.20 "Scope of Work" has the meaning set forth in Article II, Section 2(A) (5) (a). 1.21 "Secretary" shall mean the Secretary of the California State Transportation Agency (CaISTA). Unless the context otherwise requires, any reference to the Secretary includes CaISTA and its officers and employees. 1.22 "State" shall mean the State of California. 1.23 "TIRCP Projects" shall mean projects that are selected and funded pursuant to the Transit and Intercity Rail Capital Program. ARTICLE II - TIRCP PROJECTS AND ADMINISTRATION Section 1. TIRCP Projects and Project Management 1. TIRCP Projects, pursuant to the Act, are established by CaISTA in accordance with the TIRCP Program Guidelines. Under delegation from CaISTA, the Department will administer the TIRCP Program in accordance with the TIRCP Program Guidelines and best management practices identified in the administration of similar Department grant programs. 2. By this reference, TIRCP Program Guidelines are made an express part of this Agreement and shall apply to each TIRCP Program funded Project as may be amended or updated. Recipient will cause its specific TIRCP mandated Resolution to be attached as part of any TIRCP funded Program Supplement as a Re ity ouncil 27 — 9 1211712 e 7 Agency Name Master Agreement No. 64SantaAnaMA condition precedent to the acceptance of GGRF, SB 1, and/or General Funds (upon availability and allocation), for such project. 3. All inquiries during the term of this Agreement and any applicable Program Supplement will be directed to the project representatives identified below: State's Project Administrator: Department of Transportation Ezequiel Castro Chief, Capital Southern Branch Phone: (916) 654-8012 Email: ezequiel.castro@dot.ca.gov Section 2. Program Supplement A. General Recipient's Project Administrator: City of Santa Ana Nabil Saba Executive Director of Public Works (714) 647-5654 nsaba@santa-ana.org 1. This Agreement shall have no force and effect with respect to the Project unless and until a separate Project specific program supplement hereinafter referred to as "Program Supplement," adopting all of the terms and conditions of this Agreement has been fully executed by both State and Recipient. 2. Recipient agrees to complete the defined scope of work for the Project, described in the Program Supplement adopting all of the terms and conditions of this Agreement. 3. A financial commitment of actual funds will only occur in each detailed and separate Program Supplement. No funds are obligated by the prior execution of this Agreement alone. 4. Recipient further agrees, as a condition to the release and payment of the funds encumbered for the scope of work described in each Program Supplement, to comply with the terms and conditions of this Agreement and all the agreed -upon special covenants and conditions attached to or made a part of the Program Supplement identifying and defining the nature of that specific scope of work. 5. The Program Supplement shall include a detailed scope of work, which shall include but not be limited to, a Project Description, a Project Schedule, an Overall Funding Plan, and a Project Financial Plan as required in the TIRCP Program Guidelines. Re ity ouncil 27 — 10 1211712 e 8 Agency Name Master Agreement No. 64SantaAnaMA a. The Scope of Work shall include a detailed description of the Project and will itemize the major tasks and their estimated costs. b. The Project Schedule shall include major tasks and/or milestones and their associated beginning and ending dates and duration. C. The Overall Funding Plan shall itemize the various Project Components, the committed funding program(s) or source(s), and the matching funds to be provided by Recipient and/or other funding sources, if any [these Components include Environmental and Permits; Plans, Specifications and Estimates (PS&E); Right -of -Way (ROW); and Construction (including transit vehicle acquisition)]. d. The Project Financial Plan shall identify estimated expenditures for the Project Component by funding source, provided that for the purposes of this Agreement the State is only monitoring compliance for expenditures for the TIRCP, including but not limited to GGRF, SB 1 and/or General Funds allocated for the Project Component. 6. Adoption and execution of the Program Supplement by Recipient and State, incorporating the terms and conditions of this Agreement into the Program Supplement as though fully set forth therein, shall be sufficient to bind Recipient to these terms and conditions when performing the Project. Unless otherwise expressly delegated to a third -party in a resolution by Recipient's governing body, which delegation must be expressly assented to and concurred in by State, the Program Supplement shall be managed by Recipient. 7. The estimated cost and scope of the Project will be as described in the applicable Program Supplement. The State shall not participate in any funding for the Project beyond those amounts actually encumbered by the STATE as evidenced in the applicable Program Supplement unless the appropriate steps are followed and approval is granted by the CTC as described below. 8. Upon the stated expiration date of this Agreement, any Program Supplement executed under this Agreement for the Project with obligations yet to be completed pursuant to the approved Project Schedule, deliverables, and reporting requirements shall be deemed to extend the term of this Agreement only to conform to the specific Project termination or completion date, including completion of deliverables and reporting requirements, contemplated by the applicable Program Supplement to allow that uncompleted Project to be administered under the extended terms and conditions of this Agreement. 9. Total project cost includes the cost of a project for all phases (Plans, Specifications, and Estimates (PS&E), Project Approval and Environmental Re ity ounal 27 —11 1211712 e 9 Agency Name Master Agreement No. 64SantaAnaMA Document (PA&ED) Right -of -Way (ROW), and Construction (CON) including rolling stock) of a Project from start to finish. B. Project Overrun 1. If Recipient or the State determine, at any time during the performance of the Project, that the Project budget may be exceeded, Recipient shall take the following steps: a. Notify the designated State representative of the nature and projected extent of the overrun and, within a reasonable period thereafter, identify and quantify potential cost savings or other measures which Recipient will institute to bring the Project Budget into balance; and b. Identify the source of additional Recipient or other third -party funds that can be made available to complete Project. Recipient agrees that the allocation of the GGRF, SB 1 and/or General Funds is subject to the allocation proposed by the CaISTA, submitted by the State, and approved by the CTC. C. Cost Savings and Project Completion 1. Recipient is encouraged to evaluate design and construction alternatives that would mitigate the costs of delivering the commitments for the Project. Recipient shall take all steps necessary on a commercially reasonable basis that would generally be taken in accordance with best management practices. In determining cost savings, the Parties shall take into account all avoided costs, including avoided design, material, equipment, labor, construction, testing, acceptance and overhead costs and avoided costs due to time savings, and all the savings in financing costs associated with such avoided costs. 2. If there is an identification and implementation of any CaISTA approved alternative resulting in reduction of the Project costs, the parties agree that the recipient shall provide a prorated share of Project or TIRCP funded Project component cost savings based on the overall project match to the Department no later than 30 days after the submission of the final invoice. Subject to CaISTA's approval, savings may be used towards another project component or towards increasing project benefits that are consistent with the original project award while maintaining the overall project match referenced in the project award and program supplements. 3. Program supplements will indicate the Project or Component proration of funding match. 4. The Recipient agrees to complete the Project and accepts sole responsibility for the payment of any cost increases. If either the Project or the Re ity ouncil 27 — 12 12/17/ 4 Agency Name Master Agreement No. 64SantaAnaMA funded components are not completed, the Recipient shall bear the burden of full TIRCP funds reimbursement to the Department. D. Scope of Work 1. Recipient shall be responsible for complete performance of the work described in the approved Program Supplement for the Project related to the commitment of encumbered funds. All work shall be accomplished in accordance with the applicable provisions of the Act, Public Utilities Code, the Streets and Highways Code, the Government Code, and other applicable statutes and regulations. 2. Recipient acknowledges and agrees that Recipient is the sole control and manager of the Project and its subsequent employment, operation, repair and maintenance for the benefit of the public. Recipient shall be solely responsible for complying with the funding and use restrictions established by (a) the statutes from which the GGRF, SB1, and General Funds are derived, (b) the CTC, (c) the State Treasurer, (d) the Internal Revenue Service, (e) the applicable Program Supplement, and (f) this Agreement. 3. Recipient acknowledges and agrees that the Recipient is responsible for complying with all reporting requirements established by the TIRCP Guidelines and California Air Resource Board (CARB) Funding Guidelines. E. Program Supplement Amendments Program Supplement amendments will be required whenever there are CaISTA or CTC approved actions, including but not limited to, Financial Allocations, Financial Allocation Amendments, Time Extensions and Technical Corrections. These changes shall be mutually binding upon the Parties only following the execution of a Program Supplement amendment. Section 3. Allowable Costs and Payments A. Allowable Costs and Progress Payment Invoice l . Not more frequently than once a month, Recipient will prepare and submit to State signed Progress Payment Invoice for actual Project costs incurred and paid for by Recipient consistent with the allocation and Scope of Work document in the Program Supplement and State shall pay those uncontested allowable costs once the invoice is reviewed and approved by the Department, subject to CaISTA's approval. If no costs were incurred during any given quarter, Recipient is exempt from submitting a signed Progress Payment Invoice. Re ity ouncil 27 — 13 12/17/ 4 > Agency Name Master Agreement No. 64SantaAnaMA 2. State shall not be required to reimburse more funds, cumulatively, per quarter of any fiscal year greater than the sums identified and included in the Project Financial Plan. The State shall hold the right to determine reimbursement availability based on an approved expenditure plan and TIRCP anticipated or actual funding capacity. Each such invoice will report the total of Project expenditures from GGRF, SB 1 and/or General Funds (including those of Recipient and third parties) and will specify the percent of State reimbursement requested and the GGRF, SB 1 and/or General Funds source. B. Final Invoice The Program Supplement Last Expenditure Dates(s) refer to the last date for Recipient to incur valid Project costs or credits. Recipient has one hundred and eighty (180) days after that Last Expenditure Date to make already incurred final allowable payments to Project contractors or vendors, prepare the Project Closeout Report, and submit the final invoice to State for reimbursement of allowable Project costs before those remaining State funds are unencumbered and those funds are reverted as no longer available to pay any Project costs. Recipient expressly waives any right to allowable reimbursements from State pursuant to this Agreement for costs incurred after that termination date and for costs invoiced to Recipient for payment after that one hundred and eightieth (180th) day following the Project Last Expenditure Date. ARTICLE III - GENERAL PROVISIONS Section 1. Funding 1. Recipient agrees to contribute at least the statutorily or other required local contribution of matching funds (other than State or federal funds), if any is specified within the Program Supplement or any appendices thereto, toward the actual cost of the Project or the amount, if any, specified in any executed SB 2800 (Streets and Highways Code Section 164.53) Agreement for local match fund credit, whichever is greater. Recipient shall contribute not less than its required match amount toward the Project cost in accordance with a schedule of payments as shown in the Project Financial Plan prepared by Recipient and approved by State as part of a Program Supplement. Section 2. Audits and Reports A. Cost Principles 1. Recipient agrees to comply with Title 2 Code of Federal Regulations 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles for State and Local Government, and Audit Requirements for Federal Awards. Re ity ouncil 27 - 14 12/17/ 4 2 Agency Name Master Agreement No. 64SantaAnaMA 2. Recipient agrees, and will assure that its contractors and subcontractors will be obligated to follow 2 CFR 200 and which shall be used to determine the allowability of individual Project cost items. Every sub -recipient receiving Project funds as a contractor or sub -contractor under this Agreement shall comply with 2 CFR 200. 3. Any Project costs for which Recipient has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR 200, are subject to repayment by Recipient to State. Should Recipient fail to reimburse moneys due State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, State is authorized to intercept and withhold future payments due to Recipient from State or any third - party source whose funding passes through the State, including but not limited to, the State Treasurer, the State Controller and the CTC. 4. The State may terminate the grant for any reason at any time if it is determined by the State, based on an audit under this section, that there has been a violation of any State or federal law or policy by the Recipient during performance under this or any other grant agreement or contract entered into with the State. If the grant is terminated under this section, the Recipient may be required to fully or partially repay funds. g. Record Retention 1. Recipient agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of Recipient, its contractors and subcontractors connected with Project performance under this Agreement and each Program Supplement shall be maintained for a minimum of three (3) years from the date of final payment to Recipient under a Program Supplement and shall be held open to inspection, copying, and audit by representatives of State, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by Recipient, its contractors, and subcontractors upon receipt of any request made by State or its agents. In conducting an audit of the costs and match credits claimed under this Agreement, State will rely to the maximum extent possible on any prior audit of Recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by Recipient's external and Re ity ouncil 27 - 15 12/17/ 4 3 Agency Name Master Agreement No. 64SantaAnaMA internal auditors may be relied upon and used by State when planning and conducting additional audits. 2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of Recipient's contracts with third parties pursuant to Government Code section 8546.7, Recipient, Recipient's contractors and subcontractors, and State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such Agreement and Program Supplement materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to Recipient under any Program Supplement. State, the California State Auditor, or any duly authorized representative of State or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to the Project for audits, examinations, excerpts, and transactions, and Recipient shall furnish copies thereof if requested. 3. Recipient, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by State, for the purpose of any investigation to ascertain compliance with this Agreement and the Act. C. Reporting Requirements 1. Reporting requirements of Recipient will include whether reported implementation activities are within the scope of the Project Program Supplement and in compliance with State laws, regulations, and administrative requirements. 2. TIRCP Progress Reporting shall be no more frequently than monthly and no less frequently than quarterly at the discretion of the State and shall generally include the following information; a. Activities and progress made towards implementation of the project during the reporting period and activities anticipated to take place in the next reporting period; b. Identification of whether the Project is proceeding on schedule and within budget; Re ity ouncil 27 - 16 121171 4 4 Agency Name Master Agreement No. 64SantaAnaMA C. Identification of whether the Project Deliverables are proceeding on schedule. d. Identification of changes to the Project funding plan, milestone schedule, or deliverables completion date; e. Any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties for either the Project or other State funded projects impacted by the Project's scope of work and the efforts or activities being undertaken to minimize impacts to schedule, cost, or deliverables; 3. CARB Reporting shall be no more frequently than monthly and no less frequently than semiannually at the discretion of CARB and shall include the following information (subject to modification by CARB); a. Identify metrics and benefits achieved for disadvantaged communities, low income communities, and/or low-income households; b. continued reporting following project implementation to identify benefits achieved. C. Any and all other requirements instituted by CARB. 4. Within one year of the Project or reportable Project components becoming operable, the implementing agency must provide a final delivery report including at a minimum: a. Scope of completed Project as compared to Programmed Project; b. Performance outcomes derived from the project as compared to outcomes described in the Project application and shall include but not be limited to before and after measurements and estimates for ridership, service levels, greenhouse gas reductions, updated estimated greenhouse gas reductions over the life of the project, benefits to disadvantaged communities, low income communities, and/or low income households, and project co - benefits as well as an explanation of the methodology used to quantify the benefits. C. Before and after photos documenting the project d. The final costs as compared to the approved project budget by component and fund type, and an estimate of the TIRCP funds spent to benefit disadvantaged communities, low-income communities, and/or low-income households, and Re ity ouncil 27 - 17 12/17/ 4 5 Agency Name Master Agreement No. 64SantaAnaMA e. The project duration as compared to the project schedule in the project application. Section 3. Special Requirements A. California Transportation Commission Resolutions 1. Recipient shall adhere to applicable CTC policies on "Timely Use of Funds" as stated in Resolution G-06-04, adopted April 26, 2006, addressing the expenditure and reimbursement of GGRF, SB 1 and/or General Funds. These resolutions, and/or successor resolutions in place at the time a Program Supplement is executed, shall be applicable to GGRF, SB 1 and/or General Funds, respectively. 2. Recipient shall be bound to the terms and conditions of this Agreement, the Project application contained in the Program Supplement (as applicable); and CTC Resolutions G-06-04, G-09-1 1 and/or their respective successors in place at the time the Program Supplement is signed (as applicable) and all restrictions, rights, duties and obligations established therein on behalf of State and CTC shall accrue to the benefit of the CTC and shall thereafter be subject to any necessary enforcement action by CTC or State. All terms and conditions stated in the aforesaid CTC Resolutions and CTC-approved Guidelines in place at the time the Program Supplement is signed (if applicable) shall also be considered to be binding provisions of this Agreement. 3. Recipient shall conform to any and all permit and mitigation duties associated with Project as well as all environmental obligations established in CTC Resolution G-91-2 and/or its successors in place at the time a Program Supplement is signed, as applicable, at the expense of Recipient and/or the responsible party and without any further financial contributions or obligations on the part of State unless a separate Program Supplement expressly provides funding for the specific purpose of hazardous materials remediation. B. Recipient Resolution 1. Recipient has executed this Agreement pursuant to the authorizing Recipient resolution, attached as Appendix B to this Agreement, which empowers Recipient to enter into this Agreement and which may also empower Recipient to enter into all subsequent Program Supplements adopting the provisions of this Agreement. 2. If Recipient or State determines that a separate Resolution is needed for each Program Supplement, Recipient will provide information as to who the authorized designee is to act on behalf of the Recipient to bind Recipient with regard to the terms and conditions of any said Program Supplement or Re ity ouncil 27 — 18 12/17/ 4 6 Agency Name Master Agreement No. 64SantaAnaMA amendment and will provide a copy of that additional Resolution to State with the Program Supplement or any amendment to that document. C. Termination Termination Convenience by State a. State reserves the right to terminate funding for any Program Supplement, subject to CaISTA approval, upon written notice to Recipient in the event that Recipient fails to proceed with Project work in accordance with the Program Supplement, or otherwise violates the conditions of this Agreement and/or the Program Supplement or the funding allocation such that substantial performance is significantly endangered. b. No such termination shall become effective if, within thirty (30) days after receipt of a notice of termination, Recipient either cures the default involved or, if not reasonably susceptible of cure within said thirty (30)-day period, Recipient proceeds thereafter to complete the cure in a manner and time line acceptable to State. Any such termination shall be accomplished by delivery to Recipient of a notice of termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this Agreement is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, Recipient and State shall meet to attempt to resolve any dispute. C. Following a fund encumbrance made pursuant to a Program Supplement, if Recipient fails to expend GGRF, SB 1, and/or General Funds monies within the time allowed specified in the Program Supplement, those funds may revert, and be deemed withdrawn and will no longer be available to reimburse Project work unless those funds are specifically made available beyond the end of that Fiscal Year through re -appropriation or other equivalent action of the Legislature and written notice of that action is provided to Recipient by State. d. In the event State terminates a Program Supplement for convenience and not for a default on the part of Recipient as is contemplated in this section, Recipient shall be reimbursed its authorized costs up to State's proportionate and maximum share of allowable Project costs incurred to the date of Recipient's receipt of that notice of termination, including any unavoidable costs reasonably and necessarily incurred up to and following that termination date by Recipient to effect such termination following receipt of that termination notice. Re ity ouncil 27 — 19 12/17/ 4 Agency Name Master Agreement No. 64SantaAnaMA 2. Termination After Recipient's Obligations Fully Performed Following project completion, and all obligations as defined in the TIRCP Guidelines, CARB Guidelines, and Program Supplement are fully performed, including Project completion of all deliverables and reporting, the Program Supplement shall be terminated. If the Project obligations are not fully performed, as defined under this section, the Recipient may be required to fully or partially repay funds. D. Third Party Contracting 1. Recipient shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written approval of State. Contracts awarded by Recipient, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. 2. Any subcontract entered into by Recipient as a result of this Agreement shall contain the provisions of ARTICLE III - GENERAL PROVISIONS, Section 2. Audits and Reports and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors. 3. In addition to the above, the preaward requirements of third -party contractor/consultants with local transit agencies should be consistent with Local Program Procedures (LPP-00-05). E. Change in Funds and Terms/Amendments This Agreement and the resultant Program Supplements may be modified, altered, or revised only with the joint written consent of Recipient and State. F. Project Ownership l . Unless expressly provided to the contrary in a Program Supplement, subject to the terms and provisions of this Agreement, Recipient, or a designated subrecipient acceptable to State, as applicable, shall be the sole owner of all improvements and property included in the Project constructed, installed or acquired by Recipient or subrecipient with funding provided to Recipient under this Agreement. Recipient, or subrecipient, as applicable, is obligated to continue operation and maintenance of the physical aspects of the Project dedicated to the public transportation purposes for which Project was initially approved unless Recipient, or subrecipient, as applicable, ceases ownership of Re ity ouncil 27 - 20 12/17/ 4 8 Agency Name Master Agreement No. 64SantaAnaMA such Project property; ceases to utilize the Project property for the intended public transportation purposes; or sells or transfers title to or control over Project and State is refunded the Credits due State as provided in paragraph (2) herein below. 2. Project right-of-way, Project facilities constructed or reconstructed on the Project site and/or Project property (including vehicles and vessels) purchased by Recipient (excluding temporary construction easements and excess property whose proportionate resale proceeds are distributed pursuant to this Agreement) shall remain permanently dedicated to the described public transit use in the some proportion and scope, and to the same extent as mandated in the Program Supplement, unless State agrees otherwise in writing. Vehicles acquired as part of Project, including, but not limited to, buses, vans, rail passenger equipment, shall be dedicated to that public transportation use for their full economic life cycle, which, for the purpose of this Agreement, will be determined in accordance with standard national transit practices and applicable rules and guidelines, including any extensions of that life cycle achievable by reconstruction, rehabilitation or enhancements. The exceptions to this section are outlined below: a. Except as otherwise set forth in this Section, State, or any other State - assignee public body acting on behalf of the CTC, shall be entitled to a refund or credit (collectively the Credit), at State's sole option, equivalent to the proportionate Project funding participation received by Recipient from State if Recipient, or a sub -recipient, as applicable, (i) ceases to utilize Project for the original intended public transportation purposes or (ii) sells or transfers title to or control over Project. If federal funds (meaning only those federal funds received directly by Recipient and not federal funds derived through or from the State) have contributed to the Project, Recipient shall notify both State and the original federal source of those funds of the disposition of the Project assets or the intended use of those sale or transfer receipts. b. State shall also be entitled to an acquisition credit for any future purchase or condemnation of all or portions of Project by State or a designated representative or agent of State. C. The Credit due State will be determined by the ratio of State's funding when measured against the Recipient's funding participation (the Ratio). For purposes of this Section, the State's funding participation includes federal funds derived through or from State. That Ratio is to be applied to the then present fair market value of Project property acquired or constructed as provided in (d) and (e) below. Re ity ouncil 27 - 21 12/17/ 4 9 Agency Name Master Agreement No. 64SantaAnaMA d. For Mass Transit vehicles, this Credit [to be deducted from the then remaining equipment value] shall be equivalent to the percentage of the full extendable vehicle economic life cycle remaining, multiplied by the Ratio of funds provided for that equipment acquisition. For real property, this same funding Ratio shall be applied to the then present fair market value, as determined by State, of the Project property acquired or improved under this Agreement. e. Such Credit due State as a refund shall not be required if Recipient dedicates the proceeds of such sale or transfer exclusively to a new or replacement State approved public transit purpose, which replacement facility or vehicles will then also be subject to the identical use restrictions for that new public purpose and the Credit ratio due State should that replacement project or those replacement vehicles cease to be used for that intended described pre - approved public transit purpose. i. In determining the present fair market value of property for purposes of calculating State's Credit under this Agreement, any real property portions of the Project site contributed by Recipient shall not be included. In determining State's proportionate funding participation, State's contributions to third parties (other than Recipient) shall be included if those contributions are incorporated into the Project. ii. Once State has received the Credit as provided for above because Recipient, or a sub -recipient, as applicable, has (a) ceased to utilize the Project for the described intended public transportation purpose(s) for which State funding was provided and State has not consented to that cessation of services or (b) sold or transferred title to or control over Project to another party (absent State approval for the continued transit operation of the Project by that successor party under an assignment of Recipient's duties and obligations), neither Recipient, subrecipient, nor any party to whom Recipient or subrecipient, as applicable, has transferred said title or control shall have any further obligation under this Agreement to continue operation of Project and/or Project facilities for those described public transportation purposes, but may then use Project and/or any of its facilities for any lawful purpose. iii. To the extent that Recipient operates and maintains Intermodal Transfer Stations as any integral part of Project, Recipient shall maintain each station and all its appurtenances, including, but not limited to, restroom facilities, in good condition and repair in accordance with high standards of cleanliness (Public Utilities Code section 99317.8). Upon request of State, Recipient shall also authorize State -funded bus services to use those stations and appurtenances without any charge to State or the bus operator. This permitted use will include the placement of signs and informational material Re ity ounal 27 - 22 12/17/ 4 20 Agency Name Master Agreement No. 64SantaAnaMA designed to alert the public to the availability of the State -funded bus service (for the purpose of this paragraph, "State -funded bus service" means any bus service funded pursuant to Public Utilities Code section 99316). G. Disputes Parties shall develop a mutually agreed upon issue resolution process, as described below, and issues between the Parties are to be resolved in a timely manner. The Parties agree to the following: 1. If the Parties are unable to reach agreement on any particular issue relating to either Parties' obligations pursuant to this Agreement, the Parties agree to promptly follow the issue resolution process as outlined below: a. The Department's project manager and the Recipient's equivalent may initiate the process of informal dispute resolution by providing the other Party with written notice of a dispute. The written notice shall provide a clear statement of the dispute and shall refer to the specific provisions of this Agreement or Program Supplement that pertain to the dispute. The Department's project manager and the Recipient's equivalent shall meet and attempt to resolve the dispute within five days from the written notice. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties. b. If the dispute is not resolved by the fifth day from the written notice, the Department's senior project manager and the Recipient's equivalent shall meet and review the dispute within five days. The Department's senior project manager and the Recipient's equivalent manager shall attempt to resolve the dispute within ten days of their initial meeting. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties. C. If the dispute is not resolved by the tenth day, the Department's Director or his designee and the Recipient's equivalent manager shall meet and review the dispute within five days. The Department's Director or his designee and the Recipient's equivalent manager shall attempt to resolve the dispute within ten days of the initial meeting. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties. If the dispute is not resolved by the tenth day by the Department's Director or his designee and the Recipient's equivalent manager, the Parties shall submit the matter to the Secretary of CaISTA for a final administrative determination. Re ity ouncil 27 - 23 12/17/ 4 21 Agency Name Master Agreement No. 64SantaAnaMA H. Hold Harmless and Indemnification l . Neither State nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Recipient, its agents and contractors under or in connection with any work, authority, orjurisdiction delegated to Recipient under this Agreement or any Program Supplement or as respects environmental clean-up obligations or duties of Recipient relative to Project. It is also understood and agreed that, Recipient shall fully defend, indemnify and hold the CTC and State and their officers and employees harmless from any liability imposed for injury and damages or environmental obligations or duties arising or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done by Recipient under or in connection with any work, authority, or jurisdiction delegated to Recipient under this Agreement and all Program Supplements. 2. Recipient shall indemnify, defend and hold harmless State, the CTC and the State Treasurer relative to any misuse by Recipient of State funds, Project property, Project generated income or other fiscal acts or omissions of Recipient. Labor Code Compliance Recipient shall include in all subcontracts awarded using Project funds, when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code §§ 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective the date of Contract award by the Recipient. 1. Non -Discrimination Clause 1. In the performance of work under this Agreement, Recipient, its contractor(s) and all subcontractors, shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital status, family and medical care leave, pregnancy leave, and disability leave. Recipient, its contractor(s) and all subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Recipient, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 Re ity ouncil 27 - 24 12/17/ 4 22 Agency Name Master Agreement No. 64SantaAnaMA of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. 2. Each of the Recipient's contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. The Recipient shall include the non-discrimination and compliance provisions hereof in all contracts and subcontracts to perform work under this Agreement. 3. Should federal funds be constituted as part of Project funding or compensation received by Recipient under a separate Contract during the performance of this Agreement, Recipient shall comply with this Agreement and with all federal mandated contract provisions as set forth in that applicable federal funding agreement. 4. Recipient shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this Agreement. 5. The Recipient shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR 21 (Nondiscrimination in Federally -Assisted Programs of the Department of Transportation —Effectuation of Title VI of The Civil Rights Act of 1964) and 23 CFR Part 200 (Title VI Program and Related Statutes —Implementation and Review Procedures) are made applicable to this Agreement by this reference. Wherever the term "Contractor" appears therein, it shall mean the Recipient. 6. The Recipient shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by Department to investigate compliance with this Section J. K. State Fire Marshal Building Standards Code The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any State-owned or State -occupied buildings per section 13108 of the Health and Safety Code. When applicable, Recipient shall request that the State Fire Marshal review Project PS&E to ensure Project consistency with State fire protection standards. Re ity ouncil 27 - 25 12/17/ 4 23 Agency Name Master Agreement No. 64SantaAnaMA L. Americans with Disabilities Act By signing this Master Agreement, Recipient assures State that Recipient shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.). M. Access for Persons with Disabilities Disabled access review by the Department of General Services (Division of the State Architect) is required for all publicly funded construction of buildings, structures, sidewalks, curbs and related facilities. Recipient will award no construction contract unless Recipient's plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. N. Disabled Veterans Program Requirements l . Should Military and Veterans Code sections 999 et seq. be applicable to Recipient, Recipient will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or Recipient's applicable higher goals) in the award of every contract for Project work to be performed under these this Agreement. 2. Recipient shall have the sole duty and authority under this Agreement and each Program Supplement to determine whether these referenced code sections are applicable to Recipient and, if so, whether good faith efforts asserted by those contractors of Recipient were sufficient as outlined in Military and Veterans Code sections 999 et seq. O. Environmental Process Completion of the Project environmental process ("clearance") by Recipient (and/or State if it affects a State facility within the meaning of the applicable statutes) is required prior to requesting Project funds for right-of-way purchase or construction. No State agency may request funds nor shall any State agency, board or commission authorize expenditures of funds for any Project effort, except for feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied with all appropriate documentation of compliance with or exemption from the California Environmental Quality Act (CEQA) (including, if as appropriate, an environmental impact report, negative declaration, or notice of exemption) under California Public Resources Code section 21080(b) (10), (11), and (12) provides an Re ity ouncil 27 - 26 12/17/ 4 24 Agency Name Master Agreement No. 64SantaAnaMA exemption for a passenger rail project that institutes or increases passenger or commuter services on rail or highway rights -of -way already in use. P. Force Majeure Each party will be excused from performance of its obligations where such non- performance is caused by any extraordinary event beyond its reasonable control, such as any non -appealable order, rule or regulation of any federal or state governmental body, fire, flood, earthquake, storm, hurricane or other natural disaster, epidemic, pandemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, provided that the party excused hereunder shall use all reasonable efforts to minimize its non-performance and to overcome, remedy or remove such event in the shortest practical time. Should a force majeure event occur which renders it impossible for a period of forty-five (45) or more consecutive days for either party to perform its obligations hereunder, the Parties agree to negotiate in good faith to amend the existing Master Agreement or Supplemental Agreement to deal with such event and to seek additional sources of funding to continue the operation of the Service. ARTICLE IV —MISCELLANEOUS PROVISIONS Section 1. Miscellaneous Provisions A. Successor Acts All statutes cited herein shall be deemed to include amendments to and successor statutes to the cited statues as they presently exist. B. Successor and Assigns to the Parties Neither this Agreement nor any right, duty or obligation hereunder may be assigned, transferred, hypothecated or pledged by any party without the express written consent of the other party; provided, that unless otherwise expressly required herein, a party shall not be obligated to obtain the written consent of the other party with respect to any contract related to the Service for the provision of goods and/or services to the contracting party in the ordinary course of business. Re ity ouncil 27 - 27 12/17/ 4 25 Agency Name Master Agreement No. 64SantaAnaMA C. Notice Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such other addresses as may be specified in writing and given to the other party in accordance herewith. If given to the Department: State of California Department of Transportation Division of Local Assistance P.O. Box 942874 Sacramento, CA 994274-0001 Attention: Division of Local Assistance, TIRCP Contract Manager, Mail Stop 39 with a copy to: California State Transportation Agency 915 Capitol Mall Suite 350 B Sacramento, CA 95814 If given to the Recipient: City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, 92701 Attention: Nabil Saba, Executive Director of Public Works D. Amendment This Agreement may not be changed, modified, or amended except in writing, signed by the parties hereto, and approved in advance in writing by the Secretary, and any attempt at oral modification of this Agreement shall be void and of no effect. E. Representation and Warranties of the Parties 1. Recipient hereby represents and warrants to the Department that: Re ity ouncil 27 — 28 12/17/ 4 26 Agency Name Master Agreement No. 64SantaAnaMA a. Recipient is in good standing under applicable law, with all requisite power and authority to carry on the activities for which it has been organized and proposed to be conducted pursuant to this Agreement. b. Recipient has the requisite power and authority to execute and deliver this Agreement and to carry out its obligations hereunder. The execution and delivery of this Agreement by such entity, the performance by it of its obligations thereunder and the consummation of the transactions contemplated thereby have been duly authorized by the governing board of such entity and no other proceedings are necessary to authorize this Agreement or to consummate the transactions contemplated thereby. The Agreement have been duly and validly executed and delivered by such entity and constitute valid and binding obligations of such entity, enforceable against it in accordance with their terms, except to the extent that such enforceability may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws now or hereinafter in effect relating to the creditor's rights and the remedy of specific enforcement and injunctive and other forms of equitable relief, and may be subject to equitable defenses and to the discretion of the court before which any proceeding therefore may be brought. C. Neither the execution and delivery of this Agreement and the performance of its obligations thereunder nor the consummation of the transactions contemplated thereby will (i) conflict with or result in a breach of any provision of any agreement to which Recipient is a party; (ii) violate any write, order, judgment, injunction, decrees, statute, rule or regulation of any court or governmental authority applicable to such entity or its property or assets. 2. The Department does hereby represent and warrant with respect to each provision of this Agreement to the Recipient that: a. It validly exists with all requisite power and authority to carry on the activities proposed to be conducted pursuant to this Agreement. b. It has the requisite power and authority to execute and deliver this Agreement and to carry out its obligations thereunder. The execution and delivery of this Agreement, the performance by it of its obligations thereunder and the consummation of the transactions contemplated thereby have been duly authorized and no other proceedings are necessary to authorize this Agreement or to consummate the transactions contemplated thereby. The agreement have been duly and validly executed and delivered by it and constitute valid and binding obligations, enforceable against it in accordance with their terms, except to the extent that such enforceability may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws now or hereinafter in effect relating to creditor's rights and other forms of equitable relief, and may be subject to Re ity ouncil 27 - 29 12/17/ 4 27 Agency Name Master Agreement No. 64SantaAnaMA equitable defenses and to the discretion of the court before which any proceeding therefore may be brought. C. Neither the execution and delivery of this Agreement and the performance of its obligations thereunder nor the consummation of the transactions contemplated thereby will (i) conflict with or result in a breach of any provision of any agreement to which the Recipient is a party; (ii) violate any writ, order, judgment, injunction, decree, statute, rule or regulation of any court or governmental authority applicable to such entity or its property or assets. F. Construction, Number, Gender and Captions The Agreement have been executed in the State of California and shall be construed according to the law of said State. Numbers and gender as used therein shall be construed to include that number and/or gender which is appropriate in the context of the text in which either is included. Captions are included therein for the purposes of ease of reading and identification. Neither gender, number nor captions used therein shall be construed to alter the plain meaning of the text in which any or all of them appear. G. Complete Agreement This Agreement, including Appendices, constitutes the full and complete agreement of the parties, superseding and incorporating all prior oral and written agreements relating to the subject matter of this Agreement. All attached Appendices A and B are hereby incorporated and made an integral part of this Agreement by this reference. H. Partial Invalidity If any part of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the validity, legality or enforceability of any other part of this Agreement and the remaining parts of this Agreement shall be enforced as if such invalid, illegal or unenforceable part were not contained herein. I. Conflicts To the extent that any provision of or requirement of this Agreement may conflict with a provision or requirement of any other agreement between the parties hereto, or between a party hereto and any other party, which is attached to this Agreement as an appendix, the priority of agreements shall be employed to resolve such conflict. In the event of a conflict, the Master Agreement controls the Program Supplement and any further Amendments. Re ity ouncil 27 - 30 12/17/ 4 28 Agency Name Master Agreement No. 64SantaAnaMA J. Counterparts This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one instrument. Copies of this Agreement may be used in lieu of the original. K. Governing Law The Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA CITY OF SANTA ANA DEPARTMENT OF TRANSPORATION BY: BY: Ann Fox Alvaro Nunez Acting Deputy Director, Planning City Manager and Modal Programs DATE: DATE: APPROVED AS TO FORM AND PROCEDURE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BY: Deputy Attorney DATE: Re ity ouncil 27 - 31 12/17/ 4 29 Agency Name Master Agreement No. 64SantaAnaMA ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CAVALHO City Attorne By: NATHAN MARTINEZ Assistant City Attorney RECOMMENDED FOR APPROVAL: N a b i I Saba Digitally signed : Saba 0 Date: 2024.11.27 9:22:22:39 -08'00' NABIL SABA, P.E. Executive Director Public Works CITY OF SANTA ANA Alvaro Nunez City Manager Re ity ouncil 27 - 32 12/17/ 4 30 City of Santa Ana Master Agreement No. 64SantaAnaMA APPENDIX A TIRCP PROGRAM GUIDELINES AND DEPARTMENT DELEGATION (INSERT GUIDELINES AND DEPARTMENT DELEGATION) Revised as of 9/22/20 Page 31 City Council 27 — 33 12/17/2024 Master Agreement No. 64SantaAnaMA City of Santa Ana APPENDIX B RECIPIENT'S RESOLUTION (INSERT AGENCY BOARD RESOLUTION) Revised as of 9/22/20 Page 32 City Council 27 — 34 12/17/2024 EXHIBIT 2 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF PUBLIC WORKS AGENCY TO EXECUTE ALL PROGRAM SUPPLEMENT AGREEMENTS REQUIRED BY THE TRANSIT AND INTERCITY RAIL CAPITAL PROGRAM (TIRCP) MASTER AGREEMENT NO. 64SANTAANAMA FOR TIRCP-FUNDED PROJECTS BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Santa Ana may receive TIRCP funding from the California Department of Transportation ("Department") now or sometime in the future for transit projects; and WHEREAS, substantial revisions were made to the programming and funding process for the transportation projects programmed in the State Transportation Improvement Program by Chapter 622 (SB 45) of the Statutes of 1997; and WHEREAS, the statutes related to TIRCP-Funded Projects require a local or regional implementing agency to execute an agreement with the Department before it can be reimbursed for project expenditures; and WHEREAS, the Department utilizes Master Agreements for TIRCP-Funded Projects, along with associated Program Supplements, for the purpose of administering and reimbursing TIRCP funds to local agencies; and WHEREAS, the City wishes to delegate authorization to execute the Program Supplements and any amendments thereto to the Executive Director of Public Works, or his or her designee. WHEREAS, the Recipient is empowered to enter into this Agreement and which may also empower Recipient to enter into all subsequent Program Supplements adopting the provisions of this Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Executive Director of Public Works, or his or her designee, is hereby authorized to execute all Program Supplements for TIRCP-Funded Projects, and any Amendments thereto, with the California Department of Transportation. Resolution No. 2024-XXX Page 1 of 2 City Council 27 — 35 12/17/2024 Section 2. The City of Santa Ana agrees to comply with all conditions and requirements set forth in these agreements and applicable statutes, regulations and guidelines for all TIRCP-Funded Projects. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12024. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: onathan T. Martine Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers Councilmembers Valerie Amezcua Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: City Clerk City of Santa Ana Resolution No. 2024-XXX Page 2 of 2 City Council 27 — 36 12/17/2024 City Clerk's Office www.santa-ana.org/city-clerks-office Item # 28 o`er City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Regional Board [Re]Appointments AGENDA TITLE Biennial Review and [Re]Appointment of Regional Board Representatives RECOMMENDED ACTION 1. Review the regional board appointment list and [re]appoint members and alternates to serve as representatives to various outside agencies through December 2026 (or specific term where noted) [Metropolitan Water District of Southern California (MWD), Newport Bay Watershed Executive Committee, Orange County Fire Authority (OCFA), Orange County Housing Finance Trust (OCHFT), Orange County Sanitation District (OC San), Orange County Water District (OCWD), Southern California Association of Governments (SCAG), Orange County Council of Governments (OCCOG), Santa Ana River Flood Protection Agency (SARFPA), Transportation Corridor Agencies (TCA)]. 2. Adopt a resolution designating and appointing a representative to the Orange County Fire Authority's Board of Directors, if necessary. RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS 3. Direct the City Clerk to update and post the Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) on the City's website. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The City Council represents the City's interests in regional issues by serving on several regional boards/agencies, which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. City Council 28 — 1 12/17/2024 Regional Board [Re]Appointments December 17, 2024 Page 2 The City Council reviews regional board appointees every two years following the City's General Municipal Election and can make necessary changes. Descriptions of each regional board, including meeting dates and compensation, are included in Exhibit 1. A list of current representatives is attached as Exhibit 2. The following is a list of all regional boards, except for the Orange County Mosquito and Vector Control District, which bylaws do not allow the appointed representative to be replaced during their term except for cause. Nelida Mendoza was appointed to serve a two-year term scheduled to expire on January 1, 2026. Regional Board Current Representative Term Metropolitan Water District Mayor Pro Tern Thai Viet Phan None Board (MWD) Newport Bay Watershed Public Works Executive Director None Executive Committee Nabil Saba Orange County Fire Councilmember Phil Bacerra Requires Authority Resolution Orange County Housing Councilmember Jessie Lopez 2-year term Finance Trust Term Ending: December 2024 Orange County Sanitation Councilmember Johnathan Ryan None District Hernandez Alt: Councilmember Benjamin Vazquez Orange County Water Mayor Valerie Amezcua 4-year term District Term Ending: December 2024 Santa Ana River Flood Councilmember Benjamin Vazquez None Protection Agency Southern California Mayor Valerie Amezcua 2-year term Association of Alt: Jessie Lopez (OCCOG only) Term Ending: Governments (and May 2026 OCCOG) Transportation Corridor Councilmember David Penaloza None Agencies Alt: Mayor Valerie Amezcua Councilmember incumbents are eligible for reappointment, if the City Council so desires. Last year, the Chairperson of the OCFA Board of Directors requested continuity of board members. Councilmember Bacerra currently represents the City at OCFA. Accordingly, if the City Council wishes Councilmember Bacerra to continue in this position, no action is required. Should the City Council wish to appoint a new City Council 28 — 2 12/17/2024 Regional Board [Re]Appointments December 17, 2024 Page 3 representative, the proposed Resolution would need to be adopted by a majority of the City Council. The City has complied with FPPC Regulation 18702.5, which requires posting those certain paid positions in which members have self -appointment authority. As such, the City Council may vote on all appointments. 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. Descriptions of Regional Boards/Agencies 2. List of Current Regional Board Members 3. Resolution for OCFA Appointment Submitted By: Jennifer L. Hall, City Clerk Approved By: Alvaro Nunez, City Manager City Council 28 — 3 12/17/2024 REGIONAL BOARDS/AGENCIES DESCRIPTIONS METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (MWD) The Metropolitan Water District of Southern California is a state -established cooperative and regional wholesaler that delivers water to 26 member public agencies — 14 cities, 11 municipal water districts, one county water authority — which in turn provides water to more than 19 million people in Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties. The district imports water from the Colorado River and Northern California to supplement local supplies and helps its members develop increased water conservation, recycling, storage, and other resource -management programs. Membership: Council Member or resident Compensation: Reimbursement for mileage, conference registration, lodging Term Limits: None Meeting Location. MWD Headquarters Building, 700 N. Alameda Street, Los Angeles Meeting Date/Time: Monthly, 2nd Tuesday of each month at 12:30 P.M., Committee meetings on 2nd Monday and 2nd and 4t" Tuesday of each month Alternate: None NEWPORT BAY WATERSHED EXECUTIVE COMMITTEE The Newport Bay Watershed Executive Committee (Executive Committee) is the successor to the Upper Newport Bay Sediment Control Executive Committee established through a cooperative agreement in the early 1980s. The Executive Committee was formed by amendment of the cooperative agreement in 1999, and now includes in its interests the impairments of Newport Bay caused by nutrients, toxins, and pathogens in addition to sediment, as well as related environmental enhancements. Members of the Executive Committee are elected, appointed, or executive level managers, with one member from each of the signatories to the agreement (The County member, however, represents both the County and the Orange County Flood Control District). The Executive Committee provides strategic direction for environmental enhancement programs in the watershed, advocacy of these programs to the elected/appointed boards of the member organizations, and a forum for discussion of watershed environmental issues. Membership: Council Member or executive level manager Compensation: None Term Limits: None Meeting Location: Irvine Ranch Water District, 15600 Sand Canyon Ave, Irvine Meeting Date/Time: Biannually (March & September), 3rd Wednesday at 1:30-3:30 P.M. Alternate: None Page 1 of 6 City Council 28 — 4 12/ /2 2024 REGIONAL BOARDS/AGENCIES DESCRIPTIONS ORANGE COUNTY HOUSING FINANCE TRUST (OCHFT) The Orange County Housing Finance Trust (OCHFT) was formed in 2019 as a joint powers authority between the County of Orange and the cities throughout the county. OCHFT was created for the purpose of funding housing specifically assisting the homeless population and person and families of extremely low, very low, and low income within the County of Orange. Term of office for members of the Board of Directors shall be for two (2) years. Membership: Council Member Compensation: None Term Limits: 2-year term Meeting Location. County Administration North — Multi -Purpose Room, 400 W. Civic Center Drive, Santa Ana Meeting Date/Time: Once every two months, 3rd Wednesday of each month at 10:00 A.M. Alternate: None ORANGE COUNTY FIRE AUTHORITY (OCFA) The Orange County Fire Authority Board of Directors has 25 members and sets policy according to its adopted Rules of Procedures. Twenty-three (23) of the members represent partner cities, and two (2) members represent unincorporated areas in the county. A board member is appointed by the majority of the City Council and selection must be authorized by resolution. Membership. Council Member Compensation: $100 per meeting, maximum $300 per month Term Limits. None Meeting Location: OCFA Regional Fire Operations and Training Center, 1 Fire Authority Road, Irvine Meeting Date/Time: Monthly, 4t" Thursday of each month at 6:00 P.M. Alternate. None Page 2 of 6 City Council 28 — 5 12/ /2 2024 REGIONAL BOARDS/AGENCIES DESCRIPTIONS ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT (OCMVCD) The Orange County Mosquito and Vector Control Board is an independent special district dedicated to controlling rats, mosquitoes, and other disease carrying and public health pests. Activities also include surveillance of vectors and vector -borne diseases, public education services, identification of public health pests, and specific powers as outlined in the California Health and Safety Code. Each Trustee is appointed by the city they represent to serve a two or four-year term, and may only be removed for cause. Membership. Council Member or resident Compensation: $100/per meeting (in lieu of expenses) Term Limits. None; member serves a two or four year term, at discretion of Council Meeting Location. Orange County Mosquito and Vector Control District Headquarters, 13001 Garden Grove Blvd, Garden Grove, CA 92843 Meeting Date/Time: 3rd Thursday of each month at 3.00 P.M. Alternate: None ORANGE COUNTY SANITATION DISTRICT (OC San) The Orange County Sanitation District is a wastewater treatment facility that serves Orange County, California, consisting of two operating plants, referred to as Plant No. 1 located in Fountain Valley and Plant No. 2 located in Huntington Beach. It is the third largest wastewater treatment facility west of the Mississippi River. For over 50 years, OC SAN has safely collected, treated, and disposed of and/or reclaimed the wastewater generated by 2.5 million people living and working in central and northwestern Orange County. OC San and the Orange County Water District were awarded the Stockholm Industry Water Award in 2008 for pioneering work to develop with Trojan Technologies the Groundwater Replenishment System, the world's largest water purification plant for groundwater recharge. The mission of OC San is to protect public health and the environment by providing effective wastewater collection, treatment, and recycling. Membership. Council Member Compensation: $315 per meeting, plus mileage; maximum of six (6) meetings per month (increase to $315 effective January 1, 2025) Term Limits: None Meeting Location: OC San Administrative Office, 18480 Bandilier Cir, Fountain Valley, CA 92708 Meeting Date/Time: Monthly, 4t" Wednesday of each month at 6:00 P.M. (November and December meetings usually moved to 3rd Wednesday of the month due to holidays) Alternate: Yes Page 3 of 6 City Council 28 — 6 12/ /2 2024 REGIONAL BOARDS/AGENCIES DESCRIPTIONS ORANGE COUNTY WATER DISTRICT (OCWD), DIVISION 8 The Orange County Water District manages, replenishes, and protects the Orange County Groundwater Basin — Orange County's largest source of drinking water. The 270-square-mile basin provides approximately 75% of the water supply to more than 2.5 million residents in north and central Orange County. A 10-member board of directors governs the District and implements policies that foster sound management of the basin, as well as support the advancement of OCWD's mission to provide an adequate, reliable, high -quality water supply at the lowest reasonable cost in an environmentally responsible manner. Seven (7) board members are elected and three (3) are appointed by the Anaheim, Fullerton, and Santa Ana city councils. Membership. Council Member or resident Compensation: $330.75 per meeting, maximum of 10 meetings Term Limits. 4-year term Meeting Location: Orange County Water District, 18700 Ward Street, Fountain Valley Meeting Date/Time: Twice per month, 1st and 3rd Wednesday of each month at 5:30 P.M. Alternate: None SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) The SARFPA was formed on November 25, 1974 to support the Santa Ana River Mainstream Project. As a joint powers agency, SARFPA's primary function is to seek congressional authorization and appropriations for the Santa Ana River Mainstream Project. The agency provides Orange County residents with information on the Santa Ana River flood threat and supports, on their behalf, the need for flood control improvements. Membership: Council Member Compensation: None Term Limits: None Meeting Location. Orange County Water District, 18700 Ward Street, Fountain Valley [and recently by Zoom] Meeting Date/Time: 4t" Thursday of each odd month at 4:00 P.M. Alternate: Yes Page 4 of 6 City Council 28 — 7 112/17EUT 2024 REGIONAL BOARDS/AGENCIES DESCRIPTIONS SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG), DISTRICT 16 SCAG is an association representing six (6) counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) that works to develop regional plans for transportation, growth management, housing development, air quality, and other issues of regional significance. SCAG's 86 Regional Council Members have the key responsibility for representing the Southern California region on issues such as transportation investments, growth strategies, and the allocation of future housing needs. Regional Council Members have an important voice in short and long-term planning and greater influence in legislation and access to the knowledge and insight provided on ongoing activities affecting your constituency throughout the state. Membership. Council Member Compensation: $150 per diem stipend for attendance at SCAG-clerked meetings or SCAG-sponsored events or other authorized SCAG business activities; and maximum of six (6) per diem stipends per month for SCAG-non-clerked meetings; mileage reimbursement or public transit expenses Term Limits. 2-year term, no maximum Meeting Location: SCAG Main Office, 900 Wilshire Blvd., Suite 1700, Los Angeles, CA 90017 Meeting Date/Time: Monthly, 1st Thursday of each month; 12:15 P.M. — 2:00 P.M. Alternate. No ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) OCCOG serves as a forum for the consideration, study, and recommendation to member entities on a range of area -wide and regional issues including transportation, housing, livable communities, exploring practical avenues for intergovernmental cooperation, and coordination. OCCCOG is also responsible for adopting Orange County's demographic projections for population, employment, and housing. OCCOG representatives also serve on SCAG committees and Regional Council to make sure Orange County's voice is heard when regional policy -making takes place. OCCOG is governed by an 18-member Board of Directors. As the subregional planning agency for Orange County, OCCOG is also responsible for conducting the elections for SCAG representatives for Orange County and selects Orange County's 12 SCAG committee representatives. Membership. Must be the same as SCAG representative Compensation: $100/per meeting Term Limits. None Meeting Location: TCA Office, 125 Pacifica, Board Room, Irvine, CA 92618 [and recently by Zoom, if requested 72 hours in advance] Meeting Date/Time: Monthly, 4t" Thursday of each month; 10:30 A.M. — 12:30 P.M. Alternate. Yes Page 5 of 6 City Council 28 — 8 12/ /2 2oa4 REGIONAL BOARDS/AGENCIES DESCRIPTIONS TRANSPORTATION CORRIDOR AGENCIES (TCA) — FOOTHILL/EASTERN The Transportation Corridor Agencies are a Joint Powers Authority formed in 1986 to design, finance, construct, and operate the three Orange County toll roads (241, 261, and 133) which link the Riverside (SR-91) Freeway near the Orange/Riverside County border to 1-5 in Irvine and to communities in south Orange County. As the region's population increases and the economy grows, the TCA is looking at ways to ensure that The Toll Roads remain a valuable, congestion -free alternative to local freeways. Membership: Council Member Compensation: $120 per meeting, plus mileage reimbursement based on travel from City Hall Term Limits. None Meeting Location: TCA Office, 125 Pacifica, Board Room, Irvine, CA 92618 Meeting Date/Time: Monthly, 2nd Thursday of each month at 9.30 A.M. Alternate: Yes Page 6 of 6 City Council 28 — 9 112/17EUT 2024 CITY OF SANTA ANA 2023-24 REGIONAL BOARD AND SUBCOMMITTEE MEMBERS BOARD CURRENT POSITION MEETINGS COMPENSATION / TERM MEMBER REMUNERATION EXPIRES Board Mtgs 2nd Tues of Mileage Metropolitan Water District Thai Viet Rep. mo. @ 12:30 with Cmte reimbursement Board (MWD) Phanmtgs at 8 a.m.; Cmte Mtgs from MWD 4th Tues all day Nabil Saba, Quarterly the V Newport Bay Watershed Executive Wednesday from 1:30-3:00 Executive Committee Director, Rep. at Irvine Ranch Water None Public Works District, 15600 Sand Canyon Ave, Irvine, 92618 Orange County Fire Phil Bacerra Rep. Every Month at 6:30 p.m. $100 per mtg.; max Requires AuthorityOFCA * $300 Resolution Orange County Housing Jessie Lopez Rep. Every two months or as None Finance Trust called OC Sanitation District * Johnathan Ryan Rep. Meets once a month on the $212.50/Mtg. Max Hernandez 4th Wednesday at 6 p.m. 6/Mo. Plus mileage OC Sanitation District * Benjamin Alt. Meets once a month on the $212.50/Mtg. Max Vazquez 4th Wed. at 6 p.m. 6/Mo. Plus mileage OC Vector Control District Nelida Rep. Meets on 3rd Thursday at 3 $100/Mtg. 1/1/2026 Mendoza m. 1st & 3rd Wednesday at Orange County Water Valerie 5:30 p.m., 18700 Ward St., $221.12/ Day Max Rep. Fountain Valley, CA — 10 mtgs./Mo. Plus District* Amezcua Committees at various mileage $0.50 times / dates Southern California Valerie District 16 - Meets 1st $120/Mtg. Max Association of Amezcua Rep. Thursday of each month, 6/Mo. Plus mileage Governments (SCAG) * 10 a.m. — 1:30 p.m. from City Hall Orange County Council of Valerie Meets once a month on the Governments Board of Amezcua Rep. 4th Thurs. at 11 a.m. None Directors (OCCOG) * Orange County Council of Meets once a month on the Governments Board of Jessie Lopez Alt. 4th Thurs. at 11 a.m. None Directors (OCCOG) * Santa Ana River Flood Benjamin Meets odd months on the Protection Agency Vazquez Rep. 4th Thurs. at 4:00 p.m. None (SARFPA) David $120/Mtg. Max Transportation Corridor Penaloza Rep. Meets on the 2nd Thursday 6/Mo.; Ad Hoc Agencies (TCA) * at 9:30 am Cmts $120 plus Mileage Valerie $120/Mtg. Max Transportation Corridor Amezcua Alt. Meets on the 2nd Thursday 6/Mo.; Ad Hoc Agencies (TCA) * at 9:30 am Cmts $120 plus Mileage *Required to file a FPPC Statement of Economic Interests (Form 700) City Council 28 — 10 12/17/2024 Revised 11/22/23 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS WHEREAS, the City of Santa Ana ("City"), as a "member" of the Orange County Fire Authority Joint Powers Authority ("JPA"), is entitled to appoint a representative director ("Director") to the Orange County Fire Authority's Board of Directors; and WHEREAS, each member agency, by resolution of its governing body, shall designate and appoint one representative to act as its Director on the Authority Board of Directors, except the County, whose Board of Supervisors shall appoint two representatives to act as its Directors; and WHEREAS, each Director shall be a current elected member of the governing body; and WHEREAS, each Director shall hold office until the selection of a successor by the appointing body; and WHEREAS, each Director is to serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body; and WHEREAS, any vacancy shall be filled in the same manner as the original appointment of a Director. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Council hereby designates and appoints Councilmember as a Director to the Orange County Fire Authority Board of Directors. Section 2. The City Council hereby directs the City Clerk to transmit a copy of this Resolution to the Clerk of the Authority of the Orange County Fire Authority prior to its next regularly scheduled board meeting. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. Resolution No. 2024-XXX Page 1 of 2 City Council 28 —11 12/17/2024 ADOPTED this 17th day of December, 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Melissa M. Crosthwaite Senior Assistant City Attorney /_\'1�• �111'iT�lI i - Iai 07W NOES: Councilmembers ABSTAIN: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original Resolution adopted by the City Council of the City of Santa Ana on December 17, 2024. Date: City Clerk City of Santa Ana Resolution No. 2024-XXX Page 2 of 2 City Council 28 — 12 12/17/2024 Police Department www.santa-ana.org/pol ice Item # 29 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Ordinance Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code AGENDA TITLE Ordinance Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33 and Chapter 36 of the Santa Ana Municipal Code RECOMMENDED ACTION Conduct a first reading and adopt an ordinance adding and amending various articles and sections of the Santa Ana Municipal Code to prohibit conduct that interferes with public rights of access to public property to address changes in the law brought by the City of Grants Pass, Oregon V. Johnson, et. al., 144 S. Ct. 2202 (2024): ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND ADDING PROVISIONS TO CHAPTER 10 (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE SANTA ANA MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS), AND CHAPTER 36 (TRAFFIC) TO PROHIBIT CONDUCT THAT INTERFERES WITH THE PUBLIC'S RIGHTS OF ACCESS TO PUBLIC PROPERTY AND TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024) GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The City of Santa Ana, including all City departments, remains committed to ensuring the safety, health, and general welfare of all of its residents, visitors, and businesses. As part of that commitment, it continues to be the obligation of the City to keep the public areas clean and available for public use and to ensure access by the public to all City Council 29 — 1 12/17/2024 Ordinance Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code December 17, 2024 Page 2 property, both public and private, by the disabled, elderly, families, children, and visitors to the City of Santa Ana. The Police Department is primarily responsible for the enforcement of the laws and the Public Works Agency collaborates with the Parks, Recreation, and Community Services Agency to maintain the cleanliness of all public areas, including the parks. The City has taken proactive measures to address the underlying issues leading to unlawful camping and the storage of personal items on public property, including, but not limited to, the implementation of two outreach and engagement teams to address needed resources for unsheltered persons. On June 12, 2022, the City opened the Navigation Center which operates 24 hours a day, seven days a week, providing 200 beds for men, women, couples, and families, a commercial kitchen, and an outdoor area for participants and their pets, to provide shelter to homeless persons in the City of Santa Ana. Despite these efforts, the challenges persist. In May of 2024, the County of Orange released its 2024 point in time count and estimated a total of 7,322 individuals experiencing homelessness living in Orange County, a 28% increase from two years prior. During the same count, it was estimated the City of Santa Ana has 871 unsheltered persons living in the City, a significant increase from 2022, where it was estimated the City had 508 unsheltered persons living in the City. The City of Santa Ana has adopted regulations to address interference and access to public areas and continues to look for ways to provide necessary resources to the unsheltered to provide a multi -faceted and holistic approach to ensuring the safety, health, and general welfare of all of its residents. However, the public continues to express concern that access to public and private property is being impeded or prevented by people camping on public property, by the storage of personal items on public property, and by people using the public rights -of -way to sit, sleep, and lie down. In 2024, the United States Supreme Court issued new law addressing the enforcement of laws regarding sleeping, camping, and storing personal property in public parks and public places in City of Grants Pass, Oregon v. Johnson, et al., 144 S. Ct.2202 (2024) ("Grants Pass"). Based upon the court's ruling, City Staff recommends adding to and amending the Santa Ana Municipal Code to provide additional enforcement mechanisms to complement and enhance existing efforts to the on -going quality -of -life challenges experienced by residents, visitors, and businesses. In summary, the proposed Ordinance additions and amendments do the following: City Council 29 — 2 12/17/2024 Ordinance Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code December 17, 2024 Page 3 • Adds new Sections 10-94 and 10-95 to Article I (In General) of Chapter 10, which addresses loitering and sleeping on public benches and loitering and sleeping in public restrooms, respectively; • Amends Section 10-100 of the same Article and Chapter to address not obstructive "matter" in a public right-of-way but obstructions more generally and to include certain areas specifically; • Adds enforcement provisions related to Section 10-94 to 10-100 to clarify the City's ability to cite an offense as an infraction or misdemeanor, and to pursue administrative, civil, or criminal enforcement; • Amends the City's Article VIII (Camping and Storage of Personal Property) of Chapter 10 to augment the City's definition of "camp" and camping" as well as "camp facilities." The proposed ordinance also adds other definitions consistent with other articles and chapters of the SAMC and includes an enforcement provision similar to that added with respect to obstructions; • Amends the City's Article X (Civic Center Regulation) to delete duplicative provisions related to camping and storage and a provision limiting animals in the civic center (Section 10-550-552). The new Article X adds a definition of the Civic Center, and renumbers the other remaining regulations; • Adds sections to Chapter 31 (Recreation, Parks and Playgrounds) related to storage of personal property in parks specifically and also prohibiting sleeping or loitering in park restrooms specifically; and • Amends Section 33-113 of Chapter 33 (Streets, Sidewalks and Public Works) to address sleeping, laying, or standing on a bus bench or shelter when a bus route is not in operation as stated in posted signage. 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. Ordinance (redline for first reading) Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Alvaro Nunez, City Manager City Council 29 — 3 12/17/2024 i00:u2111111111111ii ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND ADDING PROVISIONS TO CHAPTER 10 (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE SANTA ANA MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS), AND CHAPTER 36 (TRAFFIC) TO PROHIBIT CONDUCT THAT INTERFERES WITH THE PUBLIC'S RIGHTS OF ACCESS TO PUBLIC PROPERTY AND TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024) WHEREAS, Section 200 of the City Charter of the City of Santa Ana ("City") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; and WHEREAS, on August 8, 1992, the City of Santa Ana adopted Ordinance No. 2160, adding provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) to address, regulate and enforce violations of both camping and storage of personal property in parks, streets and public parking lots or public spaces, improved or unimproved; and WHEREAS, the stated purpose of Article VIII (Camping and Storage of Personal Property) at Section 10-400 was to "maintain public streets and areas within the City of Santa Ana in a clean and accessible condition"; and WHEREAS, on May 3, 1993, the City of Santa Ana adopted Ordinance No. 2194 amending Article VIII to modify the definition of "camp"; and WHEREAS, the City's adoption of Section 10-400, et. seq. was challenged by three homeless individuals arguing, on various grounds, that the law was unconstitutional; and WHEREAS, in Tobe v. City of Santa Ana, 9 CalAth 1069, the Supreme Court held that the ordinance did not impermissibly restrict the right to travel and was not unconstitutionally vague or overbroad; and WHEREAS, the City is committed to ensuring the safety, health and general welfare of all of its residents, visitors and businesses; and Ordinance No. NS-XXX City Council 29 — 4 12/1 f 16 WHEREAS, as part of that commitment, it has been and continues to be the obligation of the City to keep the public areas clean and available for public use and to ensure access by the public to all property, both public and private, by the disabled, elderly, families, children, and visitors to the City of Santa Ana; and WHEREAS, the City has taken proactive measures to address the underlying issues leading to unlawful camping and the storage of personal items on public property, including, but not limited to, the implementation of two outreach and engagement teams to address needed resources for unsheltered persons in the City, possible through the use of grants and the expenditure of City funds; and WHEREAS, the Santa Ana Multi -Disciplinary Response Team (SMART), a pilot program between the City and CityNet, is a specialized non -police response team that provides outreach via direct field engagement, to offer resources including shelter and connections to mental health and medical treatment in association; and WHEREAS, the Quality of Life Team (QOLT) is a multi -disciplinary team to address quality of life issues throughout the City. The team problem solves issues regarding homelessness in the field including outreach services, encampment clean-up and enforcement action when necessary; and WHEREAS, on June 12, 2022, the City also opened the Navigation Center which operates 24 hours a day, seven days a week, providing 200 beds for men, women, couples and families, a commercial kitchen, and an outdoor area for participants and their pets, to provide shelter to unsheltered persons in the City of Santa Ana; and WHEREAS, in 2023, the Department of Housing and Urban Development ("HUD") released its Annual Housing Assessment Report, which estimated that there are 653,104 homeless Americans, based on its annual Point -In -Time ("PIT") Count, representing a 12.1 % increase from the same report in 2022; and WHEREAS, HUD data also provided that California is home to four (4) of the nation's top ten major metropolitan areas with the largest number of persons experiencing homelessness, along with New York, Texas and Florida; and WHEREAS, in May of 2024, the County of Orange released its 2024 PIT Count and estimated that a total of 7,322 persons experiencing homelessness were living in Orange County, a 28% increase from two years prior; and WHEREAS, from that same count, it was estimated that the City of Santa has 871 unsheltered persons living in the City, a significant increase from 2022, where it was estimated the City had 508 unsheltered persons living in the City; and WHEREAS, recently, the Supreme Court issued new law addressing the enforcement of laws regarding sleeping, camping and storing personal property in public Ordinance No. NS-XXX City Council 29 — 5 12/1 f 16 parks and public places in City of Grants Pass, Oregon v. Johnson, et al., 144 S. Ct.2202 (2024) ("Grants Pass"); and WHEREAS, although the City of Santa Ana adopted municipal code regulations to address interference and access to public areas and continues to provide a multi -faceted and holistic approach to ensuring the safety, health and general welfare of all of its residents, the public continues to express concern that access to public and private property is being impeded or prevented by people camping on public property, by the storage of personal items on public property, and by people using the public rights -of -way to sit, sleep and lie down; and WHEREAS, other public spaces, including public rights -of -way as well as other public property not covered by existing regulations, are similarly intended for the use and enjoyment of all members of the community and should be maintained in a safe and accessible condition; and WHEREAS, the storage of unattended personal property on public property also creates a particular safety and security risk to the public requiring additional, broader regulations; and WHEREAS, for all of the foregoing reasons, the City Council desires to amend the Santa Ana Municipal Code to provide additional protections for the public health, safety and general welfare and additional enforcement mechanisms for those purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the introduction and adoption of this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 16060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment. Section 3. Article I (In General) of Chapter 10 is hereby amended to add new Sections and amend others to read as follows: Sec. 10-94. - No loitering or sleeping on public benches, etc. No person shall loiter, sleep. lav down. or lodae on a public bench or bike rack. Ordinance No. NS-XXX City Council 29 — 6 12/1 f 16 Sec. 10-95. - No loitering or sleeping in a public restroom. No person shall loiter, sleep, lay down, or lodge in a public restroom. Sec. 10-98. - Obstructing entranGe to halls -, etc-, public or private access. Ne PeFE;GR shall loiter er stand GF Got in or at the eRtraRGe ef any hall, theater or plaGe of publin assemblage so as in one, ronRer +o obstr,,n+ c, Gh on+ronno No person shall crcv�.rcrcrc�a cn c rrrrai�cc. loiter, stand, lie, sleep, sit or in any manner obstruct public or private access, by ingress or egress, in or at the entrance of any public or private building so as in any manner to obstruct such ingress or egress access. Sec.10-100.- Obstruction obstrU Gtiye matter of the public right-of-way is prohibited. (a) No F)eFSGR shall plaGe, maintain, store, abandon, af4x-,-a#aGh er oth the gna+inn of any, ebstrun+i"o matter OR any, street sidewalk, alley or narUwav within any, nor+ of the iqubk ri h+_of_wa„ inn'„rding all of the folloWing: No person shall obstruct public or private access by sitting, lying, or sleeping on public property or by storing, using or maintainina. or Dlacina Dersonal Droaerty in anv Dublic riaht-of-way. includina the following: (1) In a manner that obstructs or impedes passage, as provided by the American with Disabilities Act; (2) On or within twenty (20) feet of any operational or utilizable driveway, ramp, or loading dock; 3) On or within twentv (20) feet of anv fire hvdrant, fire Dlua or other connection used by the Fire Department; (4) Within twenty (20) feet of the entrance to a public restroom, park, public trail or public path; 5) Within fiftv (50) feet of an operational and utilizable entrance or exit to a building, establishment, retail store, restaurant, office building or other place into which the Dublic is invited: Within twentv (20) feet of an automatic teller machine or anv door that Drovides access to the automatic teller machine; (7) Within twenty (20) feet of an electric vehicle charging station, parking pay station or parking meter; (8) Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect; Ordinance No. NS-XXX City Council 29 - 7 12/1 2 f 16 (9) In a manner that unreasonably interferes with the use of the public right-of-way by motor vehicles, pedestrians or bicycles; or (10) Within two hundred (200) feet of a college, school or day care center. (b) Except as excluded under paragraph (c) of this Section, any object, material or substance which hinders or prevents the free passage of the public on that part of the public right-of-way where it is located shall constitute an obstruction ^"o rQEtivMatter for purposes of this Section. (c) The following shall not constitute an obstruction obstruGtiv matter for purposes of this Section: (1) Legally parked vehicles; (2) Trash and refuse placed for collection by the municipal collection service; (3) Objects placed for a period not exceeding one (1) hour for purposes of loading or unloading, provided such activity is not part of a regular course of conduct; (4) Temporary drainage of water, provided that public passage and access to abutting property remains open and no hazard to health or safety is created; (5) Minor encroachment of buildings and such appurtenances to buildings as are not readily capable of removal; (6) Any legally located bus passenger bench or shelter or material located in accordance with any municipal permit or authorization or with any requirement or regulation of any state or federal agency or with any requirement of law. (d) Nothing in this Section shall be construed to in any way limit any other rights or remedies to which the city may be entitled to abate any obstruction or encroachment in the public right-of-way. (e) It shall not be a violation of this Section for a person to sit for purposes of viewing a legally conducted parade or similar lawful or permitted event. Sec. 10-101. - Enforcement any person who violates Sections 10-94 to 10-100 of this Article may be charged with an infraction or a misdemeanor at the discretion of the citing officer. (b) In addition to any other remedy allowed by law, any person who violates a provision of this Article is subiect to criminal sanctions, civil actions. and Ordinance No. NS-XXX City Council 29 — 8 12/1 f 16 administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal Code. (c) All remedies prescribed under this Article are cumulative and the election of one or more remedies does not bar the Citv from the pursuit of anv other remedv to enforce Sections 10-94 through 10-100 of this Article. (d) A public nuisance may be abated pursuant to this Article if it must be abated immediately in order to avoid an imminent detriment, to the public health, safetv. or welfare. Section 4. Article VIII (Camping and Storage of Personal Property) of Chapter 10 is hereby amended to add a new Section and amend others to read as follows: ARTICLE VIII. — CAMPING AND STORAGE OF PERSONAL PROPERTY Sec. 10-400. - Purpose. The public parks, public streets and alleys, public parking lots, public rights -of -way, parkways, public sidewalks, and other publicly -owned or controlled property within the City should be readily accessible and available to residents, businesses and the public at large for their intended purposes. The use of these public areas for Camping purposes and/or for the Storage of Personal Property interferes with the rights of others to use and enjoy these public areas as they are intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. The purpose of this article is to maintain these public areas within the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City. Nothing in this article is intended to interfere with otherwise lawful and ordinary uses of public property. Sec. 10-401. - Definitions. Unless the particular provisions or the context otherwise requires, the definitions contained in this Section shall govern the construction, meaning and application of words and phrases used in this article. Ordinance No. NS-XXX City Council 29 — 9 12/1 f 16 (a) Camp or Campinq means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes, or for remaining outdoors overnight, or to use a vehicle for human habitation. A person shall be considered to be using property for living accommodation purposes if: the person admits they are camping; the person is using a camp facility or camp paraphernalia between the hours of 10:00 p.m. and 6:00 a.m. to live outdoors or remain outdoors overnight; or, based on the totality of the circumstances, it is established that a person is using the property at any time to live, dwell, or reside, which is exemplified by: the person sleeping, or preparing to sleep outdoors; the person having with them recreational equipment that cannot be used for its intended purpose; the person having with them camp stoves, pots, pans, or other cooking equipment in an area that is not designated for cooking; the person having with them a sleeping bag, sleeping pad, blanket, pillow, bedroll or other similar bedding; the person having with them trash, recyclables, rubbish, or other garbage; the person having with them animal waste or medical waste that is stored in buckets, bottles or similar containers; and/or the person bathing or grooming themselves outside of facilities designated for those purposes. A person shall be considered to be using a vehicle for human habitation if: the person admits they are using the vehicle to camp; the inability of a person outside the vehicle to view through two or more windows because the view is limited or blocked; the inability to use seating in the vehicle because a large volume of personal belongings, trash, rubbish, or garbage is stored in the vehicle; the person is preparing or cooking meals inside or on the vehicle; the person is bathing or grooming inside the vehicle; the use of buckets, bottles or similar containers to hold bodily fluids, or human waste; and/or having furniture set up or around the vehicle, such as chairs, tables, umbrellas, or portable cooking equipment, where the totality of the items impedes and impacts the public right of way and general public safety. (b) Camp facility or camp facilities means any, or a combination of, the following: a tent, hut, other temporary physical structure or shelter, cot, bed, or hammock ;ncl,hut or temporary shelters are not limited to, tents, huts hts (c) Camp paraphernalia means items that facilitate living outside including items that are used for: sleeping, such as such as sleeping bags, sleeping pads, blankets, pillows, bedrolls, or other similar bedding; cooking, such as camp stoves, pots, pans, or other cooking equipment; storage, such as backpacks, luggage, or coolers; sitting, such as moveable chairs; and lighting, such as headlamps, a lantern, or flashlights. innlis, but is ROt limited to, tarpaulins, GOtS, beds, sleepiRg bags, haFnMeGks Or ReR-Gity designated GGeking facilities and similar equipment. dl Civic Center means the same as defined in Section 36-18 of the Code. Ordinance No. NS-XXX City Council 29 - 10 12/1 f 16 (f) Median means the same as defined in Section 36-16 of this Code e) Park means the same as defined in Section 31-1 of this Code. (f) Personal Property means tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, items used for camping such as tents or bedding, money, books, and "shopping carts" as defined in Sec. 33-210 of this (-nr p Public Place shall mean the same as defined in Section 10-701 of this Code. (h) Store, Stored, Storing or Storage means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. Moving personal Property to another location on public property or returning personal property within 1,000 feet from a location where a person previously received a citation for violation of Section 10-403 within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property. Street means the same as defined in Section 1-2 of this Code. Tent means any tarp, cover hut, structure, enclosure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, nr chaltar k) Vehicle shall include a motor vehicle as defined by California Vehicle Code Section 415, a recreational vehicle as defined by California Health and Safety Code Section 18010(a), a camp trailer as defined in California Vehicle Code Section 242, a house car as defined in California Vehicle Code Section 362 or a trailer coach as defined in California Vehicle Code Section 635. or anv successor statute thereof. Sec. 10-402. - Unlawful camping. It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided: 0 Ordinance No. NS-XXX City Council 29 —11 12/1 f 16 a) Civic Center: (b) Median; c) Public Place. Sec. 10-403. - Storage of personal property in public places. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council: /1:1�if:ttt.�7TEa a) Civic Center: c) Public Place. Sec. 10-404 — Enforcement. a) Any person who violates this Article may be charged with an infraction or a misdemeanor at the discretion of the citing officer. (b) In addition to any other remedy allowed by law, any person who violates a provision of this Article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal Code. (c) All remedies prescribed under this Article are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce this Article. d) A public nuisance may be abated pursuant to this article if it must be abated immediately in order to avoid an imminent detriment, to the public health, safetv. or welfare. Section 5. Article X (Civic Center Regulations) of Chapter 10 is hereby amended to read as follows: Ordinance No. NS-XXX City Council 29 — 12 12/1 f 16 ARTICLE X. - CIVIC CENTER REGULATION I M MIN WIN- .. -. MUM Ordinance No. NS-XXX City Council 29 — 13 12/1 O f 16 ffilgle'sml�mmmsg e � �lili�ls!ll l� Ordinance No. NS-XXX City Council 29 — 14 12/1 O f 16 .�II11119li�i�ll�llr�l��i�!lu'�,�Y��'���@�'���I'�'u�mlG.l[� lip fea Sec. 10-550. — Definition. For purposes of this chapter, Civic Center shall mean that area in the City of Santa Ana, County of Orange, State of California, bounded by Sycamore Street on the east, Civic Ordinance No. NS-XXX City Council 29 — 15 112/M201f 16 Center Drive West on the north, Shelton Street on the west, and Santa Ana Boulevard on the south. Sec. 10-551. - No vehicles in pedestrian areas in the civic center. No person shall operate or park a motorized vehicle in the Civic Center, except on a vehicular road designated for that purpose in the Civic Center, without the written permission from the city manager, or his or her designee, provided however, that this Section shall not apply to motorized personal assistive devices or law enforcement vehicles, maintenance vehicles or contractor vehicles on Civic Center plazas, walkways or other areas intended for pedestrians where the drivers of these vehicles are on the Property to fulfill their professional responsibilities. Sec. 10-552. - Permit required to provide organized services in the civic center. (a) No person, entity, organization or business shall provide organized food, medical or social services or events in the Civic Center without first obtaining an event permit in accordance with policies adopted by the city manager, or his or her designee, and any applicable licenses or permits required to provide such services or access to Civic Center property. The purpose of this Section is to ensure that all services are provided in an organized manner by those who have the proper experience and/or credentials needed to provide the service and who have submitted a set-uD and clean-uD plan to the citv. (b) This Section shall not apply to city, county, state or federal employees conducting official business or those who are contracted by these aaencies to Drovide services related to that official business. Section 6. Chapter 31 (Recreation, Parks and Playgrounds) is hereby amended to add new Sections to read as follows: Sec. 31-2.3.1. - Storage of personal property in parks. Any personal property left in any park at the time the park is closed to the public, whether or not the Dersonal DroDerty is attended. shall be stored Dursuant to existina Citv Dolicv which Drovides due Drocess and a riaht to retrieve the Dersonal Droae Sec. 31-2.12.1.- No sleeping or loitering in park restroom. (a) No person shall sleep, lay down or lodge in a park restroom. (b) No person shall loiter in a park restroom. Section 7. Section 33-113 of Article IV (Benches and Bus Shelters) of Chapter 33 (Streets, Sidewalks and Public Works) is hereby amended to read as follows: Ordinance No. NS-XXX f 16 City Council 29 — 16 12/1 0 Sec. 33-113. - Interference with bus benches or bus shelters. (a) It shall be unlawful for any person, firm, corporation or association, to tamper with, injure, deface or commit acts of vandalism upon any bus bench or bus shelter lawfully upon a public way, pursuant to the provisions of this article. (b) It shall be unlawful for any person to utilize by sleeping, laying or standing upon a bus bench or bus shelter during hours when the bus route is not in operation as stated in the posted sign announcing the bus route and the time of operations. Section 8. Section 36-118 of Article III (Pedestrians) of Chapter 36 (Traffic) is hereby amended to read as follows: Sec. 36-118. - Standing in median; storage of property in median. (a) No person shall stand, walk or sit on any median other than in a safety zone or in a crosswalk. This Section shall not apply to any public officer, construction worker or employee of a public utility or its agent acting in the line of duty if such presence on the median is necessary to carry out the functions of the job. (b) No person shall store or place personal property on any median. Section 9. 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 10. This Ordinance shall become effective thirty (30) days after its adoption. Section 11. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. Ordinance No. NS-XXX City Council 29 — 17 12/1 02 f 16 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By.�� I&A Melissa M. Crosthwaite Senior Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers I�[�ltr�:�xy�►���:m'iT.11PiTaiil.'��. , 2024. Valerie Amezcua Mayor Ordinance No. NS-XXX 116 City Council 29 — 18 12/1 20 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXX 116 City Council 29 — 19 12/1 O Planning and Building Agency www.santa-ana.org/pb Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: An Uncodified Ordinance amending the list of replacement parcels and exempt parcels pursuant to California Government Code Sections 65912.114 and 65912.124 AGENDA TITLE Uncodified Ordinance of the City Council of the City Of Santa Ana Amending the List of Replacement Parcels and Parcels Exempt From California Government Code Sections 65912.114 And 65912.124 Based On Written Findings Pursuant to California Government Code Sections 65912.114(i) and 65912.124(i) RECOMMENDED ACTIONS 1. Adopt an uncodified ordinance amending the list of replacement parcels and parcels exempt from California Government Code Sections 65912.114 and 65912.124 based on written findings pursuant to California Government Code Sections 65912.114(i) and 65912.124(i). UNCODIFIED ORDINANCE NO. NS-XXXX entitled AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LIST OF REPLACEMENT PARCELS AND PARCELS EXEMPT FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) 2. Determine that adoption of this ordinance not subject to the California Environmental Quality Act (CEQA). Pursuant to California Government Code sections 65912.114(o) and 65912.124(o), adoption of an ordinance by a city implementing the provisions of AB 2011 is statutorily exempt. GOVERNMENT CODE 484308 APPLIES: No EXECUTIVE SUMMARY The City Council of the City of Santa Ana adopted Ordinance No. NS-3045 and Ordinance No. NS-3047 ("Ordinances") on June 20, 2023, and conducted a second reading of the standard ordinance on July 18, 2023, exempting certain parcels within the City from Assembly Bill 201', (AB 2011) streamlining approval processes and designating certain parcels within the City as alternative sites for development. City Council 30 — 1 12/17/2024 Ordinance to Revise Local AB 2011 Implementing Ordinance December 17, 2024 Page 2 Assembly Bill 2243 (AB 2243), signed into law by the Governor on September 19, 2024, will take effect on January 1, 2025. AB 2243 makes certain changes to AB 2011 site eligibility criteria and development standards. The changes will result in a number of sites that were previously not eligible for AB 2011 streamlined, ministerial approval and, thus, not contemplated, analyzed or included in the Ordinances, to now qualify for AB 2011 streamlining. The proposed ordinance amendments will revise the previously adopted AB 2011 exempt parcels lists by removing sites that are less integral to the General Plan's vision and adopted land use plan and adding sites to the previously adopted exempt parcels lists that are key to implementing that vision. The proposed ordinance amendments will also revise the previously adopted AB 2011 alternative and up -zoned parcels list. The lost potential capacity from the amended exempt parcels lists will be covered by the surplus capacity from the amended alternative and up -zoned parcels. DISCUSSION Over the last five years, numerous housing bills have been signed into law to address the state's housing crisis. In general, changes to state law have attempted to solve the housing crisis through limiting local land use controls to allow development proposals to circumvent community review and comment, compliance with local land use plans, and streamlining or exemption from the California Environmental Quality Act (CEQA). Cities like Santa Ana that routinely exceed their Regional Housing Needs Allocation (RHNA) for housing unit development are often not exempt from these laws. Assembly Bill 2011 AB 2011, known as the Affordable Housing and High Road Jobs Act of 2022, was approved by the state legislature, signed into law by the Governor on September 28, 2022, and took effect July 1, 2023. The bill created a streamlined, ministerial approval process for housing developments that meet specified objective standards, affordability, site criteria, and wage and labor standards. Specifically, the bill will allowed residential development on sites currently zoned and designated for commercial or retail uses. The bill also created a CEQA-exempt, ministerial approval process for qualifying development projects. The law provides different qualifying criteria for two categories of housing and they include 100-percent affordable projects and mixed -income projects. The provisions will sunset on January 1, 2033, unless extended through subsequent legislation. AB 2011 includes a provision that permits local governments to exempt parcels from the streamlining provisions permitted under the bill before a development proponent submits a development application on a parcel provided certain findings are made. A local government must identify one or more alternative sites for residential development that would result in no net loss of the total potential residential density in the jurisdiction, no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction, and will affirmatively further fair housing. City Council 30 — 2 12/17/2024 Ordinance to Revise Local AB 2011 Implementing Ordinance December 17, 2024 Page 3 Assembly Bill 2243 AB 2243 was signed by the Governor on September 19, 2024, and will become effective on January 1, 2025. AB 2243 amends AB 2011 and removes existing development standards in state law that prohibit housing developments from being subject to the streamlined, ministerial approval process if proposed housing units are located within 500 feet of a freeway, as well as makes amendments to other applicability criteria. AB 2243 will authorize those housing developments within the 500-foot freeway buffer to be subject to the streamlined, ministerial approval process, provided that habitable areas of the building provide air filtration systems for outside and return air that provide a minimum efficiency reporting value of 13. Impacts of AB 2243 to the General Plan The City of Santa Ana completed a comprehensive update of its General Plan in 2022, including the adoption of a new land use plan, to guide future development and address the city's housing needs. That new land use plan encompasses over 1,500 acres of land designated in five Focus Areas throughout the City and includes over 770 acres allowing residential density at or exceeding 30 dwelling units per acre, which is the threshold established and deemed appropriate by state law to accommodate housing for lower income households for jurisdictions in a metropolitan county. The General Plan Update is the culmination of nearly seven years of work that included over 100 community meetings and workshops, surveys, focus groups, public hearings, and City resources to arrive at a plan that accurately reflects the core values of the Santa Ana community, bridges disparate views into a unifying vision, and accordingly plans for future development in a manner that respects established neighborhoods, business districts, and land uses while meeting the needs of future generations. The General Plan Update, and the community input and engagement process used for the Update, resulted in the City Council's adoption of five Focus Areas in which new mixed -use and residential development at medium and high densities may be constructed, thereby planning for future growth while maintaining and preserving existing neighborhoods, commercial districts, and established land use patterns. Moreover, these areas are the subject of the Comprehensive Zoning Code Update and public realm plans updates currently underway that will account for the infrastructure improvements needed to sustain new quality housing developments and communities in the long term. The removal of the freeway buffer by AB 2243 will result in a number of sites that were previously not eligible for AB 2011 streamlining, ministerial approval and, thus, not contemplated, analyzed, or included in the Ordinances to now qualify for AB 2011 streamlining on January 1, 2025 unless the exempt parcels lists included in the Ordinances are amended as proposed. Moreover, the revision to AB 2011 by AB 2243 will permit affordable housing in high -risk zones in close proximity to freeways and will result potential conflicts with the General Plan land use plan. City Council 30 — 3 12/17/2024 Ordinance to Revise Local AB 2011 Implementing Ordinance December 17, 2024 Page 4 Exemption — AB 2011 (100-Percent Affordable) AB 2011 grants a local government authority to exempt a parcel from streamlined approval permissible under the bill before a developer submits a 100-percent affordable (Affordable Projects) development application on the parcel if: (1) the local government identifies one or more alternative sites for residential development that meet certain environmental criteria; (2) the local government has permitted the alternative parcels not otherwise eligible for development pursuant to AB 2011 to be developed pursuant to AB 2011 streamlining, and that the alternative parcels are suitable for residential development as defined in State housing element law; (3) the local government has permitted the alternative parcels that are subject to AB 2011 streamlining to be developed at densities above the residential density required in subdivision (b) of Section 65912.113 (100-percent affordable) of the Government Code; (4) the alternative development would result in no net loss of the total potential residential density in the jurisdiction; (5) the alternative development would result in no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction; and (6) the alternative development would affirmatively further fair housing. Staff has reviewed the adopted 100-percent affordable exempt parcels list in the Ordinances and has identified sites to remove from the exempt parcels list and sites to include on the exempt parcels list, which would be eligible for streamlining pursuant to AB 2011 as amended by AB 2243 if not added to the exempt parcels list as proposed. In total, the revised exempt parcels listed in Attachment 1 to the ordinance equals to approximately 380 acres of land and can yield up to 10,932 affordable units based on the AB 2011 prescribed density. In order to exempt these parcels, their lost development capacity must be accommodated elsewhere in the City and result in no net loss of the total residential capacities in the jurisdiction as prescribed by AB 2011. The alternative parcels, which are comprised of alternative and previously up -zoned sites, identified in Attachment 3 to the ordinance can yield a total surplus capacity of 21,290 units above the AB 2011 base density. Accordingly, the surplus capacity of 21,290 units allowed in the alternative parcels can accommodate the lost residential density of 10,932 units from the exempted parcels listed in Attachment 1, with a net surplus capacity buffer of 10,358 to spare. The analysis demonstrating that the alternative parcels comply with all environmental criteria, suitability for residential development as defined in State housing element law, no net loss calculations, no net loss of potential residential density of housing affordable to lower income households in the jurisdiction, and that the alternative parcels affirmatively further fair housing can be found in Attachment 3 of the ordinance. Exemption — AB 2011 (Mixed -Income) Separately, AB 2011 permits a local government to exempt a parcel from these types of streamlined approval before a developer submits a mixed -income development application on the parcel if: (1) the local government identifies one or more alternative City Council 30 — 4 12/17/2024 Ordinance to Revise Local AB 2011 Implementing Ordinance December 17, 2024 Page 5 sites for residential development that meet certain environmental criteria; (2) the local government has permitted the alternative parcels not otherwise eligible for development pursuant to AB 2011 to be developed pursuant to AB 2011 streamlining, and that the alternative parcels are suitable for residential development as defined in State housing element law; (3) the local government has permitted the alternative parcels that are subject to AB 2011 streamlining to be developed at densities above the residential density required in subdivision (b) of Section 65912.123 (Mixed -Income) of the Government Code; (4) the alternative development would result in no net loss of the total potential residential density in the jurisdiction; (5) the alternative development would result in no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction; and (6) the alternative development would affirmatively further fair housing. Staff has reviewed the adopted Mixed -Income exempt parcels list in the Ordinances and has identified sites to remove from the exempt parcels list and sites to include on the exempt parcels list, which would be eligible for streamlining pursuant to AB 2011 as amended by AB 2243 if not added to the exempt parcels list as proposed. In total, the revised exempt parcels listed in Attachment 2 to the ordinance equals to approximately 244 acres of land and can yield up to 15,481 units based on the AB 2011 prescribed density. In order to exempt these parcels, their lost development capacity must be accommodated elsewhere in the City and result in no net loss of the total residential capacities in the jurisdiction as prescribed by AB 2011. The alternative parcels, which are comprised of alternative and previously up -zoned sites, identified in Attachment 3 to the ordinance can yield a total surplus capacity of 16,712 units above the AB 2011 base density. Accordingly, the surplus capacity of 16,712 units allowed in the alternative parcels can accommodate the lost residential density of 15,481 units from the exempted parcels listed in Attachment 2, with a net surplus capacity buffer of 1,231 to spare. The analysis demonstrating that the alternative parcels comply with all environmental criteria, suitability for residential development as defined in State housing element law, no net loss calculations, no net loss of potential residential density of housing affordable to lower income households in the jurisdiction, and that the alternative parcels affirmatively further fair housing can be found in Attachment 3 of the ordinance. ENVIRONMENTAL IMPACT The City Council finds and determines that adoption of this ordinance not subject to the California Environmental Quality Act (CEQA). Pursuant to California Government Code sections 65912.114(o) and 65912.124(o), adoption of an ordinance by a city implementing the provisions of AB 2011 is statutorily exempt. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 30 — 5 12/17/2024 Ordinance to Revise Local AB 2011 Implementing Ordinance December 17, 2024 Page 6 EXHIBIT 1. City Council Ordinance Amendment No. 2024-07, Including Attachments Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Alvaro Nunez, City Manager City Council 30 — 6 12/17/2024 ORDINANCE NO. NS-XXX AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE LIST OF REPLACEMENT PARCELS AND PARCELS EXEMPT FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) WHEREAS, in 2022, the state legislature approved two bills requiring local governments, including charter cities, to approve residential development "by right" in commercial zones, under certain circumstances, where residential uses would otherwise be prohibited; and WHEREAS, one of these bills was California Assembly Bill 2011, known as the Affordable Housing and High Road Jobs Act of 2022 ("AB 2011"), which was approved by the legislature, signed by the Governor on September 28, 2022, and codified at Government Code sections 65912.100 through 65912.140; and WHEREAS, AB 2011 serves to override local zoning regulation in the above respect and took effect on July 1, 2023; and WHEREAS, AB 2011 specifically provides streamlined, ministerial, CEQA-exempt review for 100 percent affordable, multifamily housing development projects located in neighborhood plan areas where multifamily housing is permitted on the site and commercial zones where office, retail, or parking are a principally permitted use, where both satisfy a series of objective development standards and other requirements, as codified in Government Code section 65912.114-1 and WHEREAS, AB 2011 also provides streamlined, ministerial, CEQA-exempt review for mixed -income housing development projects along commercial corridors in neighborhood plan areas where multifamily housing development is permitted on the site and in commercial zones where office, retail, or parking are a principally permitted use, where both satisfy a series of objective development standards and other requirements, as codified in Government Code section 65912.124; and WHEREAS, on June 20, 2023, pursuant to California Government Code sections 65912.114(i) and 65912.124(i), the City Council of the City of Santa Ana adopted Resolution No. 2023-037, Urgency Ordinance No. NS-3045, and conducted a first reading of Ordinance No. NS-3047, exempting certain properties within the City from the streamlined approval process provided by Government Code sections 65912.114 and 65912.124-1 and WHEREAS, on July 18, 2023, the City Council of the City of Santa Ana conducted a second reading of Ordinance No. NS-3047, exempting certain parcels within the City from the streamlined, ministerial approval process provided by Government Code sections 65912.114 and 65912.124-1 and Ordinance No. NS-XXX Page 1 of 5 City Council 30 — 7 12/17/2024 WHEREAS, Assembly Bill 2243 (AB 2243) was signed by the Governor on September 19, 2024, and will become effective on January 1, 2025, amending AB 2011 by modifying a number of eligibility criteria and development standards in state law to permit streamlined, ministerial approval processes for certain housing developments, one of which is removing the 500-foot freeway buffer; and WHEREAS, the removal of the 500-foot-freeway buffer from AB 2011 eligibility criteria and development standards by AB 2243 will result in a number of sites that were previously not eligible for AB 2011 streamline, ministerial approval and, thus, not contemplated, analyzed or included in NS-3045 or NS-3047 (Ordinances) to now qualify for AB 2011 streamlining unless the exempt parcels lists included in the Ordinances are amended; and WHEREAS, AB 2011, as amended by AB 2243, will permit affordable housing in high -risk zones in close proximity to freeways and will result in potential conflicts with the General Plan Land Use Element and environmental justice policies aimed at avoiding the locating of sensitive receptors in close proximity to uses that pose a hazard to health; and WHEREAS, the City's General Plan Land Use Element allows for residential development in certain parts of the City identified in its land use map with the appropriate infrastructure improvements required to sustain high -quality housing and residential communities, while maintaining and preserving existing neighborhoods, commercial districts and established land use patterns; and WHEREAS, AB 2011 permits a local government to exempt a parcel from these types of streamlined approval before a developer submits a development application on the parcel if: (1) the local government identifies one or more alternative sites for residential development that meet certain environmental criteria; (2) the local government has permitted the alternative parcels not otherwise eligible for development pursuant to AB 2011 to be developed pursuant to AB 2011 streamlining, and that the alternative parcels are suitable for residential development as defined in State housing element law; (3) the local government has permitted the alternative parcels that are subject to AB 2011 streamlining to be developed at densities above the residential density required in subdivision (b) of Section 65912.113 (100 percent affordable) or subdivision (b) of 65912.123 (Mixed -Income) of the Government Code; (4) the alternative development would result in no net loss of the total potential residential density in the jurisdiction; (5) the alternative development would result in no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction; and (6) the alternative development would affirmatively further fair housing; and WHEREAS, the City of Santa Ana had identified the parcels listed in Attachment 1 and Attachment 2 to this ordinance as parcels exempt from streamlined review pursuant to Government Code sections 65912.114 or 65912.124 by adoption of Resolution No. 2023-037, Urgency Ordinance No. NS-3045 and Ordinance No. NS-3047; and WHEREAS, the parcels identified in Attachment 3 to this ordinance, as previously adopted and now updated, met all of the required environmental criteria as shown in Ordinance No. NS-XXX Page 2of5 City Council 30 — 8 12/17/2024 environmental criteria analysis provided in Attachment 3; and WHEREAS, the City of Santa Ana has permitted the parcels listed in Attachment 3, 100 percent affordable and mixed -income, respectively, to this ordinance that are not otherwise eligible for development pursuant to AB 2011 streamlined review to be developed pursuant to the requirements of AB 2011; and WHEREAS, the parcels listed in Attachment 3 to this ordinance may be developed at the residential density required by AB 2011 or the residential density set forth in the City's General Plan, whichever is greater, as described in the site suitability analysis included in Attachment 3; and WHEREAS, exempting the parcels listed in the amended parcels list contained in Attachment 1 and Attachment 2 to this ordinance will not result in a net loss of the total potential residential density in the jurisdiction because there is a surplus of residential capacity on the alternative parcels identified in Attachment 3 to offset the lost potential units on the exempt parcels whereby there will not be a net loss in the potential residential units permitted in the jurisdiction, as provided in the calculations found in Attachment 3; and WHEREAS, there will be no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction because the parcels identified and listed in Attachment 3 allow density meeting or exceeding that required by Government Code Section 65583.2(c)(3) of 30 dwelling units per acre, the threshold established and deemed appropriate to accommodate housing for lower income households for jurisdictions in a metropolitan county and AB 2011 affordability criteria will apply to developments on the alternative sites; and WHEREAS, the City's local inclusionary housing ordinance, known as the Affordable Housing Opportunity and Creation Ordinance (AHOCO), will require eligible projects citywide to set aside units as affordable to lower and moderate -income households for at least 55 years as applicable by AB 2011; and WHEREAS, development of the alternative parcels eligible for AB 2011 streamlined review and listed in Attachment 3 will result in affirmatively furthering fair housing as described in the affirmatively furthering fair housing analysis included Attachment 3 to this ordinance; and WHEREAS, exempting the parcels in the amended parcels list contained in Attachment 1 and Attachment 2 will prevent housing from being developed on sites that do not have the infrastructure needed to accommodate high -quality housing, will not comply with the land use plan and housing program that the California Department of Housing and Community Development (HCD) certified Housing Element is based upon, and will locate sensitive receptors in close proximity to uses that pose a hazard to health, in direct conflict with environmental justice goals and policies; and WHEREAS, the City of Santa Ana, based upon the written findings required for exemption under AB 2011 and set forth above, exempts the parcels listed in the amended Ordinance No. NS-XXX Page 3 of 5 City Council 30 — 9 12/17/2024 parcels list contained in Attachment 1 and Attachment 2 from the streamlined approval process for eligible projects provided by Government Code sections 65912.114 and 65912.124; and WHEREAS, pursuant to California Government Code Section 65912.114(o) and 65912.124(o), a local government may adopt an ordinance to implement the provisions of AB 2011, and an ordinance adopted to implement AB 2011 shall not be considered a "project" under Division 13 (commencing with Section 21000) of the Public Resources Code. NOW, THEREFORE, the City Council of the City of Santa Ana does ordain as follows: Section 1. The recitals above and all attachments to this ordinance are each incorporated by reference and adopted as findings by the City Council. Section 2. Under California Government Code sections 65912.114(o) and 65912.124(o), the adoption of an ordinance by a city implementing the provisions of AB 2011 is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, the proposed Ordinance is statutorily exempt from CEQA. Section 3. The City Council, based upon the written findings required for exemption under AB 2011, exempts the added parcels in the amended parcels list contained in Attachments 1 and 2 from the streamlined approval process for eligible projects provided by Government Code sections 65912.114 and 65912.124 and amends the list of parcels identified in Attachment 3. Section 4. This ordinance shall become effective thirty (30) days after its adoption. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. The Clerk of the Council shall certify the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2024. Valerie Amezcua Ordinance No. NS-XXX Page 4of5 City Council 30 — 10 12/17/2024 Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney B)jj- —tl e issa Urosthwaite Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXX Page 5 of 5 City Council 30 —11 12/17/2024 AB 2011 as Amended by AB 2243 - 100 Percent Affordable Exempt Parcels List Parcel additions are underlined Parcel removals are str+kethFough APN Address &Lot Size Zone GP Land Use GP Density -Intensity AB 2011 Base Density AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded Units D--mown 002-092-07 1710 N GREENLEAF ST 0.11 C1 GC 0.5 FAR 30 3.3 0 3.0 3 002-094-24 817 W 17TH ST 0.18 C1 GC 0.5 FAR 30 5.4 0 5 5 002-094-25 807 W 17TH ST 0.11 C1 GC 0.5 FAR 30 3.3 0 3 3 002-094-29 703 W 17TH ST 0.3 C1 GC 0.5 FAR 30 9.0 0 9 9 002-094-30 711 W 17TH ST 0.2 C1 GC 0.5 FAR 30 6.0 0 6 6 002-094-32 801 W 17TH ST 0.13 C1 GC 0.5 FAR 30 3.9 0 3 3 002-151-03 2014 N BROADWAY 0.3 P PAO-1 1.0 FAR 30 9.0 0 9 9 002-151-04 2006 N BROADWAY 0.23 P PAO-1 1.0 FAR 30 6.9 0 6 6 002-151-05 2002 N BROADWAY 0.47 P PAO-1 1.0 FAR 30 14.1 0 14 14 002-151-06 1922 N BROADWAY 0.27 P PAO-1 1.0 FAR 30 8.1 0 8 8 002-151-09 1906 N BROADWAY 0.2 P PAO-1 1.0 FAR 30 6.0 0 6 6 002-151-10 1902 N BROADWAY 0.22 P PAO-1 1.0 FAR 30 6.6 0 6 6 002-151-17 315 W 19TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-151-25 1912 N BROADWAY 0.41 P PAO-1 1.0 FAR 30 12.3 0 12 12 002-151-27 2020 N BROADWAY 0.62 P PAO-1 1.0 FAR 30 18.6 0 18 18 002-152-01 1816 N BROADWAY 0.26 P PAO-1 1.0 FAR 30 7.8 0 7 7 002-152-02 1810 N BROADWAY 0.17 P PAO-1 1.0 FAR 30 5.1 0 5 5 002-152-03 1806 N BROADWAY 0.18 P PAO-1 1.0 FAR 30 5.4 0 5 5 002-152-20 1800 N BROADWAY 0.38 P PAO-1 1.0 FAR 30 11.4 0 11 11 002-153-21 339 W 17TH ST 0.12 C1 GC 0.5 FAR 30 3.6 0 3 3 002-153-22 335 W 17TH ST 0.12 C1 GC 0.5 FAR 30 3.6 0 3 3 002-153-25 0.11 C1 GC 0.5 FAR 30 3.3 0 3 3 002-153-26 333 W 17TH ST 0.06 C1 GC 0.5 FAR 30 1.8 0 1 1 002-161-06 2015 N BROADWAY 0.41 P PAO-1 1.0 FAR 30 12.3 0 12 12 City Council 30-12 12/17/2024 LBase Address GP Lan AB 2011 ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded Units 002-161-07 2009 N BROADWAY 0.24 P PAO-1 1.0 FAR 30 7.2 0 7 7 002-161-08 2003 N BROADWAY 0.24 P PAO-1 1.0 FAR 30 7.2 0 7 7 002-161-11 207 W 20TH ST 0.16 P PAO-1 1.0 FAR 30 4.8 0 4 4 002-161-15 2025 N BROADWAY 0.47 P PAO-1 1.0 FAR 30 14.1 0 14 14 002-162-07 116 W 20TH ST 0.17 P PAO-1 1.0 FAR 30 5.1 0 5 5 002-162-08 120 W 20TH ST 0.19 P PAO-1 1.0 FAR 30 5.7 0 5 5 002-162-11 210 W 20TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-162-15 119 W 19TH ST 0.14 P PAO-1 1.0 FAR 30 4.2 0 4 4 002-162-16 125 W 19TH ST 0.14 P PAO-1 1.0 FAR 30 4.2 0 4 4 002-162-17 201 W 19TH ST 0.14 P PAO-1 1.0 FAR 30 4.2 0 4 4 002-162-18 207 W 19TH ST 0.14 P PAO-1 1.0 FAR 30 4.2 0 4 4 002-162-22 1919 N BROADWAY 0.18 P PAO-1 1.0 FAR 30 5.4 0 5 5 002-162-27 1911 N BROADWAY 0.3 P PAO-1 1.0 FAR 30 9.0 0 9 9 002-162-28 206 W 20TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-162-29 202 W 20TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-162-34 115 W 19TH ST 0.17 P PAO-1 1.0 FAR 30 5.1 0 5 5 002-162-35 1901 N BROADWAY 0.27 P PAO-1 1.0 FAR 30 8.1 0 8 8 002-163-06 118 W 19TH ST 0.23 P PAO-1 1.0 FAR 30 6.9 0 6 6 002-163-07 122 W 19TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-163-08 202 W 19TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-163-09 206 W 19TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-163-10 210 W 19TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-163-11 214 W 19TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-163-14 113 W 18TH ST 0.12 P PAO-1 1.0 FAR 30 3.6 0 3 3 002-163-15 117 W 18TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-163-16 121 W 18TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-163-17 203 W 18TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 City Council 30 - 13 12/17/2024 Address a Zone GP Lan AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Ca aci Potential Rounded Rounded Un' 002-163-18 207 W 18TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-163-19 1801 N BROADWAY 0.4 P PAO-1 1.0 FAR 30 12.0 0 12 12 002-163-28 1815 N BROADWAY 0.08 P PAO-1 1.0 FAR 30 2.4 0 2 2 002-163-29 1819 N BROADWAY 0.08 P PAO-1 1.0 FAR 30 2.4 0 2 2 002-164-08 202 W 18TH ST 0.14 P PAO-1 1.0 FAR 30 4.2 0 4 4 002-164-09 206 W 18TH ST 0.15 P PAO-1 1.0 FAR 30 4.5 0 4 4 002-164-10 1717 N BROADWAY 0.21 P PAO-1 1.0 FAR 30 6.3 0 6 6 002-164-11 1711 N BROADWAY 0.21 P PAO-1 1.0 FAR 30 6.3 0 6 6 002-164-23 1718 N MAIN ST 0.3 C1-MD GC 0.5 FAR 30 9.0 0 9 9 002-164-29 1702 W MAIN ST 0.47 C1-MD GC 0.5 FAR 30 14.1 0 14 14 002-203-17 2670 N MAIN ST 1.44 P PAO-1.5 1.5 FAR 30 43.2 0 43 43 002-203-22 2660 N MAIN ST 0.76 P PAO-1.5 1.5 FAR 30 22.8 0 22 22 003-141-31 1705 N BUSH ST 0.54 C1 GC 0.5 FAR 30 16.2 0 16 16 003-143-32 1701 N MAIN ST 0.88 C1-MD GC 0.5 FAR 30 26.4 0 26 26 005-110-02 402 W 17TH ST 2.68 C5 GC 0.5 FAR 30 80.4 0 80 80 005-111-54 526 W 17TH ST 0.23 C1 GC 0.5 FAR 30 6.9 0 6 6 005-111-55 500 W 17TH ST 0.21 C1 GC 0.5 FAR 30 6.3 0 6 6 005-111-56 502 W 17TH ST 0.22 C1 GC 0.5 FAR 30 6.6 0 6 6 005-111-57 512 W 17TH ST 0.22 C1 GC 0.5 FAR 30 6.6 0 6 6 005-111-58 516 W 17TH ST 0.22 C1 GC 0.5 FAR 30 6.6 0 6 6 005-111-62 520 W 17TH ST 0.43 C1 GC 0.5 FAR 30 12.9 0 12 12 005-142-01 849 N GARNSEY ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 005-142-02 843 N GARNSEY ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 005-142-17 848 N PARTON ST 0.16 P PAO 0.5 FAR 30 4.8 0 4 4 005-142-18 842 N PARTON ST 0.33 P PAO 0.5 FAR 30 9.9 0 9 9 005-142-19 838 N PARTON ST 0.17 P PAO 0.5 FAR 30 5.1 0 5 5 005-142-20 836 N PARTON ST 0.17 1 P PAO 0.5 FAR 30 5.1 0 5 5 City Council 30-14 12/17/2024 APN Address L&e Zone GP Lan AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded wn 005-142-21 830 N PARTON ST 0.09 P PAO 0.5 FAR 30 2.7 0 2 2 005-142-30 822 N PARTON ST 0.32 P PAO 0.5 FAR 30 9.6 0 9 9 005-142-31 850 N PARTON ST 0.14 P PAO 0.5 FAR 30 1 4.2 0 4 1 4 005-143-01 853 N PARTON ST 0.14 P PAO 0.5 FAR 30 4.2 0 4 4 005-143-02 618 W 10TH ST 0.14 P PAO 0.5 FAR 30 4.2 0 4 4 005-143-03 843 N PARTON ST 0.14 P PAO 0.5 FAR 30 4.2 0 4 4 005-143-04 839 N PARTON ST 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-05 835 N PARTON ST 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-06 833 N PARTON ST 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-07 829 N PARTON ST 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-08 825 N PARTON ST 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-10 817 N PARTON ST 0.31 P PAO 0.5 FAR 30 9.3 0 9 9 005-143-15 850 N VAN NESS AVE 0.19 P PAO 0.5 FAR 30 5.7 0 5 5 005-143-16 846 N VAN NESS AVE 0.21 P PAO 0.5 FAR 30 6.3 0 6 6 005-143-17 844 N VAN NESS AVE 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-18 838 N VAN NESS AVE 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-19 838 N PATRON ST 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-20 836 N PATRON ST 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-21 830 N PATRON ST 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-28 814 N VAN NESS AVE 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-29 823 N PARTON ST 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-143-32 615 W CIVIC CENTER DR 0.34 P PAO 0.5 FAR 30 10.2 0 10 10 005-143-33 611 W CIVIC CENTER DR 0.3 P PAO 0.5 FAR 30 9.0 0 9 9 005-143-34 822 N VAN NESS AVE 0.3 P PAO 0.5 FAR 30 9.0 0 9 9 005-143-35 601 W CIVIC CENTER DR 0.35 P PAO 0.5 FAR 30 10.5 0 10 10 005-144-01 849 N VAN NESS AVE 0.2 P PAO 0.5 FAR 30 6.0 0 6 6 005-144-05 833 N VAN NESS AVE 0.14 1 P PAO 0.5 FAR 30 4.2 0 4 4 City Council 30 - 15 12/17/2024 APN AAddress a Zone GP Lan AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded Un' 005-144-06 829 N VAN NESS AVE 0.14 P PAO 0.5 FAR 30 4.2 0 4 4 005-144-07 825 N VAN NESS AVE 0.17 P PAO 0.5 FAR 30 5.1 0 5 5 005-144-29 501 W CIVIC CENTER DR 0.3 P PAO 0.5 FAR 30 9.0 0 9 9 005-144-33 856 N ROSS ST 0.9 P PAO 0.5 FAR 30 27.0 0 27 27 005-144-34 840 N ROSS ST 0.3 P PAO 0.5 FAR 30 9.0 0 9 9 005-181-01 444 W TENTH ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 005-181-06 825 N ROSS ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 005-181-09 811 N ROSS ST 0.1 P PAO 0.5 FAR 30 3.0 0 3 3 005-181-10 809 N ROSS ST 0.1 P PAO 0.5 FAR 30 3.0 0 3 3 005-181-26 801 N ROSS ST 0.27 P PAO 0.5 FAR 30 8.1 0 8 8 005-181-30 423 W CIVIC CENTER DR 0.15 P PAO 0.5 FAR 30 4.5 0 4 4 005-181-37 840 N BIRCH ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 005-181-38 844 N BIRCH ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 005-181-39 848 N BIRCH ST 0.14 P PAO 0.5 FAR 30 4.2 0 4 4 005-181-40 821 N ROSS ST 0.2 P PAO 0.5 FAR 30 6.0 0 6 6 005-181-41 813 N ROSS ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 005-181-42 433 W CIVIC CENTER DR 0.34 P PAO 0.5 FAR 30 10.2 0 10 10 005-181-43 445 W CIVIC CENTER 3.25 P PAO 0.5 FAR 30 97.5 0 97 97 005-181-49 401 W CIVIC CENTER DR 1.02 P PAO 0.5 FAR 30 30.6 0 30 30 016-082-35 534 E CENTRAL AVE 0.17 C1 LR-7 7 du/ac 30 5.1 1 5 4 016-082-36 538 E CENTRAL AVE 0.17 C1 LR-7 7 du/ac 30 5.1 1 5 4 016-134-39 607 E CENTRAL AVE 0.17 C1 LR-7 7 du/ac 30 5.1 1 5 4 016-135-34 608 E CENTRAL AVE 0.17 C1 LR-7 7 du/ac 30 5.1 1 5 4 099-212-50 600 N EUCLID ST 0.13 C2 LR-7 7 du/ac 30 3.9 0 3 3 099-213-53 502 N EUCLID ST 0.15 C1 GC 0.5 FAR 30 4.5 0 4 4 099-221-22 414 N EUCLID ST 0.24 C1 GC 0.5 FAR 30 7.2 0 7 7 099-221-27 N EUCLID ST 0.23 C1 GC 0.5 FAR 30 6.9 0 6 6 City Council 30 - 16 12/17/2024 AP Address L&e Zone GP Lan AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Ca aci Potential Rounded Rounded Un' 099-221-28 402 N EUCLID ST 0.11 C1 GC 0.5 FAR 30 3.3 0 3 3 099-222-39 306 N EUCLID ST 0.57 C1 GC 0.5 FAR 30 17.1 0 17 17 099-223-26 202 N EUCLID ST 0.61 C1 GC 0.5 FAR 30 18.3 0 18 18 099-224-40 122 N EUCLID ST 0.1 C1 GC 0.5 FAR 30 3.0 0 3 3 099-224-41 118 N EUCLID ST 0.11 C1 GC 0.5 FAR 30 3.3 0 3 3 099-232-39 5401 W 1ST ST 0.56 C1, R1 GC 0.5 FAR 30 16.8 0 16 16 099-232-41 5423 W 1ST ST 0.36 C1, R1 GC 0.5 FAR 30 10.8 0 10 10 099-232-43 5425 W 1ST ST 0.45 C1 GC 0.5 FAR 30 13.5 0 13 13 099-232-47 5421 W 1ST ST 0.27 C1, R1 GC 0.5 FAR 30 8.1 0 8 8 099-233-23 102 N COOPER ST 0.2 C1 GC 0.5 FAR 30 6.0 0 6 6 099-233-24 106 N COOPER ST 0.2 C1 GC 0.5 FAR 30 6.0 0 6 6 099-233-25 110 N COOPER ST 0.2 C1 LR-7 7 du/ac 30 6.0 1 6 5 100-291-01 413 N EUCLID ST 0.57 C1 GC 0.5 FAR 30 17.1 0 17 17 100-291-02 405 N EUCLID ST 0.21 C1 LMR-11 11 du/ac 30 6.3 2 6 4 101-131-08 1714 N SYDNEY ST 0.17 C1 GC 0.5 FAR 30 5.1 0 5 5 108-381-25 5111 W EDINGER AVE 5.69 C1 GC 0.5 FAR 30 170.7 0 170 170 109-071-11 1400 W MCFADDEN AVE 0.68 C1 GC 0.5 FAR 30 20.4 0 20 20 109-071-12 1414 W MCFADDEN AVE 0.71 C1 GC 0.5 FAR 30 21.3 0 21 21 109-071-13 1150 S BRISTOL ST 0.62 C1 GC 0.5 FAR 30 18.6 0 18 18 109-071-15 1204 S BRISTOL ST 0.82 C1 GC 0.5 FAR 30 24.6 0 24 24 109-071-16 1180 S BRISTOL ST 0.48 C1 GC 0.5 FAR 30 14.4 0 14 14 109-071-18 1136 S BRISTOL ST 0.96 C1 GC 0.5 FAR 30 28.8 0 28 28 109-071-19 1212 S BRISTOL ST 1.91 C1 GC 0.5 FAR 30 57.3 0 57 57 232-051-11 1231 W MEMORY LN 0.94 C1 GC 0.5 FAR 30 28.2 0 28 28 232-051-12 2735 N BRISTOL ST 4.55 C1 GC 0.5 FAR 30 136.5 0 136 136 396-031-16 1703 E 17TH ST 0.89 C5 GC 0.5 FAR 30 26.7 0 26 26 396-031-31 1778 N SHERRY LN 3.28 C5, R1 LR-7 7 du/ac 30 98.4 22 98 76 City Council 30-17 12/17/2024 AP AMA AB 2011 Base Mp±_nsjty AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Ca aci Potential Rounded Rounded Units Effift- 396-031-32 1801 E 17TH ST 0.89 C5 GC 0.5 FAR 30 26.7 0 26 26 396-031-34 1737 E 17TH ST 0.74 C5 GC 0.5 FAR 30 22.2 0 22 22 396-031-35 1727 E 17TH ST 0.59 C5 GC 0.5 FAR 30 17.7 0 17 17 396-033-02 1631 E 18TH ST 0.46 C5, R1 LR-7 7 du/ac 30 13.8 3 13 10 396-034-02 1631 E 17TH ST 1.06 C5 PAO 0.5 FAR 30 31.8 0 31 31 396-065-15 1621 E 17TH ST 0.25 C5, R1 LR-7 7 du/ac 30 7.5 1 7 6 396-065-16 1625 E 18TH ST 0.33 C5, R1 LR-7 7 du/ac 30 9.9 2 9 7 396-065-20 0.98 C5, R1 LR-7 7 du/ac 30 29.4 6 29 23 396-065-25 1605 E 17TH ST 1.5 C5, R1 LR-7 7 du/ac 30 45.0 10 45 35 396-066-01 1625 E 17TH ST 0.39 C5 PAO 0.5 FAR 30 11.7 0 11 11 396-066-02 1621 E 17TH ST 0.39 P PAO-1 1.0 FAR 30 11.7 0 11 11 396-066-06 1535 E 17TH ST 0.35 P PAO-1 1.0 FAR 30 10.5 0 10 10 396-066-07 0.34 P PAO-1 1.0 FAR 30 10.2 0 10 10 396-066-08 0.2 P PAO-1 1.0 FAR 30 6.0 0 6 6 396-066-09 1525 E 17TH ST 0.21 P PAO-1 1.0 FAR 30 6.3 0 6 6 396-066-10 1505 E 17TH ST 0.4 P PAO-1 1.0 FAR 30 12.0 0 12 12 396-066-11 1505 E 17TH ST 0.38 P PAO-1 1.0 FAR 30 11.4 0 11 11 396-066-14 1611 E 17TH ST 0.12 P PAO-1 1.0 FAR 30 3.6 0 3 3 396-066-15 1615 E 17TH ST 0.14 P PAO-1 1.0 FAR 30 4.2 0 4 4 396-066-16 1605 E 17TH ST 0.1 P PAO-1 1.0 FAR 30 3.0 0 3 3 396-066-17 1595 E 17TH ST 0.1 P PAO-1 1.0 FAR 30 3.0 0 3 3 396-066-18 1585 E 17TH ST 0.12 P PAO-1 1.0 FAR 30 3.6 0 3 3 396-066-19 1625 E 17TH ST 1.05 P PAO-1 1.0 FAR 30 31.5 0 31 31 396-066-21 1575 E 17TH ST 0.14 P PAO-1 1.0 FAR 30 4.2 0 4 4 396-091-26 1001 E 17TH ST 0.62 C1 GC 0.5 FAR 30 18.6 0 18 18 396-131-27 2429 N TUSTIN AVE 1.2 C5 GC 0.5 FAR 30 36.0 0 36 36 396-141-01 2301 N TUSTIN AVE 0.51 C5 GC 0.5 FAR 30 15.3 0 15 15 City Council 30-18 12/17/2024 AP Address bk&e Zone GP Lan AL AB 2011 Base ens' AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded wn 396-141-07 2151 E SANTA CLARA AVE 0.35 C5 GC 0.5 FAR 30 10.5 0 10 10 396-141-09 2401 N TUSTIN AVE 0.96 C5 GC 0.5 FAR 30 28.8 0 28 28 396-141-13 2343 N TUSTIN AVE 1.04 C5 GC 0.5 FAR 30 31.2 0 31 31 396-141-14 2323 N TUSTIN AVE 1.08 C5 GC 0.5 FAR 30 32.4 0 32 32 396-221-37 1415 E 17TH ST 0.57 P, R1 PAC-1 1.0 FAR 30 17.1 0 17 17 396-221-60 1441 E 17TH ST 0.55 P, R1 PAC-1 1.0 FAR 30 16.5 0 16 16 396-221-61 1421 E 17TH ST 0.56 P, R1 PAC-1 1.0 FAR 30 16.8 0 16 16 396-261-30 2360 N TUSTIN AVE 0.29 C5 GC 0.5 FAR 30 8.7 0 8 8 396-261-31 0.29 C5 GC 0.5 FAR 30 8.7 0 8 8 396-261-32 0.03 C5 GC 0.5 FAR 30 0.9 0 0 0 396-261-33 2360 N TUSTIN AVE 1.97 C5 GC 0.5 FAR 30 59.1 0 59 59 396-261-34 2370 N TUSTIN AVE 1.18 C5 GC 0.5 FAR 30 35.4 0 35 35 396-261-35 0.05 C5 GC 0.5 FAR 30 1.5 0 1 1 396-261-36 2300 N TUSTIN AVE 0.66 C5 GC 0.5 FAR 30 19.8 0 19 19 396-261-56 2414 N TUSTIN AVE 12.43 P, R4 LR-7 7 du/ac 30 372.9 87 372 285 396-281-49 2231 N TUSTIN AVE 1.3 C5 GC 0.5 FAR 30 39.0 0 39 39 396-281-50 2201 N TUSTIN AVE 0.97 C5 GC 0.5 FAR 30 29.1 0 29 29 396-281-51 2121 N TUSTIN AVE 0.48 C5 GC 0.5 FAR 30 14.4 0 14 14 396-301-02 1921 N TUSTIN AVE 0.55 C1 GC 0.5 FAR 30 16.5 0 16 16 396-301-05 1931 N TUSTIN AVE 0.29 C1 GC 0.5 FAR 30 8.7 0 8 8 396-302-01 1901 N TUSTIN AVE 0.68 C1 GC 0.5 FAR 30 20.4 0 20 20 396-302-02 1829 N TUSTIN AVE 0.52 C1 GC 0.5 FAR 30 15.6 0 15 15 396-302-03 1819 N TUSTIN AVE 0.72 C1 GC 0.5 FAR 30 21.6 0 21 21 396-321-11 1800 N OLD TUSTIN AVE 2.31 C1 GC 0.5 FAR 30 69.3 0 69 69 396-321-13 2107 E 17TH ST 0.84 C1 GC 0.5 FAR 30 25.2 0 25 25 396-321-17 2127 E 17TH ST 1.08 C1 GC 0.5 FAR 30 32.4 0 32 32 396-332-02 1816 OLD TUSTIN AVE 0.16 C5 GC 0.5 FAR 30 4.8 0 4 4 City Council 30-19 12/17/2024 AP MbL&e Zone GP Lan AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacitv AB 2011 Capacitv Potential Rounded Rounded Units D Down 396-332-07 2050 N TUSTIN AVE 0.15 C5 GC 0.5 FAR 30 4.5 0 4 4 396-332-08 2030 N TUSTIN AVE 0.13 C5 GC 0.5 FAR 30 3.9 0 3 3 396-332-09 2010 N TUSTIN AVE 0.15 C5 GC 0.5 FAR 30 4.5 0 4 4 396-332-10 2020 N TUSTIN AVE 0.2 C5 GC 0.5 FAR 30 6.0 0 6 6 396-332-11 2040 N TUSTIN AVE 0.14 C5 GC 0.5 FAR 30 4.2 0 4 4 396-332-12 2060 N TUSTIN AVE 0.1 C5 GC 0.5 FAR 30 3.0 0 3 3 396-332-13 2080 N TUSTIN AVE 0.14 C5 GC 0.5 FAR 30 4.2 0 4 4 396-332-14 1970 OLD TUSTIN AVE 0.22 C5 GC 0.5 FAR 30 6.6 0 6 6 396-332-15 1950 TUSTIN AVE 0.15 C5 GC 0.5 FAR 30 4.5 0 4 4 396-332-16 1930 OLD TUSTIN AVE 0.13 C5 GC 0.5 FAR 30 3.9 0 3 3 396-332-17 1910 TUSTIN AVE 0.15 C5 GC 0.5 FAR 30 4.5 0 4 4 396-332-18 1920 N TUSTIN ST 0.2 C5 GC 0.5 FAR 30 6.0 0 6 6 396-332-19 1940 N OLD TUSTIN AVE 0.14 C5 GC 0.5 FAR 30 4.2 0 4 4 396-332-20 1960 TUSTIN AVE 0.1 C5 GC 0.5 FAR 30 3.0 0 3 3 396-332-21 1980 TUSTIN AVE 0.14 C5 GC 0.5 FAR 30 4.2 0 4 4 396-333-01 1828 N TUSTIN AVE 0.79 C1 GC 0.5 FAR 30 23.7 0 23 23 396-333-02 1810 OLD TUSTIN AVE 0.16 C2 GC 0.5 FAR 30 4.8 0 4 4 396-352-12 1823 E 17TH ST 0.81 C5, R1 GC 0.5 FAR 30 24.3 0 24 24 396-352-13 1833 E 17TH ST 0.78 C5, R1 GC 0.5 FAR 30 23.4 0 23 23 396-352-14 1905 E 17TH ST 0.78 C5, R1 GC 0.5 FAR 30 23.4 0 23 23 396-352-16 1913 E 17TH ST 1.5 C5, R1 GC 0.5 FAR 30 45.0 0 45 45 398-122-12 210 E 17TH ST 0.25 C1 GC 0.5 FAR 30 7.5 0 7 7 398-392-16 1503 E 4TH ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 398-392-17 1507 E 4TH ST 0.1 P PAO 0.5 FAR 30 3.0 0 3 3 398-392-18 1513 E 4TH ST 0.17 P PAO 0.5 FAR 30 5.1 0 5 5 398-392-19 1517 E 4TH ST 0.17 P PAO 0.5 FAR 30 5.1 0 5 5 398-393-14 1527 E 4TH ST 0.17 1 P PAO 0.5 FAR 30 5.1 0 5 5 City Council 30 - 20 12/17/2024 AP Addr GP Lan AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Ca acit Potential Rounded Rounded Units D Down 398-393-15 1533 E 4TH ST 0.16 P PAO 0.5 FAR 30 4.8 0 4 4 398-393-16 1539 E 4TH ST 0.16 P PAO 0.5 FAR 30 4.8 0 4 4 398-393-17 1541 E 4TH ST 0.16 P PAO 0.5 FAR 30 4.8 0 4 4 398-393-18 414 N EASTSIDE AVE 0.14 P LR-7 7 du/ac 30 4.2 0 4 4 398-401-22 1651 E 4TH ST 2.16 P PAO 0.5 FAR 30 64.8 0 64 64 398-401-23 1633 E 4TH ST 1.28 P PAO 0.5 FAR 30 38.4 0 38 38 398-401-24 1617 E 4TH ST 0.6 P PAO 0.5 FAR 30 18.0 0 18 18 398-401-25 1611 E 4TH ST 0.58 P PAO 0.5 FAR 30 17.4 0 17 17 398-401-26 1605 E 4TH ST 0.24 P PAO 0.5 FAR 30 7.2 0 7 7 398-411-01 1604 E 4TH ST 0.55 P PAO 0.5 FAR 30 16.5 0 16 16 398-411-02 1608 E 4TH ST 0.47 P PAO 0.5 FAR 30 14.1 0 14 14 398-431-02 1532 E 4TH ST 0.26 P PAO 0.5 FAR 30 7.8 0 7 7 398-431-03 1526 E 4TH ST 0.25 P PAO 0.5 FAR 30 7.5 0 7 7 398-431-32 1522 E 4TH ST 0.17 P PAO 0.5 FAR 30 5.1 0 5 5 398-431-33 1518 E 4TH ST 0.17 P PAO 0.5 FAR 30 5.1 0 5 5 398-431-34 1514 E 4TH ST 0.22 P PAO 0.5 FAR 30 6.6 0 6 6 398-431-35 1600 E 4TH ST 0.47 P PAO 0.5 FAR 30 14.1 0 14 14 398-441-01 323 N LINWOOD AVE 0.14 P PAO 0.5 FAR 30 4.2 0 4 4 398-441-14 324 N LINWOOD AVE 0.14 P PAO 0.5 FAR 30 4.2 0 4 4 398-441-15 1414 E 4TH ST 0.25 P PAO 0.5 FAR 30 7.5 0 7 7 398-441-16 1410 E 4TH ST 0.24 P PAO 0.5 FAR 30 7.2 0 7 7 398-441-18 311 N MCCLAY ST 0.2 P PAO 0.5 FAR 30 6.0 0 6 6 398-441-35 1400 E 4TH ST 0.34 P PAO 0.5 FAR 30 10.2 0 10 10 398-534-05 1204 N ROSS ST 0.19 P PAO 0.5 FAR 30 5.7 0 5 5 398-534-06 1210 N ROSS ST 0.22 P PAO 0.5 FAR 30 6.6 0 6 6 398-534-07 1212 N ROSS ST 0.17 P PAO 0.5 FAR 30 5.1 0 5 5 398-534-08 502 W WASHINGTON AVE 0.17 P PAO 0.5 FAR 30 5.1 0 5 5 City Council 30 - 21 12/17/2024 AP a AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacitv AB 2011 Capacity Potential Rounded Rounded Units wnAddr 398-535-06 1002 N ROSS ST 0.18 P PAO 0.5 FAR 30 5.4 0 5 5 398-535-07 1008 N ROSS ST 0.2 P PAO 0.5 FAR 30 6.0 0 6 6 398-535-08 1014 N ROSS ST 0.19 P PAO 0.5 FAR 30 5.7 0 5 1 5 398-535-09 1020 N ROSS ST 0.19 P PAO 0.5 FAR 30 5.7 0 5 5 398-535-10 1024 N ROSS ST 0.25 P, R2 PAO 0.5 FAR 30 7.5 0 7 7 398-535-11 1032 N ROSS ST 0.25 P, R2 PAO 0.5 FAR 30 7.5 0 7 7 398-541-01 1225 N ROSS ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 398-541-02 424 W WASHINGTON AVE 0.1 P PAO 0.5 FAR 30 3.0 0 3 3 398-541-03 422 W WASHINGTON AVE 0.12 P PAO 0.5 FAR 30 3.6 0 3 3 398-541-04 1223 N ROSS ST 0.36 P PAO 0.5 FAR 30 10.8 0 10 10 398-541-05 416 W WASHINGTON AVE 0.12 P PAO 0.5 FAR 30 3.6 0 3 3 398-541-06 1221 N ROSS ST 0.12 P PAO 0.5 FAR 30 3.6 0 3 3 398-541-25 1205 N ROSS ST 0.46 P PAO 0.5 FAR 30 13.8 0 13 13 398-551-01 1021 N ROSS ST 0.08 P PAO 0.5 FAR 30 2.4 0 2 2 398-551-02 412 HALESWORTH ST 0.05 P PAO 0.5 FAR 30 1.5 0 1 1 398-551-03 1019 N ROSS ST 0.08 P PAO 0.5 FAR 30 2.4 0 2 2 398-551-04 1017 N ROSS ST 0.09 P PAO 0.5 FAR 30 2.7 0 2 2 398-551-05 1013 N ROSS ST 0.23 P PAO 0.5 FAR 30 6.9 0 6 6 398-551-06 1009 N ROSS ST 0.18 P PAO 0.5 FAR 30 5.4 0 5 5 398-551-08 1001 N ROSS ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 399-052-08 901 W 17TH ST 0.35 C1 GC 0.5 FAR 30 10.5 0 10 10 399-052-09 917 W 17TH ST 0.16 C1 GC 0.5 FAR 30 4.8 0 4 4 399-052-10 1707 N OLIVE ST 0.17 C1 GC 0.5 FAR 30 5.1 0 5 5 399-053-14 1005 W 17TH ST 0.15 C1 PAO 0.5 FAR 30 4.5 0 4 4 399-053-15 1706 N OLIVE ST 0.14 C1 PAO 0.5 FAR 30 4.2 0 4 4 399-064-10 1077 W 17TH ST 0.34 C1 PAO 0.5 FAR 30 10.2 0 10 10 399-064-11 1071 W 17TH ST 0.97 C1 PAO 0.5 FAR 30 29.1 0 29 29 City Council 30 - 22 12/17/2024 AP Addr a Zone GP Lan AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded Units 399-064-12 2330 W 1ST ST 0.18 C1 PAO 0.5 FAR 30 5.4 0 5 5 399-065-18 1103 W 17TH ST 0.18 C1 PAO 0.5 FAR 30 5.4 0 5 5 399-065-19 1109 W 17TH ST 0.16 C1 PAO 0.5 FAR 30 4.8 0 4 4 399-071-16 1117 W 17TH ST 0.3 C1 PAO 0.5 FAR 30 9.0 0 9 9 399-071-17 1121 W 17TH ST 0.16 C1 PAO 0.5 FAR 30 4.8 0 4 4 399-072-16 1133 W 17TH ST 0.35 C1 PAO 0.5 FAR 30 10.5 0 10 10 399-072-17 1139 W 17TH ST 0.17 C1 PAO 0.5 FAR 30 5.1 0 5 5 399-072-18 1145 W 17TH ST 0.11 C1 PAO 0.5 FAR 30 3.3 0 3 3 399-072-19 1151 W 17TH ST 0.11 C1 PAO 0.5 FAR 30 3.3 0 3 3 399-085-16 1223 W 17TH ST 0.67 C1, R1 GC 0.5 FAR 30 20.1 0 20 20 399-085-17 1205 W 17TH ST 0.91 C1, R1 GC 0.5 FAR 30 27.3 0 27 27 399-085-18 1225 W 17TH ST 0.45 C1, R1 GC 0.5 FAR 30 13.5 0 13 13 399-085-19 1227 W 17TH ST 0.42 C1, R1 GC 0.5 FAR 30 12.6 0 12 12 399-085-21 1715 N BRISTOL ST 1.1 C1, R2 GC 0.5 FAR 30 33.0 0 33 33 399-101-09 2215 N BROADWAY 0.57 P PAO-1 1.0 FAR 30 17.1 0 17 17 399-101-10 207 W BUFFALO AVE 0.16 P PAO-1 1.0 FAR 30 4.8 0 4 4 399-101-11 2203 N BROADWAY 0.39 P PAO-1 1.0 FAR 30 11.7 0 11 11 399-101-12 2223 N BROADWAY 1.43 P PAO-1 1.0 FAR 30 42.9 0 42 42 399-102-10 2037 N BROADWAY 0.62 P PAO-1 1.0 FAR 30 18.6 0 18 18 399-102-11 2043 N BROADWAY 0.61 P PAO-1 1.0 FAR 30 18.3 0 18 18 399-102-12 2103 N BROADWAY 0.49 P PAO-1 1.0 FAR 30 14.7 0 14 14 399-102-24 2107 N BROADWAY 1.32 P PAO-1 1.0 FAR 30 39.6 0 39 39 399-102-26 2115 N BROADWAY 1.85 P PAO-1 1.0 FAR 30 55.5 0 55 55 399-111-01 2232 N BROADWAY 0.26 P PAO-1 1.0 FAR 30 7.8 0 7 7 399-111-02 2230 N BROADWAY 0.35 P PAO-1 1.0 FAR 30 10.5 0 10 10 399-111-03 2200 N BROADWAY 1.12 P PAO-1 1.0 FAR 30 33.6 0 33 33 399-111-04 2122 N BROADWAY 1.02 P PAO-1 1.0 FAR 30 30.6 0 30 30 City Council 30 - 23 12/17/2024 LBase Address GP Lan AB 2011 mpgnsity AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacitv AB 2011 Capacitv Potential Rounded Rounded Un' wn 399-111-05 2114 N BROADWAY 0.33 P PAO-1 1.0 FAR 30 9.9 0 9 9 399-111-06 2112 N BROADWAY 0.28 P PAO-1 1.0 FAR 30 8.4 0 8 8 399-111-08 2100 N BROADWAY 0.83 P PAO-1 1.0 FAR 30 24.9 0 24 24 399-111-09 2040 N BROADWAY 0.48 P PAO-1 1.0 FAR 30 14.4 0 14 14 399-111-10 2032 N BROADWAY 0.44 P PAO-1 1.0 FAR 30 13.2 0 13 13 399-111-26 2106 N BROADWAY 0.32 P PAO-1 1.0 FAR 30 9.6 0 9 9 399-121-01 1725 W 17TH ST 9.13 C1, P PAO 0.5 FAR 30 273.9 0 273 273 399-121-02 1901 N COLLEGE AVE 4.23 C2 PAO 0.5 FAR 30 126.9 0 126 126 399-121-03 1725 N COLLEGE AVE 4.28 C2 GC 0.5 FAR 30 128.4 0 128 128 399-121-16 1830 N BRISTOL ST 0.7 C2 GC 0.5 FAR 30 21.0 0 21 21 399-121-17 1810 N BRISTOL ST 0.66 C2 GC 0.5 FAR 30 19.8 0 19 19 399-121-18 1702 N BRISTOL ST 1.25 C2 GC 0.5 FAR 30 37.5 0 37 37 399-121-24 1535 W 17TH ST 10.54 C2 INS n/a 30 316.2 0 316 316 399-121-31 1311 W 17TH ST 6.5 C2 GC 0.5 FAR 30 195.0 0 195 195 399-121-33 1441 W 17TH ST 7.69 C2 GC 0.5 FAR 30 230.7 0 230 230 399-121-37 1421 W 17TH ST 1.28 C2 GC 0.5 FAR 30 38.4 0 38 38 399-121-38 1601 W 17TH ST 1.66 C2 GC 0.5 FAR 30 49.8 0 49 49 399-121-39 1545 W 17TH ST 1.8 C2 GC 0.5 FAR 30 54.0 0 54 54 399-121-40 1523 W 17TH ST 2.66 C2 GC 0.5 FAR 30 79.8 0 79 79 399-121-41 1501 W 17TH ST 0.65 C2 GC 0.5 FAR 30 19.5 0 19 19 399-121-42 1313 W 17TH ST 0.72 C2 GC 0.5 FAR 30 21.6 0 21 21 400-011-01 1950 E 17TH ST 0.8 C5 GC 0.5 FAR 30 24.0 0 24 24 400-011-02 1940 E 17TH ST 0.4 C5 GC 0.5 FAR 30 12.0 0 12 12 400-011-03 1920 E 17TH ST 0.78 C5 GC 0.5 FAR 30 23.4 0 23 23 400-011-14 1900 E 17TH ST 0.62 C5 GC 0.5 FAR 30 18.6 0 18 18 400-011-18 1840 E 17TH ST 0.5 C5 GC 0.5 FAR 30 15.0 0 15 15 400-011-23 1850 E 17TH ST 0.45 C5 GC 0.5 FAR 30 13.5 0 13 13 City Council 30-24 12/17/2024 AP Address t Size Zone AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded 400-011-25 1800 E 17TH ST 1.99 C5, R1 GC 0.5 FAR 30 59.7 0 59 59 400-012-03 1702 E 17TH ST 0.8 C5 GC 0.5 FAR 30 24.0 0 24 24 400-012-04 1750 17TH ST 0.8 C5 GC 0.5 FAR 30 24.0 0 24 24 400-012-05 1710 E 17TH ST 6.34 C5, R1 GC 0.5 FAR 30 190.2 0 190 190 400-013-05 0.37 C51 R1 GC 0.5 FAR 30 11.1 0 11 11 400-013-06 0.39 C5, R1 GC 0.5 FAR 30 11.7 0 11 11 400-013-07 0.75 C5, R1 GC 0.5 FAR 30 22.5 0 22 22 400-013-08 1950 W 16TH ST 1.18 C5, R1 GC 0.5 FAR 30 35.4 0 35 35 400-013-09 1840 E 16TH ST 0.76 C5, R1 GC 0.5 FAR 30 22.8 0 22 22 400-121-06 2000 E 17TH ST 5.72 C1 GC 0.5 FAR 30 171.6 0 171 171 400-121-07 2100 E 17TH ST 0.76 C1 GC 0.5 FAR 30 22.8 0 22 22 400-121-08 2130 E 17TH ST 0.98 C1 GC 0.5 FAR 30 29.4 0 29 29 400-121-09 2250 E 17TH ST 1.40 C1 GC 0.5 FAR 30 42.0 0 42 42 400-121-10 2262 E 17TH ST 9.44 C1 GC 0.5 FAR 30 283.2 0 283 283 400-131-03 1450 N TUSTIN AVE 2.22 P PAO-1 1.0 FAR 30 66.6 0 66 66 400-131-04 1350 N TUSTIN AVE 1.58 P PAO-1 1.0 FAR 30 47.4 0 47 47 400-151-06 1100 N TUSTIN AVE 0.68 P PAO-1 1.0 FAR 30 20.4 0 20 20 400-152-02 1200 N TUSTIN AVE 2.72 P PAO-1 1.0 FAR 30 81.6 0 81 81 400-152-03 2223 WELLINGTON AVE 2.85 P PAO-1 1.0 FAR 30 85.5 0 85 85 400-202-02 700 N TUSTIN AVE 1.18 P PAO-1 1.0 FAR 30 35.4 0 35 35 400-202-03 801 N TUSTIN AVE 1.72 P PAO-1 1.0 FAR 30 51.6 0 51 51 400-202-04 640 N TUSTIN AVE 1.36 P PAO-1 1.0 FAR 30 40.8 0 40 40 400-202-06 825 PARK CENTER DR 1.49 P PAC-1 1.0 FAR 30 44.7 0 44 44 400-202-07 801 PARK CENTER DR 1.49 P PAC-1 1.0 FAR 30 44.7 0 44 44 400-202-08 701 PARK CENTER DR 1.28 P PAC-1 1.0 FAR 30 38.4 0 38 38 400-202-10 720 N TUSTIN AVE 1.27 P PAO-1 1.0 FAR 30 38.1 0 38 38 400-202-11 2200 E FRUIT ST 1.45 P PAO-1 1.0 FAR 30 43.5 0 43 43 City Council 30 - 25 12/17/2024 AMA AB 2011 Mptnsit AB 2011 Capacity AB 2011 Total mpted to Remain Exempted Capacity 2011Base �AB Potential Rounded Roundedpacity wn 400-231-03 1301 E 15TH ST 0.17 C5 GC 0.5 FAR 30 5.1 0 5 5 400-231-04 1305 E 15TH ST 0.15 C5 GC 0.5 FAR 30 4.5 0 4 4 400-231-05 1309 E 15TH ST 0.15 C5 GC 0.5 FAR 30 4.5 0 4 4 400-232-12 1310 E 15TH ST 0.15 C5 LR-7 7 du/ac 30 4.5 1 4 3 400-232-13 1306 E 15TH ST 0.15 C5 LR-7 7 du/ac 30 4.5 1 4 3 400-232-14 1302 E 15TH ST 0.16 C5 LR-7 7 du/ac 30 4.8 1 4 3 400-242-01 1440 E 17TH ST 0.31 C5, R1 GC 0.5 FAR 30 9.3 0 9 9 400-242-02 1450 E 17TH ST 0.96 C5, R1 GC 0.5 FAR 30 28.8 0 28 28 400-251-01 1640 E 17TH ST 0.22 C5 GC 0.5 FAR 30 6.6 0 6 6 400-251-02 0.1 C5 GC 0.5 FAR 30 3.0 0 3 3 400-251-03 1638 E 17TH ST 0.49 C5 GC 0.5 FAR 30 14.7 0 14 14 400-251-04 1620 E 17TH ST 0.58 C5 GC 0.5 FAR 30 17.4 0 17 17 400-251-05 1618 E 17TH ST 0.49 C5 GC 0.5 FAR 30 14.7 0 14 14 400-251-06 1616 E 17TH ST 0.73 C5 GC 0.5 FAR 30 21.9 0 21 21 400-251-07 1570 E 17TH ST 0.73 C5 GC 0.5 FAR 30 21.9 0 21 21 405-055-05 1622 W 6TH ST 1.72 C1 LR-7 7 du/ac 30 51.6 12 51 39 405-055-10 1515 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-055-11 1521 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-055-12 1525 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-055-13 1527 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-055-14 1531 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-055-15 1601 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-055-16 1605 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-055-17 1609 W 5TH ST 0.13 C1 LR-7 7 du/ac 30 3.9 0 3 3 405-055-19 1627 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-055-20 1631 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-055-21 507 N WESTERN AVE 0.05 C1 LR-7 7 du/ac 30 1.5 0 1 1 City Council 30 - 26 12/17/2024 GP Lan AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded Un' 405-055-22 1635 W 5TH ST 0.1 C1 LR-7 7 du/ac 30 3.0 0 3 3 405-061-05 1505 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-061-06 1511 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-065-28 1400 W 5TH ST 0.16 C1 LR-7 7 du/ac 30 4.8 1 4 3 405-065-29 1411 W 5TH ST 0.11 C1 LR-7 7 du/ac 30 3.3 0 3 3 405-065-32 1421 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-065-33 1425 W 5TH ST 0.14 C1 LR-7 7 du/ac 30 4.2 0 4 4 405-065-35 509 N PACIFIC AVE 0.06 C1 LR-7 7 du/ac 30 1.8 0 1 1 405-251-01 1200 W 17TH ST 0.36 C1 PAO 0.5 FAR 30 10.8 0 10 10 405-251-02 1212 W 17TH ST 0.83 C1, R1 PAO 0.5 FAR 30 24.9 0 24 24 405-311-01 1142 W 17TH ST 0.12 C1 PAO 0.5 FAR 30 3.6 0 3 3 405-311-02 1621 N BAKER ST 0.14 C1 PAO 0.5 FAR 30 4.2 0 4 4 405-311-23 1618 N ROSEWOOD AVE 0.14 C1 PAO 0.5 FAR 30 4.2 0 4 4 405-311-24 1138 W 17TH ST 0.12 C1 PAO 0.5 FAR 30 3.6 0 3 3 405-312-01 1621 N ROSEWOOD AVE 0.16 C1 PAO 0.5 FAR 30 4.8 0 4 4 405-312-02 1617 N ROSEWOOD AVE 0.18 C1, R1 LR-7 7 du/ac 30 5.4 1 5 4 405-312-29 1120 W 17TH ST 0.97 C1, R1 PAO 0.5 FAR 30 29.1 0 29 29 405-312-30 1108 W 17TH ST 0.71 C1, R1 PAO 0.5 FAR 30 21.3 0 21 21 405-312-31 1104 W 17TH ST 0.2 C1 PAO 0.5 FAR 30 6.0 0 6 6 405-312-32 1102 W 17TH ST 0.13 C1 PAO 0.5 FAR 30 3.9 0 3 3 405-312-34 1060 W 17TH ST 0.43 C1 PAO 0.5 FAR 30 12.9 0 12 12 405-312-53 1618 N FREEMAN ST 0.18 C1 PAO 0.5 FAR 30 5.4 0 5 5 405-312-54 1048 W 17TH ST 0.15 C1 PAO 0.5 FAR 30 4.5 0 4 4 405-313-01 1046 W 17TH ST 0.15 C1 PAO 0.5 FAR 30 4.5 0 4 4 405-313-02 1619 N FREEMAN ST 0.17 C1 PAO 0.5 FAR 30 5.1 0 5 5 405-321-01 1010 W 17TH ST 4.10 C1, R1 LR-7 7 du/ac 30 123.0 28 122 94 405-321-02 900 W 17TH ST 2.81 C5 GC 0.5 FAR 30 84.3 0 84 84 City Council 30 - 27 12/17/2024 AddressL a Zone GP Lan AB 2011 Base ens' AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Ca aci Potential Rounded Rounded Down Down 408-041-01 2720 W EDINGER AVE 0.43 C1 GC 0.5 FAR 30 12.9 0 12 12 408-041-02 2700 W EDINGER AVE 1.70 C1 GC 0.5 FAR 30 51.0 0 51 51 408-041-05 2600 W EDINGER AVE 0.07 C1 GC 0.5 FAR 30 2.1 0 2 2 408-261-12 1610 W EDINGER AVE 0.62 C5 LR-7 7 du/ac 30 18.6 4 18 14 408-271-08 1512 W EDINGER AVE 1.08 C5 GC 0.5 FAR 30 32.4 0 32 32 408-273-01 1506 W EDINGER AVE 0.57 C5 GC 0.5 FAR 30 17.1 0 17 17 408-273-08 1350 W EDINGER AVE 6.38 C4 GC 0.5 FAR 30 191.4 0 191 191 408-273-11 1308 W EDINGER AVE 2.39 C4 GC 0.5 FAR 30 71.7 0 71 71 408-273-13 1300 W EDINGER AVE 0.27 C4 GC 0.5 FAR 30 8.1 0 8 8 408-273-14 1312 W EDINGER AVE 0.93 C4 GC 0.5 FAR 30 27.9 0 27 27 408-283-34 1622 S BRISTOL ST 2.65 C5 GC 0.5 FAR 30 79.5 0 79 79 408-471-14 1400 W SAINT GERTRUDE PL 0.62 C2 GC 0.5 FAR 30 18.6 0 18 18 408-471-15 2100 S BRISTOL ST 0.29 C2 GC 0.5 FAR 30 8.7 0 8 8 408-471-16 1431 W WARNER AVE 0.82 C2 GC 0.5 FAR 30 24.6 0 24 24 396-312-15 N TUSTIN AVE 0.56 C1 GC 0.5 FAR 30 16.9 0 16 16 408-471-18 2222 S BRISTOL ST 0.41 C2 GC 0.5 FAR 30 12.3 0 12 12 408-471-17 2120 S BRISTOL ST 10.06 C2 GC 0.5 FAR 30 301.9 0 301 301 003-010-35 2525 N MAIN ST 4.38 P PAO-1.5 1.5 FAR 30 131.4 0 131 131 005-142-60 801 W CIVIC CENTER DR 3.61 P PAO 0.5 FAR 30 108.3 0 108 108 005-144-31 830 N ROSS ST 0.43 P PAO 0.5 FAR 30 12.9 0 12 12 005-144-32 821 N VAN NESS AVE 1.51 P PAO 0.5 FAR 30 45.3 0 45 45 005-181-02 837 N ROSS ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 005-181-03 839 N ROSS ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 005-181-04 837 N ROSS ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 005-181-47 0.01 P PAO 0.5 FAR 30 0.3 0 0 0 005-181-48 829 ROSS ST 0.11 P PAO 0.5 FAR 30 3.3 0 3 3 396-311-25 1808 N TUSTIN AVE 1.63 C2 GC 0.5 FAR 30 48.9 0 48 48 City Council 30 - 28 12/17/2024 AP Address a Zone GP Lan AB 2011 Base gnsfty AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded wn 396-311-28 1717 N OLD TUSTIN AVE 0.34 C2 GC 0.5 FAR 30 10.2 0 10 10 396-311-22 2205 E 17TH ST 0.68 C2 GC 0.5 FAR 30 20.4 0 20 20 396-311-24 1810 N TUSTIN AVE 0.42 C2 GC 0.5 FAR 30 12.6 0 12 12 396-311-27 2217 E 17TH ST 0.85 C2 GC 0.5 FAR 30 25.5 0 25 25 398-541-24 1215 N ROSS ST 0.21 P PAO 0.5 FAR 30 6.3 0 6 6 398-541-26 1213 N ROSS ST 0.25 P PAO 0.5 FAR 30 7.5 0 7 7 398-551-07 405 W 10TH ST 0.05 P, R2 MR-15 15 du/ac 30 1.5 0 1 1 398-551-09 405 W 10TH ST 0.29 P, R2 MR-15 15 du/ac 30 8.7 4 8 4 396-321-15 1975 E 17TH ST 4.44 C5 GC 0.5 FAR 30 133.2 0 133 133 396-321-16 1995 E 17TH ST 0.69 C5 GC 0.5 FAR 30 20.7 0 20 20 396-321-20 1935 E 17TH ST 0.59 C5 GC 0.5 FAR 30 17.7 0 17 17 396-321-21 1945 E 17TH ST 3.82 C5 GC 0.5 FAR 30 114.6 0 114 114 002-102-32 413 W 17TH ST 1.13 C1, R2 GC 0.5 FAR 30 33.9 0 33 33 002-102-18 1715 N ROSS ST 0.28 C1, R2 GC 0.5 FAR 30 8.4 0 8 8 002-164-07 122 W 18TH ST 0.11 C1 GC 0.5 FAR 30 3.3 0 3 3 002-164-28 123 W 17TH ST 0.32 C1 GC 0.5 FAR 30 9.6 0 9 9 002-164-06 120 W 18TH ST 0.14 C1 GC 0.5 FAR 30 4.2 0 4 4 002-164-22 114 W 18TH ST 0.14 C1 GC 0.5 FAR 30 4.2 0 4 4 002-164-25 111 W 17TH ST 0.12 C1 GC 0.5 FAR 30 3.6 0 3 3 002-104-44 503 W 17TH ST 0.32 C1, R2 GC 0.5 FAR 30 9.6 0 9 9 002-104-45 511 W 17TH ST 0.41 C1, R2 GC 0.5 FAR 30 12.3 0 12 12 002-180-35 2600 N MAIN ST 0.14 P PAO-1.5 1.5 FAR 30 4.2 0 4 4 002-180-45 2333 N BROADWAY 2.49 C5 DC-1.5 90 du/ac, 1.5 FAR 30 74.7 0 74 74 002-180-46 2323 N MAIN ST 3.5 C5 DC-1.5 90 du/ac, 1.5 FAR 30 105.0 0 105 105 002-203-23 2600 N MAIN ST 1.7 P PAO-1.5 1.5 FAR 30 51.0 0 51 51 002-203-24 2600 N MAIN ST 0.58 P PAO-1.5 1.5 FAR 30 17.4 0 17 17 003-113-04 2030 N BUSH ST 0.16 P DC-1.5 90 du/ac, 1.5 FAR 30 4.8 0 4 4 City Council 30 - 29 12/17/2024 GP Lan M.. AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Ca acit Potential Rounded Rounded Un' 003-113-05 2026 N BUSH ST 0.16 P DC-1.5 90 du/ac, 1.5 FAR 30 4.8 0 4 4 003-113-06 2022 N BUSH ST 0.16 P DC-1.5 90 du/ac, 1.5 FAR 30 4.8 0 4 4 003-113-07 2016 N BUSH ST 0.16 P DC-1.5 90 du/ac, 1.5 FAR 30 4.8 0 4 4 003-113-08 2014 N BUSH ST 0.16 P DC-1.5 90 du/ac, 1.5 FAR 30 4.8 0 4 4 003-113-09 2010 N BUSH ST 0.16 P DC-1.5 90 du/ac, 1.5 FAR 30 4.8 0 4 4 003-113-10 2006 N BUSH ST 0.16 P DC-1.5 90 du/ac, 1.5 FAR 30 4.8 0 4 4 003-113-24 2045 N MAIN ST 0.15 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 4.4 0 4 4 003-113-28 2025 N MAIN ST 0.15 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 4.5 0 4 4 003-113-30 2033 N MAIN ST 0.14 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 4.3 0 4 4 003-113-39 2041 N MAIN ST 0.29 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 8.6 0 8 8 003-113-40 2052 N BUSH ST 0.37 P DC-1.5 90 du/ac, 1.5 FAR 30 11.1 0 11 11 003-113-41 2056 N BUSH ST 0.15 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 4.5 0 4 4 003-113-56 2105 N MAIN ST 0.24 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 7.1 0 7 7 003-113-59 2135 N MAIN ST 0.31 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 9.3 0 9 9 003-113-61 2058 N BUSH ST 0.14 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 4.2 0 4 4 003-141-18 1917 N BUSH ST 0.12 P DC-1.5 90 du/ac, 1.5 FAR 30 3.6 0 3 3 003-141-19 1909 N BUSH ST 0.17 P DC-1.5 90 du/ac, 1.5 FAR 30 5.1 0 5 5 003-141-22 1901 N BUSH ST 0.26 P DC-1.5 90 du/ac, 1.5 FAR 30 7.8 0 7 7 003-141-41 1905 N BUSH ST 0.33 P DC-1.5 90 du/ac, 1.5 FAR 30 9.9 0 9 9 003-153-27 309 E 17TH ST 0.15 C1 GC 0.5 FAR 30 4.5 0 4 4 003-153-47 301 E 17TH ST 0.64 C1 GC 0.5 FAR 30 19.2 0 19 19 396-313-05 2401 E 17TH ST 0.31 C5 GC 0.5 FAR 30 9.2 0 9 9 398-083-10 1263 E 14TH ST 0.15 C5 UN-20 20 du/ac, 1.0 FAR 30 4.5 3 4 1 398-083-11 1259 E 14TH ST 0.14 C5 UN-20 20 du/ac, 1.0 FAR 30 4.2 2 4 2 398-083-12 1255 E 14TH ST 0.14 C5 UN-20 20 du/ac, 1.0 FAR 30 4.2 2 4 2 398-084-03 1258 E 14TH ST 0.15 C5 UN-20 20 du/ac, 1.0 FAR 30 4.5 3 4 1 398-084-06 1302 N GRAND AVE 0.35 C5 UN-20 20 du/ac, 1.0 FAR 30 10.5 7 10 3 City Council 30-30 12/17/2024 AP Address GP Lan AB 2011 Base ensit AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Ca aci Potential Rounded Rounded Un' 398-084-13 1314 N GRAND AVE 0.58 C5 UN-20 20 du/ac, 1.0 FAR 30 17.4 11 17 6 398-084-17 1264 E 14TH ST 0.12 C5 UN-20 20 du/ac, 1.0 FAR 30 3.6 2 3 1 398-101-02 940 N GRAND AVE 0.55 SD84 DC-5 125 du/ac, 5.0 FAR 30 16.5 0 16 16 398-101-03 930 N GRAND AVE 0.31 SD84 DC-5 125 du/ac, 5.0 FAR 30 9.3 0 9 9 398-101-04 1205 E STAFFORD ST 0.36 SD84 DC-5 125 du/ac, 5.0 FAR 30 10.8 0 10 10 398-101-05 1201 E STAFFORD ST 0.18 SD84 DC-5 125 du/ac, 5.0 FAR 30 5.4 0 5 5 398-101-09 1214 E STAFFORD ST 0.18 SD84 DC-5 125 du/ac, 5.0 FAR 30 5.4 0 5 5 398-123-10 1614 N FRENCH ST 0.16 C1 LR-7 7 du ac 30 4.8 1 4 3 398-161-02 818 E 17TH ST 0.14 C5 GC 0.5 FAR 30 4.2 0 4 4 398-161-03 810 E 17TH ST 0.14 C5 GC 0.5 FAR 30 4.2 0 4 4 398-161-04 802 E 17TH ST 0.14 C5 GC 0.5 FAR 30 4.2 0 4 4 398-161-05 740 E 17TH ST 0.14 C5 GC 0.5 FAR 30 4.2 0 4 4 398-161-06 730 E 17TH ST 0.14 C5 GC 0.5 FAR 30 4.2 0 4 4 398-161-07 722 E 17TH ST 0.14 C5 GC 0.5 FAR 30 4.2 0 4 4 398-161-08 714 E 17TH ST 0.15 C5 GC 0.5 FAR 30 4.5 0 4 4 398-161-09 706 E 17TH ST 0.16 C5 GC 0.5 FAR 30 4.8 0 4 4 398-182-10 905 E WASHINGTON AVE 0.09 SD84 UN-20 20 du/ac, 1.0 FAR 30 2.7 1 2 1 398-183-17 1312 N LINCOLN AVE 0.11 SD84 UN-20 20 du/ac, 1.0 FAR 30 3.3 2 3 1 398-401-21 1633 E 5TH ST 0.14 P PAO 0.5 FAR 30 4.2 0 4 4 398-402-03 1665 E 4TH ST 0.88 P PAO 0.5 FAR 30 26.4 0 26 26 398-402-06 421 N LYON ST 0.77 P PAO 0.5 FAR 30 23.1 0 23 23 398-402-07 421 N LYON ST 0.13 P PAO 0.5 FAR 30 3.9 0 3 3 399-101-01 2230 N MAIN ST 0.28 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 8.4 0 8 8 399-101-02 2222 N MAIN ST 0.33 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 9.9 0 9 9 399-101-03 2218 N MAIN ST 0.68 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 20.4 0 20 20 399-101-04 2212 N MAIN ST 0.36 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 10.8 0 10 10 399-101-05 2202 N MAIN ST 0.07 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 2.1 0 2 2 City Council 30 - 31 12/17/2024 APN Address&16Lnt Size Zone GP Lan AB 2011 Base mpg AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded Un' wn 399-101-06 2208 N MAIN ST 0.28 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 8.4 0 8 8 399-101-07 107 W BUFFALO AVE 0.16 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 4.8 0 4 4 399-101-08 119 W BUFFALO AVE 0.21 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 6.3 0 6 6 399-102-01 2132 N MAIN ST 0.62 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 18.6 0 18 18 399-102-02 2122 N MAIN ST 0.29 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 8.7 0 8 8 399-102-03 0.29 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 8.7 0 8 8 399-102-04 2112 N MAIN ST 0.34 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 10.2 0 10 10 399-102-22 112 W BUFFALO AVE 0.22 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 6.6 0 6 6 400-021-06 0.23 P PAO 0.5 FAR 30 6.9 0 6 6 400-021-07 0.01 P 30 0.3 0 0 0 400-031-06 505 N TUSTIN AVE 2.23 P PAO-1 1.0 FAR 30 66.9 0 66 66 400-031-07 431 N TUSTIN AVE 1.93 C2 GC-1 1.0 FAR 30 57.9 0 57 57 400-091-09 220 TUSTIN AVE 0.31 P PAO-1 1.0 FAR 30 9.3 0 9 9 400-091-10 210 N TUSTIN AVE 0.31 P PAO-1 1.0 FAR 30 9.3 0 9 9 400-091-11 200 N TUSTIN AVE 0.35 P PAO-1 1.0 FAR 30 10.5 0 10 10 400-091-12 14951 N TUSTIN AVE 0.34 P PAO-1 1.0 FAR 30 10.2 0 10 10 400-211-01 2302 E 17TH ST 0.48 C1 GC 0.5 FAR 30 14.4 0 14 14 400-211-08 2400 17TH ST 1.44 C1 GC 0.5 FAR 30 43.2 0 43 43 400-211-09 1601 N TUSTIN AVE 0.59 C1 GC 0.5 FAR 30 17.7 0 17 17 400-211-10 2314 E 17TH ST 0.99 C1 GC 0.5 FAR 30 29.7 0 29 29 400-232-15 1301 E 14TH ST 0.16 C5 LR-7 7 du Lc 30 4.8 1 4 3 400-232-16 1305 E 14TH ST 0.16 C5 LR-7 7 du ac 30 4.8 1 4 3 400-232-17 1309 E 14TH ST 0.16 C5 LR-7 7 du ac 30 4.8 1 4 3 400-261-14 1345 N GRAND AVE 0.66 C5 UN-20 20 du/ac, 1.0 FAR 30 19.8 13 19 6 396-314-06 17221 E 17TH ST 0.27 C1 GC 0.5 FAR 30 8.2 0 8 8 396-313-11 2301 E 17TH ST 0.87 C1 GC 0.5 FAR 30 26.0 0 26 26 003-113-83 2129 N MAIN ST 0.03 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 0.9 0 0 0 City Council 30 - 32 12/17/2024 Address&16Lnt Size Zone AB 2011 Base AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Ca aci Potential Rounded Rounded n wnt 003-113-86 2129 N MAIN ST 1.07 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 32.1 0 32 32 003-113-78 2129 N MAIN ST 0.02 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 0.6 0 0 0 003-113-63 2119 N MAIN ST 0.15 C1-MD DC-1.5 90 du/ac, 1.5 FAR 30 4.5 0 4 4 003-010-36 2515 N MAIN ST 1.56 P PAO-1.5 1.5 FAR 30 46.9 0 46 46 400-211-12 1551 N TUSTIN AVE 2.57 P PAO-1.5 1.5 FAR 30 77.1 0 77 77 001 ^� '�3 1:743 W 17TH -F 9.4 C4 bR-2 74u/aE w 42 -2 3-2 40 nnr�5o 849 -N FLOWER -ST 4-39 P PAO 9-5-EAR -38 44 0 4� 44 n1 c�40 694 € CENTR W AVE 0-7 9 4C4 URR-7 74U/ae 39 3 0 -2 -2 016 135 4-3 i2509 S 4n11Tn ny -ST 7,J��/.... 30 -3 8 396 261 i 2031 - fAISITT-A ARA AVE �I0 �t 44-2 nit 42 ItI�IT W& 30 A 4-2 4-2 39G�3 17/01 1('�r� TT USTTIN '�44 � PP9/'�4R 0.5 PAR 30 '4-3 -3O A � 36 ]OC�T 18I VI9 44 TUSTIN AVE'E 4-.0 /Q Q � /0.5 0.5 PAR 30 3- A 3- - 3OC',l6 341 05 21�11/2� E fAISITTA��GI ARA AVE- GG PP 30 YI ACT 0 3 � 3 306 341 06 2230 0 Ti STIN AVEY /P�.46 0� (GS� CS Qc /0.5 PAR 0.5 P9' R 30 4S A � 45 � 45 39C�^' P�I m NTTIIINII AVE 2 C-5 F� 0n 5 €rAR 8O &5 0 4 64 70G�08 �I n�RO 2100 -N TT,I TUS'1IN AVE tl�i � GC 9.CFAR 38 ri 0 ri ri nnn�02 4,45 P PAC) 1 1.0 FAR 30 -9 0 §8 -58 nnn�n3 4:43 P PAC) 4 1.0EAR 30 43 0 Q 42 n nn�0A 242 P PAC) 1 1.0-EAR 30 7-0 0 69 69 nnn�o2 1404 -N TI I�TIN AVE 8,35 P R4 L- - 74U/ae 30 2-51 S$ 2-59 3-W Anti 280�000 €�� 4ST -ST PAC) 1 -10-�PA�pR 30� 490 0 490 4W A0CTVT 081 24 T0T Tr BRIvmSTE) 'T � p6Q� TPJ 64 66 0.5 PAR 30 �V A TJ -% A0�5 6 W CIVIC GENTE sR " 64 PAO 0.5 PAR 30 32 0 32 -1-2 A0�6 -1202 W CIVIC GENTE &R &48 P PAO 0.5 PAR 30 34 0 34 34 A07�35 2:727 W EnINGER AVE 0�.55 ���1 &6 0.5 FAR. 30� 47 0 46 46 i41077T 7 00T�1 37� 140/6�� CAIRVICW '`T'C 4-.0t Q 4&G PAR 30 30 0 30 30 408 041 04 2-&Ig `j& W EnIIt IGCR AVE 0,63 C4 dC �0.5 tl-q P4R JG YS A YO U City Council 30 - 33 12/17/2024 Address a Zone GP Lan tensit AB 2011 Base Density AB 2011 Capacity AB 2011 Total Exempted to Remain Exempted Capacity AB 2011 Capacity Potential Rounded Rounded Units Down Down ^''+�-i4i i4 3WG S ❑OL ST &35 64 G6 0.5 FAR. 30 § 9 4 4 4i'�s 44 W nn G RT-HUR $,VP 037 G4 GG 0.5 FAR. 30 34 9 -14 44 4 "�T 44 21 W MACARTHUR 3LV D 2-.O6 G4 GG 0, CFA D 38 1 62 1 0 04 1 G4 City Council 30 — 34 12/17/2024 City of Santa Ana w- AB 2011 g 100% Affordable Housing Act of 2022 Ax = AI�tPa� � a IMF er b holl Moo man dui E �t e ? �.x.. AxA x�w <.xs, <.xs ,, ,� r»■ �.x�. � lob �e, i E - fi mam mm p m M«AooE oa 6" MtiAPo Z I u .r 0 3 4 Eligible Zones: C11 CWD, C2, C4, C5, CR, C-SM, P mr a oxeex.* SD-31, SD-48, SD-52, SD-54, SD-60 SD-64, SD-72, SD-78 SD-84(except Government Center) 7- SP 2 (except park) SP 3 (only the Bush Str. Professional District and _ U Broadway Corridor District) SP 4 Exemptions (does not qualify it.): t � - * If used for mobile home parks V / e WARNER .0 by the City of Santa Ana a * Abutting Industrial General Plan Areas (old verison) WARNER .v * Abutting Existing Industrial Landuse Note: Abutting is assumed to be properties adjacent, LL across the street, and diagonal for intersections DYER o EN �i a�uo -- Map Legend e Eligible Sites to Exempt City Council 30 — 35 12/17/2024 M Map Date: 12/10/2024 AB 2011 as Amended by AB 2243 - Mixed -Income Exempt Parcels List Parcel additions are underlined Parcel removals are PA-- Size I-r-A 7-CLe GP Land GP Density - AB 2011 Base Density AB 2011 C Potential Units - Rounded Down Total Exempted AB 2011 Capacity to Remain Potential Rounded UseLot nsit Units Down 002-094-24 817 W 17TH ST 0.18 C1 GC 0.5 FAR 80 14.4 - 14 14 002-094-25 807 W 17TH ST 0.11 C1 GC 0.5 FAR 80 8.8 - 8 8 002-094-29 703 W 17TH ST 0.30 C1 GC 0.5 FAR 80 24.0 - 24 24 002-094-30 711 W 17TH ST 0.20 C1 GC 0.5 FAR 80 16.0 - 16 16 002-094-32 801 W 17TH ST 0.13 C1 GC 0.5 FAR 80 10.4 - 10 10 002-102-18 1715 N ROSS ST 0.28 C1, R2 GC 0.5 FAR 80 22.4 - 22 22 002-102-32 413 W 17TH ST 1.13 C1, R2 GC 0.5 FAR 80 90.4 - 90 90 002-104-44 503 W 17TH ST 0.32 C1, R2 GC 0.5 FAR 80 25.7 - 25 25 002-104-45 511 W 17TH ST 0.41 C1, R2 GC 0.5 FAR 80 32.7 - 32 32 002-151-03 2014 N BROADWAY 0.30 P PAO-1 1.0 FAR 80 24.0 - 24 24 002-151-04 2006 N BROADWAY 0.23 P PAO-1 1.0 FAR 80 18.4 - 18 18 002-151-05 2002 N BROADWAY 0.47 P PAO-1 1.0 FAR 80 37.6 - 37 37 002-151-06 1922 N BROADWAY 0.27 P PAO-1 1.0 FAR 80 21.6 - 21 21 002-151-09 1906 N BROADWAY 0.20 P PAO-1 1.0 FAR 80 16.0 - 16 16 City Council 30 - 36 12/17/2024 L Am Lot Size acres Zone GP Land Use GP Density - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 d&pacity to Remain Potential Rounded Units Down 002-151-10 1902 N BROADWAY 0.22 P PAO-1 1.0 FAR 80 17.6 - 17 17 002-151-25 1912 N BROADWAY 0.41 P PAO-1 1.0 FAR 80 32.8 - 32 32 002-151-27 2020 N BROADWAY 0.62 P PAO-1 1.0 FAR 80 49.6 - 49 49 002-152-01 1816 N BROADWAY 0.26 P PAO-1 1.0 FAR 80 20.8 - 20 20 002-152-02 1810 N BROADWAY 0.17 P PAO-1 1.0 FAR 80 13.6 - 13 13 002-152-03 1806 N BROADWAY 0.18 P PAO-1 1.0 FAR 80 14.4 - 14 14 002-152-20 1800 N BROADWAY 0.38 P PAO-1 1.0 FAR 80 30.4 - 30 30 002-153-21 339 W 17TH ST 0.12 C1 GC 0.5 FAR 80 9.6 - 9 9 002-153-22 335 W 17TH ST 0.12 C1 GC 0.5 FAR 80 9.6 - 9 9 002-153-25 0.11 C1 GC 0.5 FAR 80 8.8 - 8 8 002-153-26 333 W 17TH ST 0.06 C1 GC 0.5 FAR 80 4.8 - 4 4 002-161-06 2015 N BROADWAY 0.41 P PAO-1 1.0 FAR 80 32.8 - 32 32 002-161-07 2009 N BROADWAY 0.24 P PAO-1 1.0 FAR 80 19.2 - 19 19 002-161-08 2003 N BROADWAY 0.24 P PAO-1 1.0 FAR 80 19.2 - 19 19 002-161-15 2025 N BROADWAY 0.47 P PAO-1 1.0 FAR 80 37.6 - 37 37 002-162-22 1919 N BROADWAY 0.18 P PAO-1 1.0 FAR 80 14.4 - 14 14 City Council 30-37 12/17/2024 L A Lot Size acres Zone GP Land Use GP Density - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 Mppacity to Remain Potential Rounded Units Down 002-162-27 1911 N BROADWAY 0.30 P PAO-1 1.0 FAR 80 24.0 - 24 24 002-162-35 1901 N BROADWAY 0.27 P PAO-1 1.0 FAR 80 21.6 - 21 21 002-163-19 1801 N BROADWAY 0.40 P PAO-1 1.0 FAR 80 32.0 - 32 32 002-163-28 1815 N BROADWAY 0.08 P PAO-1 1.0 FAR 80 6.4 - 6 6 002-163-29 1819 N BROADWAY 0.08 P PAO-1 1.0 FAR 80 6.4 - 6 6 002-164-06 120 W 18TH ST 0.14 C1 GC 0.5 FAR 80 11.2 - 11 11 002-164-07 122 W 18TH ST 0.11 C1 GC 0.5 FAR 80 8.8 - 8 8 002-164-10 1717 N BROADWAY 0.21 P PAO-1 1.0 FAR 80 16.8 - 16 16 002-164-11 1711 N BROADWAY 0.21 P PAO-1 1.0 FAR 80 16.8 - 16 16 002-164-22 114 W 18TH ST 0.14 C1 GC 0.5 FAR 80 11.2 - 11 11 002-164-23 1718 N MAIN ST 0.30 C1-MD GC 0.5 FAR 80 24.0 - 24 24 002-164-25 111 W 17TH ST 0.12 C1 GC 0.5 FAR 80 9.6 - 9 9 002-164-28 123 W 17TH ST 0.32 C1 GC 0.5 FAR 80 25.6 - 25 25 002-164-29 1702 W MAIN ST 0.47 C1-MD GC 0.5 FAR 80 37.6 - 37 37 002-203-17 2670 N MAIN ST 1.44 P PAO-1.5 1.5 FAR 60 86.4 - 86 86 002-203-22 2660 N MAIN ST 0.76 P PAO-1.5 1.5 FAR 30 22.8 - 22 22 City Council 30 - 38 12/17/2024 L a Lot Size acres Zone GP Land Use GP Density - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 d&pacity to Remain Potential Rounded IntensitV Units Down 003-010-35 2525 N MAIN ST 4.38 P PAC-1.5 1.5 FAR 60 262.7 - 262 262 003-141-31 1705 N BUSH ST 0.54 C1 GC 1.5 FAR 80 43.2 - 43 43 003-143-32 1701 N MAIN ST 0.88 C1-MD GC 1.5 FAR 80 70.4 - 70 70 005-110-02 402 W 17TH ST 2.68 C5 GC 1.5 FAR 80 214.4 - 214 214 005-111-54 526 W 17TH ST 0.23 C1 GC 1.5 FAR 80 18.4 - 18 18 005-111-55 500 W 17TH ST 0.21 C1 GC 1.5 FAR 80 16.8 - 16 16 005-111-56 502 W 17TH ST 0.22 C1 GC 1.5 FAR 80 17.6 - 17 17 005-111-57 512 W 17TH ST 0.22 C1 GC 1.5 FAR 80 17.6 - 17 17 005-111-58 516 W 17TH ST 0.22 C1 GC 1.5 FAR 80 17.6 - 17 17 005-111-62 520 W 17TH ST 0.43 C1 GC 1.5 FAR 80 34.4 - 34 34 099-212-50 600 N EUCLID ST 0.13 C2 LR-7 7.0 du/ac 80 10.4 - 10 10 099-213-53 502 N EUCLID ST 0.15 C1 GC 0.5 FAR 80 12.0 - 12 12 099-221-22 414 N EUCLID ST 0.24 C1 GC 0.5 FAR 80 19.2 - 19 19 099-221-27 N EUCLID ST 0.23 C1 GC 0.5 FAR 80 18.4 - 18 18 099-221-28 402 N EUCLID ST 0.11 C1 GC 0.5 FAR 80 8.8 - 8 8 099-222-39 306 N EUCLID ST 0.57 C1 GC 0.5 FAR 80 45.6 - 45 45 City Council 30 - 39 12/17/2024 dL Lot Size acres Zone GP Land Use GP Density - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 d&pacity to Remain Potential Rounded Units Down 099-223-26 202 N EUCLID ST 0.61 C1 GC 0.5 FAR 80 48.8 - 48 48 099-224-40 122 N EUCLID ST 0.10 C1 GC 0.5 FAR 80 8.0 - 8 8 099-224-41 118 N EUCLID ST 0.11 C1 GC 0.5 FAR 80 8.8 - 8 8 099-232-39 5401 W 1ST ST 0.56 C1, R1 GC 0.5 FAR 80 44.8 - 44 44 099-232-41 5423 W 1ST ST 0.36 C1, R1 GC 0.5 FAR 80 28.8 - 28 28 099-232-43 5425 W 1ST ST 0.45 C1 GC 0.5 FAR 80 36.0 - 36 36 099-232-47 5421 W 1ST ST 0.27 C1, R1 GC 0.5 FAR 80 21.6 - 21 21 099-233-23 102 N COOPER ST 0.20 C1 GC 0.5 FAR 80 16.0 - 16 16 100-291-01 413 N EUCLID ST 0.57 C1 GC 0.5 FAR 80 45.6 - 45 45 100-291-02 405 N EUCLID ST 0.21 C1 LMR-11 11.0 du/ac 80 16.8 2 16 14 108-381-25 5111 W EDINGER AVE 5.69 C1 GC 0.5 FAR 80 455.2 - 455 455 109-071-11 1400 W MCFADDEN AVE 0.68 C1 GC 0.5 FAR 80 54.4 - 54 54 109-071-12 1414 W MCFADDEN AVE 0.71 C1 GC 0.5 FAR 80 56.8 - 56 56 109-071-13 1150 S BRISTOL ST 0.62 C1 GC 0.5 FAR 80 49.6 - 49 49 109-071-15 1204 S BRISTOL ST 0.82 C1 GC 0.5 FAR 80 65.6 - 65 65 109-071-16 1180 S BRISTOL ST 0.48 C1 GC 0.5 FAR 80 38.4 - 38 38 City Council 30 - 40 12/17/2024 L 419L Lot Size acres Zone GP Land Use GP Density - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 d&pacity to Remain Potential Rounded Units Down 109-071-18 1136 S BRISTOL ST 0.96 C1 GC 0.5 FAR 80 76.8 - 76 76 109-071-19 1212 S BRISTOL ST 1.91 C1 GC 0.5 FAR 80 152.8 - 152 152 232-051-11 1231 W MEMORY LN 0.94 C1 GC 0.5 FAR 30 28.2 - 28 28 232-051-12 2735 N BRISTOL ST 4.55 C1 GC 0.5 FAR 60 273.0 - 273 273 396-031-16 1703 E 17TH ST 0.89 C5 GC 0.5 FAR 30 26.7 - 26 26 396-031-32 1801 E 17TH ST 0.89 C5 GC 0.5 FAR 30 26.7 - 26 26 396-031-34 1737 E 17TH ST 0.74 C5 GC 0.5 FAR 30 22.2 - 22 22 396-031-35 1727 E 17TH ST 0.59 C5 GC 0.5 FAR 30 17.7 - 17 17 396-034-02 1631 E 17TH ST 1.06 C5 PAO 0.5 FAR 60 63.6 - 63 63 396-066-01 1625 E 17TH ST 0.39 C5 PAO 0.5 FAR 30 11.7 - 11 11 396-066-02 1621 E 17TH ST 0.39 P PAO-1 1.0 FAR 30 11.7 - 11 11 396-066-06 1535 E 17TH ST 0.35 P PAO-1 1.0 FAR 30 10.5 - 10 10 396-066-09 1525 E 17TH ST 0.21 P PAO-1 1.0 FAR 30 6.3 - 6 6 396-066-10 1505 E 17TH ST 0.40 P PAO-1 1.0 FAR 30 12.0 - 12 12 396-066-14 1611 E 17TH ST 0.12 P PAO-1 1.0 FAR 30 3.6 - 3 3 396-066-15 1615 E 17TH ST 0.14 P PAO-1 1.0 FAR 30 4.2 - 4 4 City Council 30 - 41 12/17/2024 L LO Lot Size acres Zone GP Land Use GP DensitV - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 d&pacity to Remain Potential Rounded Units Down 396-066-16 1605 E 17TH ST 0.10 P PAO-1 1.0 FAR 30 3.0 - 3 3 396-066-17 1595 E 17TH ST 0.10 P PAO-1 1.0 FAR 30 3.0 - 3 3 396-066-18 1585 E 17TH ST 0.12 P PAO-1 1.0 FAR 30 3.6 - 3 3 396-066-19 1625 E 17TH ST 1.05 P PAO-1 1.0 FAR 60 63.0 - 63 63 396-066-21 1575 E 17TH ST 0.14 P PAO-1 1.0 FAR 30 4.2 - 4 4 396-091-26 1001 E 17TH ST 0.62 C1 GC 0.5 FAR 30 18.6 - 18 18 396-131-27 2429 N TUSTIN AVE 1.20 C5 GC 0.5 FAR 60 72.0 - 72 72 396-141-01 2301 N TUSTIN AVE 0.51 C5 GC 0.5 FAR 30 15.3 - 15 15 396-141-07 2151 E SANTA CLARA AVE 0.35 C5 GC 0.5 FAR 30 10.5 - 10 10 396-141-09 2401 N TUSTIN AVE 0.96 C5 GC 0.5 FAR 30 28.8 - 28 28 396-141-13 2343 N TUSTIN AVE 1.04 C5 GC 0.5 FAR 60 62.4 - 62 62 396-141-14 2323 N TUSTIN AVE 1.08 C5 GC 0.5 FAR 60 64.8 - 64 64 396-221-37 1415 E 17TH ST 0.57 P, R1 PAO-1 1.0 FAR 30 17.1 - 17 17 396-221-60 1441 E 17TH ST 0.55 P, R1 PAO-1 1.0 FAR 30 16.5 - 16 16 396-221-61 1421 E 17TH ST 0.56 P, R1 PAO-1 1.0 FAR 30 16.8 - 16 16 396-261-33 2360 N TUSTIN AVE 1.97 C5 GC 0.5 FAR 60 118.2 - 118 118 City Council 30 - 42 12/17/2024 dL Lot Size acres Zon GP Land Use a GP Density - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 d&pacity to Remain Potential Rounded Units Down 396-261-34 2370 N TUSTIN AVE 1.18 C5 GC 0.5 FAR 60 70.8 - 70 70 396-261-36 2300 N TUSTIN AVE 0.66 C5 GC 0.5 FAR 30 19.8 - 19 19 396-281-49 2231 N TUSTIN AVE 1.30 C5 GC 0.5 FAR 60 78.0 - 78 78 396-281-50 2201 N TUSTIN AVE 0.97 C5 GC 0.5 FAR 30 29.1 - 29 29 396-281-51 2121 N TUSTIN AVE 0.48 C5 GC 0.5 FAR 30 14.4 - 14 14 396-301-02 1921 N TUSTIN AVE 0.55 C1 GC 0.5 FAR 30 16.5 - 16 16 396-301-05 1931 N TUSTIN AVE 0.29 C1 GC 0.5 FAR 30 8.7 - 8 8 396-302-01 1901 N TUSTIN AVE 0.68 C1 GC 0.5 FAR 30 20.4 - 20 20 396-302-02 1829 N TUSTIN AVE 0.52 C1 GC 0.5 FAR 30 15.6 - 15 15 396-302-03 1819 N TUSTIN AVE 0.72 C1 GC 0.5 FAR 30 21.6 - 21 21 396-311-22 2205 E 17TH ST 0.68 C2 GC 0.5 FAR 30 20.4 - 20 20 396-311-24 1810 N TUSTIN AVE 0.42 C2 GC 0.5 FAR 30 12.6 - 12 12 396-311-25 1808 N TUSTIN AVE 1.63 C2 GC 0.5 FAR 60 97.8 - 97 97 396-311-27 2217 E 17TH ST 0.85 C2 GC 0.5 FAR 30 25.5 - 25 25 396-311-28 1717 N OLD TUSTIN AVE 0.34 C2 GC 0.5 FAR 30 10.2 - 10 10 396-312-15 N TUSTIN AVE 0.56 C1 GC 0.5 FAR 30 16.9 - 16 16 City Council 30 - 43 12/17/2024 L LM Lot Size acres Zone GP Land Use GP DensitV - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 d&pacity to Remain Potential Rounded Units Down 396-321-13 2107 E 17TH ST 0.84 C1 GC 0.5 FAR 30 25.2 - 25 25 396-321-15 1975 E 17TH ST 4.44 C5 GC 0.5 FAR 60 266.4 - 266 266 396-321-16 1995 E 17TH ST 0.69 C5 GC 0.5 FAR 30 20.7 - 20 20 396-321-17 2127 E 17TH ST 1.08 C1 GC 0.5 FAR 60 64.8 - 64 64 396-321-20 1935 E 17TH ST 0.59 C5 GC 0.5 FAR 30 17.7 - 17 17 396-321-21 1945 E 17TH ST 3.82 C5 GC 0.5 FAR 60 229.2 - 229 229 396-332-07 2050 N TUSTIN AVE 0.15 C5 GC 0.5 FAR 30 4.5 - 4 4 396-332-08 2030 N TUSTIN AVE 0.13 C5 GC 0.5 FAR 30 3.9 - 3 3 396-332-09 2010 N TUSTIN AVE 0.15 C5 GC 0.5 FAR 30 4.5 - 4 4 396-333-01 1828 N TUSTIN AVE 0.79 C1 GC 0.5 FAR 30 23.7 - 23 23 396-333-02 1810 OLD TUSTIN AVE 0.16 C2 GC 0.5 FAR 30 4.8 - 4 4 396-352-12 1823 E 17TH ST 0.81 C5, R1 GC 0.5 FAR 30 24.3 - 24 24 396-352-13 1833 E 17TH ST 0.78 C5, R1 GC 0.5 FAR 30 23.4 - 23 23 396-352-14 1905 E 17TH ST 0.78 C5, R1 GC 0.5 FAR 30 23.4 - 23 23 396-352-16 1913 E 17TH ST 1.50 C5, R1 GC 0.5 FAR 60 90.0 - 90 90 398-122-12 210 E 17TH ST 0.25 C1 GC 0.5 FAR 80 20.0 - 20 20 City Council 30 - 44 12/17/2024 L dL Lot Size acres Zon GP Land Use GP Density - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 pacity to Remain Potential Rounded Units Down 398-392-16 1503 E 4TH ST 0.13 P PAO 0.5 FAR 80 10.4 - 10 10 398-392-17 1507 E 4TH ST 0.10 P PAO 0.5 FAR 80 8.0 - 8 8 398-392-18 1513 E 4TH ST 0.17 P PAO 0.5 FAR 80 13.6 - 13 13 398-392-19 1517 E 4TH ST 0.17 P PAO 0.5 FAR 80 13.6 - 13 13 398-393-14 1527 E 4TH ST 0.17 P PAO 0.5 FAR 80 13.6 - 13 13 398-393-15 1533 E 4TH ST 0.16 P PAO 0.5 FAR 80 12.8 - 12 12 398-393-16 1539 E 4TH ST 0.16 P PAO 0.5 FAR 30 4.8 - 4 4 398-393-17 1541 E 4TH ST 0.16 P PAO 0.5 FAR 30 4.8 - 4 4 398-393-18 414 N EASTSIDE AVE 0.14 P LR-7 7.0 du/ac 30 4.2 - 4 4 398-401-22 1651 E 4TH ST 2.16 P PAO 0.5 FAR 40 86.4 - 86 86 398-401-23 1633 E 4TH ST 1.28 P PAO 0.5 FAR 40 51.2 - 51 51 398-401-24 1617 E 4TH ST 0.60 P PAO 0.5 FAR 30 18.0 - 18 18 398-401-25 1611 E 4TH ST 0.58 P PAO 0.5 FAR 30 17.4 - 17 17 398-401-26 1605 E 4TH ST 0.24 P PAO 0.5 FAR 30 7.2 - 7 7 398-411-01 1604 E 4TH ST 0.55 P PAO 0.5 FAR 30 16.5 - 16 16 398-411-02 1608 E 4TH ST 0.47 P PAO 0.5 FAR 30 14.1 - 14 14 City Council 30 - 45 12/17/2024 L ILLot Size acres Zon GP Land Use a GP DensitV - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 dMpacity to Remain Potential Rounded Units Down 398-431-02 1532 E 4TH ST 0.26 P PAO 0.5 FAR 30 7.8 - 7 7 398-431-03 1526 E 4TH ST 0.25 P PAO 0.5 FAR 30 7.5 - 7 7 398-431-32 1522 E 4TH ST 0.17 P PAO 0.5 FAR 30 5.1 - 5 5 398-431-33 1518 E 4TH ST 0.17 P PAO 0.5 FAR 30 5.1 - 5 5 398-431-34 1514 E 4TH ST 0.22 P PAO 0.5 FAR 30 6.6 - 6 6 398-431-35 1600 E 4TH ST 0.47 P PAO 0.5 FAR 30 14.1 - 14 14 398-441-01 323 N LINWOOD AVE 0.14 P PAO 0.5 FAR 80 11.2 - 11 11 398-441-14 324 N LINWOOD AVE 0.14 P PAO 0.5 FAR 80 11.2 - 11 11 398-441-15 1414 E 4TH ST 0.25 P PAO 0.5 FAR 80 20.0 - 20 20 398-441-16 1410 E 4TH ST 0.24 P PAO 0.5 FAR 80 19.2 - 19 19 398-441-35 1400 E 4TH ST 0.34 P PAO 0.5 FAR 80 27.2 - 27 27 399-052-08 901 W 17TH ST 0.35 C1 GC 0.5 FAR 80 28.0 - 28 28 399-052-09 917 W 17TH ST 0.16 C1 GC 0.5 FAR 80 12.8 - 12 12 399-053-14 1005 W 17TH ST 0.15 C1 PAO 0.5 FAR 80 12.0 - 12 12 399-064-10 1077 W 17TH ST 0.34 C1 PAO 0.5 FAR 80 27.2 - 27 27 399-064-11 1071 W 17TH ST 0.97 C1 PAO 0.5 FAR 80 77.6 - 77 77 City Council 30 - 46 12/17/2024 Lot Size acres Zone GP Land Use GP DensitV - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 Capacity to Remain Potential Rounded Units Down 399-064-12 2330 W 1ST ST 0.18 C1 PAO 0.5 FAR 80 14.4 - 14 14 399-065-18 1103 W 17TH ST 0.18 C1 PAO 0.5 FAR 80 14.4 - 14 14 399-065-19 1109 W 17TH ST 0.16 C1 PAO 0.5 FAR 80 12.8 - 12 12 399-071-16 1117 W 17TH ST 0.30 C1 PAO 0.5 FAR 80 24.0 - 24 24 399-071-17 1121 W 17TH ST 0.16 C1 PAO 0.5 FAR 80 12.8 - 12 12 399-072-16 1133 W 17TH ST 0.35 C1 PAO 0.5 FAR 80 28.0 - 28 28 399-072-17 1139 W 17TH ST 0.17 C1 PAO 0.5 FAR 80 13.6 - 13 13 399-072-18 1145 W 17TH ST 0.11 C1 PAO 0.5 FAR 80 8.8 - 8 8 399-072-19 1151 W 17TH ST 0.11 C1 PAO 0.5 FAR 80 8.8 - 8 8 399-085-16 1223 W 17TH ST 0.67 C1, R1 GC 0.5 FAR 80 53.6 - 53 53 399-085-17 1205 W 17TH ST 0.91 C1, R1 GC 0.5 FAR 80 72.8 - 72 72 399-085-18 1225 W 17TH ST 0.45 C1, R1 GC 0.5 FAR 80 36.0 - 36 36 399-085-19 1227 W 17TH ST 0.42 C1, R1 GC 0.5 FAR 80 33.6 - 33 33 399-085-21 1715 N BRISTOL ST 1.10 C1, R2 GC 0.5 FAR 80 88.0 - 88 88 399-101-09 2215 N BROADWAY 0.57 P PAO-1 1.0 FAR 80 45.6 - 45 45 399-101-11 2203 N BROADWAY 0.39 P PAO-1 1.0 FAR 80 31.2 - 31 31 City Council 30 - 47 12/17/2024 Lot Size acres Zone GP Land Use GP DensitV - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 Capacity to Remain Potential Rounded Units Down 399-101-12 2223 N BROADWAY 1.43 P PAO-1 1.0 FAR 80 114.4 - 114 114 399-102-10 2037 N BROADWAY 0.62 P PAO-1 1.0 FAR 80 49.6 - 49 49 399-102-11 2043 N BROADWAY 0.61 P PAO-1 1.0 FAR 80 48.8 - 48 48 399-102-12 2103 N BROADWAY 0.49 P PAO-1 1.0 FAR 80 39.2 - 39 39 399-102-24 2107 N BROADWAY 1.32 P PAO-1 1.0 FAR 80 105.6 - 105 105 399-102-26 2115 N BROADWAY 1.85 P PAO-1 1.0 FAR 80 148.0 - 148 148 399-111-01 2232 N BROADWAY 0.26 P PAO-1 1.0 FAR 80 20.8 - 20 20 399-111-02 2230 N BROADWAY 0.35 P PAO-1 1.0 FAR 80 28.0 - 28 28 399-111-03 2200 N BROADWAY 1.12 P PAO-1 1.0 FAR 80 89.6 - 89 89 399-111-04 2122 N BROADWAY 1.02 P PAO-1 1.0 FAR 80 81.6 - 81 81 399-111-05 2114 N BROADWAY 0.33 P PAO-1 1.0 FAR 80 26.4 - 26 26 399-111-06 2112 N BROADWAY 0.28 P PAO-1 1.0 FAR 80 22.4 - 22 22 399-111-08 2100 N BROADWAY 0.83 P PAO-1 1.0 FAR 80 66.4 - 66 66 399-111-09 2040 N BROADWAY 0.48 P PAO-1 1.0 FAR 80 38.4 - 38 38 399-111-10 2032 N BROADWAY 0.44 P PAO-1 1.0 FAR 80 35.2 - 35 35 399-111-26 2106 N BROADWAY 0.32 P PAO-1 1.0 FAR 80 25.6 - 25 25 City Council 30 - 48 12/17/2024 L M160M Lot Size acres Zon GP Land Use GP DensitV - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Downd&pacity Total Exempted AB 2011 to Remain Potential Rounded Units Down 399-121-03 1725 N COLLEGE AVE 4.28 C2 GC 0.5 FAR 80 342.4 - 342 342 399-121-16 1830 N BRISTOL ST 0.70 C2 GC 0.5 FAR 80 56.0 - 56 56 399-121-17 1810 N BRISTOL ST 0.66 C2 GC 0.5 FAR 80 52.8 - 52 52 399-121-18 1702 N BRISTOL ST 1.25 C2 GC 0.5 FAR 80 100.0 - 100 100 399-121-31 1311 W 17TH ST 6.50 C2 GC 0.5 FAR 80 520.0 - 520 520 399-121-33 1441 W 17TH ST 7.69 C2 GC 0.5 FAR 80 615.2 - 615 615 399-121-37 1421 W 17TH ST 1.28 C2 GC 0.5 FAR 80 102.4 - 102 102 399-121-38 1601 W 17TH ST 1.66 C2 GC 0.5 FAR 80 132.8 - 132 132 399-121-39 1545 W 17TH ST 1.80 C2 GC 0.5 FAR 80 144.0 - 144 144 399-121-40 1523 W 17TH ST 2.66 C2 GC 0.5 FAR 80 212.8 - 212 212 399-121-41 1501 W 17TH ST 0.65 C2 GC 0.5 FAR 80 52.0 - 52 52 399-121-42 1313 W 17TH ST 0.72 C2 GC 0.5 FAR 80 57.6 - 57 57 400-011-01 1950 E 17TH ST 0.80 C5 GC 0.5 FAR 30 24.0 - 24 24 400-011-02 1940 E 17TH ST 0.40 C5 GC 0.5 FAR 30 12.0 - 12 12 400-011-03 1920 E 17TH ST 0.78 C5 GC 0.5 FAR 30 23.4 - 23 23 400-011-14 1900 E 17TH ST 0.62 C5 GC 0.5 FAR 30 18.6 - 18 18 City Council 30 - 49 12/17/2024 0 Lot Size acres Zone GP Land Use GP Density - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 d&pacity to Remain Potential Rounded Units Down 400-011-18 1840 E 17TH ST 0.50 C5 GC 0.5 FAR 30 15.0 - 15 15 400-011-23 1850 E 17TH ST 0.45 C5 GC 0.5 FAR 30 13.5 - 13 13 400-011-25 1800 E 17TH ST 1.99 C5, R1 GC 0.5 FAR 60 119.4 - 119 119 400-012-03 1702 E 17TH ST 0.80 C5 GC 0.5 FAR 30 24.0 - 24 24 400-012-04 1750 17TH ST 0.80 C5 GC 0.5 FAR 30 24.0 - 24 24 400-012-05 1710 E 17TH ST 6.34 C5, R1 GC 0.5 FAR 60 380.4 - 380 380 400-121-06 2000 E 17TH ST 5.72 C1 GC 0.5 FAR 60 343.2 - 343 343 400-121-07 2100 E 17TH ST 0.76 C1 GC 0.5 FAR 30 22.8 - 22 22 400-121-08 2130 E 17TH ST 0.98 C1 GC 0.5 FAR 30 29.4 - 29 29 400-121-09 2250 E 17TH ST 1.40 C1 GC 0.5 FAR 60 84.0 - 84 84 400-121-10 2262 E 17TH ST 9.44 C1 GC 0.5 FAR 60 566.4 - 566 566 400-131-03 1450 N TUSTIN AVE 2.22 P PAO-1 1.0 FAR 60 133.2 - 133 133 400-131-04 1350 N TUSTIN AVE 1.58 P PAO-1 1.0 FAR 60 94.8 - 94 94 400-151-06 1100 N TUSTIN AVE 0.68 P PAO-1 1.0 FAR 30 20.4 - 20 20 400-152-02 1200 N TUSTIN AVE 2.72 P PAO-1 1.0 FAR 60 163.2 - 163 163 400-202-02 700 N TUSTIN AVE 1.18 P PAO-1 1.0 FAR 60 70.8 - 70 70 City Council 30 - 50 12/17/2024 Lot Size acres Zone GP Land Use GP DensitV - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 dWpacity to Remain Potential Rounded IntensitV Units Down 400-202-03 801 N TUSTIN AVE 1.72 P PAO-1 1.0 FAR 60 103.2 - 103 103 400-202-04 640 N TUSTIN AVE 1.36 P PAO-1 1.0 FAR 60 81.6 - 81 81 400-202-10 720 N TUSTIN AVE 1.27 P PAO-1 1.0 FAR 60 76.2 - 76 76 400-231-03 1301 E 15TH ST 0.17 C5 GC 0.5 FAR 30 5.1 - 5 5 400-232-14 1302 E 15TH ST 0.16 C5 LR-7 7.0 du/ac 80 12.8 1 12 11 400-242-01 1440 E 17TH ST 0.31 C5, R1 GC 0.5 FAR 30 9.3 - 9 9 400-242-02 1450 E 17TH ST 0.96 C5, R1 GC 0.5 FAR 30 28.8 - 28 28 400-251-01 1640 E 17TH ST 0.22 C5 GC 0.5 FAR 30 6.6 - 6 6 400-251-03 1638 E 17TH ST 0.49 C5 GC 0.5 FAR 30 14.7 - 14 14 400-251-04 1620 E 17TH ST 0.58 C5 GC 0.5 FAR 30 17.4 - 17 17 400-251-05 1618 E 17TH ST 0.49 C5 GC 0.5 FAR 30 14.7 - 14 14 400-251-06 1616 E 17TH ST 0.73 C5 GC 0.5 FAR 30 21.9 - 21 21 400-251-07 1570 E 17TH ST 0.73 C5 GC 0.5 FAR 30 21.9 - 21 21 405-251-01 1200 W 17TH ST 0.36 C1 PAO 0.5 FAR 80 28.8 - 28 28 405-251-02 1212 W 17TH ST 0.83 C1, R1 PAO 0.5 FAR 80 66.4 - 66 66 405-311-01 1142 W 17TH ST 0.12 C1 PAO 0.5 FAR 80 9.6 - 9 9 City Council 30 - 51 12/17/2024 Lot Size acres Zon GP Land Use a GP Density - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 pacity to Remain Potential Rounded Units Down 405-311-24 1138 W 17TH ST 0.12 C1 PAO 0.5 FAR 80 9.6 - 9 9 405-312-01 1621 N ROSEWOOD AVE 0.16 C1 PAO 0.5 FAR 80 12.8 - 12 12 405-312-29 1120 W 17TH ST 0.97 C1, R1 PAO 0.5 FAR 80 77.6 - 77 77 405-312-30 1108 W 17TH ST 0.71 C1, R1 PAO 0.5 FAR 80 56.8 - 56 56 405-312-31 1104 W 17TH ST 0.20 C1 PAO 0.5 FAR 80 16.0 - 16 16 405-312-32 1102 W 17TH ST 0.13 C1 PAO 0.5 FAR 80 10.4 - 10 10 405-312-34 1060 W 17TH ST 0.43 C1 PAO 0.5 FAR 80 34.4 - 34 34 405-312-54 1048 W 17TH ST 0.15 C1 PAO 0.5 FAR 80 12.0 - 12 12 405-313-01 1046 W 17TH ST 0.15 C1 PAO 0.5 FAR 80 12.0 - 12 12 405-321-01 1010 W 17TH ST 4.10 C1, R1 LR-7 7.0 du/ac 80 328.0 28 328 300 405-321-02 900 W 17TH ST 2.81 C5 GC 0.5 FAR 80 224.8 - 224 224 408-041-01 2720 W EDINGER AVE 0.43 C1 GC 0.5 FAR 80 34.4 - 34 34 408-041-02 2700 W EDINGER AVE 1.70 C1 GC 0.5 FAR 80 136.0 - 136 136 408-041-05 2600 W EDINGER AVE 0.07 C1 GC 0.5 FAR 80 5.6 - 5 5 408-261-12 1610 W EDINGER AVE 0.62 C5 LR-7 7.0 du/ac 80 49.6 4 49 45 408-271-08 1512 W EDINGER AVE 1.08 C5 GC 0.5 FAR 80 86.4 - 86 86 City Council 30 - 52 12/17/2024 IL Lot Size acres Zone GP Land GP DensitV - AB 2011 Base Density AB 2011 Capacity AB 2011 Potential Units - Rounded Down Total Exempted AB 2011 dMpacity to Remain Potential Rounded Use M Units Down 408-273-01 1506 W EDINGER AVE 0.57 C5 GC 0.5 FAR 80 45.6 - 45 45 408-273-08 1350 W EDINGER AVE 6.38 C4 GC 0.5 FAR 80 510.4 - 510 510 408-273-11 1308 W EDINGER AVE 2.39 C4 GC 0.5 FAR 80 191.2 - 191 191 408-273-13 1300 W EDINGER AVE 0.27 C4 GC 0.5 FAR 80 21.6 - 21 21 408-273-14 1312 W EDINGER AVE 0.93 C4 GC 0.5 FAR 80 74.4 - 74 74 408-283-34 1622 S BRISTOL ST 2.65 C5 GC 0.5 FAR 80 212.0 - 212 212 408-471-16 1431 W WARNER AVE 0.82 C2 GC 0.5 FAR 30 24.6 - 24 24 408-471-17 2120 S BRISTOL ST 10.06 C2 GC 0.5 FAR 60 603.8 - 603 603 408-471-18 2222 S BRISTOL ST 0.41 C2 GC 0.5 FAR 30 12.3 - 12 12 003-010-36 2515 N MAIN ST 1.56 P PAO 1.5 FAR 60 93.9 93 93 400-211-12 1551 N TUSTIN AVE 2.57 P PAO 7.5 FAR 60 154.2 154 154 QQ1 0 2 4. 131 1745 W 17TH -ST " C4 U -7 �-0 go 32-.8 -2 -3-2 39 00�-142 59 8479 -d FLOWER ST 3-38 -P PAO -1-.3 FAR $9 3i0.4 0 140 140 n1cvz6 134 Qv 60�1 € CENTRAL AVE 0-.09 C4 U;-�7 --0^ 30 2-7 0 -2 -2 016 35 43 2509 -S H AA IrrrcLLADAT Jr 04 C4 --t -.-Gf 30 0 3 '' ']9G�6 261 21 203 E- AVE- 1,4 42 1t^;l 7r S ���:Vp 7n toT. C3c 7n cA '� 9GTJ6 312 13 1701 - ��A�fNT n� tTCl�';c3TI N -ST -1-.2 211 tr G rWS € R n40 40 r�1 'n7'�Vf r0 0 n�ip7 49 otl 49 '�9G�6 312 14 1809 iV TUSTIN AVE- � TCO �t GG rt1rJ trJ € R 40 43.2 0 43 43 �96; row 2112 € SAINI TA CIEAIRA AVE- 04-6 �3 GG 0-.3 € R W i-3-.9 0 44 14 334 City Council 30 - 53 12/17/2024 �•DensitV GP DensitV - A: 2011 Base AB 2011 .. Potential Units — Rounded Down Exempted AB 2011 ty to Remain Potential Rounded Units Down OPPINFIFEM City Council 30 — 54 12/17/2024 Eligible Zones: C1, CI -MD, C2, C4, C5, CR, C-SM, P, SD-31, SD-48, SD-52, SD-54, SD-60 SD-64, SD-72, SD-78 SD-84 (except Government Center) SP 2 (except park) SP 3 (only the Bush Str. Professional Di! Broadway Corridor District) SP 4 Exemptions (does not qualify if..): * If used for mobile home parks * Owned by the City of Santa Ana * Abutting Industrial General Plan Ares * Abutting Existing Industrial Landuse ' Not abuting a commercial corridor (] Note: Abutting is assumed to be properti across the street, and diagonal for inters Map Legend Eligible Sites to Exempt VICY VVUI Il,*II JV — J.-! IG/ I I /GVG'T Map Date: 12/10/2024 No Net Loss Calculations Alternative Sites Pursuant to Government Code Section 65912.114(i)(3) (100 Percent Affordable) and 65912.124(i)(3) (Mixed -Income), the alternative sites identified on the alternative sites lists shall result in all of the following: (A) No net loss of the total potential residential capacity in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of this chapter and local law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision. (B) No net loss of the total potential residential capacity of housing affordable to lower income households in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of this chapter and local law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision. The Ordinance utilizes a multifaceted approach in achieving no net loss of total potential density in the jurisdiction by upzoning (i.e., increasing the permitted General Plan permitted density/intensity) certain parcels that are otherwise eligible for AB 2011 streamlining (Up -zoned Sites) and identifying alternative parcels that are not eligible for AB 2011 and designating them as eligible for AB 2011 streamlining and also upzoning them (Alternative Sites). A combination of the upzoned capacity on Up -zoned Sites and the capacity permitted on the Alternative Sites demonstrate that no net loss of the total potential residential density is achieved. Below, Table 1 and Table 1.5 provide summaries of the no net loss calculations, with Table 2 and Table 3 detailing the calculations on a site -by -site basis for Alternative Sites and Up -Zoned Sites (100 Percent Affordable), and Table 4 and Table 5 detailing the calculations on a site -by -site basis for the Alternative Sites and Up -Zoned Sites (Mixed -Income) on the following pages. Table 1(Affordable) Exempt, Alternative, and Upzoned Site Unit Capacities Total Total Total Lost Number Total Surplus Surplus p Potential/Exempted Potential Exem / p Total of Acreage Alternative Upzoned Capacity Surplus Parcels Capacity p y Capacity (Less Existing Capacity to Capacity Remain) Exempt Parcels 569 380.75 -- -- 10,932 -- Alternative 161 71.74 4,222 -- -- Sites Upzoned 286 271.27 -- 17,068 -- Sites TOTAL 4,222 17,068 10,932 10,358 City Council 30 — 56 12/17/2024 No Net Loss Calculations Table 1.5 (Mixed -Income) Exempt, Alternative, and Upzoned Site Unit Capacities Alternative Sites Total Total Lost Number Surplus Total Potential/Exempted Total Total Surplus of Alternative Capacity Surplus Parcels Acreage Capacity Upzoned (Less Existing Capacity Capacity Capacity to Remain) Exempt 281 244.99 -- -- 15,481 -- Parcels Alternative 320 139.96 9,648 -- -- Sites Upzoned 194 215.15 -- 7,064 -- Sites TOTAL 9,648 7,064 15,481 1,231 City Council 30 — 57 12/17/2024 No Net Loss Calculations TABLE 2 AB 2011 as Amended by AB 2243 — Affordable Alternative Sites Alternative Sites Lot Consolidation MAP ID APN Address Zone GP Designation GP Max. Density ens units acre Parcel Size acres AB 2011 Site Size jagesl Net Surplus Net Surplus Capacity (consolidated and Base Density Capacity (consolidated) rounded down) 10 70 005-184-01 919 N BROADWAY SP3 DC-1 90 0.17 30 1.26 113.4 113 71 005-184-02 915 N BROADWAY SP3 DC-1 90 0.17 30 72 005-184-03 843 N BROADWAY SP3 DC-1 90 0.14 30 73 005-184-04 839 N BROADWAY SP3 DC-1 90 0.15 30 77 005-184-14 900 N SYCAMORE ST SP3 DC-1 90 0.15 30 78 005-184-15 912 N SYCAMORE ST SP3 DC-1 90 0.15 30 82 005-184-29 900 N SYCAMORE ST SP3 DC-1 90 0.16 30 83 005-184-30 900 N SYCAMORE ST SP3 DC-1 90 0.17 30 20 76 005-184-10 801 N BROADWAY SP3 DC-1 90 0.32 30 0.96 86.4 86 79 005-184-25 209 W CIVIC CENTER DR SP3 DC-1 90 0.64 30 21 940 398-455-02 1318 E 3RD ST R2 UN-40 40 0.15 30 1.39 34.75 34 941 398-455-03 1322 E 3RD ST R2 UN-40 40 0.15 30 942 398-455-04 1324 E 3RD ST R2 UN-40 40 0.14 30 943 398-455-05 1328 E 3RD ST R2 UN-40 40 0.13 30 944 398-455-06 1334 E 3RD ST R2 UN-40 40 0.07 30 945 398-455-07 208 N M CCLAY ST R2 UN-40 40 0.07 30 946 398-455-08 1327 E 2ND ST R2 UN-40 40 0.13 30 947 398-455-09 1325 E 2ND ST R2 UN-40 40 0.13 30 948 398-455-10 1323 E 2ND ST R2 UN-40 40 0.14 30 949 398-455-11 1321 E 2ND ST R2 UN-40 40 0.28 30 30 74 005-184-07 817 N BROADWAY SP3 DC-1 90 0.17 30 0.66 59.4 59 75 005-184-08 811 N BROADWAY SP3 DC-1 90 0.49 30 City Council 30 — 58 12/17/2024 No Net Loss Calculations Alternative Sites Lot ConsolidationJAL MAP ID APN Address Zone GP Designation GP Max. Density (units/acrel Parcel Size Igggg AB 2011 Site Size acres Net Surplus Net Surplus Capacity (consolidated and Base Density Capacity (consolidated) rounded down) 31 953 398-456-04 1314 E 2ND ST R2 UN-40 40 0.14 30 0.82 32.8 32 954 398-456-05 1318 E 2ND ST R2 UN-40 40 0.14 30 955 398-456-06 1322 E 2ND ST R2 UN-40 40 0.14 30 956 398-456-07 1324 E 2ND ST R2 UN-40 40 0.14 30 957 398-456-08 1326 E 2ND ST R2 UN-40 40 0.13 30 958 398-456-09 1328 E 2ND ST R2 UN-40 40 0.13 30 40 84 005-185-27 902 N MAIN ST SP3 DC-1 90 0.28 30 2.09 188.1 188 86 005-185-34 921 N SYCAMORE ST SP3 DC-1 90 0.65 30 87 005-185-37 915 N SYCAMORE ST SP3 DC-1 90 1.16 30 41 1025 398-562-01 1200 N MAIN ST SP3 DC-1 90 1.55 30 1.61 144.9 144 1026 398-562-02 1104 N MAIN ST SP3 DC-1 90 0.06 30 50 88 007-161-02 1918 W 3RD ST R2 CR-30 30 0.13 30 1.46 21.9 21 89 007-161-03 1914 W 3RD ST R2 CR-30 30 0.13 30 90 007-161-04 1912 W 3RD ST R2 CR-30 30 0.13 30 91 007-161-05 1906 W 3RD ST R2 CR-30 30 0.14 30 92 007-161-06 1904 W 3RD ST R2 CR-30 30 0.14 30 93 007-161-07 209 N TOWNSEND ST R2 CR-30 30 0.05 30 94 007-161-08 1921 W 2ND ST R2 CR-30 30 0.08 30 95 007-161-09 1917 W 2ND ST R2 CR-30 30 0.13 30 96 007-161-10 1915 W 2ND ST R2 CR-30 30 0.13 30 97 007-161-11 1911 W 2ND ST R2 CR-30 30 0.14 30 98 007-161-12 1907 W 2ND ST R2 CR-30 30 0.13 30 99 007-161-13 1901 W 2ND ST R2 CR-30 30 0.13 30 51 1027 398-562-06 1104 N MAIN ST SP3 DC-1 90 0.67 30 2.55 229.5 229 City Council 30 - 59 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation MAP ID APN Address Zone GP Designation GP Max. Density (units/acrel Parcel Size Igggg AB 2011 Site Size acres Net Surplus Net Surplus Capacity (consolidated and Base Density Capacity (consolidated) rounded down) 1028 398-562-09 1000 N MAIN ST SP3 DC-1 90 0.38 30 1029 398-562-10 1010 N MAIN ST SP3 DC-1 90 1.50 30 60 105 007-163-02 1826 W 3RD ST R2 CR-30 30 0.14 30 2.46 36.9 36 106 007-163-03 1822 W 3RD ST R2 CR-30 30 0.14 30 107 007-163-04 1818 W 3RD ST R2 CR-30 30 0.13 30 108 007-163-05 1814 W 3RD ST R2 CR-30 30 0.13 30 109 007-163-07 1837 W 2ND ST R2 CR-30 30 0.15 30 110 007-163-08 1831 W 2ND ST R2 CR-30 30 0.14 30 111 007-163-10 1819 W 2ND ST R2 CR-30 30 0.13 30 112 007-163-11 1815 W 2ND ST R2 CR-30 30 0.13 30 113 007-163-12 1809 W 2ND ST R2 CR-30 30 0.13 30 114 007-163-13 1805 W 2ND ST R2 CR-30 30 0.13 30 115 007-163-14 1801 W 2ND ST R2 CR-30 30 0.15 30 116 007-163-15 1821 W 2ND ST R2 CR-30 30 0.13 30 117 007-163-16 1825 W 2ND ST R2 CR-30 30 0.13 30 118 007-163-17 1832 W 3RD ST R2 CR-30 30 0.14 30 119 007-163-18 1834 W 3RD ST R2 CR-30 30 0.15 30 120 007-163-19 1810 W 3RD ST R2 CR-30 30 0.13 30 121 007-163-21 1802 W 3RD ST R2 CR-30 30 0.15 30 122 007-163-22 1806 W 3RD ST R2 CR-30 30 0.13 30 70 100 007-162-01 1924 W 2ND ST R2 CR-30 30 0.28 30 0.84 12.6 12 101 007-162-03 1916 W 2ND ST R2 CR-30 30 0.14 30 102 007-162-04 1912 W 2ND ST R2 CR-30 30 0.11 30 103 007-162-05 1906 W 2ND ST R2 CR-30 30 0.17 30 104 007-162-06 1904 W 2ND ST R2 CR-30 30 0.14 30 City Council 30 — 60 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation MAP ID APN Address Zone GP Designation GP Max. Density (units/acrel Parcel Size Igggg AB 2011 Site Size acres Net Surplus Net Surplus Capacity (consolidated and Base Density Capacity (consolidated) rounded down) 80 123 007-164-01 1832 W 2ND ST R2 CR-30 30 0.29 30 0.57 8.55 8 124 007-164-02 1826 W 2ND ST R2 CR-30 30 0.14 30 125 007-164-03 1824 W 2ND ST R2 CR-30 30 0.14 30 90 128 007-183-01 1336 W SANTAANA BLVD R1 UN-30 30 0.15 30 0.75 17.25 17 129 007-183-02 1332 W SANTAANA BLVD R1 UN-30 30 0.15 30 130 007-183-03 1326 W SANTAANA BLVD R1 UN-30 30 0.15 30 131 007-183-04 1322 W SANTAANA BLVD R1 UN-30 30 0.15 30 132 007-183-05 1318 W SANTAANA BLVD R1 UN-30 30 0.15 30 91 1279 405-176-01 271 N RAITT ST R3 CR-30 30 0.52 30 2.34 35.1 35 1280 405-176-02 1726 W 3RD ST R2 CR-30 30 0.14 30 1281 405-176-03 1722 W 3RD ST R2 CR-30 30 0.14 30 1282 405-176-04 1722 W 3RD ST R2 CR-30 30 0.14 30 1283 405-176-05 1716 W 3RD ST R2 CR-30 30 0.14 30 1284 405-176-06 1716 W 3RD ST R2 CR-30 30 0.14 30 1285 405-176-07 1706 W 3RD ST R2 CR-30 30 0.14 30 1286 405-176-08 1702 W 3RD ST R2 CR-30 30 0.14 30 1287 405-176-09 1701 W 2ND ST R2 CR-30 30 0.14 30 1288 405-176-10 1705 W 2ND ST R2 CR-30 30 0.14 30 1289 405-176-11 1709 W 2ND ST R2 CR-30 30 0.14 30 1290 405-176-12 1715 W 2ND ST R2 CR-30 30 0.14 30 1291 405-176-13 1717 W 2ND ST R2 CR-30 30 0.14 30 1292 405-176-14 1721 W 2ND ST R2 CR-30 30 0.14 30 100 133 007-183-10 305 N HESPERIAN ST R2 UN-30 30 0.15 30 1.05 15.75 15 134 007-183-12 1323 W 3RD ST R2 UN-30 30 0.15 30 135 007-183-13 1319 W 3RD ST R2 UN-30 30 0.15 30 City Council 30 - 61 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation MAP ID APN Address Zone GP Designation GP Max. Density (units/acrel Parcel Size Igggg AB 2011 Site Size acres Net Surplus Net Surplus Capacity (consolidated and Base Density Capacity (consolidated) rounded down) 136 007-183-14 1315 W 3RD ST R2 UN-30 30 0.15 30 137 007-183-15 1305 W 3RD ST R2 UN-30 30 0.15 30 138 007-183-19 1331 W 3RD ST R2 UN-30 30 0.15 30 139 007-183-20 1325 W 3RD ST R2 UN-30 30 0.15 30 110 147 007-201-04 1718 W 2ND ST R2 CR-30 30 0.14 30 0.64 9.6 9 148 007-201-06 1706 W 2ND ST R2 CR-30 30 0.11 30 149 007-201-07 1702 W 2ND ST R2 CR-30 30 0.11 30 151 007-201-17 1716 W 2ND ST R2 CR-30 30 0.14 30 152 007-201-18 1712 W 2ND ST R2 CR-30 30 0.14 30 120 174 008-082-16 1235 W SANTAANA BLVD R2 UN-30 30 0.14 30 0.42 6.3 6 175 008-082-17 1233 W SANTAANA BLVD R2 UN-30 30 0.14 30 176 008-082-18 1231 W SANTAANA BLVD R2 UN-30 30 0.14 30 124 1339 412-031-03 3050 S BRISTOL ST R4 UN-30 30 5.64 30 5.64 84.6 84 130 183 008-091-01 315 N BRISTOL ST SP1 UN-30 30 0.27 30 1.92 57.6 57 184 008-091-02 1244 W SANTAANA BLVD SP1 UN-30 30 0.15 30 185 008-091-03 1240 W SANTAANA BLVD R2 UN-30 30 0.15 30 186 008-091-04 1236 W SANTAANA BLVD R2 UN-30 30 0.15 30 187 008-091-05 1230 W SANTAANA BLVD R2 UN-30 30 0.15 30 188 008-091-06 1226 W SANTAANA BLVD R2 UN-30 30 0.15 30 189 008-091-14 1247 W 3RD ST SP1 UN-30 30 0.15 30 190 008-091-15 1239 W 3RD ST SP1 UN-30 30 0.15 30 City Council 30 — 62 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation MAP ID APN Address Zone GP Designation GP Max. Density (units/acrel Parcel Size Igggg AB 2011 Site Size acres Net Surplus Net Surplus Capacity (consolidated and Base Density Capacity (consolidated) rounded down) 191 008-091-16 1237 W 3RD ST SP1 UN-30 30 0.15 30 192 008-091-17 1233 W 3RD ST SP1 UN-30 30 0.15 30 193 008-091-18 1229 W 3RD ST SP1 UN-30 30 0.15 30 194 008-091-19 1225 W 3RD ST R2 UN-30 30 0.15 30 140 342 011-154-20 206 S LYON ST R3 UN-40 40 0.28 30 2.84 113.6 113 343 011-154-21 210 S LYON ST R3 UN-40 40 0.26 30 344 011-154-22 214 S LYON ST R3 UN-40 40 0.37 30 345 011-154-23 220 S LYON ST R3 UN-40 40 0.32 30 346 011-154-24 224 S LYON ST R3 UN-40 40 0.72 30 347 011-154-25 310 S LYON ST R3 UN-40 40 0.65 30 348 011-154-33 318 S LYON ST R3 UN-40 40 0.24 30 174 20 002-210-48 2737 N MAINPLACE DR SP4 DC-2.1 90 4.48 30 10.93 983.70 983 22 002-221-30 2800 N MAIN ST SP4 DC-2.1 90 3.28 30 25 002-222-01 2800 N MAIN ST SP4 DC-2.1 90 3.17 30 190 555 398-015-01 817 N MAIN ST SP3 DC-1 90 0.13 30 1.37 123.3 123 556 398-015-02 813 N MAIN ST SP3 DC-1 90 0.13 30 557 398-015-03 809 N MAIN ST SP3 DC-1 90 0.13 30 558 398-015-04 801 N MAIN ST SP3 DC-1 90 0.98 30 200 564 398-022-10 1107 N MAIN ST SP3 DC-1 90 0.91 30 1.71 153.9 153 1359 398-022-12 1117 N MAIN ST SP3 DC-1 90 0.8 30 220 652 398-231-01 717 N MAIN ST SP3 DC-1 90 0.13 30 1.26 113.4 113 653 398-231-02 715 N MAIN ST SP3 DC-1 90 0.13 30 654 398-231-03 711 N MAIN ST SP3 DC-1 90 0.13 30 City Council 30 - 63 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation MAP ID APN Address Zone GP Designation GP Max. Density (units/acrel Parcel Size Igggg AB 2011 Site Size acres Net Surplus Net Surplus Capacity (consolidated and Base Density Capacity (consolidated) rounded down) 655 398-231-06 712 N BUSH ST SP3 DC-1 90 0.22 30 656 398-231-07 108 E 8TH ST SP3 DC-1 90 0.22 30 657 398-231-08 701 N MAIN ST SP3 DC-1 90 0.43 1 30 230 85 005-185-29 800 N MAIN ST SP3 DC-1 90 1.25 30 1.75 157.5 157 686 398-244-01 -- N SYCAMORE ST SP3 DC-1 90 0.2 30 687 398-244-02 710 N MAIN ST SP3 DC-1 90 0.3 30 240 889 398-384-09 302 N MCCLAY ST R2 UN-40 40 0.26 30 0.82 20.5 20 890 398-384-11 1315 E 3RD ST R2 UN-40 40 0.14 30 891 398-384-12 1313 E 3RD ST R2 UN-40 40 0.14 30 892 398-384-15 1319 E 3RD ST R2 UN-40 40 0.28 30 80 005-184-26 818 N SYCAMORE ST SP3 DC-1 90 0.87 30 0.87 78.3 78 81 005-184-27 825 N BROADWAY SP3 DC-1 90 0.81 30 0.81 72.9 72 153 007-201-28 1732 W 2ND ST R2 CR-30 30 0.12 30 0.12 1.8 1 340 011-154-01 1406 E 1ST ST C2 UN-40 40 0.49 30 0.49 19.6 19 352 011-154-43 1440 E 1ST ST SD89 UN-40 40 2.16 30 2.16 86.4 86 547 396-361-02 1300 E FAIRHAVEN AVE R4 UN-30 30 6.35 30 6.35 146.0 146 551 398-011-01 909 N MAIN ST SP3 DC-1 90 1.96 30 1.96 176.4 176 City Council 30 - 64 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation MAP ID APN Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Site Size 1acres Net Surplus Net Surplus Capacity (consolidated and Base Density Capacity (consolidated) AL rounded down) AIL 563 398-021-01 1201 N MAIN ST SP3 DC-1 90 0.76 30 0.76 68.4 68 1125 402-222-04 212 S ELK LN R3 DC-3 90 3.96 30 3.96 356.4 356 1347 430-221-14 2510 RED HILL AVE M1 DC-2 90 2.79 30 2.79 251.1 251 1394 005-185-30 888 N MAIN TOTAL ST SP3 DC-1 90 1.36 71.74 30 1.36 72 7122.4 122 4,222 City Council 30 — 65 12/17/2024 No Net Loss Calculations TABLE 3 AB 2011 as Amended by AB 2243 - Affordable Up -Zoned Sites Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (onlyrounded � �zJ oned capacity) down 6 665 398-235-01 615 N BUSH ST 0.82 SD84 DC-3 90 30 1.44 57.60 57 666 398-235-02 620 N SPURGEON ST 0.14 SD84 DC-3 90 30 667 398-235-03 600 N SPURGEON ST 0.14 SD84 DC-3 90 30 668 398-235-04 608 N SPURGEON ST 0.13 SD84 DC-3 90 30 669 398-235-05 N SPURGEON ST 0.21 SD84 DC-3 90 30 8 1030 398-591-06 N BROADWAY 0.17 SD84 DC-3 90 30 0.88 35.20 35 1031 398-591-07 N BROADWAY 0.23 SD84 DC-3 90 30 1032 398-591-08 315 3RD ST 0.09 SD84 DC-3 90 30 1033 398-591-09 329 W BIRCH ST 0.17 SD84 DC-3 90 30 1034 398-591-10 313 BIRCH ST 0.22 SD84 DC-3 90 30 18 1039 398-593-02 414 4TH ST 0.21 SD84 DC-3 90 30 0.64 25.60 25 1040 398-593-03 412 4TH ST 0.07 SD84 DC-3 90 30 1041 398-593-04 410 4TH ST 0.11 SD84 DC-3 90 30 1042 398-593-05 406 4TH ST 0.18 SD84 DC-3 90 30 1043 398-593-06 402 4TH ST 0.07 SD84 DC-3 90 30 21 939 398-455-01 1310 E 3RD ST 0.49 C2 UN-40 40 30 0.96 9.60 9 950 398-455-16 1315 E 2ND ST 0.47 C2 UN-40 40 30 28 1054 400-041-03 2103 E 4TH ST 2.98 P DC-3 90 30 5.95 357.00 357 1055 400-041-04 600 PARK CENTER DR 2.01 P DC-3 90 30 1056 400-041-05 550 PARK CENTER DR 0.96 P DC-3 90 30 31 951 398-456-02 1308 E 2ND ST 0.13 C2 UN-40 40 30 1.28 12.80 12 City Council 30 - 66 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only U uJ oned capacity) rounded down 952 398-456-03 1312 E 2ND ST 0.14 C2 UN-40 40 30 959 398-456-14 1315 E 1ST ST 0.19 C2 UN-40 40 30 960 398-456-15 1309 E 1ST ST 0.23 C2 UN-40 40 30 961 398-456-17 1325 E 1ST ST 0.54 C2 UN-40 40 30 962 398-456-19 119 N GRAND AVE 0.05 C2 UN-40 40 30 34 1481 410-301-10 1200 W MACARTHUR BLVD 0.42 CR, R1 DC-5 125 30 2.30 218.50 218 1480 410-301-11 3601 S BRISTOL ST 0.58 CR, R1 DC-5 125 30 1482 410-301-40 3611 S BRISTOL ST 0.49 CR, R1 DC-5 125 30 1483 410-301-41 3611 S BRISTOL ST 0.81 CR, R1 DC-5 125 30 38 1058 400-042-04 601 PARK CENTER DR 1.53 P DC-3 90 30 1.53 91.80 91 44 1440 410-301-15 3811 S BRISTOL ST 0.29 CR, R1 DC-5 125 30 11.41 1,083.95 1,083 1441 410-301-17 3925 S BRISTOL ST 0.41 CR, R1 DC-5 125 30 1442 410-301-18 3941 S BRISTOL ST 1.87 CR, R1 DC-5 125 30 1443 410-301-21 3929 S BRISTOL ST 0.75 CR, R1 DC-5 125 30 1444 410-301-33 3861 S BRISTOL ST 0.6 CR, R1 DC-5 125 30 1445 410-301-38 3911 S BRISTOL ST 0.58 CR, R1 DC-5 125 30 1446 410-301-39 3821 S BRISTOL ST 6.91 CR, R1 DC-5 125 30 46 684 398-243-02 600 N MAIN ST 0.99 SD84 DC-3 90 30 1.13 45.20 45 685 398-243-04 618 N MAIN ST 0.14 SD84 DC-3 90 30 48 1059 400-043-03 2201 E 4TH ST 0.72 P DC-3 90 30 2.40 144.00 144 1060 400-043-04 501 PARK CENTER DR 0.36 P DC-3 90 30 1061 400-043-06 555 PARK CENTER DR 1.32 P DC-3 90 30 54 1486 410-301-43 3701 S BRISTOL ST 2.95 CR, R1 DC-5 125 30 2.95 280.25 280 City Council 30 - 67 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only � �zJ oned capacity) rounded down 56 688 398-252-04 518 N BROADWAY 0.66 SD84 DC-3 90 30 3.60 144.00 144 689 398-252-05 301 W 5TH ST 1.24 SD84 DC-3 90 30 690 398-252-07 400 E SANTA ANA BLVD 1.7 SD84 DC-3 90 30 58 1063 400-051-02 1971 E 4TH ST 1.73 P DC-3 90 30 8.96 537.60 537 1067 400-051-09 1901 E 4TH ST 2.4 P DC-3 90 30 1069 400-051-14 515 N CABRILLO PARK DR 2.55 P DC-3 90 30 1070 400-051-15 525 N CABRILLO PARK DR 2.28 P DC-3 90 30 61 1076 400-062-01 1801 PARK COURT PL 0.69 P UN-40 40 30 3.00 30.00 30 1077 400-062-02 1801 PARK COURT PL 0.55 P UN-40 40 30 1078 400-062-03 1801 PARK COURT PL 0.48 P UN-40 40 30 1079 400-062-04 1801 PARK COURT PL 0.58 P UN-40 40 30 1080 400-062-05 1801 PARK COURT PL 0.7 P UN-40 40 30 66 692 398-254-01 515 N SYCAMORE ST 0.43 SD84 DC-3 90 30 0.67 26.80 26 693 398-254-02 505 N SYCAMORE ST 0.24 SD84 DC-3 90 30 68 1064 400-051-03 2001 E 4TH ST 1.16 P DC-3 90 30 3.47 208.20 208 1065 400-051-05 600 N GOLDEN CIRCLE DR 0.9 P DC-3 90 30 1109 400-051-12 550 N GOLDEN CIRCLE DR 0.95 P DC-3 90 30 1068 400-051-13 540 N GOLDEN CIRCLE DR 0.46 P DC-3 90 30 76 695 398-255-19 301 W 4TH ST 0.11 SD84 DC-3 90 30 0.28 11.20 11 696 398-255-20 305 W 4TH ST 0.06 SD84 DC-3 90 30 697 398-255-21 309 W 4TH ST 0.11 SD84 DC-3 90 30 77 915 398-431-21 1533 E 1ST ST 0.18 C2 UN-40 40 30 0.88 8.80 8 916 398-431-22 1529 E 1ST ST 0.25 C2 UN-40 40 30 City Council 30 - 68 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only U uJ oned capacity) rounded down 917 398-431-23 1525 E 1ST ST 0.45 C2,R2 UN-40 40 30 78 1066 400-051-06 601 N GOLDEN CIRCLE DR 1.65 P DC-3 90 30 3.48 208.80 208 1071 400-051-16 2021 E 4TH ST 1.83 P DC-3 90 30 86 699 398-257-01 415 N BROADWAY 0.29 SD84 DC-3 90 30 1.44 57.60 57 700 398-257-02 409 N BROADWAY 0.12 SD84 DC-3 90 30 701 398-257-03 223 W 4TH ST 0.05 SD84 DC-3 90 30 702 398-257-04 221 W 4TH ST 0.05 SD84 DC-3 90 30 703 398-257-05 219 W 4TH ST 0.05 SD84 DC-3 90 30 704 398-257-06 217 W 4TH ST 0.05 SD84 DC-3 90 30 705 398-257-07 215 W 4TH ST 0.05 SD84 DC-3 90 30 706 398-257-08 209 W 4TH ST 0.08 SD84 DC-3 90 30 707 398-257-09 203 W 4TH ST 0.35 SD84 DC-3 90 30 708 398-257-10 213 W 4TH ST 0.07 SD84 DC-3 90 30 709 398-257-11 416 N SYCAMORE ST 0.28 SD84 DC-3 90 30 87 922 398-441-28 1411 E 1ST ST 0.25 C2 UN-40 40 30 1.05 10.50 10 923 398-441-29 1411 E 1ST ST 0.08 C2 UN-40 40 30 924 398-441-30 1405 E 1ST ST 0.5 C2 UN-40 40 30 925 398-441-31 111 N MCCLAY ST 0.08 C2 UN-40 40 30 926 398-441-32 1403 E 1ST ST 0.14 C2 UN-40 40 30 88 1073 400-061-05 -- N CABRILLO PARK DR 1.32 P DC-3 90 30 7.47 448.20 448 1075 400-061-08 -- N CABRILLO PARK DR 6.15 P DC-3 90 30 93 902 398-391-19 501 N GRAND AVE 0.23 Cl DC-2 90 30 0.38 22.80 22 903 398-391-20 419 N GRAND AVE 0.15 Cl DC-2 90 30 City Council 30 - 69 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only � �zJ oned capacity) rounded down 96 710 398-258-01 120 W 5TH ST 0.27 SD84 DC-3 90 30 0.98 39.20 39 711 398-258-02 415 N SYCAMORE ST 0.14 SD84 DC-3 90 30 712 398-258-03 117 W 4TH ST 0.15 SD84 DC-3 90 30 713 398-258-04 117 W 4TH ST 0.02 SD84 DC-3 90 30 714 398-258-05 117 W 4TH ST 0.06 SD84 DC-3 90 30 715 398-258-08 117 W 4TH ST 0.11 SD84 DC-3 90 30 717 398-258-13 109 W 4TH ST 0.23 SD84 DC-3 90 30 98 1086 400-071-03 200 N CABRILLO PARK DR 2.79 SD54 DC-3 90 30 5.69 341.40 341 1087 400-071-07 1750 E 4TH ST 2.9 SD54 DC-3 90 30 106 718 398-264-01 117 W 4TH ST 0.1 SD84 DC-3 90 30 0.59 23.60 23 719 398-264-02 117 W 4TH ST 0.1 SD84 DC-3 90 30 720 398-264-03 117 W 4TH ST 0.05 SD84 DC-3 90 30 721 398-264-04 117 W 4TH ST 0.05 SD84 DC-3 90 30 722 398-264-05 117 W 4TH ST 0.06 SD84 DC-3 90 30 723 398-264-06 117 W 4TH ST 0.06 SD84 DC-3 90 30 724 398-264-07 117 W 4TH ST 0.17 SD84 DC-3 90 30 116 725 398-264-09 308 N MAIN ST 0.16 SD84 DC-3 90 30 0.30 12.00 12 726 398-264-10 300 N MAIN ST 0.14 SD84 DC-3 90 30 126 727 398-264-15 202 W 4TH ST 0.31 SD84 DC-3 90 30 0.57 22.80 22 728 398-264-16 214 W 4TH ST 0.12 SD84 DC-3 90 30 729 398-264-17 220 W 4TH ST 0.05 SD84 DC-3 90 30 730 398-264-18 325 N BROADWAY 0.09 SD84 DC-3 90 30 134 1411 412-131-10 1561 SUNFLOWER AVE 2.7 SD48 DC-5 125 30 17.21 1,634.95 1,634 City Council 30 - 70 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only � �zJ oned capacity) rounded down 1412 412-131-20 3951 S PLAZA DR 0.48 SD48 DC-5 125 30 1413 412-451-01 3811 BEAR ST 1.6 SD48 DC-5 125 30 1414 412-451-02 1661 W SUNFLOWER AVE 4.69 SD48 DC-5 125 30 1415 412-451-03 3851 S BEAR ST 7.35 SD48 DC-5 125 30 1416 412-451-04 1641 SUNFLOWER AVE 0.39 SD48 DC-5 125 30 136 731 398-267-01 227 N BROADWAY 0.14 SD84 DC-3 90 30 1.16 46.40 46 732 398-267-02 217 N BROADWAY 0.14 SD84 DC-3 90 30 733 398-267-03 225 N BROADWAY 0.39 SD84 DC-3 90 30 735 398-267-05 214 N SYCAMORE ST 0.08 SD84 DC-3 90 30 736 398-267-06 217 N BROADWAY 0.13 SD84 DC-3 90 30 737 398-267-09 214 N SYCAMORE ST 0.28 SD84 DC-3 90 30 138 31 003-113-22 2019 N MAIN ST 0.08 C1-MD DC-1.5 90 30 0.46 27.60 27 32 003-113-25 2015 N MAIN ST 0.15 C1-MD DC-1.5 90 30 33 003-113-26 2017 N MAIN ST 0.08 C1-MD DC-1.5 90 30 35 003-113-33 2021 N MAIN ST 0.15 C1-MD DC-1.5 90 30 144 1400 412-131-12 3730 S BRISTOL ST 0.15 C2 DC-5 125 30 41.13 3,907.35 3,907 1401 412-131-13 3700 S BRISTOL ST 0.42 C2 DC-5 125 30 1402 412-131-14 3600 S BRISTOL ST 0.33 C2 DC-5 125 30 1403 412-131-16 3606 S BRISTOL ST 0.2 C2 DC-5 125 30 1404 412-131-17 3610 S BRISTOL ST 20.28 C2 DC-5 125 30 1405 412-131-22 3900 S BRISTOL ST 17.17 C2 DC-5 125 30 1406 412-131-24 3810 S BRISTOL ST 0.57 C2 DC-5 125 30 1407 412-131-25 3820 S BRISTOL ST 0.7 C2 DC-5 125 30 City Council 30 - 71 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only � �zJ oned capacity) rounded down 1408 412-131-26 3814* S BRISTOL ST 1.31 C2 DC-5 125 30 145 580 398-101-06 1202 E STAFFORD ST 0.17 SD84 DC-5 125 30 1.50 52.50 52 581 398-101-07 1206 E STAFFORD ST 0.18 SD84 DC-5 125 30 582 398-101-08 1210 E STAFFORD ST 0.18 SD84 DC-5 125 30 583 398-101-13 1215 E FRUIT ST 0.17 SD84 DC-5 125 30 584 398-101-14 902 N GRAND AVE 0.8 SD84 DC-5 125 30 146 738 398-273-01 117 N BROADWAY 0.42 SD84 DC-3 90 30 0.57 22.80 22 739 398-273-03 102 N SYCAMORE ST 0.15 SD84 DC-3 90 30 148 36 003-141-23 1811 N BUSH ST 0.2 P DC-1.5 90 30 1.59 95.40 95 37 003-141-24 1809 N BUSH ST 0.19 P DC-1.5 90 30 38 003-141-25 1805 N BUSH ST 0.19 P DC-1.5 90 30 39 003-141-26 1801 N BUSH ST 0.21 P DC-1.5 90 30 40 003-141-27 1727 N BUSH ST 0.16 P DC-1.5 90 30 41 003-141-28 1721 N BUSH ST 0.16 P DC-1.5 90 30 42 003-141-29 1717 N BUSH ST 0.16 P DC-1.5 90 30 43 003-141-34 1711 N BUSH ST 0.16 C1 DC-1.5 90 30 44 003-141-35 1715 N BUSH ST 0.16 P DC-1.5 90 30 154 1475 412-141-10 3401 S PLAZA DR 0.83 C4 DC-2 90 30 3.91 234.60 234 1478 412-141-11 3420 S BRISTOL ST 0.93 C4 DC-2 90 30 1477 412-141-12 3430 S BRISTOL ST 1.32 C4 DC-2 90 30 1476 412-141-13 3500 S BRISTOL ST 0.83 C4 DC-2 90 30 156 740 398-274-01 117 N SYCAMORE ST 0.14 SD84 DC-3 90 30 0.54 21.60 21 741 398-274-02 115 N SYCAMORE ST 0.15 SD84 DC-3 90 30 City Council 30 - 72 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address AE- Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only � �zJ oned capacity) rounded down 742 398-274-04 112 N MAIN ST 0.25 SD84 DC-3 90 30 158 1417 003-142-01 112 E 20TH ST 0.19 C1-MD DC-1.5 90 30 1.44 86.40 86 1419 003-142-02 1910 N BUSH ST 0.24 P DC-1.5 90 30 1420 003-142-03 1904 N BUSH ST 0.16 P DC-1.5 90 30 1421 003-142-04 1900 N BUSH ST 0.16 P DC-1.5 90 30 45 003-142-05 1820 N BUSH ST 0.16 P DC-1.5 90 30 50 003-142-24 1800 N BUSH ST 0.53 P DC-1.5 90 30 168 46 003-142-17 1903 N MAIN ST 0.15 C1-MD DC-1.5 90 30 1.39 83.40 83 1418 003-142-18 1909 N MAIN ST 0.18 C1-MD DC-1.5 90 30 47 003-142-19 1905 N MAIN ST 0.18 C1-MD DC-1.5 90 30 48 003-142-22 1907 N MAIN ST 0.21 C1-MD DC-1.5 90 30 49 003-142-23 1807 N MAIN ST 0.67 C1-MD DC-1.5 90 30 174 21 002-221-28 2800 N MAIN ST 2.94 SP4 DC-2.1 90 30 41.59 2,495.37 2,495 23 002-221-51 2800 N MAIN ST 3.01 SP4 DC-2.1 90 30 24 002-221-52 2800 N MAIN ST 32.15955 SP4 DC-2.1 90 30 19 002-210-34 2700 N MAIN ST 3.48 C2 DC-1 90 30 178 51 003-143-04 1714 N BUSH ST 0.16 P DC-1.5 90 30 0.63 37.80 37 52 003-143-33 1722 N BUSH ST 0.47 P DC-1.5 90 30 184 349 011-154-37 1530 E 1ST ST 1.5 C5 UN-40 40 30 1.63 16.30 16 350 011-154-38 1600 E 1ST ST 0.13 C2 UN-40 40 30 188 1423 003-143-15 1725 N MAIN ST 0.31 C1-MD DC-1.5 90 30 0.49 29.40 29 1424 003-143-16 1719 N MAIN ST 0.15 C1-MD DC-1.5 90 30 1422 003-143-31 1701 N MAIN ST 0.03 C1-MD DC-1.5 90 30 City Council 30 - 73 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only � �zJ oned capacity) rounded down 206 792 398-321-01 517 N MAIN ST 0.31 SD84 DC-3 90 30 1.43 57.20 57 793 398-321-02 515 N MAIN ST 0.14 SD84 DC-3 90 30 794 398-321-03 505 N MAIN ST 0.15 SD84 DC-3 90 30 795 398-321-04 503 N MAIN ST 0.14 SD84 DC-3 90 30 796 398-321-05 117 E 5TH ST 0.29 SD84 DC-3 90 30 797 398-321-07 510 N BUSH ST 0.14 SD84 DC-3 90 30 798 398-321-08 520 N BUSH ST 0.26 SD84 DC-3 90 30 216 801 398-324-02 406 E 6TH ST 0.29 SD84 DC-3 90 30 1.42 56.80 56 802 398-324-03 410 E 6TH ST 0.14 SD84 DC-3 90 30 803 398-324-08 409 E 5TH ST 0.14 SD84 DC-3 90 30 804 398-324-09 405 E 5TH ST 0.14 SD84 DC-3 90 30 805 398-324-10 501 N FRENCH ST 0.14 SD84 DC-3 90 30 806 398-324-12 510 N MORTIMER ST 0.57 SD84 DC-3 90 30 226 809 398-327-06 217-* E 4TH ST 0.25 SD84 DC-3 90 30 1.21 48.40 48 810 398-327-07 0.2 SD84 DC-3 90 30 811 398-327-08 0.16 SD84 DC-3 90 30 812 398-327-09 201 E 4TH ST 0.6 SD84 DC-3 90 30 227 1365 398-501-01 102 E 4TH ST 0.04 SD84 DC-3 90 30 0.58 23.20 23 1373 398-501-02 104 E 4TH ST 0.07 SD84 DC-3 90 30 1372 398-501-03 106 E 4TH ST 0.06 SD84 DC-3 90 30 1371 398-501-04 108 E 4TH ST 0.11 SD84 DC-3 90 30 1370 398-501-05 112 E 4TH ST 0.06 SD84 DC-3 90 30 1369 398-501-06 114 E 4TH ST 0.06 SD84 DC-3 90 30 City Council 30 - 74 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only � �zJ oned capacity) rounded down 1368 398-501-07 116 E 4TH ST 0.06 SD84 DC-3 90 30 1367 398-501-08 118 E 4TH ST 0.06 SD84 DC-3 90 30 1366 398-501-09 120 E 4TH ST 0.06 SD84 DC-3 90 30 237 1364 398-501-11 308 N BUSH ST 0.14 SD84 DC-3 90 30 0.68 27.20 27 1363 398-501-12 302 N BUSH ST 0.14 SD84 DC-3 90 30 1361 398-501-13 301 N MAIN ST 0.23 SD84 DC-3 90 30 1362 398-501-14 309 N MAIN ST 0.17 SD84 DC-3 90 30 240 883 398-384-03 1314 E 4TH ST 0.14 P UN-40 40 30 1.12 11.20 11 884 398-384-04 1320 E 4TH ST 0.14 P UN-40 40 30 885 398-384-05 1328 E 4TH ST 0.14 P UN-40 40 30 886 398-384-06 1330 E 4TH ST 0.13 P UN-40 40 30 887 398-384-07 1332 E 4TH ST 0.13 P UN-40 40 30 888 398-384-08 1334 E 4TH ST 0.13 P UN-40 40 30 893 398-384-17 309 N GRAND AVE 0.31 C2 UN-40 40 30 247 1013 398-503-01 200 E 4TH ST 0.14 SD84 DC-3 90 30 1.26 50.40 50 1014 398-503-02 206 E 4TH ST 0.22 SD84 DC-3 90 30 1015 398-503-03 216 E 4TH ST 0.08 SD84 DC-3 90 30 1016 398-503-10 216 E 4TH ST 0.38 SD84 DC-3 90 30 1017 398-505-04 310 E 4TH ST 0.07 SD84 DC-3 90 30 1018 398-505-16 300 E 4TH ST 0.37 SD84 DC-3 90 30 254 661 398-234-01 631 N MAIN ST 0.26 SD84 DC-3 90 30 1.36 54.40 54 662 398-234-04 113 E SANTA ANA BLVD 0.28 SD84 DC-3 90 30 663 398-234-06 614 N BUSH ST 0.28 SD84 DC-3 90 30 City Council 30 - 75 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only U uJ oned capacity) rounded down 664 398-234-07 601 N MAIN ST 0.54 SD84 DC-3 90 30 256 1353 398-591-01 324 4TH ST 0.1 SD84 DC-3 90 30 0.63 25.20 25 1352 398-591-02 318 4TH ST 0.09 SD84 DC-3 90 30 1354 398-591-03 312 4TH ST 0.17 SD84 DC-3 90 30 1351 398-591-04 310 4TH ST 0.06 SD84 DC-3 90 30 1350 398-591-05 302 4TH ST 0.21 SD84 DC-3 90 30 339 011-154-06 1504 E 1ST ST 1.5 C2 UN-40 40 30 1.50 15.00 15 341 011-154-11 1610 E 1ST ST 1.19 C2 UN-40 40 30 1.19 11.90 11 351 011-154-42 1620 E 1ST ST 1.79 C2 UN-40 40 30 1.79 17.90 17 691 398-253-06 200 W SANTA ANA BLVD 1.42 SD84 DC-3 90 30 1.42 56.80 56 694 398-254-11 520 N MAIN ST 0.64 SD84 DC-3 90 30 0.64 25.60 25 698 398-255-30 302 W 5TH ST 0.18 SD84 DC-3 90 30 0.18 7.20 7 799 398-322-01 200 E SANTA ANA BLVD 1.44 SD84 DC-3 90 30 1.44 57.60 57 800 398-323-08 300 E SANTA ANA BLVD 1.43 SD84 DC-3 90 30 1.43 57.20 57 807 398-325-01 450 E 4TH ST 1.42 SD84 DC-3 90 30 1.42 56.80 56 808 398-326-10 300 E 4TH ST 0.48 SD84 DC-3 90 30 0.48 19.20 19 813 398-328-01 421 N MAIN ST 1.43 SD84 DC-3 90 30 1.43 57.20 57 908 398-421-27 1623 E 1ST ST 1.16 C2 UN-40 40 30 1.16 11.60 11 918 398-431-24 1519 E 1ST ST 1.36 C2, R2 UN-40 40 30 1.36 13.60 13 919 398-431-25 1503 E 1ST ST 1.07 C2, R2 UN-40 40 30 1.07 10.70 10 920 398-441-07 1427 E 1ST ST 1.93 C2 UN-40 40 30 1.93 19.30 19 921 398-441-08 1421 E 1ST ST 0.83 C2 UN-40 40 30 0.83 8.30 8 1019 398-507-08 400 E 4TH ST 0.34 SD84 DC-3 90 30 0.34 13.60 13 City Council 30 - 76 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only � �zJ oned capacity) rounded down 1035 398-592-07 204 N BROADWAY 0.28 SD84 DC-3 90 30 0.28 11.20 11 1036 398-592-08 116 N BROADWAY ST 0.18 SD84 DC-3 90 30 0.18 7.20 7 1037 398-592-09 322 W 3RD ST 0.31 SD84 DC-3 90 30 0.31 12.40 12 1038 398-593-01 450 4TH ST 1.06 SD84 DC-3 90 30 1.06 42.40 42 1044 398-601-03 200 N MAIN ST 0.29 SD84 DC-3 90 30 0.29 11.60 11 1045 398-601-04 201 N SYCAMORE ST 0.51 SD84 DC-3 90 30 0.51 20.40 20 1046 398-602-02 217 N MAIN ST 0.61 SD84 DC-3 90 30 0.61 24.40 24 1047 398-603-02 210 E 3RD ST 0.29 SD84 DC-3 90 30 0.29 11.60 11 1072 400-052-01 540 N GOLDEN CIRCLE DR 1.62 P DC-3 90 30 1.62 97.20 97 1088 400-081-03 1900 E 4TH ST 3.64 P DC-3 90 30 3.64 218.40 218 1089 400-081-04 2000 E 4TH ST 1.5 P DC-3 90 30 1.50 90.00 90 1090 400-081-05 250 N GOLDEN CIRCLE DR 1.1 C5 DC-3 90 30 1.10 66.00 66 1091 400-081-06 2001 E 1ST ST 1.42 C5 DC-3 90 30 1.42 85.20 85 1092 400-082-02 2030 E 4TH ST 1.83 P DC-3 90 30 1.83 109.80 109 1093 400-082-04 203 N GOLDEN CIRCLE DR 0.9 C5 DC-3 90 30 0.90 54.00 54 1094 400-082-05 2031 E 1ST ST 1.4 C5 DC-3 90 30 1.40 84.00 84 1095 400-091-01 2100 E 4TH ST 1.25 P DC-3 90 30 1.25 75.00 75 1096 400-091-04 2204 E 4TH ST 0.53 P DC-3 90 30 0.53 31.80 31 1098 400-091-16 2201 E 1ST ST 1 C1 DC-3 90 30 1.00 60.00 60 1099 400-091-17 2151 E 1ST ST 1.26 C1 DC-3 90 30 1.26 75.60 75 1100 400-091-18 2131 E 1ST ST 0.79 C1 DC-3 90 30 0.79 47.40 47 1101 400-091-19 2101 E 1ST ST 1.81 C1 DC-3 90 30 1.81 108.60 108 1102 400-091-22 2112 E 4TH ST 1.97 P DC-3 90 30 1.97 118.20 118 City Council 30 - 77 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN Address Parcel Size (acres) Zone GP Designation GP Density AB 2011 Base Density Site Size Surplus Net Surplus Net Site Capacity Site Capacity (only � �zJ oned capacity) rounded down 1103 400-091-23 2130 E 4TH ST 2.64 P DC-3 90 30 2.64 158.40 158 1111 402-181-04 2207 E 1ST ST 1.28 C2 DC-3 90 30 1.28 76.80 76 1114 402-191-01 2114 E 1ST ST 2.78 C2 DC-3 90 30 2.78 166.80 166 1115 402-191-02 2020 E 1ST ST 1.2 C2 DC-3 90 30 1.20 72.00 72 1116 402-191-03 2020 E 1ST ST 3.72 C2 DC-3 90 30 3.72 223.20 223 1117 402-191-04 2110 E 1ST ST 2.92 C2 DC-3 90 30 2.92 175.20 175 1118 402-201-05 1900 E 1ST ST 5.78 C5 DC-3 90 30 5.78 346.80 346 1119 402-201-13 2010 E 1ST ST 1.79 C2 DC-3 90 30 1.79 107.40 107 1124 402-222-01 1660 E 1ST ST 2.43 C2 DC-3 90 30 2.43 145.80 145 18 002-163-31 1810 N MAIN ST 0.49 C1-MD DC-1.5 90 30 0.49 29.40 29 30 003-113-11 111 E 20TH ST 0.17 P DC-1.5 90 30 0.17 10.20 10 34 003-113-29 2005 N MAIN ST 0.31 C1-MD DC-1.5 90 30 0.31 18 TOTAL �18.60 17,068 City Council 30 - 78 12/17/2024 No Net Loss Calculations TABLE 4 AB 2011 as Amended by AB 2243 — Mixed -Income Alternative Sites Alternative Sites Lot Consolidation Map ID APN Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 534 398-235-03 600 N SPURGEON ST SD84 DC-3 90 0.14 80 6 535 398-235-04 608 N SPURGEON ST SD84 DC-3 90 0.13 80 19.2 19 536 398-235-05 SD84 DC-3 90 0.21 80 703 398-334-01 702 E 6TH ST SD84 UN-30 30 0.14 80 704 398-334-02 706 E 6TH ST SD84 UN-30 30 0.14 80 7 705 398-334-05 720 E 6TH ST SD84 UN-30 30 0.43 80 84.4 84 706 398-334-07 701 E 5TH ST SD84 UN-30 30 0.72 80 867 398-591-08 315 3RD ST SD84 DC-3 90 0.09 80 8 868 398-591-09 329 W BIRCH ST SD84 DC-3 90 0.17 80 19.2 19 869 398-591-10 313 BIRCH ST SD84 DC-3 90 0.22 80 63 005-184-01 919 N BROADWAY SP3 DC-1 90 0.17 80 64 005-184-02 915 N BROADWAY SP3 DC-1 90 0.17 80 65 005-184-03 843 N BROADWAY SP3 DC-1 90 0.14 80 66 005-184-04 839 N BROADWAY SP3 DC-1 90 0.15 80 10 70 005-184-14 900 N SYCAMORE ST SP3 DC-1 90 0.15 80 113.4 113 71 005-184-15 912 N SYCAMORE ST SP3 DC-1 90 0.15 80 75 005-184-29 900 N SYCAMORE ST SP3 DC-1 90 0.16 80 76 005-184-30 900 N SYCAMORE ST SP3 DC-1 90 0.17 80 707 398-337-01 702 E 5TH ST SD84 UN-30 30 0.14 80 17 708 398-337-02 708 E 5TH ST SD84 UN-30 30 0.14 80 35 35 City Council 30 — 79 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address A Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Base Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down ALI -.01 Site 709 398-337-03 712 E 5TH ST SD84 UN-30 30 0.14 80 710 398-337-04 716 E 5TH ST SD84 UN-30 30 0.14 80 711 398-337-05 416 N LACY ST SD84 UN-30 30 0.14 80 879 398-593-07 310 N BIRCH ST SD84 DC-3 90 0.43 80 18 880 398-593-08 310 N BIRCH ST SD84 DC-3 90 0.22 80 26 26 69 005-184-10 801 N BROADWAY SP3 DC-1 90 0.32 80 20 72 005-184-25 209 W CIVIC CENTER DR SP3 DC-1 90 0.64 80 86.4 86 818 398-455-01 1310 E 3RD ST C2 UN-40 40 0.49 80 819 398-455-02 1318 E 3RD ST R2 UN-40 40 0.15 80 820 398-455-03 1322 E 3RD ST R2 UN-40 40 0.15 80 821 398-455-04 1324 E 3RD ST R2 UN-40 40 0.14 80 822 398-455-05 1328 E 3RD ST R2 UN-40 40 0.13 80 823 398-455-06 1334 E 3RD ST R2 UN-40 40 0.07 80 21 824 398-455-07 208 N M CCLAY ST R2 UN-40 40 0.07 80 167.15 167 825 398-455-08 1327 E 2ND ST R2 UN-40 40 0.13 80 826 398-455-09 1325 E 2ND ST R2 UN-40 40 0.13 80 827 398-455-10 1323 E 2ND ST R2 UN-40 40 0.14 80 828 398-455-11 1321 E 2ND ST R2 UN-40 40 0.28 80 829 398-455-16 1315 E 2ND ST C2 UN-40 40 0.47 80 541 398-237-01 625 N FRENCH ST SD84 UN-30 30 0.44 80 26 542 398-237-02 615 N FRENCH ST SD84 UN-30 30 0.13 80 67.5 67 543 398-237-03 714 M ORTIMER ST SD84 UN-30 30 0.06 80 City Council 30-80 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 544 398-237-04 710 MORTIMER ST SD84 UN-30 30 0.20 80 545 398-237-05 401 E 6TH ST SD84 UN-30 30 0.52 80 712 398-338-01 602 E 5TH ST SD84 UN-30 30 0.09 80 27 713 398-338-09 409 N MINTER ST SD84 UN-30 30 0.06 80 7.5 7 895 400-041-04 600 PARK CENTER DR P DC-3 90 2.01 60 28 896 400-041-05 550 PARK CENTER DR P DC-3 90 0.96 30 267.3 267 67 005-184-07 817 N BROADWAY SP3 DC-1 90 0.17 80 30 68 005-184-08 811 N BROADWAY SP3 DC-1 90 0.49 80 59.4 59 830 398-456-02 1308 E 2ND ST C2 UN-40 40 0.13 80 831 398-456-03 1312 E 2ND ST C2 UN-40 40 0.14 80 832 398-456-04 1314 E 2ND ST R2 UN-40 40 0.14 80 833 398-456-05 1318 E 2ND ST R2 UN-40 40 0.14 80 31 834 398-456-06 1322 E 2ND ST R2 UN-40 40 0.14 80 91.2 91 835 398-456-07 1324 E 2ND ST R2 UN-40 40 0.14 80 836 398-456-08 1326 E 2ND ST R2 UN-40 40 0.13 80 837 398-456-09 1328 E 2ND ST R2 UN-40 40 0.13 80 841 398-456-19 119 N GRAND AVE C2 UN-40 40 0.05 80 727 398-371-15 601 N EASTWOOD AVE SD84 UN-30 30 0.19 80 728 398-371-16 609 N EASTWOOD AVE SD84 UN-30 30 0.14 80 37 729 398-371-17 615 N EASTWOOD AVE SD84 UN-30 30 0.14 80 127.5 127 730 398-371-18 617 N EASTWOOD AVE SD84 UN-30 30 0.14 80 City Council 30 — 81 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 731 398-371-19 621 N EASTWOOD AVE SD84 UN-30 30 0.14 80 732 398-371-20 623 N EASTWOOD AVE SD84 UN-30 30 0.14 80 733 398-371-21 629 N EASTWOOD AVE SD84 UN-30 30 0.14 80 734 398-371-22 703 N EASTWOOD AVE SD84 UN-30 30 0.14 80 735 398-371-23 707 N EASTWOOD AVE SD84 UN-30 30 0.14 80 736 398-371-24 711 N EASTWOOD AVE SD84 UN-30 30 0.14 80 737 398-371-25 715 N EASTWOOD AVE SD84 UN-30 30 0.15 80 738 398-371-26 717 N EASTWOOD AVE SD84 UN-30 30 0.13 80 739 398-371-27 721 N EASTWOOD AVE SD84 UN-30 30 0.14 80 740 398-371-28 725 N EASTWOOD AVE SD84 UN-30 30 0.14 80 741 398-371-29 731 N EASTWOOD AVE SD84 UN-30 30 0.14 80 742 398-371-30 735 N EASTWOOD AVE SD84 UN-30 30 0.14 80 743 398-371-31 739 N EASTWOOD AVE SD84 UN-30 30 0.14 80 744 398-371-32 1214 E FRUIT ST SD84 UN-30 30 0.12 80 38 898 400-042-04 601 PARK CENTER DR P DC-3 90 1.53 60 137.7 137 77 005-185-27 902 N MAIN ST SP3 DC-1 90 0.28 80 40 79 005-185-34 921 N SYCAMORE ST SP3 DC-1 90 0.65 80 188.1 188 80 005-185-37 915 N SYCAMORE ST SP3 DC-1 90 1.16 80 860 398-562-01 1200 N MAIN ST SP3 DC-1 90 1.55 80 41 861 398-562-02 SP3 DC-1 90 0.06 80 144.9 144 518 398-221-24 600 W SANTA ANA BLVD P UN-30 30 1.67 80 43 519 398-221-26 520 W SANTA ANA BLVD P UN-30 30 0.23 80 176.8 176 City Council 30 — 82 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address ;L Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 520 398-221-27 311 N VAN NESS ST P UN-30 30 0.21 80 521 398-221-28 520 W 4TH ST P UN-30 30 0.10 80 750 398-372-04 511 N EASTWOOD AVE SD84 UN-30 30 0.14 80 751 398-372-05 515 N EASTWOOD AVE SD84 UN-30 30 0.14 80 752 398-372-06 519 N EASTWOOD AVE SD84 UN-30 30 0.14 80 47 753 398-372-07 1202 E 6TH ST SD84 UN-30 30 0.14 80 49.5 49 754 398-383-01 507 N EASTWOOD AVE SD84 UN-30 30 0.14 80 755 398-383-02 501 N EASTWOOD AVE SD84 UN-30 30 0.14 80 756 398-383-03 419 N EASTWOOD AVE SD84 UN-30 30 0.15 80 900 400-043-04 501 PARK CENTER DR P DC-3 90 0.36 30 48 901 400-043-06 555 PARK CENTER DR P DC-3 90 1.32 60 151.2 151 81 007-161-02 1918 W 3RD ST R2 CR-30 30 0.13 80 82 007-161-03 1914 W 3RD ST R2 CR-30 30 0.13 80 83 007-161-04 1912 W 3RD ST R2 CR-30 30 0.13 80 84 007-161-05 1906 W 3RD ST R2 CR-30 30 0.14 80 85 007-161-06 1904 W 3RD ST R2 CR-30 30 0.14 80 50 86 007-161-07 209 N TOWNSEND ST R2 CR-30 30 0.05 80 94.9 94 87 007-161-08 1921 W 2ND ST R2 CR-30 30 0.08 80 88 007-161-09 1917 W 2ND ST R2 CR-30 30 0.13 80 89 007-161-10 1915 W 2ND ST R2 CR-30 30 0.13 80 90 007-161-11 1911 W 2ND ST R2 CR-30 30 0.14 80 91 007-161-12 1907 W 2ND ST R2 CR-30 30 0.13 80 City Council 30 — 83 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 92 007-161-13 1901 W 2ND ST R2 CR-30 30 0.13 80 862 398-562-06 1104 N MAIN ST SP3 DC-1 90 0.67 80 51 863 398-562-09 1000 N MAIN ST SP3 DC-1 90 0.38 80 229.5 229 864 398-562-10 1010 N MAIN ST SP3 DC-1 90 1.50 80 56 559 398-252-07 400 E SANTA ANA BLVD SD84 DC-3 90 1.70 80 68 68 775 398-385-06 1219 E 3RD ST SD84 UN-40 40 0.15 80 57 776 398-385-07 1215 E 3RD ST SD84 UN-40 40 0.15 80 17.6 17 777 398-385-08 1211 E 3RD ST SD84 UN-40 40 0.14 80 98 007-163-02 1826 W 3RD ST R2 CR-30 30 0.14 80 99 007-163-03 1822 W 3RD ST R2 CR-30 30 0.14 80 100 007-163-04 1818 W 3RD ST R2 CR-30 30 0.13 80 101 007-163-05 1814 W 3RD ST R2 CR-30 30 0.13 80 102 007-163-07 1837 W 2ND ST R2 CR-30 30 0.15 80 103 007-163-08 1831 W 2ND ST R2 CR-30 30 0.14 80 104 007-163-10 1819 W 2ND ST R2 CR-30 30 0.13 80 60 105 007-163-11 1815 W 2ND ST R2 CR-30 30 0.13 80 159.9 159 106 007-163-12 1809 W 2ND ST R2 CR-30 30 0.13 80 107 007-163-13 1805 W 2ND ST R2 CR-30 30 0.13 80 108 007-163-14 1801 W 2ND ST R2 CR-30 30 0.15 80 109 007-163-15 1821 W 2ND ST R2 CR-30 30 0.13 80 110 007-163-16 1825 W 2ND ST R2 CR-30 30 0.13 80 111 007-163-17 1832 W 3RD ST R2 CR-30 30 0.14 80 City Council 30 — 84 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN - Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 112 007-163-18 1834 W 3RD ST R2 CR-30 30 0.15 80 113 007-163-19 1810 W 3RD ST R2 CR-30 30 0.13 80 114 007-163-21 1802 W 3RD ST R2 CR-30 30 0.15 80 115 007-163-22 1806 W 3RD ST R2 CR-30 30 0.13 80 61 918 400-062-03 1801 PARK COURT PL P UN-40 40 0.48 30 19.2 19 64 1080 410-401-05 1212 W CENTRAL AVE C2 UN-30 30 0.34 30 10.2 10 561 398-254-01 515 N SYCAMORE ST SD84 DC-3 90 0.43 80 66 562 398-254-02 505 N SYCAMORE ST SD84 DC-3 90 0.24 80 26.8 26 778 398-386-07 1119 E 3RD ST SD84 UN-30 30 0.11 80 67 779 398-386-08 1115 E 3RD ST SD84 UN-30 30 0.14 80 12.5 12 905 400-051-05 600 N GOLDEN CIRCLE DR P DC-3 90 0.90 30 68 949 400-051-12 550 N GOLDEN CIRCLE DR P DC-3 90 0.95 30 207.9 207 908 400-051-13 540 N GOLDEN CIRCLE DR P DC-3 90 0.46 30 93 007-162-01 1924 W 2ND ST R2 CR-30 30 0.28 80 94 007-162-03 1916 W 2ND ST R2 CR-30 30 0.14 80 70 95 007-162-04 1912 W 2ND ST R2 CR-30 30 0.11 80 54.6 54 96 007-162-05 1906 W 2ND ST R2 CR-30 30 0.17 80 97 007-162-06 1904 W 2ND ST R2 CR-30 30 0.14 80 74 1090 410-411-21 1216 W HEMLOCK WAY C2 UN-30 30 2.10 30 63.0 62 78 906 400-051-06 601 N GOLDEN CIRCLE DR P DC-3 90 1.65 60 148.5 148 116 007-164-01 1832 W 2ND ST R2 CR-30 30 0.29 80 80 117 007-164-02 1826 W 2ND ST R2 CR-30 30 0.14 80 37.05 37 City Council 30 - 85 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 118 007-164-03 1824 W 2ND ST R2 CR-30 30 0.14 80 86 578 398-257-11 416 N SYCAMORE ST SD84 DC-3 90 0.28 80 11.2 11 87 803 398-441-31 111 N MCCLAY ST C2 UN-40 40 0.08 30 3.2 3 121 007-183-01 1336 W SANTAANA BLVD R1 UN-30 30 0.15 80 122 007-183-02 1332 W SANTAANA BLVD R1 UN-30 30 0.15 80 90 123 007-183-03 1326 W SANTAANA BLVD R1 UN-30 30 0.15 80 54.75 54 124 007-183-04 1322 W SANTAANA BLVD R1 UN-30 30 0.15 80 125 007-183-05 1318 W SANTAANA BLVD R1 UN-30 30 0.15 80 1050 405-176-01 271 N RAFT ST R3 CR-30 30 0.52 80 1051 405-176-02 1726 W 3RD ST R2 CR-30 30 0.14 80 1052 405-176-03 1722 W 3RD ST R2 CR-30 30 0.14 80 1053 405-176-04 1722 3RD ST R2 CR-30 30 0.14 80 1054 405-176-05 1716 W 3RD ST R2 CR-30 30 0.14 80 1055 405-176-06 1716 W 3RD ST R2 CR-30 30 0.14 80 1056 405-176-07 1706 W 3RD ST R2 CR-30 30 0.14 80 91 1057 405-176-08 1702 W 3RD ST R2 CR-30 30 0.14 80 141.7 141 1058 405-176-09 1701 W 2ND ST R2 CR-30 30 0.14 80 1059 405-176-10 1705 W 2ND ST R2 CR-30 30 0.14 80 1060 405-176-11 1709 W 2ND ST R2 CR-30 30 0.14 80 1061 405-176-12 1715 W 2ND ST R2 CR-30 30 0.14 80 1062 405-176-13 1717 W 2ND ST R2 CR-30 30 0.14 80 1063 405-176-14 1721 W 2ND ST R2 CR-30 30 0.14 80 City Council 30 — 86 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 1094 410-421-04 1155 W CENTRAL AVE C2 UN-30 30 1.52 60 94 1095 410-421-05 1125 W CENTRAL AVE C2 UN-30 30 1.90 60 205.2 205 579 398-258-01 120 W 5TH ST SD84 DC-3 90 0.27 80 580 398-258-02 415 N SYCAMORE ST SD84 DC-3 90 0.14 80 96 586 398-258-10 SD84 DC-3 90 0.09 80 28 28 587 398-258-11 SD84 DC-3 90 0.20 80 805 398-451-04 1116 E 3RD ST SD84 UN-30 30 0.14 80 97 806 398-451-06 212 N HATHAWAY ST SD84 UN-30 30 0.11 80 12.5 12 126 007-183-10 305 N HESPERIAN ST R2 UN-30 30 0.15 80 127 007-183-12 1323 W 3RD ST R2 UN-30 30 0.15 80 128 007-183-13 1319 W 3RD ST R2 UN-30 30 0.15 80 100 129 007-183-14 1315 W 3RD ST R2 UN-30 30 0.15 80 68.25 68 130 007-183-15 1305 W 3RD ST R2 UN-30 30 0.15 80 131 007-183-19 1331 W 3RD ST R2 UN-30 30 0.15 80 132 007-183-20 1325 W 3RD ST R2 UN-30 30 0.15 80 807 398-453-02 SD84 UN-30 30 0.06 80 808 398-453-03 1208 E 3RD ST SD84 UN-30 30 0.14 80 809 398-453-04 1210 E 3RD ST SD84 UN-30 30 0.14 80 107 810 398-453-05 1214 E 3RD ST SD84 UN-40 40 0.14 80 66.8 66 811 398-453-06 202 N GRAND AVE SD84 UN-40 40 0.54 80 812 398-453-07 1215 E 2ND ST SD84 UN-40 40 0.14 80 813 398-453-08 1209 E 2ND ST SD84 UN-30 30 0.14 80 City Council 30 — 87 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address aft Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 814 398-453-09 1207 E 2ND ST SD84 UN-30 30 0.14 80 815 398-453-10 209 N HATHAWAY ST SD84 UN-30 30 0.06 80 137 007-201-04 1718 W 2ND ST R2 CR-30 30 0.14 80 138 007-201-06 1706 W 2ND ST R2 CR-30 30 0.11 80 110 139 007-201-07 1702 W 2ND ST R2 CR-30 30 0.11 80 41.6 41 141 007-201-17 1716 W 2ND ST R2 CR-30 30 0.14 80 142 007-201-18 1712 W 2ND ST R2 CR-30 30 0.14 80 816 398-454-03 1208 E 2ND ST SD84 UN-30 30 0.14 80 117 817 398-454-14 1221 E 1ST ST SD84 UN-40 40 0.43 80 24.2 24 162 008-082-16 1235 W SANTA ANA BLVD R2 UN-30 30 0.14 80 120 163 008-082-17 1233 W SANTA ANA BLVD R2 UN-30 30 0.14 80 27.3 27 164 008-082-18 1231 W SANTA ANA BLVD R2 UN-30 30 0.14 80 124 1105 412-031-03 3050 S BRISTOL ST R4 UN-30 30 5.64 80 366.6 366 171 008-091-01 315 N BRISTOL ST SP1 UN-30 30 0.27 80 172 008-091-02 1244 W SANTA ANA BLVD SP1 UN-30 30 0.15 80 173 008-091-03 1240 W SANTA ANA BLVD R2 UN-30 30 0.15 80 174 008-091-04 1236 W SANTA ANA BLVD R2 UN-30 30 0.15 80 130 175 008-091-05 1230 W SANTA ANA BLVD R2 UN-30 30 0.15 80 142.35 142 176 008-091-06 1226 W SANTA ANA BLVD R2 UN-30 30 0.15 80 177 008-091-14 1247 W 3RD ST SP1 UN-30 30 0.15 80 178 008-091-15 1239 W 3RD ST SP1 UN-30 30 0.15 80 City Council 30 — 88 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 179 008-091-16 1237 W 3RD ST SP1 UN-30 30 0.15 80 180 008-091-17 1233 W 3RD ST SP1 UN-30 30 0.15 80 181 008-091-18 1229 W 3RD ST SP1 UN-30 30 0.15 80 182 008-091-19 1225 W 3RD ST R2 UN-30 30 0.15 80 609 398-267-05 SD84 DC-3 90 0.08 80 136 610 398-267-06 SD84 DC-3 90 0.13 80 19.6 19 611 398-267-09 214 N SYCAMORE ST SD84 DC-3 90 0.28 80 281 011-154-20 206 S LYON ST R3 UN-40 40 0.28 30 282 011-154-21 210 S LYON ST R3 UN-40 40 0.26 30 283 011-154-22 214 S LYON ST R3 UN-40 40 0.37 30 140 284 011-154-23 220 S LYON ST R3 UN-40 40 0.32 30 85.2 85 285 011-154-24 224 S LYON ST R3 UN-40 40 0.72 30 286 011-154-25 310 S LYON ST R3 UN-40 40 0.65 30 287 011-154-33 318 S LYON ST R3 UN-40 40 0.24 30 145 504 398-101-13 1215 E FRUIT ST SD84 DC-5 125 0.17 80 5.95 5 154 1231 412-141-10 3401 S PLAZA DR C4 DC-2 90 0.83 80 74.7 74 615 398-274-01 117 N SYCAMORE ST SD84 DC-3 90 0.14 80 156 616 398-274-02 115 N SYCAMORE ST SD84 DC-3 90 0.15 80 11.6 11 642 398-301-12 710 N LACY ST SD84 UN-30 30 0.09 80 166 643 398-301-13 714 N LACY ST SD84 UN-30 30 0.18 80 41 41 City Council 30 — 89 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN - Address ;L Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Base Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 644 398-301-16 724 N LACY ST SD84 UN-30 30 0.18 80 646 398-301-20 718 N LACY ST SD84 UN-30 30 0.37 80 19 002-210-48 2737 N MAINPLACE DR SP4 DC-2.1 90 4.48 60 20 002-221-28 2800 N MAIN ST SP4 DC-2.1 90 2.94 60 174 21 002-221-30 SP4 DC-2.1 90 3.28 60 1519.2 1519 22 002-221-51 2800 N MAIN ST SP4 DC-2.1 90 3.01 60 24 002-222-01 2800 N MAIN ST SP4 DC-2.1 90 3.17 60 649 398-302-02 717 LACY ST SD84 UN-30 30 0.08 80 176 653 398-302-14 LACY SD84 UN-30 30 0.35 80 21.5 21 475 398-015-01 817 N MAIN ST SP3 DC-1 90 0.13 80 476 398-015-02 813 N MAIN ST SP3 DC-1 90 0.13 80 190 477 398-015-03 809 N MAIN ST SP3 DC-1 90 0.13 80 123.3 123 478 398-015-04 801 N MAIN ST SP3 DC-1 90 0.98 80 196 658 398-311-05 607 E 6TH ST SD84 UN-30 30 0.11 80 5.5 5 481 398-022-10 1107 N MAIN ST SP3 DC-1 90 0.91 80 200 1124 398-022-12 1117 N MAIN ST SP3 DC-1 90 0.80 80 153.9 153 670 398-321-05 117 E 5TH ST SD84 DC-3 90 0.29 80 206 671 398-321-07 510 N BUSH ST SD84 DC-3 90 0.14 80 27.6 27 672 398-321-08 520 N BUSH ST SD84 DC-3 90 0.26 80 675 398-324-02 406 E 6TH ST SD84 DC-3 90 0.29 80 216 676 398-324-03 410 E 6TH ST SD84 DC-3 90 0.14 80 56.8 56 City Council 30-90 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 677 398-324-08 409 E 5TH ST SD84 DC-3 90 0.14 80 678 398-324-09 405 E 5TH ST SD84 DC-3 90 0.14 80 679 398-324-10 501 N FRENCH ST SD84 DC-3 90 0.14 80 680 398-324-12 510 N MORTIMER ST SD84 DC-3 90 0.57 80 522 398-231-01 717 N MAIN ST SP3 DC-1 90 0.13 80 523 398-231-02 715 N MAIN ST SP3 DC-1 90 0.13 80 524 398-231-03 711 N MAIN ST SP3 DC-1 90 0.13 80 220 525 398-231-06 N BUSH ST SP3 DC-1 90 0.22 80 113.4 113 526 398-231-07 108 E 8TH ST SP3 DC-1 90 0.22 80 527 398-231-08 701 N MAIN ST SP3 DC-1 90 0.43 80 454 396-161-02 1800 N GRAND AVE C4 UN-30 30 0.76 30 222 455 396-161-03 1750 N GRAND AVE C4 UN-30 30 0.55 30 44.1 44 457 396-161-08 1818 N GRAND AVE C4 UN-30 30 0.16 30 685 398-327-01 SD84 DC-3 90 0.22 80 226 687 398-327-07 SD84 DC-3 90 0.20 80 23.2 23 688 398-327-08 SD84 DC-3 90 0.16 80 78 005-185-29 800 N MAIN ST SP3 DC-1 90 1.25 80 230 555 398-244-01 SP3 DC-1 90 0.20 80 157.5 157 556 398-244-02 710 N MAIN ST SP3 DC-1 90 0.30 80 1130 398-501-10 314 N BUSH ST SD84 DC-3 90 0.11 80 237 1129 398-501-11 308 N BUSH ST SD84 DC-3 90 0.14 80 15.6 15 1128 398-501-12 302 N BUSH ST SD84 DC-3 90 0.14 80 City Council 30 — 91 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 767 398-384-09 302 N MCCLAY ST R2 UN-40 40 0.26 80 768 398-384-11 1315 E 3RD ST R2 UN-40 40 0.14 80 240 769 398-384-12 1313 E 3RD ST R2 UN-40 40 0.14 80 53.3 53 770 398-384-15 1319 E 3RD ST R2 UN-40 40 0.28 80 693 398-332-04 520 E 6TH ST SD84 UN-30 30 0.14 80 694 398-332-05 519 E 5TH ST SD84 UN-30 30 0.14 80 246 695 398-332-06 515 E 5TH ST SD84 UN-30 30 0.14 80 71 71 696 398-332-10 502 E 6TH ST SD84 UN-30 30 0.57 80 697 398-332-11 505 E 5TH ST SD84 UN-30 30 0.43 80 254 529 398-234-04 113 E SANTA ANA BLVD SD84 DC-3 90 0.28 80 11.2 11 698 398-333-02 610 E 6TH ST SD84 UN-30 30 0.14 80 699 398-333-07 609 E 5TH ST SD84 UN-30 30 0.14 80 255 700 398-333-10 512 N PORTER ST SD84 UN-30 30 0.43 80 71.5 71 701 398-333-11 601 E 5TH ST SD84 UN-30 30 0.43 80 702 398-333-12 621 E 5TH ST SD84 UN-30 30 0.29 80 74 005-184-27 825 N BROADWAY SP3 DC-1 90 0.81 80 72.9 72 1160 005-185-30 888 N MAIN ST SP3 DC-1 90 1.36 80 122.4 122 133 007-183-25 1306 W SANTA ANA BLVD C2, SP1 UN-30 30 0.64 80 51.2 51 140 007-201-14 110 N WESTERN AVE C2,R2 CR-30 30 0.14 80 11.2 11 143 007-201-28 1732 W 2ND ST R2 CR-30 30 0.12 80 7.8 7 City Council 30 — 92 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN - Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 279 011-154-10 1406 E 1ST ST R1 UN-40 40 0.49 30 14.7 14 291 011-154-43 1440 E 1ST ST SD89 UN-40 40 2.16 40 86.4 86 469 396-361-02 1300 E FAIRHAVEN AVE R4 UN-30 30 6.35 60 336.5 336 473 398-011-01 909 N MAIN ST SP3 DC-1 90 1.96 80 176.4 176 480 398-021-01 1201 N MAIN ST SP3 DC-1 90 0.76 80 68.4 68 665 398-315-01 902 BROWN ST SD84 UN-30 30 0.10 80 5.0 5 673 398-322-01 507 N BUSH ST SD84 DC-3 90 1.44 80 57.6 57 674 398-323-08 300 E SANTA ANA BLVD SD84 DC-3 90 1.43 80 57.2 57 684 398-326-11 SD84 DC-3 90 0.69 80 27.6 27 852 398-503-11 SD84 DC-3 90 0.81 80 72.9 72 872 398-592-09 322 W 3RD ST SD84 DC-3 90 0.31 80 12.4 12 883 398-601-04 201 N SYCAMORE ST SD84 DC-3 90 0.51 80 20.4 20 885 398-603-02 210 E 3RD ST SD84 DC-3 90 0.29 80 11.6 11 912 400-052-01 540 N GOLDEN CIRCLE DR P DC-3 90 1.62 60 145.8 145 930 400-081-05 250 N GOLDEN CIRCLE DR C5 DC-3 90 1.10 60 99 99 933 400-082-04 203 N GOLDEN CIRCLE DR C5 DC-3 90 0.90 30 81 81 957 402-191-04 2110 E 1ST ST C2 DC-3 90 2.92 60 262.8 262 965 402-222-04 212 S ELK LN R3 DC-3 90 3.96 60 356.4 356 City Council 30 - 93 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map ID APN — Address Zone GP Designation GP Max. Density units acre Parcel Size acres AB 2011 Base Densi Surplus Net Surplus Net Site Capacity Site Capacity (Consolidated Rounded down Site 1083 410-401-09 1209 W HEMLOCK WAY C2 UN-30 30 1.38 30 41.4 41 1111 412-191-06 1331 W CENTRAL AVE C4 UN-30 30 2.85 60 171.0 170 1113 430-221-14 2510 RED HILL AVE TOTAL M1 DC-2 90 2.79 60 251.1 251 9,648 City Council 30 — 94 12/17/2024 No Net Loss Calculations TABLE 5 AB 2011 as Amended by AB 2243 - Mixed -Income Up -Zoned Sites Alternative Sites Lot Consolidation Map APN - Add 615 N BUSH ST ZONE GP Designation Lot Size Igg@51 0.82 GP pgngtf AB 2011 Site Size Surplus Net Site Surplus Net Site Capacity Base Density CapacitV ID onl u zp oned SD84 rounded DC-3 90 80 down capacity) 532 398-235-01 6 533 398-235-02 620 N SPURGEON ST SD84 DC-3 0.14 90 80 0.96 9.60 9 865 398-591-06 N BROADWAY SD84 DC-3 0.17 90 80 8 866 398-591-07 N BROADWAY SD84 DC-3 0.23 90 80 0.40 4.00 4 874 398-593-02 414 4TH ST SD84 DC-3 0.21 90 80 875 398-593-03 412 4TH ST SD84 DC-3 0.07 90 80 18 876 398-593-04 410 4TH ST SD84 DC-3 0.11 90 80 0.64 6.40 6 877 398-593-05 406 4TH ST SD84 DC-3 0.18 90 80 878 398-593-06 402 4TH ST SD84 DC-3 0.07 90 80 28 894 400-041-03 2103 E 4TH ST P DC-3 2.98 90 60 2.98 89.40 89 1237 410-301-10 1200 W MACARTHUR BLVD CR,R1 DC-5 0.42 125 80 1236 410-301-11 3601 S BRISTOL ST CR,R1 DC-5 0.58 125 1 80 34 1238 410-301-40 3611 S BRISTOL ST CR, R1 DC-5 0.49 125 80 2.30 103.50 103 1239 410-301-41 3611 S BRISTOL ST CR,R1 DC-5 0.81 125 80 1198 410-301-14 3801 S BRISTOL ST CR,R1 DC-5 0.38 125 80 1199 410-301-15 3811 S BRISTOL ST CR,R1 DC-5 0.29 125 80 1200 410-301-17 3925 S BRISTOL ST CR,R1 DC-5 0.41 125 80 1201 410-301-18 3941 S BRISTOL ST CR,R1 DC-5 1.87 125 80 44 1202 410-301-21 3929 S BRISTOL ST CR,R1 DC-5 0.75 125 80 11.79 530.55 530 1203 410-301-33 3861 S BRISTOL ST CR,R1 DC-5 0.60 125 80 1204 410-301-38 3911 S BRISTOL ST CR,R1 DC-5 0.58 125 80 1205 410-301-39 3821 S BRISTOL ST CR,R1 DC-5 6.91 125 80 46 552 398-243-01 615 N SYCAMORE ST SD84 DC-3 0.28 90 80 City Council 30 - 95 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map APN - dd ZONE GP Designation Lot Size acres GP Densi AB 2011 Site Size Surplus Net Site Surplus Net Site Capacity Base Density CapacitV ID onl u zp oned rounded down capacity) 553 398-243-02 600 N MAIN ST SD84 DC-3 0.99 90 80 554 398-243-04 618 N MAIN ST SD84 DC-3 0.14 90 80 1.41 14.10 14 48 899 400-043-03 2201 E 4TH ST P DC-3 0.72 90 30 0.72 43.20 43 54 1242 410-301-43 3701 S BRISTOL ST CR,R1 DC-5 2.95 125 80 2.95 132.75 132 56 557 398-252-04 518 N BROADWAY SD84 DC-3 0.66 90 80 1.90 19.00 19 558 398-252-05 301 W 5TH ST SD84 DC-3 1.24 90 80 903 400-051-02 1971 E 4TH ST P DC-3 1.73 90 60 907 400-051-09 1901 E 4TH ST P DC-3 2.40 90 60 4.13 123.90 123 58 909 400-051-14 515 N CABRILLO PARK DR P DC-3 2.55 90 40 910 400-051-15 525 N CABRILLO PARK DR P DC-3 2.28 90 40 4.83 241.50 241 916 400-062-01 1801 PARK COURT PL P UN-40 0.69 40 30 61 917 400-062-02 1801 PARK COURT PL P UN-40 0.55 40 30 1.24 12.40 12 68 904 400-051-03 2001 E 4TH ST P DC-3 1.16 90 60 1.16 34.80 34 564 398-255-19 301 W 4TH ST SD84 DC-3 0.11 90 80 76 565 398-255-20 305 W 4TH ST SD84 DC-3 0.06 90 80 0.28 2.80 2 566 398-255-21 309 W 4TH ST SD84 DC-3 0.11 90 80 793 398-431-21 1533 E 1ST ST C2 UN-40 0.18 40 30 77 794 398-431-22 1529 E 1ST ST C2 UN-40 0.25 40 30 0.88 8.80 8 795 398-431-23 1525 E 1ST ST C2,112 UN-40 0.45 40 30 78 911 400-051-16 2021 E 4TH ST P DC-3 1.83 90 60 1.83 54.90 54 City Council 30 - 96 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map APN - ddress L ZONE GP Designation Lot Size acres GP Densi AB 2011 Site Size Surplus Net Site Surplus Net Site Capacity Base Density CapacitV ID onl uponed rounded I down capacity) 568 398-257-01 415 N BROADWAY SD84 DC-3 0.29 90 80 569 398-257-02 409 N BROADWAY SD84 DC-3 0.12 90 80 1.16 11.60 11 570 398-257-03 223 W 4TH ST SD84 DC-3 0.05 90 80 571 398-257-04 221 W 4TH ST SD84 DC-3 0.05 90 80 572 398-257-05 219 W 4TH ST SD84 DC-3 0.05 90 80 86 573 398-257-06 217 W 4TH ST SD84 DC-3 0.05 90 80 574 398-257-07 215 W 4TH ST SD84 DC-3 0.05 90 80 575 398-257-08 209 W 4TH ST SD84 DC-3 0.08 90 80 576 398-257-09 203 W 4TH ST SD84 DC-3 0.35 90 80 577 398-257-10 213 W 4TH ST SD84 DC-3 0.07 90 80 800 398-441-28 1411 E 1ST ST C2 UN-40 0.25 40 30 801 398-441-29 1411 E 1ST ST C2 UN-40 0.08 40 30 87 802 398-441-30 1405 E 1ST ST C2 UN-40 0.50 40 30 0.97 9.70 9 804 398-441-32 1403 E 1ST ST C2 UN-40 0.14 40 30 913 400-061-05 P DC-3 1.32 90 60 1.32 39.60 39 88 915 400-061-08 P DC-3 6.15 90 40 6.15 307.50 307 780 398-391-19 501 N GRAND AVE C1 DC-2 0.23 90 80 93 781 398-391-20 419 N GRAND AVE C1 DC-2 0.15 90 80 0.38 3.80 3 581 398-258-03 117 W 4TH ST SD84 DC-3 0.15 90 80 582 398-258-04 117 W 4TH ST SD84 DC-3 0.02 90 80 583 398-258-05 117 W 4TH ST SD84 DC-3 0.06 90 80 96 584 398-258-08 117 W 4TH ST SD84 DC-3 0.11 90 80 0.92 9.20 9 585 398-258-09 410 N MAIN ST SD84 DC-3 0.05 90 80 588 398-258-12 420 N MAIN ST SD84 DC-3 0.30 90 80 City Council 30 - 97 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map APN - Wdd ZONE GP Designation Lot Size IAcres GP Densi AB 2011 Site Size Surplus Net Site Surplus Net Site Capacity Base Density CapacitV ID onl u zp oned rounded down acit ca 589 398-258-13 109 W 4TH ST SD84 DC-3 0.23 90 80 98 927 400-071-07 1750 E 4TH ST SD54 DC-3 2.90 90 60 2.90 87.00 87 590 398-264-01 117 W 4TH ST SD84 DC-3 0.10 90 80 591 398-264-02 117 W 4TH ST SD84 DC-3 0.10 90 80 592 398-264-03 117 W 4TH ST SD84 DC-3 0.05 90 80 106 593 398-264-04 117 W 4TH ST SD84 DC-3 0.05 90 80 0.59 5.90 5 594 398-264-05 117 W 4TH ST SD84 DC-3 0.06 90 80 595 398-264-06 117 W 4TH ST SD84 DC-3 0.06 90 80 596 398-264-07 117 W 4TH ST SD84 DC-3 0.17 90 80 597 398-264-09 308 N MAIN ST SD84 DC-3 0.16 90 80 598 398-264-10 300 N MAIN ST SD84 DC-3 0.14 90 80 116 599 398-264-13 201 W 3RD ST SD84 DC-3 1.41 90 80 1.80 18.00 18 600 398-264-14 SD84 DC-3 0.09 90 80 601 398-264-15 202 W 4TH ST SD84 DC-3 0.31 90 80 602 398-264-16 214 W 4TH ST SD84 DC-3 0.12 90 80 0.57 5.70 5 126 603 398-264-17 220 W 4TH ST SD84 DC-3 0.05 90 80 604 398-264-18 325 N BROADWAY SD84 DC-3 0.09 90 80 1175 412-131-10 1561 SUNFLOWER AVE SD48 DC-5 2.70 125 80 1176 412-131-20 3951 S PLAZA DR SD48 DC-5 0.48 125 80 1177 412-451-01 3811 BEAR ST SD48 DC-5 1.60 125 80 134 1178 412-451-02 1661 W SUNFLOWER AVE SD48 DC-5 4.69 125 80 17.21 774.45 774 1179 412-451-03 3851 S BEAR ST SD48 DC-5 7.35 125 80 1180 412-451-04 1641 SUNFLOWER AVE SD48 DC-5 0.39 125 80 7136 605 398-267-01 227 N BROADWAY SD84 DC-3 0.14 90 80 606 398-267-02 217 N BROADWAY SD84 DC-3 0.14 90 80 0.67 6.70 6 City Council 30 - 98 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map APN - Address ZONE GP Designation Lot Size IAcres GP Densi AB 2011 Site Size Surplus Net Site Surplus Net Site Capacity Base Density CapacitV ID onl u zp oned rounded down capacity) 607 398-267-03 225 N BROADWAY SD84 DC-3 0.39 90 80 29 003-113-22 2019 N MAIN ST C1- MD DC-1.5 0.08 90 80 30 003-113-25 2015 N MAIN ST C1- MD DC-1.5 0.15 90 80 138 31 003-113-26 2017 N MAIN ST C1- MD DC-1.5 0.08 90 1 80 0.46 4.60 4 33 003-113-33 2021 1 N MAIN ST C1- MD DC-1.5 0.15 90 80 1166 412-131-12 3730 S BRISTOL ST C2 DC-5 0.15 125 1167 412-131-13 3700 S BRISTOL ST C2 DC-5 0.42 125 180 1168 412-131-14 3600 S BRISTOL ST C2 DC-5 0.33 125 1169 412-131-16 3606 S BRISTOL ST C2 DC-5 0.20 125 144 1170 412-131-17 3610 S BRISTOL ST C2 DC-5 20.28 125 80 41.13 1,850.85 1,850 1171 412-131-22 3900 S BRISTOL ST C2 DC-5 17.17 125 80 1172 412-131-24 3810 S BRISTOL ST C2 DC-5 0.57 125 80 1173 412-131-25 3820 S BRISTOL ST C2 DC-5 0.70 125 80 1174 412-131-26 3814* S BRISTOL ST C2 DC-5 1.31 125 80 612 398-273-01 117 N BROADWAY SD84 DC-3 0.42 90 80 1.00 10.00 10 146 613 398-273-03 102 N SYCAMORE ST SD84 DC-3 0.15 90 80 614 398-273-04 222 W 2ND ST SD84 DC-3 0.43 90 80 1234 412-141-11 3420 S BRISTOL ST C4 DC-2 0.93 90 80 154 1233 412-141-12 3430 S BRISTOL ST C4 DC-2 1.32 90 80 3.08 30.80 30 1232 412-141-13 3500 S BRISTOL ST C4 DC-2 0.83 90 80 City Council 30 - 99 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map APN - ddress ZONE GP Designation Lot Size Igg@51 GP Densi AB 2011 Site Size Surplus Net Site Surplus Net Site Capacity Base Density CapacitV ID onl u zp oned rounded down capacity) 156 617 398-274-04 112 N MAIN ST SD84 DC-3 0.25 90 80 0.25 2.50 2 158 1181 003-142-01 112 E 20TH ST C1- MD DC-1.5 0.19 90 80 0.19 1.90 1 C1- 34 003-142-17 1903 N MAIN ST MD DC-1.5 0.15 90 80 C1- 1182 003-142-18 1909 N MAIN ST MD DC-1.5 0.18 90 80 168 35 003-142-19 1905 N MAIN ST C1- MD DC-1.5 0.18 90 80 1.39 13.90 13 C1- 36 003-142-22 1907 N MAIN ST MD DC-1.5 0.21 90 80 C1- 37 003-142-23 1807 N MAIN ST MD DC-1.5 0.67 90 80 18 002-210-34 2700 N MAIN ST C2 DC-1 3.48 90 60 174 23 002-221-52 2800 N MAIN ST SP4 DC-2.1 32.16 90 60 35.64 1,069.19 1,069 184 289 011-154-38 1600 E 1ST ST C2 UN-40 0.13 40 30 0.13 1.30 1 C1- 1184 003-143-15 1725 N MAIN ST MD DC-1.5 0.31 90 80 188 1185 003-143-16 1719 N MAIN ST C1- MD DC-1.5 0.15 90 80 0.49 4.90 4 C1- 1183 003-143-31 1701 N MAIN ST MD DC-1.5 0.03 90 80 666 398-321-01 517 N MAIN ST SD84 DC-3 0.31 90 80 206 667 398-321-02 515 N MAIN ST SD84 DC-3 0.14 90 80 0.74 7.40 7 668 398-321-03 505 N MAIN ST SD84 DC-3 0.15 90 80 City Council 30 - 100 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation MapGP - APNAkd 398-321-04 503 N MAIN ST ZONE Designation Lot Size acres GP Densi AB 2011 Site Size Surplus Net Site Surplus Net Site Capacity Base Density CapacitV ID onl u zp oned rounded down ca acit 669 SD84 DC-3 0.14 90 80 686 398-327-06 217-* E 4TH ST SD84 DC-3 0.25 90 80 226 689 398-327-09 201 E 4TH ST SD84 DC-3 0.60 90 80 0.85 8.50 8 1131 398-501-01 102 E 4TH ST SD84 DC-3 0.04 90 80 1139 398-501-02 104 E 4TH ST SD84 DC-3 0.07 90 80 1138 398-501-03 106 E 4TH ST SD84 DC-3 0.06 90 80 1137 398-501-04 108 E 4TH ST SD84 DC-3 0.11 90 80 227 1136 398-501-05 112 E 4TH ST SD84 DC-3 0.06 90 80 0.58 5.80 5 1135 398-501-06 114 E 4TH ST SD84 DC-3 0.06 90 80 1134 398-501-07 116 E 4TH ST SD84 DC-3 0.06 90 80 1133 398-501-08 118 E 4TH ST SD84 DC-3 0.06 90 80 1132 398-501-09 120 E 4TH ST SD84 DC-3 0.06 90 80 1126 398-501-13 301 N MAIN ST SD84 DC-3 0.23 90 80 237 1127 398-501-14 309 N MAIN ST SD84 DC-3 0.17 90 80 0.40 4.00 4 848 398-503-01 200 E 4TH ST SD84 DC-3 0.14 90 80 849 398-503-02 206 E 4TH ST SD84 DC-3 0.22 90 80 850 398-503-03 216 E 4TH ST SD84 DC-3 0.08 90 80 247 851 398-503-10 216 E 4TH ST SD84 DC-3 0.38 90 80 1.26 12.60 12 853 398-505-04 310 E 4TH ST SD84 DC-3 0.07 90 80 854 398-505-16 300 E 4TH ST SD84 DC-3 0.37 90 80 528 398-234-01 631 N MAIN ST SD84 DC-3 0.26 90 80 254 530 398-234-06 614 N BUSH ST SD84 DC-3 0.28 90 80 1.08 10.80 10 531 398-234-07 601 N MAIN ST SD84 DC-3 0.54 90 80 1118 398-591-01 324 4TH ST SD84 DC-3 0.10 90 80 256 1117 398-591-02 318 4TH ST SD84 DC-3 0.09 90 80 0.63 6.30 6 City Council 30 - 101 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation MapGP APN - 398-591-03 dd L 312 4TH ST ZONE Designation Lot Size Igg@51 GP Densi AB 2011 Site Size Surplus Net Site Surplus Net Site Capacity Base Density CapacitV ID onl u zp oned rounded down ca acit 1119 SD84 DC-3 0.17 90 80 1116 398-591-04 310 4TH ST SD84 DC-3 0.06 90 80 1115 398-591-05 302 4TH ST SD84 DC-3 0.21 90 80 682 398-326-08 325 E 4TH ST SD84 DC-3 0.20 90 80 259 683 398-326-10 300 E 4TH ST SD84 DC-3 0.48 90 80 0.68 6.80 6 17 002-163-31 1810 N MAIN ST C1- MD DC-1.5 0.49 90 80 0.49 4.90 4 32 003-113-29 2005 N MAIN ST C1- MD DC-1.5 0.31 90 80 0.31 3.10 3 560 398-253-06 200 W SANTA ANA BLVD SD84 DC-3 1.42 1 90 80 1.42 14.20 14 563 398-254-11 520 N MAIN ST SD84 DC-3 0.64 90 80 0.64 6.40 6 567 398-255-30 302 W 5TH ST SD84 DC-3 0.18 90 80 0.18 1.80 1 681 398-325-01 450 E 4TH ST SD84 DC-3 1.42 90 80 1.42 14.20 14 690 398-328-01 421 N MAIN ST SD84 DC-3 1.43 90 80 1.43 14.30 14 799 398-441-08 1421 E 1ST ST C2 UN-40 0.83 40 30 0.83 8.30 8 855 398-507-08 400 E 4TH ST SD84 DC-3 0.34 90 80 0.34 3.40 3 870 398-592-07 204 N BROADWAY SD84 DC-3 0.28 90 80 0.28 2.80 2 871 398-592-08 116 N BROADWAY ST SD84 DC-3 0.18 90 80 0.18 1.80 1 City Council 30 - 102 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map APN - Address ZONE GP Designation Lot Size IAcres GP Densi AB 2011 Site Size Surplus Net Site Surplus Net Site Capacity Base Density CapacitV ID onl u zp oned rounded JIL down capacity) 873 398-593-01 450 4TH ST SD84 DC-3 1.06 90 80 1.06 10.60 10 881 398-601-02 SD84 DC-3 0.64 90 80 0.64 6.40 6 882 398-601-03 200 N MAIN ST SD84 DC-3 0.29 90 80 0.29 2.90 2 884 398-602-02 217 N MAIN ST SD84 DC-3 0.61 90 80 0.61 6.10 6 928 400-081-03 1900 E 4TH ST P DC-3 3.64 90 60 3.64 109.20 109 929 400-081-04 2000 E 4TH ST P DC-3 1.50 90 60 1.50 45.00 45 931 400-081-06 2001 1 E 1ST ST C5 DC-3 1.42 1 90 60 1.42 1 42.60 42 932 400-082-02 2030 E 4TH ST P DC-3 1.83 90 60 1.83 54.90 54 934 400-082-05 2031 E 1ST ST C5 DC-3 1.40 90 1 60 1.40 42.00 42 935 400-091-01 2100 E 4TH ST P DC-3 1.25 90 60 1.25 1 37.50 37 936 400-091-04 2204 E 4TH ST P DC-3 0.53 90 30 0.53 31.80 31 938 400-091-16 2201 E 1ST ST C1 DC-3 1.00 90 1 60 1.00 30.00 30 939 400-091-17 2151 E 1ST ST C1 DC-3 1.26 90 60 1.26 37.80 37 940 400-091-18 2131 E 1ST ST C1 DC-3 0.79 90 30 0.79 47.40 47 City Council 30 - 103 12/17/2024 No Net Loss Calculations Alternative Sites Lot Consolidation Map APN — Address ZONE GP Designation Lot Size IAcres GP Densi AB 2011 Site Size Surplus Net Site Surplus Net Site Capacity Base Density CapacitV ID onl u zp oned rounded JIL down capacity) 941 400-091-19 2101 E 1ST ST C1 DC-3 1.81 90 60 1.81 54.30 54 942 400-091-22 2112 E 4TH ST P DC-3 1.97 90 60 1.97 59.10 59 943 1 400-091-23 2130 E 4TH ST P DC-3 2.64 90 60 2.64 79.20 79 951 402-181-04 2207 E 1ST ST C2 DC-3 1.28 90 1 60 1.28 38.40 38 954 402-191-01 2114 E 1ST ST C2 DC-3 2.78 90 60 2.78 83.40 83 955 402-191-02 2020 E 1ST ST C2 DC-3 1.20 90 60 1.20 36.00 36 956 402-191-03 2020 E 1ST ST C2 DC-3 3.72 90 60 3.72 111.60 111 958 402-201-05 1900 E 1ST ST C5 DC-3 5.78 90 1 60 5.78 173.40 173 959 402-201-13 2010 E 1ST ST C2 DC-3 1.79 90 60 1.79 53.70 53 964 402-222-01 1660 E 1ST ST C2 DC-3 2.43 90 60 2.43 72.90 72 TOTALEm- 7,064 City Council 30 — 104 12/17/2024 City of Santa Ana AB 2011 100% Affordable Housing Act of 2022 Eligible Properties .......... ... .. . ... . . .. . . ..... ..... '�H 1� weaaou, 5 3 I. "MEMNON Mj EN ALMd.A. .11 ■ as mom Ell Eligible Properties Alternative Site ................. . ... . ......... .. .... ....... I Uponed Site IF City Council 30-105 12/17/2024 Map DO,: 12/10/2024 City of Santa Ana AB 2011 Mixed Income Housing Act of 2022 Eligible Properties ......... . o p p a §. Map Date: 12/10/2024 Site and Environmental Criteria Alternative Sites All of the alternative sites, comprised of alternative and up -zoned sites, that have been identified on the alternative sites lists meet the criteria described in subdivisions (b) through (f) of Section 65912.111(100 Percent Affordable), or meet the criteria described in subdivisions (b) through (f) of Section 65912.121 (Mixed -Income). All of the sites are within the City of Santa Ana boundary, which is an incorporated city and designated as an urbanized area by the United States Census Bureau. Moreover, all of the alternative sites adjoin parcels that are urban uses since the entirety of the City of Santa Ana is designated as an urbanized area by the United States Census Bureau. The Alternative Sites Maps depict that none of the alternative sites adjoin industrial uses, as defined in AB 2011. The environmental criteria maps on the following pages also demonstrate that the sites satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. Lastly, none of the alternative sites are parcels that are governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act. City Council 30 — 107 12/17/2024 Downey Norwalk Cerrito Legend C2 City of Santa Ana � County Boundaries CDFW Owned and Operated Lands and Conservation Easements Ecological Reserve 1• Wildlife Area i Fish Hatchery Public Access Undesignated Miscellaneous Source: California Department of Fish and Wildlife (COFW); CDFW GIS Clearinghouse [ds3092] N W+E 5 0 2.5 5 10 Miles City Council Fullerton Anaheim Garden Orange Grave Fountai Val. untington Beach Costa Mesa n❑ Hills 5ta rarh Corona 'A r 0r rrI 7c Irvine Rancho Santa Mission Margarita Viejo Laguna Laguna Niguel Lake Elsinore —4*;: Ne,"nen JMETI/NASA, Esri, NASA, NGA, USGe, County of Los Angeles, California State Parks, Esri, HERf, Garmin, Saf, USGS, Bureau of Land Management, EPA, NPS City of Santa Ana CaUnrnia r]PnartmPnt of Figh and WaIdI fP Owned and Operated Egrid and Conservation Easements 12/17 LVIU1 Val Downey Norwalk Cerrito Legend CM City of Santa Ana County Boundaries Critical Habitat Source: RNS HQ FS Critical Habitat AreGIS HubFWS HQ FS Critical Habitat - Polygon Features -Rnal layer. A specific geographic area that cartains features essential for the conservation of a threatened or endangered species and that may require special management and protection. N W+E 5 0 2.5 5 10 Miles Fullerton Anaheim Orange range Grove Fountailey Val tington each Costa Mesa Orange Irvine A Hills Corolla } JP f AW R.pncho Santa Mission Mardritr� Viejo Laguna I Laguna Niguel ch Valli 1 ■ J Lake ■ Elsinore rai0 S Me e Esri, NASA, NGA, USGS, Cit of ine, County of Los Angeles, California State Parks, Es i, HERE, Garmin, SafeGraph, , MET1�NA5A, USGS, Bureau of Land Management, EPA, NPS City of Santa Ana City couCcritiea I Habitat of Endang Ared or Threaten Species/17 Downey Norwalk Cerritos Fullerton Anaheim Garden Orange :h Grove • Santa Ana Fountai Valley Orange ngton Irvine Bea Costa Mesa Legend C:3 City of Santa Ana County Boundaries C] CGS Alquist Priolo Fault Zones Source: Seismic Hazards Program, California Geological Survey, CaIifomia Department of Conservation N W+E S 0 2.5 5 10 Miles City Council h Hills Corona Lakc Elsinore Rancho Santa Mission Margarita Viejo Laguna Niguel MoT- V all Widol San emen e Esri, NASA, NGA, USGS, Ci of 1 ine, County of Los Angeles, California State Parks, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, Bureau of Land Management, EPA, NPS City of Santa Ana quilt PPiO1ib Fault Zones 12/17 5� Downey Norwalk Cerrito s� no Hills 5ta nark Fullerton Corona Anaheim Garden Orange Grove Santa Ana Fountai �P Valley Orange untington Irvine f �r Beach a 3I Costa Mesa •e Legend 3 d Rancho + C3 City of Santa Ana Mission Santa or Margarita County Boundaries B Viejo S California Important Farmland �-1 Prime Farmland Laguna Farmland of Statewide Importance Laguna Niguel ch Source: California Department of Conservation Farmland Mapping & Monitoring Program: California Important Farmland Finder N W+E 5 J 2.5 5 16 Miles Lake Elsinore Sarc emEsri, NASA, NGA, USGS, Cit oos Angeles, California State Parks, Esri, FiEftE,Garmin, SafeGraph,SGS, Bureau of Land Management, EPA, NPS Fall City of Santa Ana city crFr+ne Farmland and Failnd of Statewide Importan7 Downey l�'Or�� alk Cerrito Fullerton Anaheim GnnOrange G Foun Valley Orange untington Irvine Beach Costa Mesa Legend C= City of Santa Ana County Boundaries Fire Hazard Severity Zones in Local Responsibility Area Lands I Very High Fire Hazard Severity Zones in State Responsibility Area Lands Very High High Moderate Source: CAL FIRE Portal; The State of CallfOrnla and the Department of Forestry and Fire Protection N W+E S 0 2.5 5 10 Miles Hills r'a rh L Aiguel 4r "d" Corona F1 Mori Val f Esri, NASA, NGA, USGS, CitNOf� e, County of Los Angeles, California State Parks, Esri, HERE, Garmin, SafeGraph, C ETI/NASA, USGS, Bureau of Land Management, EPA, NPS Fal' City of Santa Ana City Council Fire Hazaird1 Severity Zones 12/17/2 City of Santa Ana == x p a AB 2011 oa � - w . � n m 100% Affordable Housing a f Act of 2022;�� Eligible Properties and FEMA Flood Hazard Zone E 3 s �� - P CVCCEME0.ox § rClVlc ter,R oR ' I . - a e. loss �■ ����. ■ Lei■ � � _,Al. -�� a solo, I v n .- ACrAoo[rv,v - ®� ...... Eligible Zones: 110, If C1, CI -MD, C2, C4, C5, CR, C-SM, SD 31, SD-48, SD-52, SD-54, SD-60 SD-64, SD-72,SD-78 SD-84(except Government Center) SP 2 (except park) SP 3 (only the Bush Str. Professional District and Broadway Corridor District) f SP 4 a Exemptions (does not qualify if.): 6 * If used for mobile home parks - *Completely Within 500 feet of freeway & • & # - - p@w,AxE * Owned by the City of Santa Ana *Abutting Industrial General Plan Areas (old venson) * Abutting Existing Industrial Landuse Note: Abutting is assumed to be properties adjacent, across the street, and diagonal for intersections Al Map Legend aaw µ mm * o 1 % Annual Chance Flood Hazard Eligible Properties _ _ _ e Alternative Site I Upzoned Site y 11„fIowEAA� , Q Affected by Flood Hazard Zone - (none) w i i 11,11 1-1"-'N-11 1 ity Council® m 30 —113 1 /171 024 e11)Re: 11112.11 City of Santa Ana AB 2011 100% Affordable Housing Act of 2022 Eligible Properties and FEMA Regulatory Floodway 0� SAyN h � o A �t• aLrvos4 - a A I ads _ snxu as nxa ew° �� ■ mom 1 - - _ a o w p w u n o i z a w OM 5 Eligible Zones:" * C1, CI -MD, C2, C4, C5, CR, C-SM, SD-31, SD-48, SD-52, SD-54, SD-60 SD-64, SD-72, SD-78 SD-84(except Government Center) re r SP 2 (except park) SP 3 (only the Bush Str. Professional District and r _" ,. • 0. Broadway Corridor District) € 1" SP 4 - - Exemptions (does not qualify If.(: 4 - _ * If used for mobile home parks - _ - *Completely Within 500 feet of freeway Ex S xEa ,� &" t-xxE * Owned by the City of Santa Ana r * Abu tting Industrial General Plan Areas old ve ison e 1 I —R tm III , * Abutting Existing Industrial Landuse -" - - s •- ___ _— i Note: Abutting is assumed to be properties adjacent t across the street, and diagonal for intersections µ Exs elV E.a m °vERE° a �A. � Map Legend Regulatory Floodway Eligible Properties Alternative Site Upzoned Site Q Affected by FEMA Regulatory Floodway - (none) o X 12/17/2024 Map Date: 12/5/2024 Council 30-114 City Of Santa Ana AB 2011 100%Affordable Housing Act of 2022 Eligible Properties and Hazardous Waste Sites Eligible Zones: Cl, Cl-1 C2, C4, C5, CR, C-SM, P, SD31, SD-48, SD-52, SD-54, SD-60 SD-64, SD-72, SD-78 SD-84 (except Government Center) SP 2 (except park) SP 3 (only the Bush Str. Professional District and Broadway Corridor District) SP 4 Exemptions (does not qualify if..): * If used for mobile home parks * Completely Within 500 feet of freeway * Owned by the city of Santa Ana * Abutting Industrial General Plan Areas (old verison) * Abutting Existing Industrial Landuse Note: Abutting is assumed to be properties adjacent, across the street, and diagonal for intersections Map Legend Hazardous Waste Sites ee� pC' 0 CORRECTIVE ACTION 0 HAZARDOUS SUBSTANCE RELEASE SITE HAZARDOUS WASTE PROPERTY- IAND _ _ _ _ _ _ USE RESTRICTION LUSTCLEANUPSITE 0 TIERED PERMIT • Permitted Hazardous Waste Facility Eligible Properties Alternative Site Upmned Ste Affected by Hazardous Waste Site - (none) —77 a p a I I Sy , Aer Rewumn COMM BoeN GeoiraWer \TIC /I ty / v ouncii .m Am l lJ 30-115 12/17/2024 Map Date: 12/5/2024 M City of Santa Ana AB 2011 100% Affordable Housing Act of 2022 Eligible Properties and Wetlands & Deepwater Habitats 5 Aiming M 11TIT 11TFT 0 -T.T. F '6 o Z AV .... ...... ............... ....... ... Eli gibleZ nes: C1, CI -MD, C2, C4, C5, CIR, C-SIA, SO 31, :D 48: SD:52, SD-54, SD-60 SD:64, D:72 SO 78 SO 84 (except Government Center) S1 2 (except park) (only the Bush Str. Professional District and SP 4 Broadway Corridor District) Exemptions (does not qualify If.): If used for mobile home parks Completely Within 500 feet of freeway —F, Owned by the City of Santa Ana Abutting Industrial General Plan Areas (old verison)) Abutting Existing Industrial Landuse Note: Abutting is assumed to be properties adjacent, across the street, and diagonal for intersections Map Legend o V J California Wetlands Eligible Properties ... ....... A Alternative Site Upzoned Site o Affected by Wetlands/ Deepwater Habitat -(none)- 11-0- A' ....... .... � m ............... ..................... .. City Council 30-116 7/ 024 12/5/2024 'J City of Santa Ana .......... . I & AB 2011 °� �� �J Mixed Income Housin.�;"` 9 Act of 2022 Eligible Properties and FEMA Flood Hazard Zone p „ Wasx xGiGN av H - £WpsHlx�sox Av —. 0 I 4 ■ 4Q ■■■ ! ■ ■ ■� ■ MOUNT - Ise m. . ._.. Q N Eligible Zones.` Cl, Cl-MD, C2, C4, C5, CR, C-SM, , exav P,1 SD 31, SD-48, $D 52, SD-54, SD-60 SD-64, SD-72, SD-78 SD-84 (except Government Center)��, SP 2 (except park) � d SP 3 (only the Bush Str. Professional District and Broadway Corridor District) f SP 4 Exemptions (does not qualify if..): * If used for mobile home parks- * Completely Within 500 feet of freeway *Owned by the City of Santa Ana - paNEx <v mt *Abutting Industrial General Plan Areas (old verison)- * Abutting Existing Industrial Landuse a R * Not abutmg aommeraal corridor (70 ft -150 ft wi - - Note: Abutting is assumed to be properties adjacen - :ksEG .xo.pv 9 < r ■ / across the street, and diagonal for intersections I- (sl, g Map Legend 1 % Annual Chance Flood Hazard - Eligible Properties _ e Alternative Site i I . ............._.....-.m...--_._ .................... .' Upzoned Site so„F.oWEapv , Q Affected by Flood Hazard Zone - (none) G x Council m 30 —117 1 /171 024 apDate:12/5/2024 A% City of Santa Ana ............. Y " AB 2011 ° s Mixed Income Housing f Act of 2022 Eligible Properties and t _ y r FEMA Regulatory Floodway fh m �Y rc v d i e y r y %. SnxA nNA BLVu :. ■ ■���® 7C1■ ■ ■ IrII�Ii�ir - sss sr sr isrm -■ ]+ •III _ - • • rc x o , yc ' Eligible Zones: Cl, Cl-MD, C2, C4, C5, CR, C-SM, E°NceXnv P i SD-31, SD-48, SD-52, SD-54, SD-60 \ SD-64, SD-72, SD-78 0 SD-84(except Government Center) - SP 2 (except park) SP 3 (only the Bush Str. Professional District and BroadwayCorridor District) - spa Exemptions (does not qualify if..): - * If used for mobile home parks w>XNEX AV w<XNEa<v - - - _ W4RNFRpV * Completely Within 500 feet of freeway - *Owned bythe City ofSanta Ana *Abutting Industrial General Plan Areas (old verison) * Abutting Existing Industrial Landuse ,( a * Not abutmg a commercial corridor (70 ft -150 ft wide); Note: Abutting is assumed to be properties adjacent,- across the street, and diagonal for intersections tum `eF 7 "°" ° s � pce�,i � _ _ •ceXs*vomav Qua ° - 4.°as . Map Legend Regulatory Floodway - 4c m Eligible Properties °----- . qa<o Alternative Site Upzoned Site Q Affected by FEMA Regulatory Floodwayne - (none) ity Council Nn•� 30 —118 12/17/2024 Map Date: td/SR0" City of Santa Ana AB 2011 Mixed Income Housing 9 t- ® � HrH•� _ � i� Act of 2022 i F i Eligible Properties and _ F m , Hazardous Waste Sites o TaHa ° rHri Im Hn S i,T. IT © l `� wnsxirvcTox av e° ! P . „w •� F 0� _ cvccaxreROR >� � ,3 �„o � r e e®°0 ■■■ r ■ ■ „ i■■■■■■■■I 1.�i r se ■ . polo �.. �+ Ir o a ,,.a. -• a.eT '� �• 0 ,,9 a _ ea ......m Eligible Zones: - a C1, CI -MD, C2, C4, C5, CR, C-SM, nrRa° P, SD-31, SD-48, SD-52, SD-54, SD-60 / °N •• Ee1NGERpV SD-64, $D 72, $D 78 SD-84 (except Government Center) a SP 2 (except park) c SIP3 (only the Bush Str. Professional District and e Broadway Corridor District) Exemptions (does not t ualify if..): ' If used for mobile home parks p p T � a ' Completely Within 500 feet of freeway " ` - - ' Owned by the City of Santa Ana us ' Abutting Industrial General Plan Areas (oldverison) """`" "4 '.• ' Abutting Existing Industrial Landuse - - ' Not abuting a commercial corridor j70 ft-150ft wide w _ • _f ___ • - - - - - Note: Abutting is assumed to be properties adjacent, - - ■ 9 - ,, &arc ,aex.� • @• - • i across the street, and diagonal for intersections mL m 'a"• �� Map Legend Hazardous Waste Sites i • CORRECTIVE ACTION 9�% - • HAZARDOUS SUBSTANCE RELEASE SITE a e,v HAZARDOUS WASTE PROPERTY - LAND -°' - USE RESTRICTION , a • LUSTCLEANUPSITE „„I„ R,HUR-o m xurs a,eo - • TIERED PERMIT 'M • Penniled Hazardous Wash Fadlity ??l Eligible Properties• - -- -"- "-- Alternative Site UPzamO Site � � .._ . _. _�....._..-. F] Afeded by Hazardous Waste Site (none) oweR ' ce XCSob°°`�`°m�Eov1�'°r City Council 30 —119 12/17/2024 sbrE,sc.ce.gwlpuEllc Her�Rewunn COMNI BoeM Ge Trxker io0 kx."aleNoeMs.ce Aov ° Map Date: 12/5/2024 City of Santa Ana AB 2011 Mixed Income Housing Act of 2022 Eligible Properties and Wetlands Et Deepwater Habitats w o Eligible Zones: CI, C1-MD, C2, C4, C5, CR, C-SM, P, SD-31, SD-48, SD-52, SD-54, SD-60 SD-64, SD-72, SD-78 SD-84 (except Government Center) SP 2 (except park) SP 3 (only the Bush Str. Professional District and Broadway Corridor District) SP 4 Exemptions (does not qualify if..): * If used for mobile home parks * Completely Within 500 feet of freeway * Owned by the City of Santa Ana AaxE* <• ,..9.. *Abutting Industrial General PlanAreas(oldverison) * Abutting Existing Industrial Landuse * Not abuting a commercial corridor (70 ft -150 ft wi Note: Abutting is assumed to be properties adjacent "- >sksE*Eas.0.owad across the street, and diagonal for intersections �t"m California Wetlands Eligible Properties Alternative Site Upzoned Site r Affected by Wetlands/ Deepwater Habitat - (none) o 5 i L City Council 30 — 120 J t � , DO,: 12/512024 City Council 30 — 120 J t � , DO,: 12/512024 Identification of Alternative Sites State law permits local governments to adopt a local AB 2011 implementing ordinance to exempt parcels of land from the streamlining provisions provided certain findings are made. A local government must identify one or more alternative sites for residential development and make findings that the alternative development would result in no net loss of the total potential residential density permitted in the jurisdiction, no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction, and will affirmatively further fair housing. Further, Government Code sections 65912.114(i)(2)(A) and 65912.124(i)(2)(A) require that a local implementing ordinance that identifies an alternative site to accommodate the lost potential units from exempt sites that is not otherwise eligible for development pursuant to AB 2011, be "suitable for residential development" as defined in Government Code Sec. 65583.2 of State Housing Element law. The analysis below will demonstrate how all parcels identified as alternative sites by the City of Santa Ana's implementing ordinance which are not otherwise eligible for development pursuant to AB 2011 meet the Housing Element law definition for land suitable for residential development as defined in Gov. Code Sec. 65583.2. AB 2011 Potential Housing Units Lost from Exempted Sites Santa Ana's local implementing ordinance exempts 569 parcels from AB 2011—Affordable and 281 parcels from AB 2011— Mixed -Income permit streamlining, respectively. Table 1 below provides the total number of lost potential units for AB 2011 —Affordable and AB 2011 — Mixed -Income streamlining provisions. The City of Santa Ana's local implementing ordinance utilizes a multifaceted approach in achieving no net loss of total potential density in the jurisdiction by upzoning (i.e., increasing the permitted General Plan permitted density/intensity) certain parcels that are otherwise eligible for AB 2011 streamlining (Upzoned Sites) and identifying alternative parcels that are not eligible for AB 2011 and designating them as eligible for AB 2011 streamlining and also upzoning them (Alternative Sites). A combination of the upzoned capacity on Upzoned Sites and the capacity permitted on the Alternative Sites demonstrate that no net loss of the total potential residential density is achieved. Table 1 (Affordable) and Table 1.5 (Mixed - Income) provide the total unit capacity of Upzoned and Alternative sites, respectively, and also provide the total surplus capacity created between the two categories. In both cases, Affordable and Mixed - Income, the total Surplus Capacity is greater than the Lost Potential capacity from the exempt parcels — demonstrating that no net loss will be achieved. While detailed no net loss calculations and methodology are provided separately on tables provided to HCD staff, this analysis will focus on demonstrating that the Alternative Sites are suitable for residential development and comply with Gov. Code Sec. 65583.2 of State Housing Element law. Table 1(Affordable) Exempt, Alternative, and Upzoned Site Unit Capacities Total Total Total Lost Number Total Surplus Surplus Potential/Exempted Total of Acreage Alternative Upzoned Capacity Surplus Parcels Capacity Capacity (Less Existing Capacity to Capacity Remain) Exempt Parcels 569 380.75 -- -- 10,932 1 City Council 30 — 121 12/17/2024 Total Total Total Lost Number Total Surplus Surplus p Potential/Exempted Total of Acreage Alternative Upzoned Capacity Surplus Parcels Capacity Capacity (Less Existing Capacity to Capacity Remain) Alternative -- 161 71.74 4,222 -- -- Sites Upzoned 286 271.27 -- 17,068 -- Sites TOTAL 4,222 17,068 10,932 10,358 Table 1.5 (Mixed -Income) Exempt. Alternative, and Upzoned Site Unit Capacities Total Total Lost Number Surplus Total potential/Exempted Total Total Surplus of Alternative Capacity Surplus Parcels Acreage Capacity Upzoned (Less Existing Capacity Capacity Capacity to Remain) Exempt Parcels 281 244.99 -- -- 15,481 Alternative 320 139.96 9,648 -- -- Sites Upzoned 194 215.15 -- 7,064 -- Sites TOTAL 9,648 7,064 15,481 1,231 Sites Inventory Consideration It is important to note that the capacity analysis is a planning exercise and does not mandate the elimination of existing use(s) or building(s) on a property. Instead, this analysis demonstrates that the City's zoning and land use designations as applied to specific sites is adequate to accommodate possible units on specific sites. This capacity analysis looks at the Alternative Sites and applies the greater of the existing development capacities as permitted by the City's land use plan which would be permitted to be developed pursuant to AB 2011 streamlining or the densities permitted by AB 2011, and calculates the resultant number of housing units that could be provided. General Plan Density/Intensity The City adopted the General Plan Update in 2022 and zoning ordinance amendments to increase residential densities for mixed -use designations and zones. Table 2 below illustrates the current maximum permitted densities by General Plan land use designation and groups the corresponding land uses of the Alternative Sites by AB 2011 category (i.e., Affordable or Mixed -Income). Please note that while maximums are provided in the Table 2, minimum development densities must comply with AB 2011. Pursuant to AB 2011, a development project utilizing AB 2011 permit streamlining must develop to at least the maximum permitted by the local jurisdiction's land use plan or by default densities established by the law. This analysis will utilize the minimum default densities established for Affordable (30 dwelling 2 City Council 30 — 122 12/17/2024 unit per acre) or Mixed -Income (30-80 dwelling units per acre) where the General Plan does not permit equal to or greater densities for the alternative sites. In cases where the General Plan permits higher densities than those specified in AB 2011, the General Plan permitted densities will be utilized as minimums. Table 2 General Plan and AB 2011 Category (Affordable/Mixed-Income) Required Maximum Density General Plan Designations Density Corridor Residential 30 du/ac Urban Neighborhood -Medium Low 30 du/ac Industrial Flex- Low 30 du/ac Urban Neighborhood -Medium 40 du/ac AB 2011 - 30 du/ac Urban Neighborhood -High 50 du/ac Affordable District Center -Low 90 du/ac 90 du/ac District Center -Medium Low 90 du/ac District Center -Medium 90 du/ac District Center -Medium -High 125 du/ac District Center -High Corridor Residential 30 du/ac 30 du/ac Urban Neighborhood -Medium Low Industrial Flex- Low 30 du/ac 40 du/ac Urban Neighborhood -Medium 50 du/ac AB 2011— Mixed- 30 — 80 du/ac Urban Neighborhood -High 90 du/ac Income District Center -Low 90 du/ac District Center -Medium Low 90 du/ac District Center -Medium 90 du/ac District Center -Medium -High 125 du/ac District Center -High Realistic Capacity Assumption 3 City Council 30 — 123 12/17/2024 Pursuant to AB 2011, a development project utilizing AB 2011 permit streamlining must develop to at least the maximum permitted by the local jurisdiction's land use plan or by default densities established by the law, whichever is greater. The capacities included in this analysis will utilize the minimum default densities established for Affordable (30 dwelling unit per acre) or Mixed -Income (30-80 dwelling units per acre) where the General Plan does not permit equal to or greater densities for the alternative sites. In cases where the General Plan permits higher densities than those specified in AB 2011, the General Plan permitted densities will be utilized. Since AB 2011 establishes minimum densities for permit streamlining qualification, this analysis will not include a "realistic capacity" analysis as is typically found in housing elements. Rather, will rely on the AB 2011 minimum densities or the General Plan densities where they are greater in compliance with applicability requirements established in AB 2011. Site Infrastructure and Services Water and Sewer Infrastructure The City operates and maintains Santa Ana's sewer system, which serves the entire city and portions of Garden Grove and Orange. The City's sewer collection system consists of approximately 450 miles of sewer mains, including approximately 60 miles of Orange County Sanitation District (OCSD) regional trunk facilities within the city. The system operates largely by gravity and discharges at several locations into OCSD gravity trunk sewers for conveyance to OCSD Treatment Plant 1. The City's most recent Sewer Master Plan update was performed in December 2016. The 2016 Sewer Master Plan Update Final Report (SMP) was an update to a sewer capacity analysis performed in 2003. The 2016 SMP analyzed the age of the sewer infrastructure, and the capacity of the City's sewer collection system for existing and future peak -flow conditions under both dry and wet weather conditions. In addition, the 2016 SMP summarized the rankings of the condition of the sewer pipes/manholes and the recommended rehabilitation and replacement of these sewers. The results of the capacity analysis and condition assessment are summarized below. City Sewer Capacity The capacity of the City's sewer system was assessed for all major trunk lines with diameters ranging from 10 to 39 inches in size. In total, approximately 97 miles of City pipelines, 20 miles of OCSD trunk lines, and a total of 1,799 manholes were modelled. The capacity of the system was assessed for existing and future (2040) base flow scenarios in addition to peak wet -weather flows (PWWF) derived for a 10-year storm event. The SMP identified four areas of the City where sewer capacity deficiencies were identified. The most significant areas of potential wet weather capacity deficiencies are between Fairhaven Avenue and 17th Street running through Old Grand Street, to Santa Clara Avenue, and then onto Wright Street in the northeastern area of the city. In addition to the sewer capacity assessment, the City assessed the condition of its sewer system. The review identified several defects in the condition in the sewer system, primarily in the central part of the city, including the downtown area. This area is known to have older pipes compared to the outer neighborhoods and consequently has more defect issues. Capital improvement projects are prioritized to allocate available funds to critical projects based on risk of failure and level of impact to economic, social, and environment issues. Similar to many public agencies, 4 City Council 30 — 124 12/17/2024 the City has an annual budget for replacing or rehabilitating aging infrastructure and therefore requires a systematic and defensible method for prioritizing both capacity and condition -based improvement projects. The SMP has aided in prioritizing projects on each year's CIP. The SMP references 20 projects for Fiscal Year (FY) 2016/2017 to FY 2020/2021. The current 2018/2019 CIP sewer projects are listed below: • Bristol Street Sewer Main Improvements • Santa Ana Memorial Neighborhoods Sewer Main Improvements • Warner Garnsey Sewer Main Diversion Improvements (project listed in SMP as CIP-CAP-006A) • Willard Neighborhood Sewer Main Improvements Furthermore, the current CIP projects currently under design or construction are listed below: • Citywide Sewer Main Improvements Phase II • Columbine Sewer Main Improvements • Washington Square Neighborhood Sewer Main Improvements • Flower Street Sewer Main Improvements (Washington Street — 17th) • Segerstrom/San Lorenzo Sewer List Station In addition to the SMP and CIP sewer system management procedures, the City currently requires sewer monitoring studies for all projects that go through the entitlement process. After submittal and review of these studies by City staff, if the sewer system is found to be deficient, the developer will be required to upsize the portion of the sewer pipe within the frontage of their property. There may be options depending on the condition of the sewer infrastructure for the developers to enter into a joint cost - sharing agreement with the City to cover a portion of the cost for required upsizing that may be done by the City at a later date. If improvements are needed to infrastructure downstream of the project site, the developer may be required to participate and pay into the fair -share agreement currently employed by the City. The fair -share agreement will allow the developer to fund a percentage of the downstream improvement that will be carried out by the City in the future. Therefore, the City has a robust process in place on a project -by -project basis to ensure the sewer system is functioning efficiently and will not impact development of any of the Alternative Sites. Water Supply and Distribution The City's Water Utility provides water service within a 27-square-mile service area. The service area includes the City of Santa Ana, and a small neighborhood in the City of Orange, near Tustin Avenue and Fairhaven by the northeast corner of Santa Ana. There are also Irvine Ranch Water District (IRWD) water lines that serve portions of the city. In addition, Orange County Water District (OCWD) provides recycled water service to portions of the city. Metropolitan Water District of Southern California (Metropolitan) also has delivery/conveyance lines that run through the city. The City's water system has a total of nine reservoirs with a storage capacity of 49.3 million gallons, 21 groundwater wells, and seven imported water connections. The 2017 Santa Ana Water Master Plan (WMP) is a multi -year capital improvement program to maintain the City's water utility infrastructure systems in sound operable condition and to meet the level of service expectations of the City over the proposed planning period from 2017/2018 to 2039/2040. The WMP analyzed several components of the City's water system, including groundwater well rehabilitation needs, reservoir and pump station status, distribution system upgrade needs, and other miscellaneous improvements. Maintaining groundwater wells has been given the highest priority as groundwater supply is more affordable as compared with water supplies purchased from Metropolitan. The results of the water supply analysis indicated that the City's water system has adequate capacity and distribution 5 City Council 30 — 125 12/17/2024 capabilities to supply the entire water system demands using only groundwater wells. However, as discussed in the WMP, as of 2017, based on age of the existing pipe, 20 percent (about 560,000 feet of pipe) of the City's distribution system has already past the pipe material's typical useful life. By the end of the proposed planning period (fiscal year 2039/2040), 70 percent (about 1,870,000 feet of pipe) of the City's distribution system will be past the material's lifetime. In summary, while the City's distribution system is robust and hydraulically sound, the system is old and needs to be systematically replaced. The recommended proposed pipeline replacement program is documented in the WMP, in addition to updates from the City's most recent CIP Update and discussions with the City on the status of improvement projects. The City obtains water from two primary sources: local groundwater from the Orange County Groundwater Basin (OC Basin), which is managed by OCWD, and imported water from Metropolitan. The City is a member agency of Metropolitan. Groundwater production accounts for 70 to 77 percent of the water supply and Metropolitan -imported water supplies provide the remaining 23 to 30 percent. The City also receives recycled water from OCWD. Overall, the City has documented that it is 100 percent reliable for a normal year, a single -dry year, and multiple dry year events from 2020 through 2040. Furthermore, the 2015 Metropolitan Urban Water Management Plan (UWMP) stated that Metropolitan would be able to meet the demands of its member agencies, including the City of Santa Ana, through 2040. Therefore, imported water demands for the City are projected to be met through the 20-year requirements of SB 610 and beyond. The City of Santa Ana 2015 UWMP also confirmed the ability of the local supplies and the OC Basin to meet the growing demands of the City, posing no water access or distribution issues to any of the Alternative Sites. Dry Utilities All of the Alternative Sites lie within developed areas and have access to full dry utilities, posing no challenges for development. Southern California Edison (SCE) is responsible for providing electric power supply to Santa Ana. SCE is one of the nation's largest electric utilities providing service to more than 15 million people in a 50,000-square-mile area of central, coastal, and Southern California. Natural gas is provided by the Southern California Gas Company (SoCalGas). SoCalGas service area span much of the southern half of California, from Imperial County on the southeast to San Luis Obispo County on the northwest, to part of Fresno County on the north, to Riverside County and most of San Bernardino County on the east. Natural gas is available throughout Santa Ana, and supplies are forecasted to remain constant through 2035. Additional dry utilities include various telecommunications providers and cable providers and solid waste collection. Republic Services provides solid waste collection service to the City, and solid waste is disposed at the Olinda Alpha Landfill in the City of Brea, which is under the operation by the Orange County Waste & Recycling Department. Local and Regional Trends Based on a survey of recent housing development over the past 10 years in Santa Ana and ongoing development applications for housing and mixed -use projects, nearly all consist of redevelopment of sites with existing improvements. Santa Ana is an entirely built out city with very limited vacant land available to accommodate new development of any sort. The City has established a variety of mixed -use zones to accommodate additional residential development in districts and along major corridors. Current development trends in mixed -use areas show that high residential density is feasible and realistic, and C. City Council 30 — 126 12/17/2024 appropriate to accommodate housing for all income levels. Sites that have been redeveloped include social lodges, religious facilities, office buildings, industrial buildings, older/smaller multi -family residential, and single-family units. The buildings tend to be older than 30 years of age and have been at various levels of physical repair/maintenance. It is of note that many of the office and industrial buildings that underwent or are currently undergoing redevelopment were not in physical distress or economic decline. Rather, the underlying land values presented opportunities to redevelop despite the existing improvements' value. See Table 3 for listing of projects in Santa Ana, which includes previously existing use, age of building, and its location in relation to high quality transit areas. Table 3 Mixed -Use and Housing Trends Projects Completed/Under Construction Previously Existing Use/Building Affordability Meets Site Project Address Units Project Description Suitability Status Located on Lower Mod. Above Use BAdeng High Quality Criteria g Transit Area Demolition of two (2) office/commercial buildings (approximately 64,713 square feet) and Meets *2112 E. 552 547 5 construction of a mixed- Office/com Criteria 2, Complete First St. use development with mercial 1970 No Criteria 4, 552 multi -family buildings and Criteria residential units and 5 10,000 square feet of commercial space. Demolition of a social lodge building (approximately 38,379 square feet) and Meets 1660 E. First St. 603 - 603 construction of a mixed- Social lode g Criteria 2, Complete use development with building 1963 No Criteria 4, 603 multi -family and Criteria residential units and 5 8,900 square feet of commercial space. Demolition of three industrial buildings (approximately 154,096 square feet) and Meets construction of a mixed Vacant/Ind Criteria 2, 2300 S. Redhill 1,100 - 1,100 use development with 1979 No Criteria 4, Complete Ave. 1,100 multi -family uildin Criteria 5, residential units and buildings and Criteria approximately 80,000 6 square feet of commercial space. 7 City Council 30 — 127 12/17/2024 Previously Existing Use/Building Affordability Meets Site Project Address Units Project Description Suitability Status Located on Lower Mod. Above Use BAdeng High Quality Criteria g Transit Area Meets Construction of 309 Criteria 2, 2800 N. Main St. 309 - 309 multi -family residential Yes Criteria 3, Complete units. Parkinlot g Criteria 4, and Criteria 6 Demolition of religious facility and the Meets construction of mixed- Criteria 2, *301 E. Santa 93 92 1 use development with 93 Religious 1969 Yes Criteria 3, Complete Ana Blvd. multi -family residential facility Criteria 4, units and 2,722 square and Criteria feet of commercial 5 space. Construction of a Meets two-story Vacant/ Criteria 2, *801 E. Santa 17 16 -- 1 building withl7 Two single- Criteria 3, Complete Ana Blvd. flats/apartment family 1913 Yes Criteria 4, Criteria 5, units and residences and Criteria covered parking. 6 Demolish duplex Meets and subdivide Single- Criteria 3, 1513 W. Civic 8 8 site into four family Criteria 4, Complete p Center Dr. lots, each residence 1966 Yes Criteria 5, proposed with and Duplex and Criteria two units. 6 Demolition of Meets two detached Criteria 3, 301 N. Mountain g __ __ g single-family Two single Criteria 4, Under View St. residences and family 1959 Yes Criteria 5, Construction construct eight residences and units. Criteria 6 *Indicates an affordable housing project. A survey of housing and mixed -use projects built, under construction, or approved in the neighboring cities of Anaheim, Garden Grove, and Westminster shows a similar trend of development happening on sites with existing improvements. See Table 4 for a listing of recently built, under construction, or approved housing or mixed -use projects in neighboring jurisdictions. This table also identifies built affordable housing in neighboring jurisdictions. The prior property conditions of non -vacant sites that were recently developed into new residential and mixed -use projects within the region signify a trend that can be used for selecting other sites suitable for redevelopment in Santa Ana. These include a range of building conditions and existing land uses. The sites previous uses consisted primarily of commercial, industrial and/or residential uses. Many of the sites include commercial buildings such as used car dealerships, restaurants, car washes, industrial warehouse, offices, religious facilities, single-family !3 City Council 30 — 128 12/17/2024 residences, and parking lots. These uses are also consistent with uses that were redeveloped locally in Santa Ana. Table 4 Regional Mixed -Use and Housing Trends Recently Affordability Approved/Under Residential Previous Existing Use Before Development Construction Mixed Units Lower Mod. Above and Building Age Mod. Use Project Address Used vehicle dealership (building over40 1600 W. Lincoln Ave., -- -- 315 Years old) Anaheim 315 Restaurant and carwash (buildings over 50 2970 W. Lincoln Ave., _ 134 years old) Anaheim 134 Industrial/warehouse (buildingover30 1910S. Union St., -- -- 332 Years old) Anaheim 332 Office building, small retail shopping center, and large format retail store (buildings 1011-1091 N. Tustin 406 between 20 and 30 years old) Ave., Anaheim 406 1623 W. Cerritos Ave., Single-family residence Anaheim 57 -- -- 57 Office complex (building over 30years 2301-2331 W. Lincoln old) Ave., Anaheim 152 -- -- 152 12901 Lewis St., Church/religious facility and school Garden Grove 70 -- 70 Garden Grove United Methodist Church *10861 Acacia 47 47 -- __ and church operated pre-school and the Pkwy., Garden Head Start pre-school program Grove Freestanding restaurant 11222 Garden Grove Blvd., 16 - 16 Garden Grove Restaurant and Automotive *12811 Garden buildings/uses Grove Blvd., 93 93 -- __ Garden Grove Commercial businesses and parking lot *14800 Beach 50 49 1 (buildings over 50 years old) Blvd., Westminster E City Council 30 — 129 12/17/2024 Recently Approved/Under Residential Affordability Previous Existing Use Before Development Above Construction Mixed Units Lower Mod. and Building Age Mod. Use Project Address Furniture store (buildings over 50 years *7122 old) Westminster 65 64 -- 1 Blvd., Westminster *Indicates an affordable housing project. Lot Consolidation Development Record Lot consolidation, the process of combining multiple adjacent lots into a single larger parcel to facilitate development, is a common practice in built -out cities like Santa Ana. As discussed above, Santa Ana is an entirely built out city with very limited vacant land available to accommodate new development of any sort. Nearly all multi -family housing development projects consist of the consolidation of contiguous lots and the redevelopment of sites with existing improvements. Table 5 provides examples of recent development projects in Santa Ana that required lot consolidation, demonstrating its feasibility and effectiveness as a tool for promoting development in the city. Moreover, as these examples illustrate, lot consolidation is not a constraint to housing production in Santa Ana, rather, is a feature intrinsic to development in highly urbanized areas. Table 5 Example Projects that Required Lot Consolidation Affordability Number of Total Very Low Moderate Project Name Project Address Parcels Number Project Status Consolidated of Units Low 815 N. Harbor Andalucia Blvd./816 N. 7 70 Constructed (2017) Figueroa St. Crossroads at 1126 E. Constructed Washington 2 86 85 Washington (2024) Ave. 609 N. Spurgeon Constructed Legacy Square St. 2 93 75 17 (2023) 401 N. Main Constructed Rafferty St./500 N. Bush 10 220 11 (2024) St. 2530 W. Constructed The Arches Westminster 2 85 84 (2024) Ave. 801 E. Santa Ana Under FX Residences Blvd. 4 17 16 Construction 1411 N. Under WISEPlace Broadway 2 48 47 Construction Under Soni 1202 E. Third St. 2 2 Construction 10 City Council 30 — 130 12/17/2024 Affordability Number of Total Very Low Moderate Project Name Project Address Parcels Number Project Status Consolidated of Units Low First and Harbor Mixed- 101 N. Harbor 12 183 28 Entitled Use Blvd. Development Cabrillo Under Crossing 1814 E. First St. 2 35 4 Construction Townhomes Broadway 1412 N. Constructed Live -Work 2 3 Broadway (2024) Development Duplex and 2246 S. Cypress Pre Two ADU Ave. 4 4 Entitlement General Plan Focus Areas Santa Ana's Focus Areas, as defined in the General Plan, are strategically located throughout the city along major arterials with access to high quality public transportation and link the City's existing form -based code areas. The Focus Areas provide opportunities to develop a breadth of housing types at densities ranging from 20 to 125 dwelling units per acre by right, and stand to address the diverse housing needs of the community. These areas, characterized by existing, under construction, and planned infrastructure and growth potential, are envisioned as mixed -use hubs combining residential, commercial, and recreational elements. A detailed description of each Focus Area can be found on the interactive General Plan website (https://general-plan-santa-ana-ca.proudcity.com/ ). The Focus Areas have already begun to experience rapid change and increased opportunity for residents. The West Santa Ana Boulevard Focus Area parallels the OC Streetcar route, Orange County's first modern streetcar that will run 4.15 miles and connect to the regional train network by way of the Santa Ana Regional Transportation Center, offering multi -modal mobility options and residential development opportunities along the streetcar stations. The OC Streetcar is slated to be completed and operational in 2025. The Related Bristol Specific Plan was approved October 2024 in the South Bristol Focus Area, effectuating the vision for the Focus Area outlined in the General Plan. At buildout, Bristol Related will accommodate up to 3,750 residential units, a 250-room hotel, a 200-unit tower for senior living, and up to 350,000 square feet of restaurants and shops, as well as a grocery store and 13 acres of park space. Additionally, the City has contracted the services of Torti Gallas + Associates to draft five public realm plans, one for each Focus Area, to ensure infrastructure, pedestrian, bicyclist, and recreational needs are being met in the Focus Areas. This approach will fosters walkable environments with easy access to essential services and amenities, providing a high quality of life for all residents, including lower -income individuals residing in existing residences or future residents that will occupy units in future developments within these areas. As such, the Focus Areas are the ideal location for new residential development, opportunity, and housing mobility. Specific Plan, Specific Development, and Overlay Zone Areas 11 City Council 30 — 131 12/17/2024 The City's specific plan, specific development, and overlay zone areas are connected to the General Plan Focus Areas, and are generally located along major arterials with public transportation options, such as the OC Streetcar, the Santa Ana Regional Transportation Center, and some of the only rapid bus routes in Orange County offered by the Orange County Transportation Authority. All of these areas have been planned for high density housing and will foster walkable environments with easy access to essential services and amenities, providing a high quality of life for all residents, including lower -income individuals residing in existing residences or future residents that will occupy units in future developments within these areas. These areas have also seen the most investment in terms of development within the City over the five years. As such, the specific plan, specific development, and overlay areas are the ideal location for new residential development, opportunity, and housing mobility. Figure 1: General Plan Focus Areas, Specific Development, and Overlay Zone Areas General Plan Focus Areas J Specific PlanlSpecific Development/ Overlays 12 City Council 30 — 132 12/17/2024 Criteria for Selecting Alternative Sites for AB 2011 - Affordable The following suitability criteria was used to identify parcels listed in Table 6 under the Meets Suitability Criteria column: 1. AB 2011 Site Criteria: AB 2011 requires that alternative sites comply with Government Code Sec. 65912.111(b) through (f). 2. Opportunity Areas: Opportunity areas are sites located within a Specific Plan area or a General Plan Focus Area. The City has a made a concerted effort over the past 10 years to foster development activity, the creation of community amenities, and public service improvements into these areas. These areas stand to provide improved access to opportunities into the future. 3. Access to Public Transit: Site is located within a high quality transit area. 4. Existing Use: Uses that are similar to those that have been previously recycled in surrounding communities (e.g., industrial uses, shopping centers and retail stores, office complexes, standalone restaurants and retail uses, and single-family buildings). 5. Year: Structure was built prior to 1985 (over 40 years of age), making redevelopment of the site more probable. 6. Building/Land Value: Property improvement value is less than half of the land value (ratio is less than 1.00). AB 2011 (Affordable) requires that all alternative sites comply with Government Code Sec. 65912.111(b) through (f). All sites identified in Table 6 below have been reviewed by HCD staff and determined to comply with the aforementioned Government Code section. The detailed site and environmental criteria analysis of the alternative sites is provided separately. The alternative sites are within or near a specific plan area or General Plan Focus Area. These areas have been identified by the City for higher intensity development. These areas are also undergoing significant levels of reinvestment from both the City and the private sector. As such, they are opportune sites for redevelopment. Moreover, these areas provide housing opportunities for lower income residents in close proximity to amenities, jobs, resources, and mobility options. Alternative sites were also selected based on proximity to public transportation options. Housing near transit can be beneficial for low-income residents by allowing them to live in areas with opportunities without the costs of car ownership. Key sites with existing uses that are ripe for redevelopment typically contain older structures and are underutilized given the development potential afforded by the mixed -use development standards. Examples of existing uses on alternative sites include commercial uses, office, auto sales lots, structures with large surface parking lots, and single family residences. These align with uses identified in Table 3 and Table 4 which list housing/mixed-use projects in the City and region, including affordable housing, which have recently been entitled, are under construction, or completed. The average building age forthe sites is over 65 years old. The lifespan of a commercial building on average ranges from 50 to 60 years, depending on the preservation techniques employed by the owner and the 13 City Council 30 — 133 12/17/2024 way the building is utilized. Most commercial buildings need an overhaul after 20 or more years to keep the building in suitable condition. Determining whether reinvestment to the properties has occurred recently involves reviewing both the building -to -land value ratio and building age. The ratio is calculated by comparing the building improvement value (the value of improvements to the structure of the building) to the land value. These numbers are derived from the Orange County Assessor Department and are the assessed values for determining property taxes. To calculate assessed property values, all building improvement information from jurisdictions are sent to the Orange County Assessor Department during the building permitting process. If the building -to -land value ratio is less than one, it means that the building improvements are worth less than the property value. If building improvements are relatively new or the building is newer, typically a building -to- land value ratio can easily go above 2.0 to as high as 10.0. If the ratio is below one, or even below 0.5, it is a clear sign that there has not been recent building improvements to improve the condition. If the property has a low building -to -land value ratio with building over 50 years old, it is likely that building has not improved and deterioration may be occurring to structure, including to the fagade, decline of the roof, and equipment and services (e.g., space and heating, ductwork, electrical work, etc.). Table 6 summarizes the sites identified as alternative parcels, which can facilitate a total surplus capacity of 5,853 units. It also identifies if the site meets the suitability criteria for non -vacant sites. These sites comply with AB 2011 site criteria, are located with opportunity areas, have access to public transportation, contain existing commercial and/or residential uses that are of marginal economic viability, are at or near the end of their useful life, and/orthe existing intensity of development is substantially lowerthan allowed by existing zoning. The criteria thresholds selected are based on regional trends for redevelopment of residential and mixed -use development. Additionally, sites that are smaller than 0.5 acres have multiple parcels that are adjacent to each other and are appropriate for consolidation into larger development projects, achieving a lot size of at least 0.5 acres. These sites have common ownership, function as a part of a larger site currently, such as a commercial building with an adjacent parking lot, and/or are significantly underutilized and have been identified for potential projects. For the purpose of calculating the net surplus capacity as shown in Table 6, individual parcels that make up a larger development site were aggregated and assigned a site identifier expressed by a number. The site identifier is shown in the column on the far left of Table 6 titled Lot Consolidation. These are sites that would require lot consolidation to occur to develop at the rates expressed in the table. Those parcels that do not have a Lot Consolidation number, could be developed without lot consolidation and do not include a Lot Consolidation number. The City's General Plan Land Use Element indicates that when calculating the number of units permitted on a site based on permitted residential densities, the total number of units permitted shall be rounded down in any case where a fraction of a unit is permissible. For sites with a Lot Consolidation number, the total area of each parcel comprising the development site was aggregated before being multiplied bythe permitted density. The product of the density calculation was then rounded down, as is required by the City's General Plan, and included in the Net Surplus Capacity (consolidated and round down) column. MainPlace Mall Site The net surplus capacities for the MainPlace Mall site, Affordable Alternative/Upzoned Map ID Nos. 19- 25 and Mixed -Income Alternative/Upzoned Map ID Nos. 18-24 in Table 6 and Table 7 below, utilize a 14 City Council 30 — 134 12/17/2024 similar approach outlined above. The total area of each parcel comprising the development site was aggregated before being multiplied by the permitted density. The product of the density calculation was then rounded down, as is required by the City's General Plan, and included in the Net Surplus Capacity. However, three of the seven parcels that make up the site (Affordable Alternative/Upzoned Map ID Nos. 20, 22, and 25; and Mixed -Income Alternative/Upzoned Map ID Nos. 19, 21, and 24) are entirely within the 500-foot freeway buffer. While AB 2011 does not permit housing to be developed within this area, the unit capacities derived by calculating the lot size multiplied by the base density allowances can be accommodated elsewhere on the development site, which includes approximately 27 acres of land that is outside of the freeway buffer area, that if developed alone at the base density of 90 dwelling units per acre could yield approximately 2,430 units at minimum. Through site planning and design, the site can be developed in accordance with AB 2011. Moreover, a majority of the site is owned by one entity and it largely functions as part of integrated center currently. As such, the parcels within the freeway buffer that are part of the MainPlace Mall site will be included in Table 6 and Table 7 below, as part of the calculations for the integrated development site and identified with a Lot Consolidation number. 15 City Council 30 — 135 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Net Surplus Lot Consolidation MAP ID APN Existing Use Zone GP Designation GP Max. Density (units/acre) Building Building/Land Meets Suitability Parcel Size acres Capacity (consolidated Awe Value Criteria and rounded down 70 005-184-01 SP3 DC-1 90 47 Meets 0.17 71 005-184-02 SP3 DC-1 90 47 0.17 Criteria 1, Criteria 2, Criteria 3, 72 005-184-03 SP3 DC-1 90 74 0.14 73 005-184-04 SP3 DC-1 90 56 0.15 Criteria 4, 77 005-184-14 SP3 DC-1 90 56 0.15 10 Parking Lot 0.002 Criteria 5, 113 and Criteria 6; buildings 78 005-184-15 SP3 DC-1 90 60 0.15 82 005-184-29 SP3 DC-1 90 between 47 and 74 years 0.16 old 83 005-184-30 SP3 DC-1 90 56 0.17 76 005-184-10 SP3 DC-1 90 94 Meets 0.32 Criteria 1, Criteria 2, Criteria 3, 20 005-184-25 Office SP3 DC-1 90 101 0.76 Criteria 4, Criteria 5, 0.64 86 and Criteria 6; buildings over 94 79 years old 940 398-455-02 R2 UN-40 40 114 Meets 0.15 941 398-455-03 R2 UN-40 40 42 0.15 Criteria 1, 942 398-455-04 Religious R2 UN-40 40 112 Criteria 2, 0.14 21 Facility/Multiple Detached 0.11 Criteria 3, Criteria 4, 34 943 398-455-05 R2 UN-40 40 61 0.13 944 398-455-06 R2 UN-40 40 123 0.07 Residential Units Criteria 5, and Criteria 945 398-455-07 R2 UN-40 40 62 0.07 6; buildings 946 398-455-08 R2 UN-40 40 58 0.13 16 City Council 30 — 136 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Net Surplus Lot Consolidation MAP ID APN Existing Use Zone GP Designation GP Max. Density (units/acre) Building Building/Land Meets Suitability Parcel Size acres Capacity (consolidated Awe Value Criteria and rounded down 947 398-455-09 R2 UN-40 40 104 over 42 0.13 years old 948 398-455-10 R2 UN-40 40 116 0.14 949 398-455-11 R2 UN-40 40 116 0.28 74 005-184-07 SP3 DC-1 90 69 Meets 0.17 Criteria 1,Criteria 2, Criteria 3, 30 005-184-08 Office SP3 DC-1 90 64 0.51 Criteria 4, Criteria 5, 0.49 59 and Criteria 6; buildings over 64 75 years old 953 398-456-04 R2 UN-40 40 Meets 0.14 Criteria 1,Criteria 21 954 398-456-05 R2 UN-40 40 120 0.14 955 398-456-06 R2 UN-40 40 120 0.14 31 Religious Facility/Detached Residential Unit 0.04 Criteria 3, Criteria 4, Criteria 5, and Criteria 32 956 398-456-07 R2 UN-40 40 108 0.14 957 398-456-08 R2 UN-40 40 109 0.13 6; buildings 398-456-09 R2 UN-40 40 114 over 108 0.13 958 years old 84 005-185-27 SP3 DC-1 90 102 Meets 0.28 Criteria 86 005-185-34 SP3 DC-1 90 100 1,Criteria 2, 0.65 40 Office/School 1.93 Criteria 3,188 Criteria 4, Criteria 5, and Criteria 87 005-185-37 SP3 DC-1 90 46 6; buildings 1.16 17 City Council 30 — 137 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Net Surplus Lot Consolidation MAP ID APN Existing Use Zone GP Designation GP Max. Density (units/acre) Building Building/Land Meets Suitability Parcel Size acres Capacity (consolidated Awe Value Criteria and rounded down over46 years old 1025 398-562-01 SP3 DC-1 90 53 Meets 1.55 Criteria 1,Criteria 2, Criteria 3, 41 Office 7.13 Criteria 4, 144 and Criteria 5; buildings over 53 1026 398-562-02 SP3 DC-1 90 54 years old 0.06 88 007-161-02 R2 CR-30 30 57 0.13 89 007-161-03 R2 CR-30 30 107 0.13 90 007-161-04 R2 CR-30 30 99 0.13 Meets 91 007-161-05 R2 CR-30 30 79 0.14 Criteria 50 Multiple Detached Residential Units 0.29 1,Criteria 2, Criteria 3, Criteria 4, Criteria 5, and Criteria 21 92 007-161-06 R2 CR-30 30 58 0.14 93 007-161-07 R2 CR-30 30 101 0.05 94 007-161-08 R2 CR-30 30 62 0.08 95 007-161-09 R2 CR-30 30 74 6; buildings 0.13 96 007-161-10 R2 CR-30 30 52 over52 0.13 97 007-161-11 R2 CR-30 30 102 years old 0.14 98 007-161-12 R2 CR-30 30 98 0.13 99 007-161-13 R2 CR-30 30 74 0.13 1027 398-562-06 SP3 DC-1 90 64 Meets 0.67 51 School/Parkin g Lots 3.15 Criteria 1,Criteria 2, Criteria 3, 229 1028 398 562-09 SP3 DC 1 90 62 0.38 1029 398-562-10 SP3 DC-1 90 54 Criteria 4, 1.5 18 City Council 30 — 138 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Lot Consolidation MAP ID APN Existing Use Zone GP Designation GP Max. Density (units/acre) Building Building/Land Meets Suitability Parcel Size acres Net Surplus Capacity (consolidated Awe Value Criteria and rounded down and Criteria 5; buildings over 54 years old 60 105 007-163-02 Multiple Detached Residential Units R2 CR-30 30 106 0.25 Meets Criteria 1,Criteria 21 Criteria 3, Criteria 41 Criteria 5, and Criteria 6; buildings over46 years old 0.14 36 106 007-163-03 R2 CR-30 30 56 0.14 107 007-163-04 R2 CR-30 30 76 0.13 108 007-163-05 R2 CR-30 30 61 0.13 109 007-163-07 R2 CR-30 30 57 0.15 110 007-163-08 R2 CR-30 30 46 0.14 111 007-163-10 R2 CR-30 30 114 0.13 112 007-163-11 R2 CR-30 30 63 0.13 113 007-163-12 R2 CR-30 30 112 0.13 114 007-163-13 R2 CR-30 30 101 0.13 115 007-163-14 R2 CR-30 30 99 0.15 116 007-163-15 R2 CR-30 30 78 0.13 117 007-163-16 R2 CR-30 30 99 0.13 118 007-163-17 R2 CR-30 30 97 0.14 119 007-163-18 R2 CR-30 30 107 0.15 120 007-163-19 R2 CR-30 30 95 0.13 121 007-163-21 R2 CR-30 30 112 0.15 122 007-163-22 R2 CR-30 30 67 0.13 70 100 007-162-01 Religious Facility/Multiple R2 CR-30 30 101 0.61 Meets Criteria 1,Criteria 2, 0.28 12 101 007-162-03 R2 CR-30 30 102 0.14 102 007-162-04 R2 CR-30 30 84 0.11 19 City Council 30 — 139 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Net Surplus Lot Consolidation MAP ID APN Existing Use Zone GP Designation GP Max. Density (units/acre) Building Building/Land Meets Suitability Parcel Size acres Capacity (consolidated Awe Value Criteria and rounded down 103 007-162-05 Detached R2 CR-30 30 34 Criteria 3, 0.17 Residential Units Criteria 4, Criteria 5, and Criteria 007-162-06 R2 CR-30 30 52 6; buildings 0.14 nearorover 104 40 years old 123 007-164-01 R2 CR-30 30 37 Meets 0.29 Criteria 1, Criteria 2, 124 007 164-02 R2 CR 30 30 24 0.14 80 007-164-03 Multiple Detached Residential Units R2 CR-30 30 101 0.56 Criteria 3, Criteria 4, and Criteria 6; buildings 0.14 8 nearorover 30 years o I d 125 or 128 007-183-01 R1 UN-30 30 23 Meets 0.15 Criteria 1, Criteria 2, 129 007-183-02 R1 UN-30 30 23 0.15 130 007-183-03 R1 UN-30 30 104 0.15 90 Multiple Detached Residential Units 0.34 Criteria 3, Criteria 4, Criteria 5, and Criteria 17 131 007-183-04 R1 UN-30 30 23 0.15 007-183-05 R1 UN-30 30 102 6; buildings 0.15 near 100 132 years old 1279 405-176-01 R3 CR-30 30 32 Meets 0.52 91 Multiple Detached 0.52 Criteria 1, Criteria 21 35 1280 405-176-02 R2 CR-30 30 101 0.14 1281 405-176-03 Residential Units R2 CR-30 30 76 Criteria 3, 0.14 1282 405-176-04 R2 CR-30 30 84 0.14 Criteria 4, 20 City Council 30 — 140 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Lot Consolidation MAP ID APN Existing Use Zone GP Designation GP Max. Density (units/acre) Building Building/Land Meets Suitability Parcel Size acres Net Surplus Capacity (consolidated Awe Value Criteria and rounded down 1283 405-176-05 R2 CR-30 30 59 Criteria 5, and Criteria 6; most buildings near100 years old 0.14 1284 405-176-06 R2 CR-30 30 101 0.14 1285 405-176-07 R2 CR-30 30 101 0.14 1286 405-176-08 R2 CR-30 30 103 0.14 1287 405-176-09 R2 CR-30 30 78 0.14 1288 405-176-10 R2 CR-30 30 101 0.14 1289 405-176-11 R2 CR-30 30 102 0.14 1290 405-176-12 R2 CR-30 30 102 0.14 1291 405-176-13 R2 CR-30 30 101 0.14 1292 405-176-14 R2 CR-30 30 10 0.14 100 133 007-183-10 Multiple Detached Residential Units R2 UN-30 30 106 0.31 Meets Criteria 11 Criteria 2, Criteria 3, Criteria 4, Criteria 5, and Criteria 6; buildings years o d 0.15 15 134 007-183-12 R2 UN-30 30 55 0.15 135 007-183-13 R2 UN-30 30 95 0.15 136 007-183-14 R2 UN-30 30 126 0.15 137 007-183-15 R2 UN-30 30 47 0.15 138 007-183-19 R2 UN-30 30 69 0.15 139 007-183-20 R2 UN-30 30 61 0.15 110 147 007-201-04 Multiple Detached Residential Units R2 CR-30 30 112 0.14 Meets Criteria 1, Criteria 2, Criteria 3, Criteria 4, Criteria 5, and Criteria 6; buildings 0.14 9 148 007-201-06 R2 CR-30 30 77 0.11 149 007-201-07 R2 CR-30 30 99 0.11 151 007-201-17 R2 CR-30 30 100 0.14 152 007-201-18 R2 CR-30 30 100 0.14 21 City Council 30 — 141 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Net Surplus Lot Consolidation MAP ID APN Existing Use Zone GP Designation GP Max. Density (units/acre) Building Building/Land Meets Suitability Parcel Size acres Capacity (consolidated Awe Value Criteria and rounded down over 75 years old 174 008-082-16 R2 UN-30 30 104 Meets 0.14 Criteria 1, Criteria 2, 175 008-082-17 R2 UN-30 30 111 0.14 Multiple Criteria 3, 120 Detached 0.06 Criteria 4, 6 176 008-082-18 Residential Units R2 UN-30 30 111 Criteria 5; 0.14 buildings over 100 years old Meets Criteria 1, Criteria 2, 124 1339 412-031-03 Multiple -family Residential R4 UN-30 30 54 0.57 Criteria 3, Criteria 5, and Criteria 5.64 84 6; building over 50 years old 183 008-091-01 SP1 UN-30 30 0.27 Meets 184 008-091-02 SP1 UN-30 30 Criteria 1, 0.15 185 008-091-03 R2 UN-30 30 100 Criteria 2, 0.15 186 008-091-04 R2 UN-30 30 112 0.15 130 Vacant/Multiple Detached Residential Units 0.40 Criteria 3, Criteria 4, Criteria 5, and Criteria 57 187 008-091-05 R2 UN-30 30 10 0.15 188 008-091-06 R2 UN-30 30 111 0.15 189 008-091-14 SP1 UN-30 30 6; buildings 0.15 near 100 190 1 008-091-15 SP1 UN-30 30 108 years old 0.15 191 008-091-16 SP1 UN-30 30 110 0.15 22 City Council 30 — 142 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Lot Consolidation MAP ID APN Existing Use Zone GP Designation GP Max. Density (units/acre) Building Building/Land Meets Suitability Parcel Size acres Net Surplus Capacity (consolidated Awe Value Criteria and rounded down 192 008-091-17 SP1 UN-30 30 63 0.15 193 008-091-18 SP1 UN-30 30 87 0.15 194 008-091-19 R2 UN-30 30 114 0.15 140 342 011-154-20 Multiple -family Residential R3 UN-40 40 65 0.31 Meets Criteria 1, Criteria 2, Criteria 5, and Criteria 6; buildings over 40 years old 0.28 113 343 011-154-21 R3 UN-40 40 41 0.26 344 011-154-22 R3 UN-40 40 44 0.37 345 011-154-23 R3 UN-40 40 67 0.32 346 011-154-24 R3 UN-40 40 65 0.72 347 011-154-25 R3 UN-40 40 67 0.65 348 011-154-33 R3 UN-40 40 52 0.24 174 20 002-210-48 Commercial SP4 DC-2.1 90 0.09 Meets Criteria 1, Criteria 2, Criteria 3, and Criteria 6; building 34 years o I d 4.48 983 22 002-221-30 SP4 DC-2.1 90 34 3.28 25 002-222-01 SP4 DC-2.1 90 3.17 190 555 398-015-01 Office SP3 DC-1 90 111 3.09 Meets Criteria 1, Criteria 2, Criteria 31 Criteria 4, Criteria 5; buildings near or over 60 years old 0.13 123 556 398-015-02 SP3 DC-1 90 73 0.13 557 398-015-03 SP3 DC-1 90 59 0.13 558 398-015-04 SP3 DC-1 90 58 0.98 200 564 398-022-10 Office SP3 DC-1 90 102 0.33 Meets Criteria 1, Criteria 2, 0.91 153 1359 398-022-12 SP3 DC-1 90 63 0.8 23 City Council 30 — 143 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Net Surplus Lot Consolidation MAP ID APN Existing Use Zone GP Designation GP Max. Density (units/acre) Building Building/Land Meets Suitability Parcel Size acres Capacity (consolidated Awe Value Criteria and rounded SL MI down Criteria 3, Criteria 4, Criteria 5, and Criteria 6; buildings over 60 years old 652 398-231-01 SP3 DC-1 90 94 Meets 0.13 Criteria 1, Criteria 2, 653 398-231-02 SP3 DC-1 90 89 0.13 654 398-231-03 SP3 DC-1 90 66 0.13 Criteria 3, 655 398-231-06 SP3 DC-1 90 118 0.22 220 Office and Commercial 0.42 Criteria 4, Criteria 5, 113 656 398-231-07 SP3 DC-1 90 and Criteria 0.22 6; buildings 657 398-231-08 SP3 DC-1 90 39 0.43 over65 years old 85 005-185-29 SP3 DC-1 90 68 Meets 1.25 Criteria 1, 686 398-244-01 SP3 DC-1 90 Criteria 2, 0.2 Criteria 3, 230 Commercial 1.97 Criteria 4, 157 Criteria 5; 687 398-244-02 SP3 DC-1 90 107 buildings 0.3 over 65 years old 889 398-384-09 R2 UN-40 40 62 Meets 0.26 240 Vacant 0.01 Criteria 1, Criteria 2, Criteria 3, 20 890 398-384-11 R2 UN-40 40 51 0.14 891 398-384-12 R2 UN-40 40 111 0.14 Criteria 4, 892 398-384-15 R2 UN-40 40 Criteria 5, 0.28 24 City Council 30 — 144 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Net Surplus Lot MAP GP GP Max. Building Building/Land Meets Parcel Capacity APN Existing Use Zone Density Suitability Size (consolidated Awe Value Consolidation ID Designation (units/acre) acres Criteria and rounded SL MI down and Criteria 6; buildings over 50 years old Meets 80 005 184 26 Parking Lot SP3 DC-1 90 22 2.36 Criteria 1,0.87 78 Criteria 2, Criteria 3 Meets Criteria 1, Criteria 2, 81 005-184-27 Office SP3 DC-1 90 76 1.06 Criteria 3, 0.81 72 Criteria 4, Criteria 5; building over 75 years old Meets Criteria 1, Criteria 2, 153 007-201-28 Residential R2 CR-30 30 10 0.68 Criteria 3, 0.12 1 Criteria 4, and Criteria 6 Meets Criteria 1, 340 011-154-01 Commercial C2 UN-40 40 64 1.01 Criteria 2, 0.49 19 Criteria 4; building over 60 years old Multiple -family Meets 352 011-154-43 Residential SD89 UN-40 40 5 2.83 Criteria 1 2.16 86 25 City Council 30 — 145 12/17/2024 TABLE 6 AB 2011 - Affordable Alternative Sites Net Surplus Lot MAP GP GP Max. Building Building/Land Meets Parcel Capacity APN Existing Use Zone Density Suitability Size (consolidated Awe Value Consolidation ID Designation (units/acre) acres Criteria and rounded down and Criteria 2 Meets Criteria 1, Multiple -family Criteria 2, 547 396-361-02 Residential R4 UN-30 30 54 4.84 Criteria 4, 6.35 146 Criteria 5; building over 50 years old Meets Criteria 1, Criteria 2, 551 398 011 01 Office SP3 DC-1 90 75 4.41 Criteria 3,1.96 176 Criteria 4, Criteria 5; building over 75 years old Meets Criteria 1, Criteria 2, Criteria 3, 563 398-021-01 Mortuary SP3 DC-1 90 99 0.74 Criteria 5 0.76 68 and Criteria 6; building near 100 years old Meets Criteria 1, Criteria 2,3.96 1125 402 222 04 Office R3 DC-3 90 1 0.00 356 Criteria 4, and Criteria 6 City Council 30 — 146 12/17/2024 TABLE 6 AB 2011 - Afforda6le Alternative Sites Net Surplus Lot MAP GP GP Max. Building Building/Land Meets Parcel Capacity APN Existing Use Zone Density Suitability Size (consolidated Awe Value Consolidation ID Designation (units/acre) acres Criteria and rounded MI down Meets Criteria 1, Criteria 2, 430-221-14 Commercial M1 DC-2 90 39 1.06 Criteria 4, 2.79 251 Criteria 5; building near 1347 40 years old Meets Criteria 1, Live/Work and Criteria 2, 005-185-30 Parking Lot SP3 DC-1 90 59 3.00 Criteria 3; 1.36 122 building over 1394 55 years old IL TOTAL L.71.74 4,222 27 City Council 30 — 147 12/17/2024 Criteria for Selecting Alternative Sites for AB 2011 — Mixed -Income Alternative sites for AB 2011— Mixed -Income can support market rate multi -family development at ranges between 30 and 125 dwelling units per acre. Alternative sites for AB 2011 - Mixed -Income are located within or near a specific plan area or General Plan Focus Area. These areas have been identified by the City for higher intensity development. These areas are also undergoing significant levels of reinvestment from both the City and the private sector. As such, they are opportune sites for redevelopment. Moreover, these areas provide housing opportunities for lower income residents in close proximity to amenities, jobs, resources, and mobility options. AB 2011 (Mixed -Income) requires that all alternative sites comply with Government Code Sec. 65912.121(b) through (f). All sites identified in Table 7 below have been reviewed by HCD staff and determined to comply with the aforementioned Government Code section. A detailed site and environmental criteria analysis of the alternative sites is provided separately. W City Council 30 — 148 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP — Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Consolidated Site Net Surplus Capacity Rounded Down Capacity (Consolidated units acre Site 6 534 398-235-03 Parking Lot SD84 DC-3 90 0.14 80 19.2 19 535 398-235-04 SD84 DC-3 90 0.13 80 536 398-235-05 SD84 DC-3 90 0.21 80 7 703 398-334-01 Detached Residential Units SD84 UN-30 30 0.14 80 84.4 84 704 398-334-02 SD84 UN-30 30 0.14 80 705 398-334-05 SD84 UN-30 30 0.43 80 706 398-334-07 SD84 UN-30 30 0.72 80 8 867 398-591-08 Parking Lot/Commercial SD84 DC-3 90 0.09 80 19.2 19 868 398-591-09 SD84 DC-3 90 0.17 80 869 398-591-10 SD84 DC-3 90 0.22 80 10 63 005-184-01 ParkingLot SP3 DC-1 90 0.17 80 113.4 113 64 005-184-02 SP3 DC-1 90 0.17 80 65 005-184-03 SP3 DC-1 90 0.14 80 66 005-184-04 SP3 DC-1 90 0.15 80 70 005-184-14 SP3 DC-1 90 0.15 80 71 005-184-15 SP3 DC-1 90 0.15 80 75 005-184-29 SP3 DC-1 90 0.16 80 76 005-184-30 SP3 DC-1 90 0.17 80 17 707 398-337-01 SD84 UN-30 30 0.14 80 35 35 29 City Council 30 — 149 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 708 398-337-02 Parking Lots/Detached Residential Units SD84 UN-30 30 0.14 80 709 398-337-03 SD84 UN-30 30 0.14 80 710 398-337-04 SD84 UN-30 30 0.14 80 711 398-337-05 SD84 UN-30 30 0.14 80 18 879 398-593-07 Office SD84 DC-3 90 0.43 80 26 26 880 398-593-08 SD84 DC-3 90 0.22 80 20 69 005-184-10 Lodge/Office SP3 DC-1 90 0.32 80 86.4 86 72 005-184-25 SP3 DC-1 90 0.64 80 21 818 398-455-01 Religious Facility/Detached Residential Units C2 UN-40 40 0.49 80 167.15 167 819 398-455-02 R2 UN-40 40 0.15 80 820 398-455-03 R2 UN-40 40 0.15 80 821 398-455-04 R2 UN-40 40 0.14 80 822 398-455-05 R2 UN-40 40 0.13 80 823 398-455-06 R2 UN-40 40 0.07 80 824 398-455-07 R2 UN-40 40 0.07 80 825 398-455-08 R2 UN-40 40 0.13 80 826 398-455-09 R2 UN-40 40 0.13 80 827 398-455-10 R2 UN-40 40 0.14 80 828 398-455-11 R2 UN-40 40 0.28 80 829 398-455-16 C2 UN-40 40 0.47 80 26 541 398-237-01 SD84 UN-30 30 0.44 80 67.5 67 30 City Council 30 — 150 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 542 398-237-02 Hall/Detached Residential SD84 UN-30 30 0.13 80 543 398-237-03 SD84 UN-30 30 0.06 80 544 398-237-04 SD84 UN-30 30 0.20 80 545 398-237-05 SD84 UN-30 30 0.52 80 27 712 398-338-01 Detached Residential Unit SD84 UN-30 30 0.09 80 7.5 7 713 398-338-09 SD84 UN-30 30 0.06 80 28 895 400-041-04 Office/Parking Lots P DC-3 90 2.01 60 267.3 267 896 400-041-05 P DC-3 90 0.96 30 30 67 005-184-07 Office SP3 DC-1 90 0.17 80 59.4 59 68 005-184-08 SP3 DC-1 90 0.49 80 31 830 398-456-02 Religious Facility/Detached Residential Units C2 UN-40 40 0.13 80 91.2 91 831 398-456-03 C2 UN-40 40 0.14 80 832 398-456-04 R2 UN-40 40 0.14 80 833 398-456-05 R2 UN-40 40 0.14 80 834 398-456-06 R2 UN-40 40 0.14 80 835 398-456-07 R2 UN-40 40 0.14 80 836 398-456-08 R2 UN-40 40 0.13 80 837 398-456-09 R2 UN-40 40 0.13 80 841 398-456-19 C2 UN-40 40 0.05 80 37 727 398-371-15 SD84 UN-30 30 0.19 80 127.5 127 31 City Council 30 — 151 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 728 398-371-16 Multiple Detached Residential Units SD84 UN-30 30 0.14 80 729 398-371-17 SD84 UN-30 30 0.14 80 730 398-371-18 SD84 UN-30 30 0.14 80 731 398-371-19 SD84 UN-30 30 0.14 80 732 398-371-20 SD84 UN-30 30 0.14 80 733 398-371-21 SD84 UN-30 30 0.14 80 734 398-371-22 SD84 UN-30 30 0.14 80 735 398-371-23 SD84 UN-30 30 0.14 80 736 398-371-24 SD84 UN-30 30 0.14 80 737 398-371-25 SD84 UN-30 30 0.15 80 738 398-371-26 SD84 UN-30 30 0.13 80 739 398-371-27 SD84 UN-30 30 0.14 80 740 398-371-28 SD84 UN-30 30 0.14 80 741 398-371-29 SD84 UN-30 30 0.14 80 742 398-371-30 SD84 UN-30 30 0.14 80 743 398-371-31 SD84 UN-30 30 0.14 80 744 398-371-32 SD84 UN-30 30 0.12 80 38 898 400-042-04 Office/ParkingLot P DC-3 90 1.53 60 137.7 137 40 77 005-185-27 Office/School SP3 DC-1 90 0.28 80 188.1 188 79 005-185-34 SP3 DC-1 90 0.65 80 32 City Council 30 — 152 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 80 005-185-37 SP3 DC-1 90 1.16 80 41 860 398-562-01 Office SP3 DC-1 90 1.55 80 144.9 144 861 398-562-02 SP3 DC-1 90 0.06 80 43 518 398-221-24 Office P UN-30 30 1.67 80 176.8 176 519 398-221-26 P UN-30 30 0.23 80 520 398-221-27 P UN-30 30 0.21 80 521 398-221-28 P UN-30 30 0.10 80 47 750 398-372-04 Multiple Detached Residential Units SD84 UN-30 30 0.14 80 49.5 49 751 398-372-05 SD84 UN-30 30 0.14 80 752 398-372-06 SD84 UN-30 30 0.14 80 753 398-372-07 SD84 UN-30 30 0.14 80 754 398-383-01 SD84 UN-30 30 0.14 80 755 398-383-02 SD84 UN-30 30 0.14 80 756 398-383-03 SD84 UN-30 30 0.15 80 48 900 400-043-04 Office/Parking Lots P DC-3 90 0.36 30 151.2 151 901 400-043-06 P DC-3 90 1.32 60 50 81 007-161-02 Multiple Detached Residential Units R2 CR-30 30 0.13 80 94.9 94 82 007-161-03 R2 CR-30 30 0.13 80 83 007-161-04 R2 CR-30 30 0.13 80 84 007-161-05 R2 CR-30 30 0.14 80 85 007-161-06 R2 CR-30 30 0.14 80 33 City Council 30 — 153 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 86 007-161-07 R2 CR-30 30 0.05 80 87 007-161-08 R2 CR-30 30 0.08 80 88 007-161-09 R2 CR-30 30 0.13 80 89 007-161-10 R2 CR-30 30 0.13 80 90 007-161-11 R2 CR-30 30 0.14 80 91 007-161-12 R2 CR-30 30 0.13 80 92 007-161-13 R2 CR-30 30 0.13 80 51 862 398-562-06 School/Parking Lots SP3 DC-1 90 0.67 80 229.5 229 863 398-562-09 SP3 DC-1 90 0.38 80 864 398-562-10 SP3 DC-1 90 1.50 80 56 559 398-252-07 Office SD84 DC-3 90 1.70 80 68 68 57 775 398-385-06 Vacant/Multiple Detached Residential Units SD84 UN-40 40 0.15 80 17.6 17 776 398-385-07 SD84 UN-40 40 0.15 80 777 398-385-08 SD84 UN-40 40 0.14 80 60 98 007-163-02 Multiple Detached Residential Units R2 CR-30 30 0.14 80 159.9 159 99 007-163-03 R2 CR-30 30 0.14 80 100 007-163-04 R2 CR-30 30 0.13 80 101 007-163-05 R2 CR-30 30 0.13 80 102 007-163-07 R2 CR-30 30 0.15 80 103 007-163-08 R2 CR-30 30 0.14 80 104 007-163-10 R2 CR-30 30 0.13 80 34 City Council 30 — 154 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 105 007-163-11 R2 CR-30 30 0.13 80 106 007-163-12 R2 CR-30 30 0.13 80 107 007-163-13 R2 CR-30 30 0.13 80 108 007-163-14 R2 CR-30 30 0.15 80 109 007-163-15 R2 CR-30 30 0.13 80 110 007-163-16 R2 CR-30 30 0.13 80 111 007-163-17 R2 CR-30 30 0.14 80 112 007-163-18 R2 CR-30 30 0.15 80 113 007-163-19 R2 CR-30 30 0.13 80 114 007-163-21 R2 CR-30 30 0.15 80 115 007-163-22 R2 CR-30 30 0.13 80 61 918 400-062-03 Office/Parking Lots P U N-40 40 0.48 30 19.2 10.2 19 64 1080 410-401-05 Plant Nursery C2 UN-30 30 0.34 30 10 66 561 398-254-01 Office/Parking Lot SD84 DC-3 90 0.43 80 26.8 26 562 398-254-02 SD84 DC-3 90 0.24 80 67 778 398-386-07 Detached Residential Units SD84 UN-30 30 0.11 80 12.5 12 779 398-386-08 SD84 UN-30 30 0.14 80 68 905 400-051-05 OfficeLot rking P DC-3 90 0.90 30 207.9 207 949 400-051-12 P DC-3 90 0.95 30 908 400-051-13 P DC-3 90 0.46 30 35 City Council 30 — 155 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 70 93 007-162-01 Religious Facility/Multiple Detached Residential Units R2 CR-30 30 0.28 80 54.6 54 94 007-162-03 R2 CR-30 30 0.14 80 95 007-162-04 R2 CR-30 30 0.11 80 96 007-162-05 R2 CR-30 30 0.17 80 97 007-162-06 R2 CR-30 30 0.14 80 74 1090 410-411-21 Office/ParkingLot C2 UN-30 30 2.10 30 63.0 62 78 906 400-051-06 Office/ParkingLot P DC-3 90 1.65 60 148.5 148 80 116 007-164-01 Multiple Detached Residential Units R2 CR-30 30 0.29 80 37.05 37 117 007-164-02 R2 CR-30 30 0.14 80 118 007-164-03 R2 CR-30 30 0.14 80 86 578 398-257-11 ParkingLot SD84 DC-3 90 0.28 80 11.2 11 87 803 398-441-31 Commercial C2 UN-40 40 0.08 30 3.2 3 90 121 007-183-01 Multiple Detached Residential Units R1 UN-30 30 0.15 80 54.75 54 122 007-183-02 R1 UN-30 30 0.15 80 123 007-183-03 R1 UN-30 30 0.15 80 124 007-183-04 R1 UN-30 30 0.15 80 125 007-183-05 R1 UN-30 30 0.15 80 91 1050 405-176-01 Multiple Detached Residential Units R3 CR-30 30 0.52 80 141.7 141 1051 405-176-02 R2 CR-30 30 0.14 80 1052 405-176-03 R2 CR-30 30 0.14 80 W. City Council 30 — 156 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 1053 405-176-04 R2 CR-30 30 0.14 80 1054 405-176-05 R2 CR-30 30 0.14 80 1055 405-176-06 R2 CR-30 30 0.14 80 1056 405-176-07 R2 CR-30 30 0.14 80 1057 405-176-08 R2 CR-30 30 0.14 80 1058 405-176-09 R2 CR-30 30 0.14 80 1059 405-176-10 R2 CR-30 30 0.14 80 1060 405-176-11 R2 CR-30 30 0.14 80 1061 405-176-12 R2 CR-30 30 0.14 80 1062 405-176-13 R2 CR-30 30 0.14 80 1063 405-176-14 R2 CR-30 30 0.14 80 94 1094 410-421-04 Office/Parking Lot C2 UN-30 30 1.52 60 205.2 205 1095 410-421-05 C2 UN-30 30 1.90 60 96 579 398-258-01 Office/Commerci al SD84 DC-3 90 0.27 80 28 28 580 398-258-02 SD84 DC-3 90 0.14 80 586 398-258-10 SD84 DC-3 90 0.09 80 587 398-258-11 SD84 DC-3 90 0.20 80 97 805 398-451-04 Multiple Detached Residential Units SD84 UN-30 30 0.14 80 12.5 12 806 398-451-06 SD84 UN-30 30 0.11 80 100 126 007-183-10 R2 UN-30 30 0.15 80 68.25 68 37 City Council 30 — 157 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 127 007-183-12 Multiple Detached Residential Units R2 UN-30 30 0.15 80 128 007-183-13 R2 UN-30 30 0.15 80 129 007-183-14 R2 UN-30 30 0.15 80 130 007-183-15 R2 UN-30 30 0.15 80 131 007-183-19 R2 UN-30 30 0.15 80 132 007-183-20 R2 UN-30 30 0.15 80 107 807 398-453-02 Vacant/Multiple Detached Residential Units SD84 UN-30 30 0.06 80 66.8 66 808 398-453-03 SD84 UN-30 30 0.14 80 809 398-453-04 SD84 UN-30 30 0.14 80 810 398-453-05 SD84 UN-40 40 0.14 80 811 398-453-06 SD84 UN-40 40 0.54 80 812 398-453-07 SD84 UN-40 40 0.14 80 813 398-453-08 SD84 UN-30 30 0.14 80 814 398-453-09 SD84 UN-30 30 0.14 80 815 398-453-10 SD84 UN-30 30 0.06 80 110 137 007-201-04 Multiple Detached Residential Units R2 CR-30 30 0.14 80 41.6 41 138 007-201-06 R2 CR-30 30 0.11 80 139 007-201-07 R2 CR-30 30 0.11 80 141 007-201-17 R2 CR-30 30 0.14 80 142 007-201-18 R2 CR-30 30 0.14 80 117 816 398-454-03 SD84 UN-30 30 0.14 80 24.2 24 38 City Council 30 — 158 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre deL Site AL 817 398-454-14 Vacant/Detached Residential Unit SD84 U N-40 40 0.43 80 120 162 008-082-16 Multiple Detached Residential Units R2 UN-30 30 0.14 80 27.3 27 163 008-082-17 R2 UN-30 30 0.14 80 164 008-082-18 R2 UN-30 30 0.14 80 124 1105 412-031-03 Multiple -family Residential R4 UN-30 30 5.64 80 366.6 366 130 171 008-091-01 Vacant/Multiple Detached Residential Units SP1 UN-30 30 0.27 80 142.35 142 172 008-091-02 SP1 UN-30 30 0.15 80 173 008-091-03 R2 UN-30 30 0.15 80 174 008-091-04 R2 UN-30 30 0.15 80 175 008-091-05 R2 UN-30 30 0.15 80 176 008-091-06 R2 UN-30 30 0.15 80 177 008-091-14 SP1 UN-30 30 0.15 80 178 008-091-15 SP1 UN-30 30 0.15 80 179 008-091-16 SP1 UN-30 30 0.15 80 180 008-091-17 SP1 UN-30 30 0.15 80 181 008-091-18 SP1 UN-30 30 0.15 80 182 008-091-19 R2 UN-30 30 0.15 80 136 609 398-267-05 Parking Lot/Commercial SD84 DC-3 90 0.08 80 19.6 19 610 398-267-06 SD84 DC-3 90 0.13 80 39 City Council 30 — 159 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 611 398-267-09 SD84 DC-3 90 0.28 80 140 281 011-154-20 Multiple -family Residential R3 UN-40 40 0.28 30 85.2 85 282 011-154-21 R3 UN-40 40 0.26 30 283 011-154-22 R3 UN-40 40 0.37 30 284 011-154-23 R3 UN-40 40 0.32 30 285 011-154-24 R3 UN-40 40 0.72 30 286 011-154-25 R3 UN-40 40 0.65 30 287 011-154-33 R3 UN-40 40 0.24 30 145 504 398-101-13 Multiple -family Residential SD84 DC-5 125 0.17 80 5.95 5 154 1231 412 141 10 Multiple-familyResidentialC4 DC-2 90 0.83 80 74.7 74 156 615 398-274-01 Parking Lot SD84 DC-3 90 0.14 80 11.6 11 616 398-274-02 SD84 DC-3 90 0.15 80 166 642 398-301-12 Multiple -family Residential SD84 UN-30 30 0.09 80 41 41 643 398-301-13 SD84 UN-30 30 0.18 80 644 398-301-16 SD84 UN-30 30 0.18 80 646 398-301-20 SD84 UN-30 30 0.37 80 174 19 002-210-48 Commercial SP4 DC-2.1 90 4.48 60 1519.2 1519 20 002-221-28 SP4 DC-2.1 90 2.94 60 21 002-221-30 SP4 DC-2.1 90 3.28 60 M City Council 30 — 160 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 22 002-221-51 SP4 DC-2.1 90 3.01 60 24 002-222-01 SP4 DC-2.1 90 3.17 60 176 649 398-302-02 Multiple -family Residential SD84 UN-30 30 0.08 80 21.5 21 653 398-302-14 SD84 UN-30 30 0.35 80 190 475 398-015-01 Office SP3 DC-1 90 0.13 80 123.3 123 476 398-015-02 SP3 DC-1 90 0.13 80 477 398-015-03 SP3 DC-1 90 0.13 80 478 398-015-04 SP3 DC-1 90 0.98 80 196 658 398-311-05 Detached Residential Units SD84 UN-30 30 0.11 80 5.5 5 200 481 398-022-10 Office SP3 DC-1 90 0.91 80 153.9 153 1124 398-022-12 SP3 DC-1 90 0.80 80 206 670 398-321-05 Parking Lot SD84 DC-3 90 0.29 80 27.6 27 671 398-321-07 SD84 DC-3 90 0.14 80 672 398-321-08 SD84 DC-3 90 0.26 80 216 675 398-324-02 Vacant/Multiple Detached Residential Units SD84 DC-3 90 0.29 80 56.8 56 676 398-324-03 SD84 DC-3 90 0.14 80 677 398-324-08 SD84 DC-3 90 0.14 80 678 398-324-09 SD84 DC-3 90 0.14 80 679 398-324-10 SD84 DC-3 90 0.14 80 680 398-324-12 SD84 DC-3 90 0.57 T 80 41 City Council 30 — 161 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 220 522 398-231-01 Commercial SP3 DC-1 90 0.13 80 113.4 113 523 398-231-02 SP3 DC-1 90 0.13 80 524 398-231-03 SP3 DC-1 90 0.13 80 525 398-231-06 SP3 DC-1 90 0.22 80 526 398-231-07 SP3 DC-1 90 0.22 80 527 398-231-08 SP3 DC-1 90 0.43 80 222 454 396-161-02 Commercial C4 UN-30 30 0.76 30 44.1 44 455 396-161-03 C4 UN-30 30 0.55 30 457 396-161-08 C4 UN-30 30 0.16 30 226 685 398-327-01 Parking Lot SD84 DC-3 90 0.22 80 23.2 23 687 398-327-07 SD84 DC-3 90 0.20 80 688 398-327-08 SD84 DC-3 90 0.16 80 230 78 005-185-29 Commercial SP3 DC-1 90 1.25 80 157.5 157 555 398-244-01 SP3 DC-1 90 0.20 80 556 398-244-02 SP3 DC-1 90 0.30 80 237 1130 398-501-10 Parking Lots/Commercial SD84 DC-3 90 0.11 80 15.6 15 1129 398-501-11 SD84 DC-3 90 0.14 80 1128 398-501-12 SD84 DC-3 90 0.14 80 240 767 398-384-09 Vacant R2 UN-40 40 0.26 80 53.3 53 768 398-384-11 R2 UN-40 40 0.14 80 42 City Council 30 — 162 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 769 398-384-12 R2 UN-40 40 0.14 80 770 398-384-15 R2 UN-40 40 0.28 80 246 693 398-332-04 Multiple Detached Residential Units SD84 UN-30 30 0.14 80 71 71 694 398-332-05 SD84 UN-30 30 0.14 80 695 398-332-06 SD84 UN-30 30 0.14 80 696 398-332-10 SD84 UN-30 30 0.57 80 697 398-332-11 SD84 UN-30 30 0.43 80 254 529 398-234-04 Vacant SD84 DC-3 90 0.28 80 11.2 11 255 698 398-333-02 Multiple -family Residential SD84 UN-30 30 0.14 80 71.5 71 699 398-333-07 SD84 UN-30 30 0.14 80 700 398-333-10 SD84 UN-30 30 0.43 80 701 398-333-11 SD84 UN-30 30 0.43 80 702 398-333-12 SD84 UN-30 30 0.29 80 74 005-184-27 Office SP3 DC-1 90 0.81 80 72.9 72 1160 005-185-30 Live/Work and Parking Lot SP3 DC-1 90 1.36 80 122.4 122 133 007-183-25 Commercial/Parki ng Lot C2, SP1 UN-30 30 0.64 80 51.2 51 140 007-201-14 Residential C2, R2 CR-30 30 0.14 80 11.2 11 143 007-201-28 Residential R2 CR-30 30 0.12 80 7.8 7 279 011-154-10 ParkingLot R1 UN-40 40 0.49 30 14.7 14 43 City Council 30 — 163 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Consolidated GP Site Net AB Net Surplus Max. Parcel Lot Map GP 2011 Capacity Surplus Consolidation ID APN Existing Use Zone Designation Density Size acres Base (Consolidated Capacity units Density Site Rounded acre Down Multiple -family 291 011 154 43 SD89 UN 40 40 2.16 40 86.4 86 Residential Multiple -family 469 396-361-02 R4 UN-30 30 6.35 60 336.5 336 Residential 473 398-011-01 Office SP3 DC-1 90 1.96 80 176.4 176 480 398-021-01 Mortuary SP3 DC-1 90 0.76 80 68.4 68 665 398-315-01 Open Space SD84 UN-30 30 0.10 80 5.0 5 673 398-322-01 Office SD84 DC-3 90 1.44 80 57.6 57 Multiple -family 674 398 323 08 SD84 DC-3 90 1.43 80 57.2 57 Residential 684 398-326-11 Parking Lot SD84 DC-3 90 0.69 80 27.6 27 852 398-503-11 Parking Lot SD84 DC-3 90 0.81 80 72.9 72 872 398-592-09 Office SD84 DC-3 90 0.31 80 12.4 12 Live/Work and 883 398-601-04 SD84 DC-3 90 0.51 80 20.4 20 Parking Lot 885 398-603-02 Parking Lot SD84 DC-3 90 0.29 80 11.6 11 912 400-052-01 Office P DC-3 90 1.62 60 145.8 145 930 400-081-05 Office C5 DC-3 90 1.10 60 99 99 933 400-082-04 Office C5 DC-3 90 0.90 30 81 81 Office/P rking 957 402-191-04 C2 DC-3 90 2.92 60 262.8 262 44 City Council 30 — 164 12/17/2024 TABLE 7 AB 2011— Mixed -Income Alternative Sites Lot Consolidation Map ID APN Existing Use Zone GP Designation GP Max. Density Parcel Size acres AB 2011 Base Density Net Surplus Capacity (Consolidated Consolidated Site Net Surplus Capacity Rounded Down units acre Site 965 402-222-04 Office R3 DC-3 90 3.96 60 356.4 356 1083 410-401-09 Office C2 UN-30 30 1.38 30 41.4 41 1111 412-191-06 Multiple -family Residential C4 UN-30 30 2.85 60 171.0 170 1113 430-221-14 Commercial M1 DC-2 90 2.79 60 251.1 251 _qw TOTAL 139.96 9,690.45 45 City Council 30 — 165 12/17/2024 Alternative Sites Capacity The alternative sites inventory identifies a surplus capacity 4,222 units for Affordable and 9,648 units for Mixed -Income. Overall, the City has the ability to adequately accommodate the total residential capacity of potential units on exempt sites as required by AB 2011. These sites and the densities allowed meet no net loss requirements for both Affordable and Mixed -Income. The sites are located in areas that are considered highly likely to experience redevelopment for two key reasons: 1) the high demand for housing throughout the Southern California region, and 2) the availability of underutilized land in areas designated for high -density mixed -use and residential use. In addition, recent developments and market interest, new flexible and housing -supportive zoning standards (i.e., making the alternative sites eligible for AB 2011 streamlining), and density allowances will serve as a catalyst for more intense development. Table 8 Alternative Sites Inventory Summary Total Surplus Sites Number of Total Area Alternative Parcels Capacity (acres) (units) Affordable 161 71.74 4,222 Mixed -Income 320 139.96 9,648 46 City Council 30 — 166 12/17/2024 Assessment of Fair Housing Affirmatively Furthering Fair Housing Analysis City Council 30 — 167 12/17/2024 Table of Contents Assessment of Fair Housing................................................................................................... 3 1.1 Introduction.................................................................................................................. 3 1.2 Sources of Information................................................................................................. 3 1.3 General Plan................................................................................................................ 4 1.4 Assessment of Fair Housing Issues............................................................................. 8 1.5 Affordable Housing...................................................................................................... 9 1.6 Patterns of Integration and Segregation......................................................................11 1.7 Access to Opportunities..............................................................................................56 1.8 Disproportionate Housing Needs................................................................................92 1.9 Contributing Factors..................................................................................................123 City Council 30 — 168 12/17/2024 Assessment of Fair Housing 1.1 Introduction Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of 2015. The goal of this assessment is to ensure that people have fair housing choice. The AFFH Act has two main purposes —prevent discrimination and reverse housing segregation. To affirmatively further fair housing means "taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws" (Government Code § 8899.50(a)). AB 2011 permits a local government to exempt a parcel from streamlined approval before a developer submits a development application on the parcel if: (1) the local government identifies one or more alternative sites for residential development; (2) the local government has permitted the alternative parcels not otherwise eligible for development pursuant to AB 2011 to be developed pursuant to AB 2011 streamlining; (3) the local government has permitted the alternative parcels that are subject to AB 2011 streamlining to be developed at densities above the residential density required in subdivision (b) of Section 65912.113 (100 percent affordable) or subdivision (b) of 65912.123 (Mixed -Income) of the Government Code; (4) the alternative development would result in no net loss of the total potential residential density in the jurisdiction; (5) the alternative development would result in no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction; and (6) the alternative development would affirmatively further fair housing. This assessment includes the following components: a summary of fair housing issues and an assessment of the City's fair housing enforcement and outreach capacity; an analysis of segregation patterns and disparities in access to opportunities; an assessment of contributing factors, and an identification of fair housing goals and actions and related to housing and community development in a way that affirmatively furthers fair housing; and an analysis demonstrating that the alternative sites identified by the City of Santa Ana in its local implementing ordinance exempting certain sites from AB 2011 streamlining affirmatively furthers fair housing in a manner consistent with the AFFH Act. 1.2 Sources of Information The City used a variety of data sources for the AFFH analysis at the regional and local level. These include: • U.S. Census Bureau's Decennial Census and American Community Survey (ACS) • Orange County Analysis of Impediments to Fair Housing Choice, May 2020 (2020 Al). • Local Knowledge, including information gathered from planning outreach events for major projects such as the Housing Element Update, General Plan Update, and the Zoning Code Update. City Council 30 — 169 12/17/2024 Some of these sources provide data on the same topic through different methodologies, which results in various data outcomes. For example, the decennial census is based on a count of the entire population every 10 years while the ACS is based on a small but more detailed survey of the population conducted every year. For this reason, the Census data and ACS data often show some differences. This AFFH analysis includes the most relevant data source for identifying fair housing issues and trends. 1.3 General Plan The Santa Ana General Plan, adopted April 19, 2022, provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the city through 2045. Informed by a comprehensive public engagement process, the General Plan establishes a shared vision of the community's aspirations as the world -class capital of Orange County that celebrates diversity, neighborhoods, and cultural heritage. Focus Areas Santa Ana's Focus Areas, as defined in the General Plan, are strategically located throughout the city along major arterials with access to high quality public transportation and link the City's existing form -based code areas. The Focus Areas provide opportunities to develop a breadth of housing types at densities ranging from 20 to 125 dwelling units per acre by right, and stand to address the diverse housing needs of the community. These areas, characterized by existing, under construction, and planned infrastructure and growth potential, are envisioned as mixed -use hubs combining residential, commercial, and recreational elements. A detailed description of each Focus Area can be found on the interactive General Plan website (https:Hgeneral-plan-santa-ana- ca.proudcity.com/). The Focus Areas have already begun to experience rapid change and increased opportunity for residents. The West Santa Ana Boulevard Focus Area parallels the OC Streetcar route, Orange County's first modern streetcar that will run 4.15 miles and connect to the regional train network by way of the Santa Ana Regional Transportation Center, offering multi -modal mobility options and residential development opportunities along the streetcar stations. The OC Streetcar is slated to be completed and operational in 2025. The Related Bristol Specific Plan was approved October 2024 in the South Bristol Focus Area, effectuating the vision for the Focus Area outlined in the General Plan. At buildout, Bristol Related will accommodate up to 3,750 residential units, a 250- room hotel, a 200-unit tower for senior living, and up to 350,000 square feet of restaurants and shops, as well as a grocery store and 13 acres of park space. Additionally, the City has contracted the services of Torti Gallas + Associates to draft five public realm plans, one for each Focus Area, to ensure infrastructure, pedestrian, bicyclist, and recreational needs are being met in the Focus Areas. This approach will foster walkable environments with easy access to essential services and amenities, providing a high quality of life for all residents, including lower -income individuals residing in existing residences or future residents that will occupy units in future developments within these areas. As such, the Focus Areas are the ideal location for new residential development, opportunity, and housing mobility. The locations of the Focus Areas can be seen in Figure 1 and Figure 2. These plans are currently being developed and are expected to be completed in 2025 as a part of a larger General Plan implementation effort. City Council 30 — 170 12/17/2024 Special Development Areas NAirltmAln Plan Santa Ana's Midtown Plan is a strategic initiative aimed at revitalizing and transforming the Midtown area into a vibrant, mixed -use community that supports residential, commercial, and cultural growth. The plan focuses on enhancing connectivity, creating walkable neighborhoods, and encouraging transit -oriented development around key transportation hubs. By integrating affordable housing, public spaces, and improved infrastructure, the Midtown Plan seeks to balance economic growth with inclusivity and sustainability. It prioritizes the preservation of community character while attracting new investments that align with the City's broader vision for equitable urban development. This initiative is part of Santa Ana's efforts to create dynamic and livable neighborhoods that serve diverse residents and businesses. This area encompasses the northern part of Downtown and acts as a bridge between the South Main Focus Area, Transit Zoning Code, and the West Santa Ana Boulevard Focus Area. Transit Zoning Code Santa Ana's Transit Zoning Code (TZC) is a comprehensive planning framework designed to promote transit -oriented development and sustainable urban growth. Focused on areas near major transportation corridors and hubs, the TZC encourages mixed -use, high -density developments that integrate housing, retail, and employment opportunities. The code prioritizes walkability, bicycle infrastructure, and access to public transit, reducing reliance on cars and supporting environmentally friendly mobility options. It also incorporates affordable housing incentives, such as density bonuses, to ensure equitable development and mitigate displacement risks. By streamlining the development process and fostering a pedestrian -friendly urban environment, the TZC aligns with Santa Ana's vision for a connected, livable, and sustainable city. The TZC is located east of the Downtown and Civic Center and borders the 5 freeway. Metro East Mixed -Use Overlay Zone Santa Ana's Metro East Mixed -Use Overlay Zone (MEMU) is a targeted zoning strategy designed to transform the Metro East area into a dynamic, mixed -use urban environment. This overlay zone encourages the development of high -density residential, commercial, and office spaces within proximity to major transportation routes and employment centers. By fostering a blend of uses, the MEMU zone promotes walkability, reduces traffic congestion, and enhances access to amenities for residents and workers alike. The zone includes incentives for incorporating affordable housing and green building practices, ensuring that growth is both inclusive and sustainable. Through the MEMU, Santa Ana aims to reimagine the Metro East area as a vibrant, interconnected community that supports economic development while addressing housing needs and environmental goals. The MEMU overlay zone border the TZC and the south end of the Grand and 17th Street Focus Area. It then runs east across the 5 freeway. City Council 30 — 171 12/17/2024 Figure 1— Santa Ana Focus Areas and Affordable Sites City Council 30 — 172 12/17/2024 Figure 2 — Santa Ana Focus Areas and Mixed Income Sites City Council 30 — 173 12/17/2024 1.4 Assessment of Fair Housing Issues Federal fair housing laws prohibit discrimination based on race, color, religion, national origin, sex/gender, handicap/disability, and familial status. Specific federal legislation and court rulings include: • The Civil Rights Act of 1866 covers only race and was the first legislation of its kind. • The Federal Fair Housing Act 1968 covers refusal to rent, sell, or finance. • The Fair Housing Amendment Act of 1988 added the protected classes of handicap and familial status. • The Americans with Disabilities Act (ADA) covers public accommodations in both businesses and in multifamily housing developments. • Shelly v. Kramer 1948 made it unconstitutional to use deed restrictions to exclude individuals from housing. • Jones v. Mayer 1968 made restrictive covenants illegal and unenforceable. California state fair housing laws protect the same classes as the federal laws, with the addition of marital status, ancestry, source of income, sexual orientation, and arbitrary discrimination. Specific State legislation and regulations include: • Unruh Civil Rights Act extends to businesses and covers age and arbitrary discrimination. • California Fair Employment and Housing Act (Rumford Act) covers the area of employment and housing, with the exception of single-family houses with no more than one roomer/boarder. • California Civil Code Section 53 takes measures against restrictive covenants. • Department of Real Estate Commissioner's Regulations 2780 to 2782 define disciplinary actions for discrimination, prohibit panic selling, and affirm the broker's duty to supervise. • Business and Professions Code covers people who hold licenses, including real estate agents, brokers, and loan officers. Santa Ana residents have access to information about fair housing enforcement, outreach capacity, and resources available to them. First, the California Department of Fair Employment and Housing (DFEH) accepts, investigates, conciliates, mediates, and prosecutes complaints under state and federal law. DFEH investigates complaints of employment and housing discrimination based on protected class. The program provides California's tenants, landlords, and property owners and managers with a means of resolving housing discrimination cases in a fair, confidential, and cost-effective manner. Community Legal Aid SoCal serves low-income people in Orange County with direct representation and engages in policy advocacy and impact litigation. Legal Aid provides legal assistance across a broad range of fair housing issues, including eviction, federally or otherwise publicly subsidized housing, substandard housing, landlord/tenant issues, homeownership issues, homeowners association issues, housing discrimination, and predatory lending practices. The main office is in Santa Ana, with additional offices in Southern California. Community Legal Aid SoCal is funded by the Legal Services Corporation, which carries restrictions against representing undocumented clients. Locally, the Fair Housing Council of Orange County provides a variety of services, including community outreach and education, homebuyer education, mortgage default counseling, City Council 30 — 174 12/17/2024 landlord -tenant mediation, and limited low-cost advocacy. Their services are provided in English, Spanish, and Vietnamese. The Fair Housing Council also investigates claims of housing discrimination and assists with referrals to DFEH. The Council may also occasionally assist with or be part of litigation challenging housing practices. 1.5 Affordable Housing Santa Ana has been a leader in affordable housing development in the region and currently has 14 family housing projects, 7 senior housing projects, 4 homeless housing projects, and 3 special needs housing projects that serve the community. Currently there are 3 additional housing projects under construction. A full list of the housing projects can be found here: https://www.santa-ana.org/affordable-housing-resources/ The location of subsidized housing in the City can be seen in Figure 3. The City currently has 14 housing projects for families, 7 for seniors, 4 for people experiencing homelessness, and 3 special needs housing projects. With the addition of AB 2011 alternative sites, there is an opportunity for increased development of housing for all affordability levels and to increase the access to affordable housing in the areas of the City that have the higher populations of vulnerable communities. City Council 30 — 175 12/17/2024 Figure 3 — Locations of Subsidized Housing ;F i _ p — -.I_ _ 00 BM 8 � CAI .- i. � � �:-71�A'G�a • � : _ ��0'uU7i� - o ti Imes �hm JF all C Ir loom - - r,.TY�111"i ["f7Yl J I I I I E A"� r . 16/> . Subsidized Housing (CHPC, 2023) • 140 - 250 Units Up to 50 Units • 250 - 500 Units 50 - 100 Units More 500 Units 169,925 0 0A 1.5 3ml 0 1 2 Akm G—ty of Los Aigeles, Bureau of -aW Management, Earl, HERE, G—,., G-TeA-1ogea, Inc., OSG5. EPA E-, HERE. Gamin, ® Open S#e Map —tlblk s, — the Gf5 user mMlljty City Council 30 — 176 12/17/2024 1.6 Patterns of Integration and Segregation This section includes an analysis of integration and segregation, including patterns and trends, related to people with protected characteristics. Race and Ethnicity Ethnic and racial composition of a region is useful in analyzing housing demand and any related fair housing concerns, as it tends to demonstrate a relationship with other characteristics such as household size, locational preferences, and mobility. The U.S. Department of Housing and Urban Development (HUD) provides racial or ethnic dissimilarity trends as an indicator of segregation. Dissimilarity indices can be used to measure how consistent two groups (frequently used to analyze race or ethnicity characteristics) are distributed across a geographic unit, such as a census tract or block group. The dissimilarity index ranges from 0 to 100, with 0 meaning no segregation and 100 meaning high segregation among the two groups. The following ranges show how HUD characterizes levels of dissimilarity: • <40: Low Segregation • 40-54: Moderate Segregation • >55: High Segregation Regional Trend As shown in Table 1, racial/ethnic minority groups make up 59 percent of the Orange County population. 34 percent of the Orange County population is Hispanic/Latino, 39 percent of the population is White, 21.1 percent is Asian, and 1.6 percent is Black/African American. Santa Ana and the neighboring cities of Anaheim, Tustin, and Garden Grove have larger populations of racial/ethnic minority (non-White) populations compared to the County. Table 1 Racial/Ethnic Composition: Orange County, Santa Ana, and Neighboring Cities Santa Costa Garden Race/Ethnicity Ana Anaheim Tustin Mesa Grove Irvine Orange County Hispanic or Latino (of 76.7% 54.0% 40.0% 35.9% 36.9% 12.0% 34.0% any race) Not Hispanic or Latino 23.3% 46.1 % 60.0% 64.1 % 63.1 % 88.1 % 66.0% White alone 9.5% 23.2% 29.6% 40.1 % 18.1 % 37.4% 39.0% Black or African 0.9% 2.5% 2.3% 1.3% 0.9% 1.7% 1.6% American alone American Indian and 0.1 % 0.1 % 0.2% 0.1 % 0.1 % 0.1 % 0.1 % Alaska Native alone Asian alone 11.8% 17.1 % 24.1 % 9.0% 41.7% 42.6% 21.1 % Native Hawaiian, Other 0.2% 0.4% 0.2% 0.6% 0.2% 0.3% 25.0% Pacific Islander alone Some other race alone 1.0% 0.3% 0.2% 0.4% 13.0% 0.3% 0.3% Two or more races 0.8% 2.5% 3.3% 3.7% 5.4% 5.6% 6.0% Source: 2021 American Community Survey (ACS), 5-Year Estimates. City Council 30 - 177 12/17/2024 As discussed previously, HUD's dissimilarity indices can be used to estimate segregation levels over time. Dissimilarity indices for Orange County and Santa Ana are shown in Table 2. Dissimilarity indices between non-White and White groups indicate that segregation in the county increased with regard to segregation since 1990. Segregation between Hispanic and White communities has increased to moderate levels after having had decreased to Low levels in 2010. Segregation between Black and Asian/Pacific Islander communities with White communities has also increased but at lower levels than Hispanic communities. As a whole, Orange County has seen an increase in diversity since 1990. Non -White populations have been and continue to grow in concentration in central and northern portions of the County, primarily in cities such as Santa Ana, Westminster, Anaheim, Buena Park, and Norwalk. Areas in central Orange County have the highest Dissimilarity Index values for their populations. Orange, Santa Ana and Tustin are particularly affected. The Black/White index value for the city of Orange is 42.35, as opposed to a 22.63 Non-White/White index value. Neighboring Tustin has a 48.19 as their Black/White index value. Table 2 Racial/Ethnic Dissimilarity Trends: Orange County and Santa Ana 1990 1 2000 2010 Current Orange County Non-White/White 30.48 36.54 35.55 40.20 Black/White 32.90 35.33 34.07 40.77 Hispanic/White 36.26 42.43 39.52 43.26 Asian or Pacific Islander/White 36.26 36.76 37.16 40.77 Santa Ana Non-White/White 47.77 49.28 46.49 47.97 Black/White 36.53 27.91 25.15 33.97 Hispanic/White 53.09 53.61 50.00 51.40 Asian or Pacific Islander/White 43.10 46.77 46.87 48.78 Source: U.S. Department of Housing and Urban Development (HUD) Affirmatively Furthering Fair Housing AFFH Database, 2020. Figure 4 shows that most central areas in Orange County have high concentrations of racial/ethnic minorities. Coastal cities, including Huntington Beach and Costa Mesa, and the areas east and southeast of Interstate 5 generally have smaller non-White populations. Most block groups inland, including Westminster, Garden Grove, Anaheim, and some parts of Irvine have majority racial/ethnic minority populations. Santa Ana's racial/ethnic minority populations are comparable to the immediately surrounding jurisdictions. Coastal communities west and south of Santa Ana tend to have smaller racial/ethnic minority populations, and communities directly surrounding Santa Ana, such as Garden Grove and Westminster, have larger concentrations of racial/ethnic minorities. The post -World War II period saw urbanization in Orange County, with white, middle class families moving to newly developed suburban communities, particularly along the coast. In contrast, working-class and immigrant populations were often relegated to older, urbanized areas like Santa Ana, where housing was more affordable, and employment opportunities (often in agriculture or industrial sectors) were closer. As a result, these inland areas became home to larger Latino and Asian immigrant communities, particularly after the Immigration and Nationality City Council 30 - 178 12/17/2024 Act of 1965, which expanded immigration opportunities for non -European groups. This can still be seen today with the dissimilarity patterns throughout the region. City Council 30 — 179 12/17/2024 Figure 4 — Racial Demographics Percent of Non -White Population • � - c' C� • o O O • 0Q •• N •i�• • ° Q o • �o,0o°o0 :••• • • •o o o • 0000 0 000� 00 • • •mac ° o O 'D 00 O Q• �• O • ! 0 0 0 0 O 00 •�• E" 0 0 . O 6 O 00°� O� • - ® O • O E O • _ E.nwm•, o:: n O - oogooa,• • ; 000 00 • • • ® ® %morn CPo0° 04•00 • • • • 0 ° ••�o •a••• o • • • ® •• • ° o �U ®0000 a• •�• o ° ° 0000 O° o° o•• ••.. • • • • o0 °a000a® 00� • o • • • o 4, c..xr;,c1,. • pogo ° 0 0 ° • o® 11111116 • o•® • 0 0 0 0000 o ° o • •� � �� � ° f o0 • ° o 0 0 � 000 m oo ° o • O o �® o0 00 ° o �• d opO O' o ° p 0 ° v r O O O000 •0 0 000 ° o o° o ° n _ ° ° ° n O n Racial Demographics (Census, 2020) - Black Group • a0%-60 • 60% - 80% 80 % - 100% 1169.003 175 3.5 7m! 2.75 55 11 km County of Lc Mgeles, Bureau of Land blana9—t, Ewi, HERE, Garmin, USGS, EPA. NIPS. E.. HERE, Ga-in, 12 0p-St—CA p r tbbut— and H. GIS �xr m _ niry City Council 30 — 180 12/17/2024 Local Trend According to the 2021 ACS, about 77 percent of the Santa Ana population identifies as being Hispanic or Latino of any race. In comparison, only 34 percent of Orange County residents identify the same. The City has a smaller population of White -alone residents compared to neighboring jurisdictions. The Asian -alone population in Santa Ana (11.8 percent) is smaller than in surrounding cities (Anaheim, 17.1 percent; Tustin, 24.1 percent; and Garden Grove, 41.7 percent). However, the census tracts in the western part of Santa Ana, in the Riverview West neighborhood, have large concentrations of Asian residents. The Asian population increased by 11 percent between the 2010 and 2020 census, the majority of which was Vietnamese. The concentration of Vietnamese residents in Santa Ana can be tied to the growing Vietnamese community of Little Saigon that was historically located in Westminster and now encompasses sizable communities in Garden Grove and west Santa Ana. Santa Ana also has smaller population of Black- or African -American -alone residents (>1 percent) compared to many neighboring jurisdictions (Anaheim, 2.5 percent; Tustin, 2.3 percent; and Irvine, 1.7 percent). However, that was not always the case. The Central City neighborhood, roughly bounded by Bristol Street, McFadden Avenue, Raitt Street, and Santa Ana Boulevard, was once home to a thriving African -American population. Many community members served on military bases in Orange County and eventually settled in Santa Ana. However, many African - American families began to move out of Santa Ana during the late 1970s and 80s, with many relocating to the Inland Empire. Some religious institutions and businesses that served this community are still present in the neighborhood today. Dissimilarity indices between non-White and White groups indicate that the city has also stayed almost the same with regard to segregation since 1990. Segregation between Black and White Hispanic communities has decreased, and segregation between Asian/Pacific Islander communities and White communities has increased. Figure 5 and Figure 6 show predominant race in Santa Ana. The majority of the city is predominantly Hispanic or Latino. The Majority Hispanic and Latino population continues in the north into parts of Garden Grove, but this is in contrast to the predominantly Asian population to the West and Southeast. AB2011 Sites Inventory To assess the City's AB2011 sites inventory, the distribution of sites by income category and predominant population are shown in Figure 5 and Figure 6. Most sites for affordable and mixed income are in areas where the predominant population is Hispanic or Latino. This is consistent with the demographics in the City. As shown in the figures, a majority of these sites are located in the central and northern parts of the City where existing general plan land use designations and zoning districts permit multi -family development are located. These areas are also served by high quality transit, such as rapid transit bus lines, the OC Streetcar, and the Santa Ana Regional Transportation center (SARTC), which connect to the broader Metrolink system. The locations of the sites have the potential to improve existing conditions through increased investment and provision of new services that will not only benefit new residents but also improve the quality of life for all segments of the community, especially existing residents. The sites are also located in areas that have been designated for redevelopment through the City's General Plan and Focus City Council 30 — 181 12/17/2024 Areas. Current development trends show that high residential density is feasible and realistic, and appropriate to accommodate housing for all income levels and can be accommodated on the alternative parcel sites. Sites that have been redeveloped include social lodges, religious facilities, office buildings, industrial buildings, older/smaller multi -family residential, and single family units. Exempt Sites The sites exempted by the City are mostly concentrated along the west side of 171" Street, the east side of 17t" Street, and Tustin Avenue on the east. These sites are generally not in Focus Areas or in areas that have been designated for redevelopment through the City's General Plan. Like the Alternative sites, the majority of the sites are in areas where the predominant population is Hispanic or Latino, matching the demographics of the City. The City's local AB 2011 implementing ordinance exempted these parcels of land from the streamlining provisions with the identification of one or more alternative sites for each that result in a no net loss of the permitted residential density in the City. Conclusion In the case of predominant race, both the Alternative and Exempt sites are located in areas with the majority of the population identifies as Hispanic or Latino. Ultimately the Alternative sites are predominantly located in the central and northern areas of the City, where zoning and land use plans support multi -family development. With access to high -quality public transit, including rapid bus lines, the OC Streetcar, and connections to the Metrolink system via the Santa Ana Regional Transportation Center (SARTC), these locations are well positioned to attract new investment. This new development has the potential to improve conditions for both new and existing residents by providing additional services and enhancing the overall quality of life for the entire community. City Council 30 — 182 12/17/2024 Figure 5 — Predominant Race and Affordable Sites - Li_ 1 IF �L srtn=;m `I -7 I � — J-wu4a- — - NI, ... ma- F / MUO -* 'Y ` e 920 12/312024, 3 32 55 PM Approved Affordable Alternative Sites M Asian alone, not Hispanic or Latina Predominant Population (ACS, 2017-2021) - Tract 0 - 13 M White alone, not Hispanic or Latino M Hispanic or Latino 13 - 97 97-100 1 63,325 0 0.5 1 2mi I 0 1 2 4km Gouitly or Los Angeles, Bureau M Land Management, Esri, HERE, C—m, GeoT—h.d p,, Inc., USGS, EPA Esri, HERE, Gawin. 0 4,-Sheet"` —t—tars, ana the G[5 uses comnwniry City Council 30 — 183 12/17/2024 Figure 6 - Predominant Race and Mixed Income Sites Sol - I -1 - � .L.nluVlt3Yb J w„ aAb ftew A,x, x r� ` 12.R12024. 10 0123 AM Approved Mixed Income Aiternative Sites Asian alone, not Hispanic or Latino Predominant Population (ACS, 2017-2021) - Tract 0 - 13 White alone, not Hispanic or Latino Hispanic or Latino 13 - 97 97-100 1.73,661 C U.75 1.5 i nfi s 4 a 1.25 2.5 5 km County d Los Angeles, Bun:au d Land Management, Esd HERE, Gamin, GeoTechnolog'ees, Inc., r1505, EPA, Esri, HERE. Gamin, m O—Sb—tma mntnbutars, artl the Gf5 user comrnuniry City Council 30 — 184 12/17/2024 Figure 7 — Predominant Race and Affordable Exempt Sites f �U w (,AV-2I-W -05l �A' - r 'k�FIZZ, - - li tl _MEW= VI G�r1�;�21 S i �Y l • �' � a�'ii -- [ I;;- I `U10 Ln. yap. 12i7l2024, 10:2227 AM 0 Affordable Exempt Sites Asian alone, not Hispanic or Latino Predominant Population (ACS, 2017-2021) - Tract 0 - 13 White alone, not Hispanic or Latino Hispanic or Latino 13 - 97 97 - 100 Y•u G •r3a1i 5ti,rk� �� 1 Owen " 1:73,G61 a C.75 1.5 3 mi 5 5 i i i a 5 1 5km C-My of Los Angeles. t3— of L-d Management. Bri, HERE, Garman, Ge Technolo*6 Inc., USG5, EPA, aimin F-i, HERE. G, 6 OpenSh—Wt p mrtuoUIOM, and me CIS user community City Council 30 — 185 12/17/2024 l a -RUM. mor,. Figure 8 — Predominant Race and Mixed Income Exempt Sites - -- Ci'i�r•r.'h:- :iB �7r, �?•�- �°i'ir�'-1-=A-�i-'� F i cr�c�ioui r -B I 12.i7.2024, 1034.15 AM 9 Mixed Income Exempt Sites Asian alone, not Hispanic or Latino Predominant Population (ACS, 2017-2021) - Tract 0 - 13 White alone, not Hispanic or Latino Hispanic or Latino 13 - 97 W -100 J 1:73,661 0 0.75 13 3ml 5 4 0 125 215 5 km Co My of Las Angeles, Bureau M Land Management, Earl, HERE, Ga In, C oT--,dupes, Inc., i15G5, EPA, Esri, HERE, Garmi rt. 0 OpenSheetMap wntnrnrtors, ana the Gts user con 1—nily City Council 30 — 186 12/17/2024 Disability Persons with disabilities often have special housing needs because of the lack of accessible and affordable housing, and the higher health costs associated with their disability. In addition, many may be on fixed incomes that further limits their housing options. Persons with disabilities also tend to be more susceptible to housing discrimination due to their disability status and required accommodations associated with their disability. Regional Trend According to the 2021 ACS, 8.8 percent of Orange County residents experience a disability, while 8.2 percent of the Santa Ana population experiences a disability. Santa Ana has a smaller percentage of persons with disabilities compared to Garden Grove (10.9 percent) and Anaheim (8.8 percent) but larger than Irvine (5.6 percent) and Tustin (6.8 percent). As shown in Figure 9, less than 20 percent of the population in most tracts in Orange County experiences a disability. Tracts with disabled populations exceeding 20 percent are not concentrated in one specific area of the county. Santa Ana and areas to the east have the smallest concentration of persons with disabilities and this is due to resources and housing in the census tracts with higher populations. The tracts with the highest population are locations of senior communities, most notably Leisure World to the west. The concentration of persons with disabilities in Santa Ana is comparable to neighboring cities. Local Trend Most tracts in Santa Ana have populations of persons with disabilities below 10 percent. A handful of census tracts in the northern, central, and western part of the city have a higher percentage of persons with disabilities. These tracts are home to a higher proportion of senior -headed households and residential -care facilities than the other tracts in the City. Independent living and cognitive difficulties are the most common disability type in Santa Ana; 4.4 percent of the population experiences an independent living difficulty, 3.7 percent experiences a cognitive difficulty, 4.4 percent experiences an ambulatory difficulty, 2.3 percent experiences a hearing difficulty, 1.8 percent experiences a vision difficulty, and 2.4 percent experiences a self -care difficulty according to the 2021 ACS. According to the 2012 ACS Santa Ana had 7.1 percent of the population with a disability. The population with a disability is slowly growing, but does not show a drastic change since 2012. AB2011 Sites Inventory All AB2011 sites are in tracts where less than 20 percent of residents experience one or more disabilities as seen in Figure 10, Figure 11, and Table 3. A majority of these sites are located in the central and northern parts of the City where there is 10 percent or less of the population with a disability and where existing general plan land use designations and zoning districts permit multi -family development are located. These areas are also served by high quality transit, such as rapid transit bus lines, the OC Streetcar, and the Santa Ana Regional Transportation center (SARTC), which connect to the broader Metrolink system. The locations of the sites have the potential to improve existing conditions through increased investment and provision of new services that will not only benefit new residents but also improve the quality of life for all segments of the community, especially existing residents. The sites are also located in areas that have been designated for redevelopment through the City's General Plan and Focus Areas. The Focus Areas City Council 30 — 187 12/17/2024 will incorporate new recommendations to sidewalks, public gathering places, and local amenities, in order to reach and accommodate all residents. Current development trends show that high residential density is feasible and realistic, and appropriate to accommodate housing for all income levels and can be accommodated on the alternative parcel sites. Sites that have been redeveloped include social lodges, religious facilities, office buildings, and industrial buildings, older/smaller multi -family residential and single-family units. Table 3 Distribution of Units by Disability Affordable Mixed Income Total <10% 94% 92% 93% 10%-20% 6% 8% 7% 20%-30% 0% 0% 0% 30%-40% 0% 0% 0% > 40% 0% 0% 0% Total 4,222 9,648 13,870 Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Similar to the Alternative sites, most of the exempt sites are in neighborhoods where less than 10 percent of the population has a disability. The City's AB 2011 implementing ordinance exempts these parcels from streamlining provisions, while identifying one or more Alternative sites to ensure no net loss of permitted residential density. Conclusion For populations with disabilities, both the Alternative and Exempt sites are in areas where less than 10 percent of the population is affected. However, the Alternative sites are primarily situated in the central and northern parts of the City, where zoning and land use plans encourage multi- family development. These areas also benefit from excellent public transit options, including rapid bus lines, the OC Streetcar, and connections to the broader Metrolink system through the Santa Ana Regional Transportation Center (SARTC). As a result, these locations are well -positioned to attract new investment. The development of these sites has the potential to improve conditions for both new and existing residents, offering additional services and enhancing the quality of life for the entire community. City Council 30 — 188 12/17/2024 Figure 9 — Population with a Disability 1102023, 1107 26 AM 0 City_Bourldary 0 10% - 20% Population With a Disability (AGS, 2017-2021) - Tract - 20 % - 30 0 �10! 30% -40% 1120,029 0 1 2 4mi 4 0 1 75 3 5 7 hm County of Los Angelr�, B . . . of L-d blanagv t. E.n HERE. Germin, 11 SGS. EPA. N✓'S, Esri, HERE. G—in,'POprnStr 11hp —mb,t- and the GIS user community City Council 30 — 189 12/17/2024 Figure 10 — Population with a Disability and Affordable Sites I yGap V A—L�I 1 1 1 `f � louft q� I / NA S H - r . 1202024, 3 35.47 PM * Approved AflOidable Alternative Sites Population With a Dsability (ACS, 2017-2021) - Tract 0,10% 10%- 20% - 20 % - 30% 1:63,325 05 zmI 9 1 2 4km county of Las dngeles, Burca� of Lantl blanaq 11. E, HERE, Gaimin, G TechndczPes, 111. USGS, EPA, E ,i, HERE , Ga—. 6 Opens—tmap mnlnbutws, arb the GIST mla ly City Council 30 — 190 12/17/2024 Figure 11 — Population with a Disability and Mixed Income Sites L—I - - -I- - - - IF �m L V - -_ -- 12;712024, 10:02:14 AM 0 Approved Mixed Income Afternative Sites Population With a Disability (ACS, 2017-2021)-Traci OL10-A 10%-20% — 20% - 30 % 'i o •, ,fir 1 r 1 1=73,661 0 6.75 1.5 3mi 9 1 25 5km Cwmly of L. Angeles, Bureau of LaM Management, Esri, HERE, Gannia, GevTechndugies. Inc., VSGS, EPA Esri, HE RE Garrnin, m CryznSbeetMap m�hmuhas, aM the GIs user mmmvp{ty City Council 30 — 191 12/17/2024 Figure 12 — Population with a Disability and Affordable Exempt Sites u z:=I A 1 °I ° �xtrma -- •,I rr, w` 4-1 MIN -`� - ------------ o �q 121712024, 10:25:01 AM * Affordable Exempt Sites Popu4a#ion With a Disability (ACS, 2017-2021)-Tract 0<10% 10%-201 �20%-30% 1:73,661 � a.75 1.5 3 mi 0 1.25 2 5 5 km rmnty of L- Angeles, Bureau of LBW Management, Eari, HERE, fid—I, C aT—ndogi- - Inc., USGS, EPA Ear,, HERE, Garznin, 0 clw, eetma wMrN�uto[s, aM the GIS user corcmwnity City Council 30 — 192 12/17/2024 Figure 13 — Population with a Disability and Mixed Income Exempt Sites V C+df Yn + . idle ,:iux: EI:%� � � RI h• - �`jIG.Y�xY13 4 MOM ftim _ KEW n_ 11217/2024, 10:39:26 AM Mixed Income Exempt Sites Population With a Disability (ACS, 2017-2021) - Tract 0,10% 10%-20% ®20%-30% 10 i=73,661 4 a75 1.5 3m1 9 1.25 215 6 km county d L. Angeles, a— I Land Manage—t. E,i, HERE, Gamin, C�vTechndogirs._ Inc., USGS, EPA; Bri, mRfi-t . a HERE. G— , m OpenSt-f&p Oto Gts use,—M.'Nty City Council 30 — 193 12/17/2024 Familial Status Familial status refers to the presence of children under the age of 18, pregnant women, and any person in the process of securing legal custody of a minor child (including adoptive or foster parents). Housing discrimination can affect families with children, or families that recently had a child. This primarily happens through landlords refusing to rent to a family with children or evicting a family that just had a child. Under the Fair Housing Act, housing providers may not discriminate based on familial status. Regional Trend Approximately 55 percent of Santa Ana households are families with a married couple. Out of those couples, 48 percent have children (2021 ACS). The City's share of households with a married couple is larger than the county's share and the shares of the neighboring cities of Anaheim, Costa Mesa, Garden Grove, Irvine, and Tustin (Figure 14). Of the selected jurisdictions, Costa Mesa has the largest proportion of single -adult households, which represent 46.4 percent of all households in the City. In 2010, Orange County household makeup was relatively similar to today, with 54.2 percent of households being married couple households. However, the number of female headed households has increased with only 11.4 percent of households being headed by a female in 2010 to now being 24.3 percent. Figure 14 - Households in Orange County, Santa Ana and Neighboring Cities 100.0% 90.0% 14.9% 80.0 % 23.4% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% 15.8% 21.4% 26.5% 25.0% 7.1% 10.0% 50.5% 43.6% Santa Ana Anaheim 16.3% 24.5% 5.7% 53.5% 18.7% 14.5% 15.5% 23.9% 26.8% 24.3% 5.7% 51.7% 5.7% 6.0% 52.9% 54.1% _Lt_� A A Costa Mesa Garden Grove Irvine Tustin Orange County ■ Married -couple household ■ Cohabiting couple household ■ Female householder, no spouse or partner present Male householder, no spouse or partner present Local Trend Santa Ana has seen a decrease in households with children since 2010. During the 2006-2010 ACS, 47 percent of households had children. The 2017-2021 ACS estimates that only 36.4 City Council 30 - 194 12/17/2024 percent of households have children in Santa Ana, representing an approximate 10 percent decrease. According to the 2017-2021 ACS, approximately 27 percent of Santa Ana households are single parents with children, and 71 percent of those are female headed. Female -headed households with children require special consideration and assistance because of their greater need for affordable housing and accessible day care, health care, and other supportive services. As shown in Figure 15 and Figure 16, there are tracts throughout the City that have a slightly higher number female headed households with children and a small cluster in the south that has over 40 percent of the households being female headed households with children and no spouse present. AB 2011 Sites Inventory In Santa Ana, a majority of the City's AB 2011 sites are in tracts where 60 to 80 percent of households are married couple households with children (Table 4). The location of the sites and the units are consistent with the makeup of the city as a majority of the tracts in the City have 60 to 80 percent of the households being married couple households with children (Figure 19 and Figure 20). The locations of the sites do not exacerbate existing conditions. Moreover, the locations of the sites have the potential to improve existing conditions through providing additional housing opportunities for families with children in areas where they already have established social networks and capital ensuring that families stay in the City. Table 4 Distribution of Units by Children in Married Couple Households Affordable Mixed Income Total < 20% 0% 0% 0% 20%-40% 0% 3% 2% 40%-60% 22% 27% 25% 60%-80% 51% 42% 45% > 80% 27% 28% 28% Total 4,222 9,648 13,870 Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Similar to the Alternative sites, most of the exempt sites are in tracts where 60 to 80 percent of households are married couple households with children. The City's AB 2011 implementing ordinance exempts these parcels from streamlining provisions, while identifying one or more Alternative sites to ensure no net loss of permitted residential density. Conclusion Both the Alternative and Exempt sites are located in areas where 60 to 80 percent of the population consists of married couple households with children. However, the Alternative sites are predominantly in the central and northern parts of the City, where zoning and land use plans promote multi -family development. The promotion of multi -family development in these areas allows for higher -density housing, making them ideal locations for apartments, townhomes, and condominiums. This provides more affordable housing options and increases the availability of City Council 30 — 195 12/17/2024 housing units especially allowing for the potential for larger units to accommodate families. The Alternative sites being in and around downtown and the Focus Areas ready them for revitalization which includes have improved safety and walkability, with a growing focus on pedestrian -friendly streets and traffic calming measures making these sites a great place to keep our family populations. City Council 30 — 196 12/17/2024 Figure 15 — Children in Female Headed Household and Affordable Sites 1 — Garden Gro n J�L�I T—k I� f � 1ml to HHH >s a ■ Jars ��e A ,$ AMP ! {� 12/312024, 340'53 PM • Approved Affordable Alternative Sites 0 20% - 40% Children in Female Householder No Spouse Present (ACS, 2017-2021) - Tract — 40%- 60% 0 Less than 20 % M60 % - 60% 1 63,325 l, 0 2 4km Gwent[ of Los Angeles, Bureau of Land Management, Eerl, HERE, GERm . C a.m. do - Vnc. tM p EPA Esri, HERE, Garmin. m OpenStreetMap mntw,utors, arw tha GIS user mttn,wmity City Council 30 — 197 12/17/2024 Figure 16 — Children in Female Headed Household and Mixed Income Sites Aw, rnPflia -..••r W•-,Ivi Pma` T Pma E' - Q and r vd W.estminster _ mi E nl — 1 mar n t_ � Ynerslmm _ 7aIberl Q Flli Aye - _— y Aln 121712024, 10:03:22 AIV 0 Approved Mixed Income Alternative Sites 0 20 % - 40% Children in Female Householder No Spouse Present (ACS, 2017-2021) -Tract - 40 %- 60% 0 Less than 20 % 60% - 80 % 1 1:73,661 b 4.75 1.5 3 ml 4 4 b 1.25 25 5km Gounly of L. Angeles, Bureau of LaM blanaw—t, E-, HERE, Gannet, G-Te&h I ga:s, Inc.. 11SG5, EPA, Esri, HERE Gannin, 8 Open5u_tMap coMn��to,a, a tlx GIs �sn common rty City Council 30 — 198 12/17/2024 Figure 17 — Children in Female Headed Households and Affordable Exempt Sites `, TEO . — I h xcr� I� 'a ; ' -'INN 12f7l2024, 10:25:44 AM Affordable Exempt Sites 0 20 % - 40% Children in Female Householder No Spouse Present (ACS, 2017-2021) - Trad - 40 % - 60 0 Less than 20 % 601 - 80 Y 1.73,661 � 0.75 1.5 3 mi 5 5 0 125 2 5 5 km G—ty of L. Angeles. Bureau of Land Management. Eeri, HERE, Garrnin, G-Techndo m. Inc., VSGS, EPA Esri, HERE. G—in, 0 Ox'streetfutap m�[rbub�rs, aM the GLS user mrmnvrylty City Council 30 — 199 12/17/2024 Figure 18 — Children in Female Headed Households and Mixed Income Exempt Sites IIIIIIIIIIIIII�� � Ol�i G armn Gro v Tre = s 11 'r. eVe Ircrst W SRIIn5t1 ml �SY� Itlr-� Il. I If Arr � i Ana:,.`•-.. �_ _ - �I�_F,a:nwB•:-- Hun Sing 121712024, 1039.56 AM a Mixed Income Exempt Sites 0 20! -40% Children in Female Householder No Spouse Present (ACS, 2017-2021) -Trail - 40% - 60 h 0 Less than 20 % 60 % 80 1:73,661 f,.�5 1.5 3ml 9 125 2 5 5 km G—ty a L. Angeles, Burgau of Lard Management, Esr,, HERE, C m, C T—dog-r Inc., USGS, EPA. Ear,, —'t— ano HERE, Ga Ti ® Open5t—tWp the Gls uan community City Council 30 — 200 12/17/2024 Figure 19 — Children in Married Couple Households and Affordable Sites 121312024, 3:42:20 PM 1:63,325 4' Approved Affordable Alternative Sites = 40 % Percertof Children in Married Couple Households (ACS, 2017-2021 )- Tract - 60 % 00%-20% -so% W5 20%-40% 60 % 80% 100 % 0.5 1 2mi T I , 2 4km County of Los Angeles, Bonrau of Lam Management, Esri, HERE, Gam' Ge TechndWg , Inc., 115G5, EPA, En, HERE. G—in, O OperStr Mtap mntrbuicxs, ..'he GIs user community City Council 30 — 201 12/17/2024 Figure 20 — Children in Married Couple Households and Mixed Income Sites 12712024, 10 03 54 AM 1-73,661 Approved Mixed Income Alternative Sites 4 0 % - 60 % 0 075 1 5 3 m Percent of Children in Married Couple Households (ACS, 2017-2021) -Tract - 60% - 80% o 1.25 2. 5 km 00%-20% 80% -100% County of L. Angeles, bureau M Lard ManagUSGS. Esri, HERE, Gairnhr, (3eoTerlmdogies, Inc., 115G5, 20%-40% EPA, Esri, HERE Gamin O OpenStreeMap mrrhbutws, arA the GIS user co-dy City Council 30 — 202 12/17/2024 Figure 21 - Children in Married Couple Households and Affordable Exempt Sites 121712024, 10:26:40 AM 1:73,661 + Affordable Exempt Sites = 40 % - 60 Percent of Children in Marned Couple Households (ACS, 2017-2021 -Tract - 60%-80% D0%-20% 100% 0 20% - 40 % 0 0.75 1 3 mi 0 1.26 2.5 5 km G—ty of Los Aigeles, Bureau of LaM Management, Es i, HERE, Ga h' G-Techndogies. Inc., 115G5, EPA, Eari, HERE. G—in, O Op St—tM.p mntnbutors, antl [he GIS use[ mmmun Ity City Council 30 — 203 12/17/2024 Figure 22 — Children in Married Couple Households and Mixed Income Exempt Sites 12W2024, 10:40:19 AN1 1.73,661 4' Mixed Income Exempt Sites 40 % - 60 % c rs 1_5 a mi Percent of Children in Married Couple Households (ACS, 2017-2021 - Tract - 60 % - 80 % 1.26 2.5 5 km 0 0% - 20 % 80 % -100% co my a r� Angeles, Bureau a ram Manase rent. Esri, HERE, G.-M, CeoT-hndog— Inc., USGS, 26%-4d� EP, Esri, HERE. Garmin, O OmSheetklap coptrmumrs, and the Gl5 user oommunlly City Council 30 — 204 12/17/2024 Income Identifying low- or moderate -income (LMI) geographies and individuals is important to overcome patterns of segregation. HUD defines an LMI area as a census tract or block group where over 51 percent of the population is LMI (based on HUD's income definition of up to 80 percent of the AMI). Regional Trend As shown in Table 5, 44.8 percent of Orange County households are low/moderate income, earning 80 percent or less of the area median income (AMI). There are significantly more LMI Renter occupied households (61.8 percent of total households) compared to owner occupied households (32.1 percent of total households). Figure 23 shows LMI areas regionally. Coastal cities from Seal Beach to Costa Mesa as well as the southern end of Irvine have low concentrations of LMI households. In these areas, less than 25 percent or 25 to 50 percent of the population is LMI in most tracts. LMI households are most concentrated in the central Orange County region around Santa Ana. There are smaller concentrations of LMI households in and around the cities of Garden Grove and Anaheim. Santa Ana has LMI household concentrations that are most similar with the cities immediately surrounding the city boundaries. According to the ACS, in 2021 the median income for a household in Orange County was $100,485 up from $74,344 in 2010. Table 5 Household Income Category by Tenure — Orange Count Income Category Owner Renter Total 0%-30% of AMI 8.3% 23.7% 14.9% 31 %-50% of AMI 8.9% 17.4% 12.5% 51 %-80% of AMI 14.9% 20.7% 17.4% 81 %-100% of AMI 1 9.9% 10.5% 10.2% Greater than 100% of AMI 57.9% 27.7% 45.0% Total 588,550 1 436,425 1,024,975 Source: HUD CHAS based on 2013-2017 ACS. Local Trend More than half of Santa Ana households are in the low or moderate income categories. According to HUD's definition, there are many LMI areas in Santa Ana, especially concentrated in downtown and the west side of the city. The west side of Santa Ana historically had a large number of industrial and manufacturing sites, which typically attracted lower -income workers. According to the 2021 ACS, the median household income in Santa Ana is $77,283 significantly lower than $100,485 countywide. Santa Ana also has a lower median income than the nearby cities of Tustin ($93,901), Irvine ($114,027) and Anaheim ($81,806). Figure 24 and Figure 25 show median income in Santa Ana by tract. Downtown Santa Ana and the west side of the City has the lowest median incomes, with downtown being less than $55,000. In 2010, the median income was $54,877 and did not increase at the same rate as the median income in the County overall. City Council 30 — 205 12/17/2024 AB2011 Sites Inventory Figure 24 and Figure 25 show the sites in relation to median income. Most of the sites are in areas where household income is between $55,000 to $90,100 (Table 6). The locations of the sites do not exacerbate existing conditions as they do not displace any local employers that provide living wages. The locations of the sites have the potential to improve existing conditions through increased investment and provision of new services that will not only benefit new residents but also improve the quality of life for all segments of the community, especially existing residents. The sites are also located in areas that have been designated for redevelopment through the City's General Plan and Focus Areas. The Focus Areas will fosters walkable environments with easy access to essential services and amenities, providing a high quality of life for all residents, including lower -income individuals residing in existing residences or future residents that will occupy units in future developments within these areas. Current development trends show that high residential density is feasible and realistic, and appropriate to accommodate housing for all income levels and can be accommodated on the alternative parcel sites. Sites that have been redeveloped include social lodges, religious facilities, office buildings, and industrial buildings, older/smaller multi -family residential and single-family units. Table 6 Distribution of Units by Median Income Affordable Mixed Income Total < $55,000 27% 30% 29% $55,000 - $90,100 68% 61% 63% $90,100 - $120,000 5% 9% 8% $120,000 - $175,000 0% 0% 0% > $175,000 0% 0% 0% Total 4,222 9,648 13,870 Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Similar to the Alternative sites, most of the exempt sites are in tracts where household income is between $55,000 to $90,100. The City's AB 2011 implementing ordinance exempts these parcels from streamlining provisions, while identifying one or more Alternative sites to ensure no net loss of permitted residential density. Conclusion Both the Alternative and Exempt sites are located in tracts where household income is between $55,000 to $90,100. However, the Alternative sites are predominantly in the central and northern parts of the City, where zoning and land use plans promote multi -family development. The promotion of multi -family development in these areas allows for higher -density housing, making them ideal locations for apartments, townhomes, and condominiums. This provides more affordable housing options and increases the availability of housing units especially a variety of housing types for a large range of incomes. City Council 30 — 206 12/17/2024 Figure 23 — Low to Moderate Income Population 1.169, 903 Low to Moderate Income Population jHUQ, 2011-2015p - Block Group 6 1.76 3.5 7 mi 0 25% 0 2.75 5.5 11 km -25%-50% C—y of L. Angeles, Bureau 0 LaM Management, - 50%-75°/ G—,, 1EOpen_StreetM psc nibu— an d the C31S user comm�niry - 75% - 100% City Council 30 — 207 12/17/2024 Figure 24 — Median Income and Affordable Sites F-F 1213/2024, 3:44.02 F'Ivl * Approved Affordable Alternative Silos$90,100 - $120,000 Median Income (AGS, 2017-2021) -Tract $120 000 - $175,000 0 Less than $55,000 Granter than $175,000 $55,000 - S90,100 1:63,325 a 05 2mi 0 1 2 4km C—ty of L. Angeles, Bureau of Lard 1,bnaq—t, Earl, HERE, Ga-m, G-T-h-1 ies, Inc.. USGS, EPA, Eari, HERE, Gamin, 8 Open5beetMap mntnnut .' ar-.tl the GIs Baer m ftu City Council 30 — 208 12/17/2024 Figure 25 — Median Income and Mixed Income Sites 121712024, 10:04:20 AM 1:73,661 Approved Mixed Income Alternative Sites $90,100 - $120,000 a 0 75 1 311 m'i Median Income (ACS, 2017-2021) -Tract $120 000 - $175, 000 0 1 25 25 5 km 0 Less than $55,000 Greater than $175,000 county m L. An9e1es, anreau or Land kb-g—m, $55,000 - S90,100 Esri, HERE, Gaz n, G-T hnobgrc9, Inc., JSGS, EPA Esri, HERE. Gartni n. 0 OpenShee[Map mi,tabutors, antl the GIS user mmnwnity City Council 30 — 209 12/17/2024 Figure 26 — Median Income and Affordable Exempt Sites 1217;2024. 1027.05 AM 4' Affordable Exempt Sites - $90,100 - $120,000 Median Income (ACS, 2017-2021) - Tract - $120, 000 - $175,000 0 Less than $55,000 Greater than $175,000 $55,000 - $90,100 173,6fi1 a 0.75 1.5 3m! a 1.25 2.5 5 km C—ty of Las Angeles, Bureau M Lard Management, Esri, HERE, Gar M G—T-hndogi., Inc., USGS, EPA Esri, ar HERE. G, 0 OpenSVeetMap tars, —trmu aM the G[5 user comm�unlN City Council 30 — 210 12/17/2024 Figure 27 — Median Income and Mixed Income Exempt Sites I IL- _ � o• -" 1A-r�u. WIN _ V ftua f rz / RaD^� i1�lrrn 12W2024, 10:40:46 AM 4' Mixed Income Exempt Sites $90,100 - $120,000 Median Income (ACS, 2017-2021) -Tract - $120,000 - $175,000 0 Less than $55.000 Greater than $175,000 0 $55,000 - $90,100 1 73,661 0 075 13 3mi 5 4 0 1.25 2 5 5 km G—ty of L. Angeles, B— of Lantl N,anage—t. Eeri, HERE, GaRn'rn, C—Te h,.1,ges. Inc., USGS, EPO, Esri, HERE. Gar O OpenSheetklap -rtrmumrs, and the GIS user mmunlly City Council 30 — 211 12/17/2024 Racially/Ethnically Concentrated Areas of Poverty Racially and ethnically concentrated areas of poverty (R/ECAP) are geographies where a high percentage of the population are people of color who have lower incomes. HUD has identified census tracts with a non -white population of greater than 50 percent and with 40 percent or more of individuals living at or below the poverty line or are three or more times the average poverty rate for the metropolitan/micropolitan area, whichever threshold is lower. Regional Trend Black/African American, American Indian/Alaska Native, persons of a race not listed ("Some other race"), Native Hawaiian/Other Pacific Islanders, Asian Alone and Hispanic/Latino populations all experience poverty at a higher rate than the average countywide (Table 7). The proportion of non - Hispanic White residents under the poverty level is the lowest compared to other racial/ethnic groups in the county. Overall, in Orange County, 9.9 percent of all people are below the poverty level. Table 7 Poverty Status by Race/Ethnicity Percent Below Poverty Level Santa Ana Orange County White alone 11.6% 8.4% Black or African American alone 10.4% 12.8% American Indian and Alaska Native alone 10.0% 11.2% Asian alone 12.9% 11.2% Native Hawaiian and Other Pacific Islander alone 8.3% 10.0% Some other race alone 13.2% 14.9% Two or more races 9.0% 8.3% Hispanic or Latino origin (of any race) 12.5% 12.6% White alone, not Hispanic or Latino 9.6% 6.9% Overall 12.3% 9.9% Source: 2021 American Community Survey (ACS), 5-Year Estimates. Figure 28 shows R/ECAPs, TCAC-designated areas of high segregation and poverty, and poverty status in the Orange County region. R/ECAPs and areas of high segregation and poverty are seen in Santa Ana, Garden Grove, Anaheim and Costa Mesa. Tracts with larger populations of persons experiencing poverty are also concentrated in these areas (Error! Reference source not found. and Error! Reference source not found.). There are no R/ECAPs near the boundaries of the City. Local Trend 12.3 percent of the Santa Ana population is below the poverty level, higher than the rate countywide. Residents belonging to Asian alone experienced poverty at the highest rate. Over 13 percent of the population belonging to a race not listed ("some other race"), 12.9 percent of the Asian population and 12.5 % of the Hispanic or Latino of any race is below the poverty level. City Council 30 — 212 12/17/2024 There are R/ECAPs and TCAC-designated areas of high segregation and poverty in the city, and they are mainly concentrated in and around the downtown area (Figure 28, Figure 29, and Figure 30). AB2011 Sites Inventory The R/ECAP concentration in Downtown Santa Ana is also the location of 53 percent of the units that are being provided by the sites. These areas however are prime for redevelopment and have current projects under construction that will provide market rate and affordable housing that were first identified in the City's Certified Housing Element. As shown in the figures, a majority of the AB2011 alternative sites are located in the central and northern parts of the City where existing general plan land use designations and zoning districts permit multi -family development are located. These areas are also served by high quality transit, such as rapid transit bus lines, the OC Streetcar, and the Santa Ana Regional Transportation center (SARTC), which connect to the broader Metrolink system. The locations of the sites have the potential to improve existing conditions through increased investment and provision of new services that will not only benefit new residents but also improve the quality of life for all segments of the community, especially existing residents. The sites are also located in areas that have been designated for redevelopment through the City's General Plan and Focus Areas. With a greater concentration downtown, the West Santa Ana Boulevard Focus Area would bring great investment to this area greatly impacted by R/ECAP concentration. The West Santa Ana Boulevard Focus Area parallels the OC Streetcar route, Orange County's first modern streetcar that will run 4.15 miles and connect to the regional train network by way of the Santa Ana Regional Transportation Center, offering multi -modal mobility options and residential development opportunities along the streetcar stations. The OC Streetcar is slated to be completed and operational in 2025. With development increasing citywide, the City has implemented measures to ensure that displacement of residents in vulnerable areas is reduced. The City has a Rent Stabilization and Just Cause Eviction Ordinance limiting annual rent increases for most rental units to 3% or 80% of the consumer price index (CPI), whichever is lower and includes protections for tenants, requiring landlords to provide a valid reason ("just cause") for evictions. Santa Ana has also focused on preserving its existing affordable housing stock by working with nonprofits and developers to acquire and rehabilitate properties, which includes numerous properties in the Downtown area. Current development trends show that high residential density is feasible and realistic, and appropriate to accommodate housing for all income levels and can be accommodated on the alternative parcel sites. Table 7 Distribution of Units by R/ECAPs Affordable Mixed Income Total High POC Segregation 56% 51 % 53% Low -Medium Segregation 25% 34% 31 % Racially Integrated 19% 15% 16% Total 14,222 9,648 13,870 Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus City Council 30 — 213 12/17/2024 Areas and not targeted for redevelopment under the General Plan. Similar to the Alternative sites, there is a higher number of exempt sites located within a high POC segregation area, however these areas are not as easily influenced by the West Santa Ana Focus Area and revitalization that the OC Street Car will bring in the near future. Conclusion Both the Alternative and Exempt sites are in areas where there is a R/ECAP. However, with the Alternative sites primarily situated in the central and northern parts of the City, zoning and land use plans encourage multi -family development that could lead to improved conditions for all residents. As a result, these locations are well positioned to attract new investment, especially following the City's goals and policies set forth in the General Plan. The development of these sites has the potential to improve conditions for both new and existing residents, offering additional services and enhancing the quality of life for the entire community. This could lead to increased resources, more local jobs, and a variety of housing types, that could help eliminate the high POC segregation areas. City Council 30 — 214 12/17/2024 Figure 28 — County R/ECAPs EGA -� 73 P env 7repr�+ aa, Xcnu f�q�i6 o ' G�r�6 rm �._1 Gafa vubw- B-V;Gc W= r� COG Geography TGAGIHGD Opportunity Map - High Segregation and Poverty (HGD, 2W3) - Pact 1 169,903 �5 7ml L75 S S 11 km C—'y of Lvs AngW.., L.W %A-9 1. Esri, HERE, Garim USES, EPA, MPS, En. HERE, Garrnin '-* Op—StreeNnp mnt—to apn to G1r user wmur w City Council 30 — 215 12/17/2024 Figure 29 — R/ECAPs and Affordable Sites IF ------------- 121312024, 3:46:00 PM Approved Affordable Alternative Sites COG Geography TCACIHCD Opportunity Map -High Segregation and Poverty (HCD, 2023) -Tract 1:63,325 0 o.s 1 2m; 0 1 2 4km County of Ln, Angeles, Bureau Lard d M—g rd Esri, HERE, =n, GVTechmdogres, Inc., J3G5, EPA. Esri, HERE, G.-in.O 0WISt tVap —tnhut—, and the GIS user com "Y City Council 30 — 216 12/17/2024 Figure 30 — R/ECAPs and Mixed Income Sites 9.3 nag -sma -- f 121P2024, 10:04.54 AM Approved Mixed Income Alternative Sites COG Geography TCACIHCD Opportunity Map - Kgh Segregation and Poverty (HUD, 2023) - Tract 1:73,029 4 0.75 1.5 3 mi p 1 2 4km r—ty of L. Angeles, Bureau of L-d Management, Esri, HERE, G.—, G-T—,dag—, Inc., [1SGS, ERL F d, HERE. Gmmim, 6 0p 5n ,eetiUp mrmm°t—, -d t°e GIs user mmmwrty City Council 30 — 217 12/17/2024 Figure 31- R/ECAPs and Affordable Exempt Sites it �•x'r ruhex -na rm ®a4rt o ram; 12r712024, 10:27:37 AM 4' Affordable Exempt &Ies COG Geography TCAClHCD Opportunity Map - High Segregation and Poverty (HCD, 2023) - Tract 1:73,661 0 0.75 1.5 3 mi 1. 0 1.25 25 5km County 0 Los Angeles, Bureau of Land Management, En, HERE, Gartnm, C-Ternnduj— f-. USGS, EPA Esn, H RE. Gert . 2 Op Sj—W p mPlnbuhus, arW tke US—, rnmmimiry City Council 30 — 218 12/17/2024 Figure 32 — RECAPS and Mixed Income Exempt Sites 121712024, 10:41:14 AM 4' Mixed Income Exempt Sites 731 COG Geography TCACIHOD Opportunity Map - High Segregation and Poverty (HOD, 2023) - Tract r serer l �� 1:73,029 0 6 75 1.5 3 rni 6 1 2 4 km Loamy d Los Angeles, Bureau of Lan1 Management, Esri, HERE, Gaimin, [ T—a j— fnc., llsGS, EPA, EsriHERE, Garmin. O OP -Ss W.P -'m"WM: enarh' n'Sle6e[Cnlnn J'v City Council 30 — 219 12/17/2024 Racially/Ethnically Concentrated Areas of Affluence While R/ECAPs have long been the focus of fair housing policies, racially concentrated areas of affluence (RCAA) must also be analyzed to ensure housing is integrated, a key to fair housing choice. A HUD Policy Paper defines racially concentrated areas of affluence as affluent, White communities. According to this report, Whites are the most racially segregated group in the United States and "in the same way neighborhood disadvantage is associated with concentrated poverty and high concentrations of people of color, conversely, distinct advantages are associated with residence in affluent, White communities." Based on this research, HCD defines RCAAs as census tracts where 1) 80 percent or more of the population is white, and 2) the median household income is $125,000 or greater (slightly more than double the national median household income in 2016). Regional Trend Figure 33 shows that the City of Santa Ana has no racially concentrated areas of affluence itself, but there are areas surrounding the City within the County. There is a higher concentration of RCAAs in South County, particularly in Newport Beach and along the coast. There is also a high concentration to the east in Tustin and north towards Yorba Linda. These areas all have higher median income and a higher percentage of white only populations. Local Trend While Santa Ana is generally a diverse and lower income city, with a large Latino population, there are some areas of relative affluence. However, Santa Ana does not typically align with traditional definitions of RCAAs, which are more common in wealthy suburban or metropolitan areas where affluent, racially homogeneous communities form. West Floral Park and Park Santiago are adjacent to Floral Park, one of the more affluent areas of Santa Ana. These two neighborhoods have higher incomes and are less racially diverse than other parts of Santa Ana, but these areas offer more development opportunity. These areas tend to have more single-family homes, larger lots, and greater access to amenities like parks, schools, and services. With the proximity of these neighborhoods to the West Santa Ana Boulevard Focus Area, these more affluent areas could influence growth in Downtown. City Council 30 — 220 12/17/2024 Figure 33 — Racially Concentrated Areas of Affluence RAbally Cancertmted Areas of Aifluenc.e (HCD 2099j Tract 75 i 5 T I Not aRCAA 5 �5 tikm 00 RCAA l`o4n1Y . Los Angeles, MMatx V L" Mnngs+ —I E-r HERE, Garman, USG5, EPA, Ws F-. HEM t�*min, Ib ow-rt tm.o �.htnbutave, s d ms GIS City Council 30 — 221 12/17/2024 1.7 Access to Opportunities To assess fair access to opportunities regionally and locally, this analysis uses HUD Opportunity Indicators and TCAC Opportunity Area Maps. This section also specifically addresses economic, education, environmental, and transportation opportunities. HUD developed an index for assessing fair housing by informing communities about disparities in access to opportunity based on race/ethnicity and poverty status. Index scores are based on the following opportunity indicator indices (values range from 0 to 100): • Low Poverty Index: The higher the score, the less exposure to poverty in a neighborhood. • School Proficiency Index: The higher the score, the higher the school system quality is in a neighborhood. • Labor Market Engagement Index: The higher the score, the higher the labor force participation and human capital in a neighborhood. • Transit Trips Index: The higher the trips transit index, the more likely residents in that neighborhood utilize public transit. • Low Transportation Cost Index: The higher the index, the lower the cost of transportation in that neighborhood. • Jobs Proximity Index: The higher the index value, the better access to employment opportunities for residents in a neighborhood. • Environmental Health Index: The higher the value, the better environmental quality of a neighborhood. To assist in this analysis, HCD and the California TCAC convened the California Fair Housing Task Force to "provide research, evidence -based policy recommendations, and other strategic recommendations to HCD and other related state agencies/departments to further the fair housing goals (as defined by HCD)." The task force created "opportunity maps" to identify resource levels across the state "to accompany new policies aimed at increasing access to high opportunity areas for families with children in housing financed with 9 percent Low Income Housing Tax Credits (LIHTCs)." These opportunity maps are made from composite scores of three different domains made up of a set of indicators related to economic, environmental, and educational opportunities and poverty and racial segregation. Based on these domain scores, tracts are categorized as Highest Resource, High Resource, Moderate Resource, Moderate Resource (Rapidly Changing), Low Resource, or areas of High Segregation and Poverty. Table 8 shows the full list of indicators. City Council 30 — 222 12/17/2024 Table 8 Domains and List of Indicators for Opportunity Maps Domain Indicator Poverty Adult education Economic Employment Job proximity Median home value Environmental CalEnviroScreen 4.0 pollution Indicators and values Math proficiency Education Reading proficiency High School graduation rates Student poverty rates Poverty: tracts with at least 30% of population under federal poverty line Poverty and Racial Segregation Racial Segregation: Tracts with location quotient higher than 1.25 for Blacks, Hispanics, Asians, or all people of color in comparison to the Count Source: California Fair Housing Task Force, Methodology for TCAC/HCD Opportunity Maps. Regional Trend HUD Opportunity Indicator scores for Orange County are shown in Table 9. For the county, the White population, including the population below the federal poverty line, received the highest scores in low poverty, labor market participation, jobs proximity, and environmental health. Hispanic communities scored the lowest in low poverty, school proficiency, and labor market participation. Asian or Pacific Islander (non -Hispanic) communities scored the lowest in environmental health and jobs proximity, and was most likely to use public transit. City Council 30 — 223 12/17/2024 Table 9 HUD Opportunity Indicators by Race/Ethnicity: Santa Ana/Orange County Low Poverty School Prof. Labor Market Transit Low Transp. Cost Jobs Prox. Env. Health Santa Ana - Total Population White, non -Hispanic 43.58 40.95 48.31 92.62 80.95 74.89 10.29 Black, non -Hispanic 37.22 34.86 40.19 92.78 81.04 67.18 10.60 Hispanic 27.34 28.45 33.05 92.92 80.41 62.17 11.06 Asian or Pacific Islander, non- Hispanic 37.32 41.90 37.03 92.43 79.82 52.24 10.44 Native American, non -Hispanic 30.92 33.84 37.35 92.65 79.81 61.51 Santa Ana - Population below federal poverty line White, non -Hispanic 36.59 35.69 45.31 92.55 81.75 72.63 10.59 Black, non -Hispanic 30.40 34.66 39.64 91.94 82.25 76.57 10.44 Hispanic 22.21 27.00 30.56 93.36 82.18 60.87 10.98 Asian or Pacific Islander, non- Hispanic 36.22 40.88 35.66 92.11 80.53 46.13 10.05 Native American, non -Hispanic 1 22.28 1 21.56 1 35.82 93.35 79.06 60.67 11.72 Orange County - Total Population White, non -Hispanic 76.48 81.89 74.59 60.92 67.05 46.96 24.39 Black, non -Hispanic 69.50 75.53 68.16 74.64 71.50 44.07 15.23 Hispanic 58.20 67.52 59.65 75.35 73.08 45.50 15.65 Asian or Pacific Islander, non- Hispanic 69.64 76.68 67.46 77.05 70.10 43.85 13.93 Native American, non -Hispanic 68.87 73.43 68.92 69.65 69.78 46.01 19.49 Orange County - Population below federal poverty line White, non -Hispanic 68.31 77.99 69.03 62.05 71.85 49.98 24.26 Black, non -Hispanic 57.08 70.54 60.65 74.14 71.46 42.77 13.74 Hispanic 40.26 56.48 46.97 79.38 77.74 45.63 12.87 Asian or Pacific Islander, non- Hispanic 59.82 72.84 58.95 82.14 75.35 40.98 10.57 Native American, Non -Hispanic 1 59.71 1 78.50 1 58.72 1 80.71 75.06 48.72 12.85 Source: HUD AFFH Database - Opportunity Indicators, 2020 Opportunity map scores for Orange County census tracts are presented in Figure 34. The central Orange County areas around Santa Ana comprise mostly low and moderate resource tracts and areas of high segregation and poverty. The central Orange County area, including Anaheim and Garden Grove, also has concentrations of low resource areas and some areas of high segregation and poverty. High and highest resource areas are most concentrated in coastal communities from Seal Beach and Huntington Beach to Newport Beach and in the unincorporated community of North Tustin and down towards South County. City Council 30 - 224 12/17/2024 Local Trend The HUD Opportunity Indicator scores for Santa Ana are found in Table 9 Similar to the county data, the White population in Santa Ana, including the population below the federal poverty line, received the highest scores in low poverty and labor market participation. However, Asian or Pacific Islander (non -Hispanic) communities, including the population below the federal poverty line, received the highest scores for school proficiency. Hispanic communities above the federal poverty line scored the lowest in low poverty, school proficiency, and labor market participation. Asian or Pacific Islander (non -Hispanic) communities scored the lowest in jobs proximity. Opportunity map scores for Santa Ana census tracts are presented in Figure 35 and Figure 36 along with the City's sites. A majority of the tracts in the city are low to moderate resource tracts. There are pockets of High resource tracts located near the intersection of Bristol St. and 17th St., the tract that houses the entirety of Santa Ana College, and all other High resource tracts are in the cities periphery. There are no tracts in the highest resource category in Santa Ana. Two tracts in the city near the downtown area are classified as areas of high segregation and poverty. AB2011 Sites Inventory A majority of the sites are located in Moderate Resource areas with 60 percent of the affordable units being located in these areas. The location of the sites within resource areas reflect the pattern in the City with a majority of the tracts being moderate resource. The alternative sites are also within or near a specific plan area or General Plan Focus Area. These areas have been identified by the City for higher intensity development. These areas are also undergoing significant levels of reinvestment from both the City and the private sector and may change the level of resource available to residents. As such, they are opportune sites for redevelopment. Moreover, these areas provide housing opportunities for lower income residents in close proximity to amenities, jobs, resources, and mobility options. Table 10 Distribution of Units by Opportunity Affordable Mixed Income Total High Segregation and Poverty 23% 20% 21 % Low Resource 12% 21 % 18% Moderate Resource 60% 50% 54% High Resource 5% 9% 8% Total 4,222 9,648 13,870 Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Similar to the Alternative sites, there is a high number of exempt sites located within a moderate resource area, but this is consistent with the makeup of the entire City. City Council 30 — 225 12/17/2024 Conclusion Both the Alternative and Exempt sites are in areas where there are moderate access to resources. However, with the Alternative sites primarily situated in the central and northern parts of the City, zoning and land use plans encourage multi -family development that could lead to improved conditions for all residents. As a result, these locations are well positioned to attract new investment, especially following the City's goals and policies set forth in the General Plan. The development of these sites has the potential to improve conditions for both new and existing residents, offering additional services and enhancing the quality of life for the entire community. In the City's Opportunity Zone Prospectus from 2021 approximately 22% of Santa Ana is designated as an Opportunity Zone, covering over 3,800 acres across 11 census tracts. These zones include key areas such as Downtown Santa Ana, the Civic Center, and the Santa Ana Regional Transportation Center where the Alternative sites have been identified. These opportunity Zones are said to encourage investment in projects that can help improve local infrastructure, housing, and businesses. City Council 30 — 226 12/17/2024 Figure 34 — County Opportunity Scores 10l2512023, 11:21:60 AM 1:199,393 I� Bounda 6 1... 3.5 Tml O ry_ ry 0 Moderate Resource 5 , COG Geography TCAClHCC Opportunity Map - Composite Score (HCD, 2023) -Tract Low Resource o a 5 12 km - Highest Resource 0 High Segregation & Poverty County of L- Angeles, Bureau f Laft Martaq—t, Esi, HERE, Ga"m, UC,GS, FAA, NPS, Fv:, HERE, Garmin, ®Op-Stree"p - High Resource 0 an No Data—t�,W—,dtnmGisuserso— -4 City Council 30 — 227 12/17/2024 Figure 35 - Opportunity Scores and Affordable Sites 1202024, 347.44 PM 1 63,325 + Approved Affordable Alternative Sites 0 Moderate Resource COG Geography TCADHCO Opportunity Map - Composite Score (HOD, 2023) - Tract 0 Low Resource Highest Resource 0 High Segregation & Poverty High Resource 0.5 1 2,i 2 4km Cwv w of Lm Angeles, Bureau of Lam ManagenEnt, Ear,, HERE, Gartnin, C oT-hridogirs Inc. VSGS, EPA, Earl, HERE. Gar . m 0p f&—MFap mnt,.A., antl me GIS user com—IN City Council 30 — 228 12/17/2024 Figure 36 — Opportunity Scores and Mixed Income Sites 1217l2024, 10:05:32 AM 1:73,661 Approved Mixed Income Alternative Sites 0 Moderate Resource COG Geography TCACIHCD Opportunity Map - Composite Score (HCD, 2023) - Tract 0 Low Resource Highest Resource 0 High Segregation & Pove ty High Resource 0.75 1.5 3ml 125 2.5 5 km C-My of Lw Angeles, Bureau of Lam Hlanaq—t. Esri, HERE, G.- , G-Tea,Aog.rs. Inc., 11SGS, EPA, E.., HER Gamin, O Op-Sb,-WM p mntnbut—' and 11. Gis user comrtwnrty City Council 30 — 229 12/17/2024 Figure 37 — Opportunity Scores and Affordable Exempt Sites 1217l2024, 10:28:08 AM 1:13,661 Affordable Exempt Sikes 0 %loderate Resource o 5s 1 5 3 m' COG Geography TCACIHCD Opportunity Map - Composite Score (HCO, 2023) - Tract 0 Low Resource 1.25 2.5 5 km - Highest Resource 0 High Segregation & Poverty c-my d L. Angeles, a— d LnM Mnnnm—t. High Resource Esri, HERE, Ga—, C T-hndog- Inc., US3S, EPA, Bri, HERE c—in m opensveetMa p mnnmhmrs, and me cts user mmmuntty City Council 30 — 230 12/17/2024 Figure 38 — Opportunity Scores and Mixed Income Exempt Sites 12l7I2024, 10 4230 AM 1.73,661 - C Mixed Income 15 1.5 3m! Exempt Sites � Moderate Resource 5 COG Geography TCACIHCD Opportunity Map - Composite Score (HCD, 2023) - Tract 0 Low Resource o 125 2 5 5 km - Highest Resource 0 High Segregalion & Poverty county m Las Angeles, B— rn Lad n�anageme t, Esri, HEREar, Gm G-T-Mdoji. Inc., VSGS, High Resource EPA- Esri, Ma r ERE: c,n. a "'Su etup tont�mutars, aM the Gl5 user community City Council 30 — 231 12/17/2024 Economic As described previously, the Fair Housing Task Force calculates economic scores based on poverty, adult education, employment, job proximity, and median home values. See Table 8 for the complete list of TCAC Opportunity Map domains and indicators. Regional Trend As presented in Table 9, in Orange County, White residents have the highest labor market participation, and Hispanic residents have the lowest labor market participation. Figure 39 shows TCAC Opportunity Map economic scores in the Orange County region by tract. Consistent with final TCAC categories, tracts with the highest economic scores are concentrated in coastal communities from the Seal Beach and Huntington Beach to Newport Beach, areas around Irvine, and the unincorporated community of North Tustin. Tracts with economic scores in the lowest quartile are concentrated in central and northern regions of Orange County areas in cities such as Santa Ana, Garden Grove, Westminster, Stanton, Anaheim and Fullerton. Many of the cities in central and northern Orange County, such as Anaheim and Fullerton, historically grew around industries like agriculture, manufacturing, and railroads. The types of jobs these industries provided attracted lower -income workers. Even after the decline of manufacturing and agriculture, many residents remained in these areas due to affordable housing and established community networks. Local Trends As presented in Figure 40, the northeastern corner of the city, along the 1-5, holds the tracts with the highest economic scores, in the third and fourth highest quartiles. As discussed previously, the tracts along the southeastern and southwestern city boundaries consist of mostly industrial and scored in the second lowest quartile for economic opportunity. The block groups along the central and western parts of the city have high concentrations of racial/ethnic minorities, exceeding and scored in the lowest quartile for economic opportunity. Santa Ana was historically affected by redlining and other discriminatory housing practices. These policies prevented racial and ethnic minorities, particularly Latinos, from purchasing homes in wealthier, predominantly white neighborhoods. This forced minority communities to settle in more affordable, less desirable areas, which today corresponds to central and western Santa Ana. AB2011 Sites Inventory A majority of the sites are located in 0.2 to 0.4 economic opportunity score areas with 53 percent of the affordable units being located in these areas. The location of the sites within this level of economic opportunity areas reflect the pattern in the City with a majority of the tracts being in this range. The alternative sites are also within or near a specific plan area or General Plan Focus Area. These areas have been identified by the City for higher intensity development. Specific areas in Downtown are centered around several key developments and initiatives aimed at revitalizing the city and boosting its economic base. Downtown is considered a cultural and economic hub, with efforts to enhance public spaces and foster a vibrant community to attract both residents and businesses. The city is focusing on fostering business clusters in emerging sectors, such as information technology and green businesses, which align with sustainability goals. Santa Ana's economic strategy also encourages local small business development and community -led initiatives to strengthen its diverse economy. These economic revitalization City Council 30 — 232 12/17/2024 projects not only aim to provide jobs but also improve the overall quality of life, especially in the areas currently lower in economic opportunity scores. Table 11 Distribution of Units by Economic Opportunity Affordable Mixed Income Total 0 - 0.2 4% 4% 4% 0.2 - 0.4 53% 44% 47% 0.4 - 0.6 22% 28% 26% 0.6 - 0.8 22% 23% 23% > 0.8 0% 0% 0% Total 4,222 9,648 13,870 Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Similar to the Alternative sites, there is a high number of exempt sites located within lower economic score areas, but this is consistent with the makeup of the entire City, like many other factors. Conclusion Both the Alternative and Exempt sites are in areas where there are lower in economic opportunity scores. However, with the Alternative sites primarily situated in the central and northern parts of the City, zoning and land use plans encourage multi -family development that could lead to improved conditions for all residents. Santa Ana has implemented a variety of economic and housing initiatives aimed at revitalizing its downtown area and supporting this kind community growth. The city aims to enhance downtown as a mixed -income, transit -oriented hub with affordable housing options for all income levels. In the City's General Plan a key policy is to also encourage the creation of "complete communities" where residents have access to housing, services, and amenities within walkable mixed -use neighborhoods. These efforts, combined with historic preservation and proactive tenant protection policies, are designed to make downtown Santa Ana a vital hub for the community. City Council 30 — 233 12/17/2024 d 1vT'Trt,:..i 4K '' :lli9nr"xJ �l 1 Figure 39 — County Economic Scores rrrm rr�r, 1 = J rvtcar 10l25l2023, 12:24:14 PM 0 City —Boundary 0 } 0A — 0.6 COG Geography TCAC/HCD Opportunity Map - Economic Score (HCD, 2023) - Tract ® > 0.6— 0.8 - 0 — 0.2 (Less Positive Economic Outcomes) - n 0.8 — 1 (More Positive Economic Outcomes) ®�0.2-04 1:19B,393 0 1.75 3.5 s Q 3 6 r� I.iii County of Las Angeles, &Mesa of Land M—a erravrt, Esr:, HERE, Garmin, USGS, EPA, NIPS. Esri, HERE, Garmin, ®Op-StreefMap cantrii,W -s, aM the GIS aserc _'ity City Council 30 — 234 12/17/2024 Figure 40 — Economic Scores and Affordable Sites 121312024, 3:4BA2 PM 1.63,325 + Approved Affordable Alterna@ve Sites 0 > 0.4 — 0.6 COG GeographyTCAC/HCD Opportunity Map -Economic Score (HCD, 2023) -Trail ® > 0.6 — 0.8 0 — 0 2 {Less Positive Economic Outcomes) 0.8 — 1 (More Positive Economic Outcomes) ® , 0.2 — 0.4 0.5 1 2mi I �1 2 4 k m County of E� Angeles, Bureau of LaM Management, Esh, HERE, ER n, GeoTechnNagies: Inc., 115G5, EPA Esri, rd3-IERE. Garmin, O OpenSFeetMap mrytnbukrts, and tNe Gt5 user mmmunity City Council 30 — 235 12/17/2024 Figure 41— Economic Scores and Mixed Income Sites 12i7l2024, 10-06-09 AM 1:73,661 s Approved Mixed Income Alternative Sites 0 > 0 4 — 0.0 COG Geography TCAC/HCD Opportunity Map - Economic Score (HCD, 2023) -Tract ' 0 6 — 0.9 0 — 02 (Less Positive Economic Outcomes) 7 q 8 — 1 (Mare Positive Economic Outcomes) ® >6.2-0.4 0.75 1.5 3mi 125 2.5 5 km county of Los Angeles, 8urgau of Lantl Mlana9-1t, £sri, HERE, G—im, G-T-4n 1.j—, Inc., JSGS, EPA, aii, HERE, G—itl ® Op-Streethfap -M .t."aW the GIs — mmmwrty City Council 30 — 236 12/17/2024 Figure 42 — Economic Scores and Affordable Exempt Sites 121712024, 10.28.40 AM 1 73,661 Affordable Exempt Sites 0 > 0.4 — 0.5 CCG Geography TCACIHCD Opportunity Map - Economic Score (HCD, 2023) - Tract - 0 6 — O_B 0 — 02 (Less Positive Economic Outcomes) > 0.8 — 1 (More Positive Economic Outcomes} > 02-0.4 G.7S 1.5 3mi 125 25 5km Gounty of Loa Angeles, Bureau of LaM hlanaW—t, Esri, HERE, C—, C�o7 tl,ndog�s, Inc., 115G5, EPA. E3FI, HERE, G—m G Open5be HI%P mMn➢utord, ana the GIS den mmm�nlly City Council 30 — 237 12/17/2024 Figure 43 — Economic Scores and Mixed Income Exempt Sites 1217/2024, 10:42:56 AM 1:73,661 Mixed Income Exempt Sites 7 0.4 - 0.0 a o 45 1 5 3 mi COG Geography TCACIHCD Opportunity Map - Economic Score (HCD, 2023) -Tract - > 0 6 _ 0 8 o 125 2.5 5 km 0 - 0.2 (Less Positive Economic Outcomes) � � 0 8 - 1 (More Positive Economic Outcomes) co..ty of L. A�pl-, au— m Land mianaa—t, am,m ®> 0.2 - 0.4 Esr,, HERE, c, c-r rn�wog-, I-, uscS, EPA, ari, HERE, Gamrin, 8 op-sb-4vap mmm�uhus, artl rM GIS user conanunily City Council 30 — 238 12/17/2024 Education As described above, the Fair Housing Task Force determines education scores based on math and reading proficiency, high school graduation rates, and student poverty rates. See Table 8 for the complete list of TCAC Opportunity Map domains and indicators. Regional Trend As presented in Table 9, White Orange County communities are located closest to the highest quality school systems, and Hispanic communities are typically located near lower quality school systems. TCAC Opportunity Map education scores for the region are shown in Figure 43. The central county areas, namely the cities of Santa Ana, Garden Grove, Anaheim, and Stanton, have the highest concentration of tracts with education scores in the lowest percentile. There is also a concentration of tracts with low education scores in Costa Mesa and some scattered tracts in Westminster and Huntington Beach. Coastal communities and areas near Irvine and the unincorporated community of North Tustin have the highest education scores. Local Trend Figure 43 shows TCAC education scores for Santa Ana tracts. Tracts in Santa Ana generally received education scores consistent with economic scores discussed above. A majority of the residential tracts in the city scored in the lowest quartile (scores below 0.25), while the northwestern corner of the city, where tracts received higher economic opportunity scores, only scored slightly better, with education scores in the second lowest education score quartile. However, tracts along the western city boundary were also slightly better, with scores in the second lowest education quartile and one tract scoring in the second highest quartile (scores of 0.50 to 0.75), which is the highest scoring tract in the city. According to the City's Neighborhood Initiatives and Environmental Services team, community members have continually expressed that two primary factors directly affect their children's ability to learn and excel in school —overcrowding and lack of youth -targeted community spaces and programs. Overcrowding was cited as affecting youth education through there not being the physical space needed within the home for a child to concentrate and do their work. Often unpermitted subdivisions of common living areas in units are constructed to accommodate additional family members, leaving little to no space for a child to sit and study. Community members expressed that the lack of community spaces and programs further put those children that reside in overcrowded households at a disadvantage by not providing spaces where youth can study and engage in enrichment programs. According to residents, neighborhoods such as Cedar Evergreen, Townsend-Raitt, and Willard, where there is a strong gang presence, would benefit from providing spaces for youth, after -school programs, and strategies to keep students from dropping out. The correlation between overcrowding and less positive education outcomes that was voiced by the community can be observed when comparing Figure 43 and Figure 68. The areas with less positive education outcome scores in Santa Ana are generally the same areas that have higher percentages of overcrowded households. Similarly, the tracts in the northwestern corner of the city and tracts along the western boundary, where education outcome scores are higher, are the same tracts where there are less overcrowded households. City Council 30 — 239 12/17/2024 AB2011 Sites Inventory As discussed above, tracts in Santa Ana mainly scored in the lowest quartile (scores below 0.25), but there are a few exceptions in the northwestern corner of the city, where tracts received higher economic opportunity scores, only scored slightly better. In the City's General Plan there are policies in place to address educational inequities, including partnerships between the city and educational institutions to improve resources for marginalized groups. There are efforts to integrate technology into schools to close the digital divide and ensure that students have access to necessary learning tools that would increase the education scores over time. Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Again, the entire City having lower educations scores shows the investment needed in education for all residents in the City Conclusion With the Alternative sites primarily situated in the central and northern parts of the City, zoning and land use plans encourage multi -family development that could lead to improved conditions for all residents. The City aims to increase its education opportunity scores through a range of strategies focused on equity, infrastructure improvements, and support for students at all levels and have goals and policies in the General Plan to help accomplish this. One important note is infrastructure improvements that are being targeted in the Downtown and the South Coast Metro Area. By improving access to technology, particularly for students in underserved areas with infrastructure improvements such as high-speed internet, the City can help ensure that all students can engage in learning, both in school and at home. As stated in the General Plan, the City is striving to create more equitable educational opportunities for all residents. City Council 30 — 240 12/17/2024 Figure 44 — Education Scores 1: 144.448 0 City/Town Boundaries 0.50 - 0,75 1 26 25 s mi (R) TCAC Opportunity Areas (2021) - Education Score -Tract 0.75 (More Positive Education Outcomes) 0 225 45 s krn < 0.25 (Less Positive Education Outcomes) No Data County m L- Angeles, Bar . ar rand Management, Esn, HERE, G min, USGS, EPA, IJPS, F HERE, Garmin, ®OpenSlr-Wap 0.25 - 0.50 contnm —. ana He GIs per eomm�rnny cA Hco Canty of S Angeles, Bureau & i nd Managemznt, Esn, HERE. Gamun, USGS. EPA, NPS I PIa Works ZU21, HUD 20191 PI—Warks 2021, HUD 202G I PI —Wags 2D21, ESR I, U.S. Census I PI. -Works 2021, TCAC 20201 PIe Works 2021, U.S. Department of Housing and Urban Ue dDpement 20201 Esri, City Council 30 — 241 12/17/2024 Environmental TCAC environmental health scores are determined by the Fair Housing Task Force based on 12 of the indicators that are used in the California Office of Environmental Health Hazard Assessment's (OEHHA) CalEnviroScreen 4.0 tool under the "exposures" and "environmental effect" subcomponents of the "pollution burden" domain. The CalEnviroScreen 4.0 tool considers (1) environmental factors such as pollutant exposure, groundwater threats, toxic sites, and hazardous materials exposure and (2) sensitive receptors, including seniors, children, persons with asthma, and low birth weight infants. Socioeconomic factors include educational attainment, linguistic isolation, poverty, and unemployment. Based on the environmental pollution and population indicators, the CalEnviroScreen ranks census tracts on a statewide level. A community or area that ranks in the 75th percentile statewide (25 percent worst) or above is considered a "disadvantaged community." Disadvantaged or "EX communities have been identified as communities that are disproportionately burdened by multiple sources of pollution. Regional Trends Asian or Pacific Islanders (non -Hispanic) residents countywide are most likely to experience adverse environmental health conditions, while White residents are the least likely. The central part of the county, in the areas generally around 1-5 have the lowest environmental TCAC scores (see Figure 45). The central Orange County cities of Santa Ana, Orange, and Anaheim all have concentrations of tracts with environmental scores in the lowest quartile. Tracts with the highest environmental scores are in western parts of the county (i.e., Cypress and west Anaheim), coastal cities (i.e., Seal Beach, Huntington Beach, and Newport Beach), and around the inland community of El Toro. CalEnviroScreen scores for the county generally follow a similar pattern to the TCAC scores, with the central Orange County cities having census tracts with greater environmental burdens than coastal areas (Figure 34). Local Trends TCAC environmental scores by tract in Santa Ana are shown in Figure 46 and Figure 47 as well as the location of Affordable sites and Mixed Income Sites respectively. Tracts in the central and western parts of the City received environmental scores in the second and third highest quartiles, while the tracts located along or in close proximity to the freeways (1-5, 1-405, and SR-55) that traverse the city, generally along the eastern and southern boundaries, received scores in the lowest quartile. No tracts in the city received an environmental score in the highest quartile. According to CalEnviroScreen, 26 census tracts in Santa Ana are disadvantaged communities, these tracts represent the 25% highest scoring census tracts in CalEnviroScreen 4.0. These tracts or Disadvantaged communities are located in the southeastern part of the city along an industrial corridor that parallels the SR-55, around the downtown area south of the 1-5, in the city's central core going westward to its boundary, and in the southwestern part of the city, which also has a large industrial land use base. The location of Disadvantaged census tracts closely follows the historic development pattern of the city, proximity to freeways, and adjacency to industrial uses. The oldest portions of the city, located in and around the downtown area, that were developed when planning and environmental laws were not what they are today, tend to suffer from a disproportionate burden of environmental pollution. For example, the Logan neighborhood, the City's earliest Mexican and Mexican - American neighborhood located northeast of downtown, is currently bounded by railroad tracks, City Council 30 — 242 12/17/2024 the 1-5 freeway, and industrial uses. While the railroad lines facilitated the initial growth of the neighborhood in the late 1800s, they also physically split the community from the rest of Santa Ana and encouraged past City officials to designate Logan for industrial uses despite opposition from residents. The construction of the 1-5 freeway in the 1950s removed a number of single- family homes in the northeastern portion of the neighborhood and created a barrier between the community and the formerly open orchards. A 1970s proposal to bulldoze the neighborhood in order to expand an arterial highway along Civic Center Drive would have bisected and destroyed the community. Neighborhood leaders were successful in opposing this proposal and saved what was left of the neighborhood. Today, due to the proximity of the 1-5 freeway, the railroad tracks, and the lasting legacy of industrial uses, Logan is within a census tract with one of the highest CalEnviroScreen scores in Santa Ana. Community members voiced concerns stemming from air pollution from the freeway, industrial uses, cemetery, and soil lead contamination most likely stemming from historical leaded -gasoline use and lead -based paint. The disproportionate burden of environmental pollution facing certain communities in Santa Ana is being addressed in the City's General Plan. The Disadvantaged communities' census tracts coincide with the Environmental Justice (EJ) communities identified by the City in the General Plan with an addition of two census tracts. The City undertook a multiyear effort to engage EJ communities and listen to their experiences and issues regarding environmental health and quality of life. Planning staff facilitated a multifaceted outreach campaign culminating with a series of workshops in the Spring of 2021 (January through May). The campaign consisted of numerous community meetings, a multilingual EJ Survey (electronic and hard copy), and 10 virtual and 1 in - person community forums, each focusing on a specific EJ area in the city. Feedback received during the outreach campaign can be generally grouped into the following categories: improving air and water quality; improving public city facilities; improving infrastructure; providing healthy food options; providing safe and sanitary housing; increasing physical activity; and fostering civic engagement. The City has documented these environmental impacts to ensure alignment of mitigating policies, require appropriate remediation with other State agencies (e.g., Department of Toxic Control Substances), and direct investments to burdened communities as part of the new policies in the comprehensive General Plan. In total, 78 actions spread throughout the 11 elements in the General Plan and will directly lead to working with the community, neighborhood associations, advocacy groups, and community leaders to address environmental justice issues facing the Santa Ana community. As of July 1, 2022, the name of the Neighborhood Initiatives Program changed to the Neighborhood Initiatives and Environmental Services (NIES) program. The program continues to provide capacity -building support, project consultation and acts as a connector between neighborhoods, communities, public and regulatory agencies, and the City. NIES functions are to promote community solutions, capacity building, and civic engagement in addressing environmental justice challenges within the City as identified in the General Plan. NIES will champion the important work and collaboration ahead regarding the framework and next steps for the implementation phases that focus on improving the environmental health, sustainability, and quality of life for disadvantaged communities and the overall City of Santa Ana. AB2011 Sites Inventory A majority of the sites are located in tracts with environmental scores of 60 through 80, which accounts for a majority of the City. Even with this being the case the City has a very proactive NIES team as described above and the General Plan with 78 actions to address environmental City Council 30 — 243 12/17/2024 justice. With the majority of the City affected by environmental burdens, having a committed team to address those is the most important factor in ensuring a safe and equitable place for all to live. Table 12 Distribution of Units and CalEnviroScreen Scores Affordable Mixed Income Total 0 - 20 0% 0% 0% 20 - 40 0% 1 % 0% 40 - 60 5% 9% 7% 60 - 80 52% 48% 49% 80-100 44% 43% 43% Total 4,222 9,648 13,870 Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Similar to the Alternative sites, there is a high number of exempt sites located within higher environmental score areas, but this is consistent with the makeup of the entire City, like many other factors. However, regardless of the location of housing in Santa Ana, the City has goals and policies in place to help address environmental burdens. Conclusion Both the Alternative and Exempt sites are in areas where there are environmental burdens. However, with the Alternative sites primarily situated in the central and northern parts of the City, zoning and land use plans encourage multi -family development that could lead to improved conditions for all residents. The City and the NIES team has been actively addressing environmental justice through a range of policies and initiatives designed to mitigate pollution, improve public health, and promote sustainability, particularly in the underserved communities that bear the brunt of environmental hazards. With the use of CalEnviroScreen data, the NIES team can create targeted initiatives in areas like Downtown to create a healthier, more equitable living environment for all residents. City Council 30 — 244 12/17/2024 Figure 45 — County CalEnviroScreen - -- —Itl _4 — rh wmc2a,M 17 CalEnviroScreen 4 0 (OEHHA, 2021) - Tract 0 , 40 - 80 0 - 20 (Mare pos,Uve envirormental factors) 0 , 60 - 80 20 - 40 y 80 - 100 (Mare negative environmental factors) 1 150454 6 1.5 3 6 mi I S Sri Q 2.5 5 10 km County of Los Angeles, B— of Land N9anagement, Esn, HERE, Ga—, USGS, EPA, NPS. Es , HERE, Gamti n, @ Opert5t..N p conMbADM. and Me GIS u.er can Ity City Council 30 — 245 12/17/2024 Figure 46 — CalEnviroScreen and Affordable Sites --1 ---- I WIN 01 1202024, 3:50:19 PM 0 Approved Affordable Alternative Sites 0 40 - 60 CalEnviroScreen4.0(OEHHA,2021)-Traci 0>60-80 0 - 20 (More positive environmental factors} - > 80 - 100 (More negative environmental factors) ®,20-40 1:63,325 0 0.6 1 2mi 0 1 2 4km Cw My of Las Angeles, Bureau of Laid Management, Earl, MERE, Gann'm, C—TemnaogiesInc., USGS, EPA Esri, HERE. Ga o, ® 6p rS4eefblap —tributora, aM the GS user cammurtiry City Council 30 — 246 12/17/2024 Figure 47— CalEnviroScreen and Mixed Income Sites artl r :c®,a. I.cm� Ivn - � s r--Gvee� cro v A_E `-N-112 r ai- -Wesrm,iitlk 13Wn. min v 'Nestmirs'e:•. I __ _ I -' ` E all J n I — �� N�tn.i ntl5 � IvtFytl°e-our, 5 III � zm �P ;fE qwr_ f 6 I � �■_ ' —rat. � �a 9 � � \ � � � gar Ir• �� c -- �IIisA,e 'E6 r rvin '� Ba 2 �> 12l712024, 10.07.OU AM Approved Mixed Income Alternative Sites 0 40 - 60 CalEnviroScreen 4.0 (OEHHA, 2021)-Tract 0 > 60 -80 0 - 20 (Mare positive environmental factors) - 80 - 100 (More negative environmental fadors) 20-40 173,661 0 075 1.5 3mi 5 s 0 125 2.5 5 km G—ty or La5 Angeles, Ourea„ or Cana Man W—M, Esri, HERE, arm Gin, GeoTechndaPes, Inc.. USGS, EPA, Esri, HERE. Garmin, m openE:tree Nbp mntr ft_,a tithe ME user tam—ly City Council 30 — 247 12/17/2024 Figure 48 — CalEnviroScreen and Affordable Exempt Sites 12/D2024, 10:29.20 AM Affordable Exempt Sites 0 > 40 - 60 CalEnviroScreen 4 0 (OEHHA, 2021) -Tract 0 > 60 - 80 0 - 20 (More positive environmental factors) — > 80 - 100 (More negative environmental factors) ®>20-40 1:73,661 G C.75 1.6 3 rnl 4 4 0 1.25 2.5 5 km County d Lag Angeles, Bureau o7 Lard Management, Esri, HERE, Garmlrt, G-Te&r Ing.s, Inc., 115GS, EPA BriHERE. Gawin, 8 154st—tMap _t_u : — tit GIs use[rvmmu City Council 30 — 248 12/17/2024 Figure 49 — CalEnviroScreen and Mixed Income Exempt Sites A 'dnPnia�a _ I e Gard►n 4r .tarden — frask:A.c-csroc�� Gp `-wesrn..[s[erRlw —� 'rve stml� vrt�a�:. - ' ...L I le9e A i r� Alill _ - �J atltle,.Aw ile �i -- u WAreLA�nur B_Mc ti_` ��I � �� .� � Jamb / -. �9 a• q. nO • lily Flu¢Sing P - __ r.�. �_ r PP _.� - 121712024, 10 43 23 AM 0 Mixed Income Exempt 54e5 0 5 40 - 60 CalEnviroScreen 4 0 {OEHHA, 2021) - Tract 0 > 60 - 80 0 - 20 (More positive environmental factors) - , 8C - 100 (More negative environmental factors) >20-40 1.73,661 0 0.75 1.5 3mi 5 5 ' ill i i i 0 1.25 2.5 5 km County of Los Angeles, Bureau of Lad Management, Esri HERE, Gaimirt, GeoTechndoyes, Inc., nSGS, EPA. Esri, HERE. G-1 , 0 OPenSbr-tmap comributars, aM the CIS ueercomm--unity City Council 30 — 249 12/17/2024 Transportation HUD's Job Proximity Index, shown in Table 9, can be used to show transportation needs geographically. Block groups with lower jobs proximity indices are located further from employment opportunities and have a higher need for transportation. Availability of efficient, affordable transportation can be used to measure fair housing and access to opportunities. SCAG developed a mapping tool for High Quality Transit Areas (HQTA) as part of the Connect SoCal 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). SCAG defines HQTAs as areas within one-half mile from a major transit stop and a high -quality transit corridor. This section also utilizes All Transit metrics to identify transportation opportunities in Orange County and Santa Ana. Regional Trend All Transit explores metrics that reveal the social and economic impact of transit, specifically looking at connectivity, access to jobs, and frequency of service. Orange County's All Transit Performance score is 4.2, compared to the cities of Orange (5.1), Garden Grove (5.5), Anaheim (4.9) Tustin (4.8), and Costa Mesa (5.4). Orange County All Transit metrics are shown in Figure 50. The County's All Transit score indicates a low combination of trips per week and number of jobs accessible, enabling few people to take transit to work. All Transit estimates 99.0 percent of jobs and 87.4 percent of workers in Orange County are located within f/2 a mile from transit. t± a , s-;o ton � A t I ora'1 Cc`'-'� ! • Of - Lose) 62ac1+ . a Figure 50 — Orange County Transit Score ex- Tren91[ Service AlFransit" Performance Score 4.2 County: Orange, CA Low combination of tri ps per week a nd nu mber of jobs access ibie enahling tew pea pie to take transit to work Cfi Average Househokhhave: Transit Trips per Week with in'S Mi le Transit Routes within %Mi le lvjwJohn Amessible in 30-minute trip Commuters Who Use Transit Show Transit Agencies (92) n �Aaphox Sc:r_=P Inrprci bis map overall transit score that looks at connectivity, access to jobs, and frequency of service. MIT ■_-2 024 04-5 05-6 3-7 7-9 9+ As shown in Figure 52, block groups around southern and eastern Santa Ana, northern Costa Mesa, Irvine, Newport Beach, and Orange have the highestjobs proximity index scores, indicating employment opportunities are most accessible in these areas. Central county areas, from central to western Santa Ana, Garden Grove, Westminster, Stanton, and parts of Huntington Beach have the lowest jobs proximity index scores. City Council 30 — 250 12/17/2024 Local Trend All Transit metrics for Santa Ana are shown in Figure 51. Santa Ana received an All Transit Performance Score of 6.6, indicating a moderate combination of trips per week and number of jobs accessible by transit. Santa Ana's score is higher than the county as a whole and is or near the highest in the county. All Transit estimates that 100 percent of jobs and 99.9 percent of workers in Santa Ana are within'/2 a mile from transit. taC 9AM„ Figure 51— Santa Ana Transit Score SANTA ► ► U-11aL T—It Service Santa�a 1 AllTransit" Performance Score M610 City: Santa Ana, CA Moderate combi nation of trips per week and ,u m he r of jo bs accessi b le a nabling moderate number of peoplete cake tra nsit to work On Average Households have; Tit Trips per Week within X N1i le Transit Routes withr n iS Mile Jobs Accessible in 30-minute trip Commulers Who Use Transit Show Transit Agencies(3) s' lla7car: C.a �� ,e_;,.,"ep Improre this map overall transit score that looks at connectivity, access to jobs. and frequency of service. OIL 111111111:2 024 04-5 111115 5-7 7-9 9+ As shown in Figure 53, census blocks in the southern, eastern, and northern parts of Santa Ana received the highest jobs proximity index scores, exceeding 80, indicating that employment opportunities are very accessible in large parts of the city, with the exceptions being the central and western parts of the city, which scored in the lowest and second lowest quartiles. Additionally, nearly all of Santa Ana, with a few exceptions, is considered an HQTA (Figure 51). AB2011 Sites Inventory All sites are in areas with access to high quality transit. The General Plan uses HQTA principles to guide policies that will lead to a more sustainable urban growth. The West Santa Ana Boulevard Focus Area parallels the OC Streetcar route, Orange County's first modern streetcar that will run 4.15 miles and connect to the regional train network by way of the Santa Ana Regional Transportation Center, offering multi -modal mobility options and residential development opportunities along the streetcar stations. Many, if not all of the sites in the City center will be serviced by this new mode of transportation offered for residents. Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Similar to the Alternative sites, the exempt sites are also well serviced by public transit. However, the location of the exempt sites City Council 30 — 251 12/17/2024 are in areas where there are less jobs within a 45 minute transit ride, but not much less than other areas of the City. Conclusion Both the Alternative and Exempt sites are in areas where there is adequate access to public transit. However, with the Alternative sites primarily situated in the central and northern parts of the City, there are more opportunities to use public transit. This will also be evident when the OC Street Car is completed. Overall, transportation and access to jobs is relatively high. As of the most recent data from the U.S. Bureau of Labor Statistics (BLS) and local economic reports, Santa Ana is home to a diverse job market across various industries. While the exact number of jobs can fluctuate over time, Santa Ana typically has around 150,000 to 170,000 jobs. A larger number of these jobs are in Government and Public Administration. City Council 30 — 252 12/17/2024 Figure 52 — County Proximity to Jobs Johs :wlrhin 45 min transit ride (Smart Locations Database, 2018) -Bloc k Group = 10 001 - 25,000 I to Data 25,001 - 50,000 1 - 2,500 50,001 - 100,000 2.501 -5,000 100,001-250,000 ti,001 - 10,000 250,000 1 150.454 0 1.5 3 6mi a 2.5 5 10 km C-M, of Los Angeles, Bureau of L-d Management, E.d, HERE, Garmin, t1SGS, EPA, NIPS, En, HERE, Gamtin, Q Ope StreeV p c tnhth—, -d the GIS user Co_. "ty City Council 30 — 253 12/17/2024 Figure 53 - Proximity to Jobs and Affordable Sites 1202024, 3 51 27 PM 1 63,325 Approved Affordable Alternative Sites 10,001 - 25,000 Jobs within 45 min transit ride (Smart Locations Database, 2018) - Block Group - 25,001 - 50,000 No Data 50,001 - 100,000 1 -2,500 100,001 - 250,000 ® 2,501 - 5,000 , 250,000 4.5 1 2mi I 1 2 4km County of Los Ar pl- Bureau of L-d Management, Esri, HERE, G—m, G-T h,u._ .. Inc., USGS, EPA Esri, HERE. =, 0 OpenSUe VAap mnt- W� an the GIS user mrrt"N City Council 30 — 254 12/17/2024 Figure 54 — Proximity to Jobs and Mixed Income Sites 12R;2024, 10:07:42AM # Approved Mixed Income Alternative Sites 10,001 - 25,000 Jobs within 45 min transit ride (Smart Locations Database, 2018) - Block Group - 25,001 - 50,000 T� No Data 50,001 - 100,000 1 -2,500 100,001-250,000 ® 2,501 - 5,000 7 250,000 1:73,661 0.75 1.5 3 mi 126 2 5 S k. Gounty a L� Angeles, Bureau of Laid Management, Eeri, HERE, C—n, GeoTechnologle9. Inc., USGS, EPK Bri, HERE. Garmin. 0 C"'S -tMap mnlrmutors, and the Gt5 --unity City Council 30 — 255 12/17/2024 Figure 55 — Proximity to Jobs and Affordable Exempt Sites 1217l2024, 1029 47 AM 1 73,661 0 Affordable Exempt Sites = 10.001 - 25,000 Jobs within 45 min transit ride (Smart Locations Database, 2018) - block Group - 25,001 - 50,000 No Da la 50,001 - 100,000 1 -2,500 100,001-250,000 2,501 - 5,000 , 250,000 9.75 1.5 3mi 1 25 1.5 5 km Gounly of Los Angeles, Bureau of La,d Management, Esri, HERE, Gam., Ge Tenrcdo*-s, Inc., t1SGS, EPA, Esri, HERE. G—, 6 Open5treetMap —rt .tars,-d the Gis user commwdy City Council 30 — 256 12/17/2024 Figure 56 — Proximity to Jobs and Mixed Income Exempt Sites 121712024, 10:43:46 AM Mixed Income Exempt Sites 10001 - 25,000 Jabs within 45 min transit ride (Smart Locations Database, 2018) - Block Group - 25,501 - 50,000 = Igo Data 50,001 - 100,000 1-7 1 - 2,500 100.001 - 250.000 0 2,501 - 5,000 , 250.000 1:73,661 0.75 1.5 3 mi 125 2.5 5km County of L. Angeles, Bureau of Land >ulanagemenf, a,,, HERE, Gartnm, G-Technologies, Inc., USGS, EPA, ariHERE, Gamrin, 8 Op SbeetMap mrt t—:_ rM GIS user conanunily City Council 30 — 257 12/17/2024 1.8 Disproportionate Housing Needs Housing problems in Santa Ana were calculated using HUD's 2023 Comprehensive Housing Affordability Strategy (CHAS) data based on the 2016-2020 ACS. Table 13 breaks down households by race, ethnicity, and presence of housing problems for Santa Ana and Orange County households. The following conditions are considered housing problems: • Substandard Housing (measured by incomplete plumbing or kitchen facilities) • Overcrowding (more than 1 person per room) • Cost burden (housing costs greater than 30 percent) In Santa Ana, 42.9 percent of owner -occupied households and 72.46 percent of renter households have one or more housing problems. The City has a larger proportion of owner and renter households with a housing problem compared to the county, where 32.6 percent of owner households experience a housing problem, and 59.1 percent of renter households experience a housing problem. In Santa Ana, Asian renter households experience a housing problem at the highest rate at 81 percent. Hispanic renter households also experience housing problems at a higher rate at 77.2 percent than the city average of 72 percent. Hispanic owner households also experience housing problems at a higher rate at 49.5 percent than the city average of 42.9 percent. Table 13 Housing Problems by Race/Ethnicity Santa Ana Orange County Owner Renter Owner Renter White 2,330 2,965 98,795 90,356 Black 135 355 2,270 6,600 Asian 2,530 4,140 45,700 45,650 American Indian 10 10 245 335 Pacific Islander 29 35 305 815 Hispanic 10,585 23,430 42,380 3,949 Other 86 -- 4,360 3,949 All 15,705 30,835 194,055 262,960 Source: HUD CHAS Data (based on 2016-2020 ACS) Note: -- = 0 households in category. Cost Burden Households are considered cost burdened if housing costs exceed 30 percent of their gross income for housing and severely cost burdened if housing costs exceed 50 percent of their gross income. Cost burden in Santa Ana and Orange County is assessed using 2023 HUD CHAS data (based on 2016-2020 ACS estimates) and the HCD Data Viewer (based on 2017-2021 ACS estimates). Regional Trend Cost burden by tenure and race/ethnicity for Orange County is shown in Table 14. Approximately 39 percent of Orange County households are cost burdened, including 29.5 percent of owner - occupied households and 51.3 percent of renter -occupied households. Hispanic renter City Council 30 — 258 12/17/2024 households have the highest rate of cost burden-55.7 percent. Non -Hispanic American Indian and non -Hispanic White owner households have the lowest rate of cost burden, 19.3 percent and 27.9 percent, respectively. Cost burden is more common among renter households than owner households regardless of race or ethnicity. Table 14 Cost Burden by Race/Ethnicity and Tenure: Orange County Cost Burdened (30% 'S0%) Severely Cost Burdened (>50%) Total Households Owner -Occupied White, non -Hispanic 53,125 42,775 344,165 Black, non -Hispanic 1,485 745 5,765 Asian, non -Hispanic 22,425 18,240 128,995 American Indian, non -Hispanic 70 150 1,140 Pacific Islander, non -Hispanic 220 75 1040 Hispanic 19,150 12,820 100,095 Other 2,345 1,670 13,580 Renter -Occupied White, non -Hispanic 44,895 46,055 186,945 Black, non -Hispanic 2,700 3,440 11,800 Asian, non -Hispanic 17,600 21,575 78,585 American Indian, non -Hispanic 100 180 775 Pacific Islander, non -Hispanic 315 310 1,425 Hispanic 41,785 42,680 151,625 Other 3,120 3,185 13,625 Source: HUD CHAS Data (based on 2016-2020 ACS) Figure 57 and Figure 58 show concentrations of cost burdened owners and renters by tract for the region. Tracts with high concentrations of cost burdened owners are generally dispersed throughout the county. However, there is a higher prevalence of tracts with higher percentages of cost burdened owners and renters in central Orange County compared to the coastal areas. In most tracts in coastal areas from Seal Beach to Newport Beach, 20 percent to 60 percent of owners are cost burdened. Tracts where more than 60 percent of renters are cost burdened are most concentrated in the central county areas around Huntington Beach, Fountain Valley, Santa Ana, Garden Grove and Anaheim. Local Trend Cost burden by tenure in Santa Ana based on HUD CHAS data is shown in Table 15. Approximately 42 percent of households in the city are cost burdened, including 30.1 percent of owner -occupied households and 52 percent of renter -occupied households. Further, 24.3 percent of renter households in Santa Ana are severely cost burdened. The renter -occupied rate of Santa Ana is over 10 percentage points' higher than that of Orange County at 52.8 percent and 42.8 percent. Non -Hispanic American Indian and Black renter -occupied households have the highest rate of cost burden in the city at 100 percent and 58.3 percent, respectively. Like the county as a whole, cost burden is more common in renter households. Non -Hispanic American Indian and City Council 30 - 259 12/17/2024 non -Hispanic White households have the lowest rate of owner -occupied cost burden at 15.4 percent and 28.1 percent, respectively. More households as a percentage are cost burdened in Santa Ana compared to the county. Table 15 Cost Burden by Race/Ethnicity and Tenure, Santa Ana Cost Burdened (30%-505/.) Severely Cost Burdened (>50% Total Households Owner -Occupied White, non -Hispanic 1,350 910 8,050 Black, non -Hispanic 95 45 375 Asian, non -Hispanic 1,050 860 6,395 American Indian, non -Hispanic 0 10 65 Pacific Islander, non -Hispanic 25 0 40 Hispanic 3,975 2,625 21,385 Other 50 30 285 Renter -Occupied White, non -Hispanic 1,240 1,120 6,000 Black, non -Hispanic 160 190 600 Asian, non -Hispanic 1,085 1,305 5,055 American Indian, non -Hispanic 10 0 10 Pacific Islander, non -Hispanic 20 10 90 Hispanic 9,175 7,630 30,330 Other 150 65 465 Source: HUD CHAS Data based on 2016-2020 ACS Figure 59, Figure 60, Figure 61, and Figure 62 show concentrations of cost burden by tract in Santa Ana. High rates of cost burdened owner occupied tracts are located southeast of the downtown in the vicinity of the intersection of Grand and Edinger Avenues as well as north of downtown in the vicinity of Main and 17th St. While large portions of the area in the vicinity of Grand and Edinger Avenues are industrial, there are residential uses in the census tracts along the western edge of the concentration of cost burden. Concentrations of cost burdened renter - occupied tracts are located in the northeast area of the city bordering the cities of Garden Grove and Orange. Another area of cost burden concentration is along the southern boundary, north of the South Coast Plaza regional mall in Costa Mesa. Owner -occupied cost burdened tracts are more dispersed throughout the city, but almost all renter occupied tracts in Santa Ana are cost burdened. Santa Ana has a large population of foreign -born residents - 42 percent of the city's population is foreign born compared to 30 percent countywide (2017-2021 ACS). Research shows that many immigrant households, particularly those with limited English skills, earn lower incomes than later generations. This increases the difficulty of finding adequate and affordable housing and exacerbates cost burden. Community members have expressed that difficulty in finding adequate and affordable housing is compounded for residents who are undocumented because many housing assistance programs require proof of legal residency. City Council 30 — 260 12/17/2024 AB2011 Sites Inventory As discussed above, approximately 48.1 percent of households overpay for housing in all Santa Ana tracts. Figure 59 and Figure 60 show where cost burdened owners are in relation to sites. The distribution of units for the sites by cost burdened renters is shown in Table 16. A majority of the units are in tracts where 40 percent to 60 percent of renters overpay for housing. As shown in Figure 61 and Figure 62, between 40 percent and 80 percent of renters are cost burdened in a majority of the City. The locations of the sites do not exacerbate existing conditions as they do not demolish any existing units and are located in areas designated for redevelopment that avoid potential negative externalities that may cause rent increases. Moreover, the locations of the sites have the potential to improve existing conditions through providing additional housing options at all affordability levels and driving rents down as more options become available to renters and owners alike. Table 16 Distribution of Units by Renter Overpayment Affordable Mixed Income Total 20-40% 0% 4% 3% 40-60% 78% 80% 80% 60-80% 22% 15% 170 80-100% 0% 0% 0% Total 4,222 9,648 13,870 Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Similar to the Alternative sites, the exempt sites are in areas where there is cost burden. This of course is not surprising with the current economic climate. The City however, with the Alternative sites and other housing developments, is working toward providing housing affordable to all. Conclusion Both the Alternative and Exempt sites are in areas where residents are affected by cost burden. Santa Ana has a large population of low and moderate income households, many of whom work in service industries, retail, or other essential but lower -wage jobs. For these households, the high cost of housing consumes a large portion of their income. Santa Ana is working to expand affordable housing options by encouraging the development of mixed income housing, especially in the Focus Areas. The Alternative sites for both affordable and mixed income are in areas where there are targeted initiatives in place in order to facilitate the development of all types of housing. City Council 30 — 261 12/17/2024 NL m Figure 57 — County Overpayment by Homeowners 1116/2023. 10.58:01 AM 0 Ciry_Boundary 40% - 60% Overpayment by Homeowners (ACS, 2017-2021) - Tract _ 60% - 80% 0 , 20% > 8o°/ 0 20% - 40% F�� >" r 1:1as,49a 0 1.75 3.5 7mi + , ❑ 775 55 11 km C—iy IN Los Angeles, Bureau of Land Management, Esn, HERE. C—M, US35. EPA, NPS, Esd, HERE, Ga m, ®Ope S[re Kbp —tnhum.. —the GI user cod —ny City Council 30 — 262 12/17/2024 11l612023, 10.50 15 AM 0 CityBoundary 40% - 60% Overpayment byRenters (ACS,2017-2021)-Tract -60%-80% 0 { 20% - 7 80% 0 20%- 40°! Figure 58 — County Overpayment by Renters s C ;71T I i fin. PTA Mira- D. : L 1:227,426 0 2.25 4.5 5 MI 0 3.5 7 14 km C—ty of t.w Angeles. B.—U of land Management, Esn, HERE, Gal h LISGS, EPA. NPS, Esri, HERE C-1-, ® Op,l 5t—IMrp s contft.b . and the GISuser community City Council 30 — 263 12/17/2024 Figure 59 — Overpayment by Homeowners and Affordable Sites 12612024, 4:02:49 PN1 1:63,325 Approved Affordable Alternative Sites - 40% - 501 0 05 1 2 mi Overpayment by Homeowners (ACS, 2017-2021) - Tract - 60% _ 80 % 0 1 2 4 km 0,20% a80% Gwirrty vl Lcs Mgeles, Bureau of Laity lulanagemeak, 2L) - 40% Esri, HERE, Gannet, Ce T-hnd Aes, Irc, 11SGS, ER', Esri HERE, Gannin O Op-Bbreetm-p —trrbut— andme CIS user —nrty City Council 30 — 264 12/17/2024 Figure 60 — Overpayment by Homeowners and Mixed Income Sites L -- °r ,_ J (I -- _-, i p --�' `4 12.+712024, 10:08:49 AM 1:73,661 Approved Mixed Income Alternative Sites - 40% - 60 % c c.45 mi Overpayment by Homeowners (ACS, 2017-2021) - Tract — 60%- 80% o 1 2.5 5 km 0,20% }80% County of' Angeles, Bureau of Land Management, 20% - 40% Esri, HERE, Ca—, G.Teerdogies, Inc.. USGS, EPA, Esri, HERE, Gairnin, ® OpenStreetMap —tnhut ana the GIS usermmmunily City Council 30 — 265 12/17/2024 Figure 61— Overpayment by Renters and Affordable Sites e J fden•Gm.ve.6Nd �` n ��. ��Garee R•• `� 5 � ® Tresk�Ave=- ��den Gt° z - 'fvorih Tumin Westminster VJe xlmlrsmr••Ave — E Insta rBlW — _- - � an: Apia — an na L i� wsY d rr1cF tlen Ave— nm Fadd r i — Ei.Y:FemAve■ s ler - dl i YC 1 L v Fountain - f Val I.ey I T 1ba A -Ave t`47rci F;;fi — e Ellis ACE I 4¢g 121312024, 4.03:47 PM 0 Approved Affordable Allernative Sites - 40 % - 60 Overpayment by Renters (AGS, 2017-2021) -Tract - 60 % - 80 0 <20/ ->BO% 020%-40% 1:63,325 Q.5 2MI I C 1 2 4 km C.My of Las Algelee, Bureau of Land Management, Esri, HERE, Ga-in, C-Tectmdogiesfnc., 11SGS, EPA. Esri, armin, m HERE, Gopenst-Map mnirmutas,— the n15 user cornet+ 1V City Council 30 — 266 12/17/2024 Figure 62 — Overpayment by Renters and Mixed Income Sites 1 2 7.2024, 10 09 57 AM 1 73,661 0 Approved Mixed Income Alternative Sites - 40% - Overpayment by Renters (ACS, 2017-2021) -Tract - 60% _ 0<20%>80% 0 20% - 40% 60 % 80 % 0.75 1.5 3 mi 1 25 Z5 5 km County of Las Angeles, Bureau of Land Management, Earl, HERE, Ga—m, G-T-hnd.1— Inc. USGS, EPP, an, HERE. G—in, 6 0p .SheelMap mntribufars, and the SIR use, mmmunity City Council 30 — 267 12/17/2024 Figure 63 — Overpayment by Homeowners and Affordable Exempt Sites 1217;2G24, 10:30:27 AM 1:73,661 • Affordable Exempt Sites Overpayment by Homeowners (ACS, 2017-2021) Oc20% 0 20 % - 40% ® 40%-60% Tract - 60 % - 80% - 80 % 0.75 1.5 3 mi 1.25 215 5 km U-M, of Los Angeles, Bureau of Lantl Management, Esn, HERE, Gamtin, C—Te&..I glee, Inc., USGS, EPA. Esri, HERE, Gamin, 0 OMnSt—W p mntnbutors, and the GIS uad m—,dy City Council 30 — 268 12/17/2024 Figure 64 — Overpayment by Homeowners and Mixed Income Exempt Sites 1217,2024, 10:44 22 AM 0 Mixed Income Exempt Sites - 40 %-60% Overpayment by Homeowners (ACS, 2017-2021) -Tract - 60 %- so% Oc2o%>80% 020%-40% J 1.73,661 0 0.75 1.5 3 mi S r 0 126 215 5 km County of Lae Angeles, Bureau of L,M Management, Esri, HERE, Ga[mirt, CeoTechnologies: Inc., USGS, EPA Esri, HERE; Gartnin, 6 OpenSheelMap mntrioutara, ono the ots use[ comma ni[y City Council 30 — 269 12/17/2024 Figure 65 — Overpayment by Renters and Affordable Exempt Sites 1217l2024, 10:30:57 AM 1:73,661 0 Affordable Exempt Sites - 40516-60% Overpayment by Renters (ACS, 2017-2021) -Tract - 60 % - 80% 0<20%>80% 020%-40% 0.75 1.5 3mi 125 2.5 5 km Coonly of Los Angeles, Boman of Lard Sulanagemenl, Esri, HERE, Gamtin, Ge Te:hndogi , Inc., LSGS, EPA, Esri, kIERE, Gamrin, O OpenSte Wap m tmbuIIxs, ana the GIs uses con,rtmnily City Council 30 — 270 12/17/2024 Figure 66 — Overpayment by Renters and Mixed Income Exempt Sites 12712624, 10 44 45 AM 1 73,661 Mixed Income Exempt Sites - 40%-60% 0 0.75 1.5 3mi Overpayment by Renters (ACS, 2017-2021) -Tract - 00%- BO % o 1 25 2.5 5 km 20 / y 60 % County N Las Angeles, Bureau of Lantl Management, 0 20 %- 40 % E., HERE, G—in, G—Tedmdoji. Inc, USGS, EP1% Esn, HERE. Gannin, 6 OpenSheetMap m tn,s t—, ana the GIs sae[ oo—m * City Council 30 — 271 12/17/2024 Overcrowding A household is considered overcrowded if there is more than one person per room and severely overcrowded if there is more than 1.5 persons per room. HUD CHAS data based on the 2016- 2020 ACS and the HCD AFFH Data Viewer (2017-2021 ACS) are used to show overcrowding in Santa Ana and Orange County. Regional Trend As shown in Table 17, 2.7 percent of owner -occupied households and 9.5 percent of renter - occupied households in the county are overcrowded. Severe overcrowding is slightly less of an issue in the county. Approximately 1 percent of owner households and 6.1 percent of renter households are severely overcrowded. Table 17 Overcrowding by Tenure Overcrowded Severely Overcrowded (>1 person per room) (>1.5 persons per Total room) Households Households Percent Households Percent Santa Ana Owner -Occupied 3,860 10.60% 2,085 1 5.70% 1 36,590 Renter -Occupied 8,640 20.00% 7,555 17.80% 42,550 Orange County Owner -Occupied 16,150 2.70% 1 6,520 1.10% 595,230 Renter -Occupied 42,145 9.50% 1 27,060 6.10% 444,775 Source: HUD CHAS Data (based on 2016-2020 ACS), 2023 Figure 67 shows concentrations of overcrowded households by tract regionally. Overcrowded households are most concentrated in the central county areas, including the cities of Santa Ana, Garden Grove, Westminster, Anaheim, and Stanton. Additionally, there are some dispersed tracts with high percentages of households experiencing overcrowding in Costa Mesa. Areas northeast, south, and west of Santa Ana have concentrations of overcrowded households below the State average. Local Trend As presented in Table 17, a larger share of households in Santa Ana are overcrowded compared to the countywide average. Nearly 17 percent of owner -occupied households and 38 percent of renter -occupied households in the city have more than one person per room, which is significantly higher than surrounding areas in the county. Moreover, 5.7 percent of owner households and 17.8 percent of renter households are severely overcrowded, with more than 1.5 persons per room. Figure 68 and Figure 69 show overcrowding by tract in the city. A majority of tracts have 20 or more percent of households experiencing overcrowding. The northeast part of the city has census tracts with slightly less overcrowding. Overall, there are six census tracts in the city with percentages of overcrowded households at or below 5 percent, these are located in the northeast and to the south in the South Coast Metro area. The South Coast Metro area, in particular, features more recently developed housing, including larger single-family homes, townhomes, and City Council 30 — 272 12/17/2024 upscale apartment complexes. These homes tend to be larger and designed to accommodate smaller household sizes, making overcrowding less likely. Overcrowding is a common concern voiced in community meetings and to Neighborhood Initiatives and Environmental Services staff. Residents have expressed a form of overcrowding knows as "doubling up" —where a family co -resides with other family members or friends for economic reasons —as being prevalent and underreported due to fear stemming from legal status, language barriers, and retaliatory tactics from landlords. Community members have also expressed that due to the legal status of income earners, establishing credit worthiness is challenging and forces some residents to live with family members, creating or compounding overcrowded households. AB2011 Sites Inventory The majority of the City's units are in tracts with 12 percent to 15 percent overcrowded households or more than 20 percent. The location of the units does not exacerbate conditions and provides for units of all income levels in different areas of overcrowded household concentrations. The locations of the sites do not exacerbate existing conditions, as the projects do not include demolition of any existing units. Rather, the locations of the sites have the potential to improve existing conditions through providing additional housing at all income levels and creating options for families that may be doubling up or need larger units. Table 18 Distribution of Units by Overcrowded Households Affordable Mixed Income Total <= 8.2% (Statewide Average) 39% 41 % 41 % 8.3-12% 9% 8% 8% 12-15% 20% 17% 18% 15-20% 1 % 3% 2% > 20% 31% 31% 31% Total 4,222 9,648 13,870 Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Similar to the Alternative sites, there is a high number of exempt sites located within areas that have a higher portion of households being overcrowded, but this is consistent with the makeup of the entire City. Conclusion Santa Ana has one of the highest rates of overcrowded households in Orange County and California. According to recent Census data, around 25 percent of all households in Santa Ana are considered overcrowded. To combat overcrowded households the City is working to expand its supply of affordable housing. With the Alternative sites the City hopes to promote a multitude of housing options in areas prime for redevelopment, especially near Focus Areas. This, along with other initiatives in the City such as tenant protection policies, the City hopes to start to providing more resources and housing options for all household sizes. City Council 30 — 273 12/17/2024 Figure 67 — County Overcrowding 11l612023, 11 04 08 AM 1:183,49B 1_ 5 3.5 7mT 0 Ciry_Boundary 10% - 15°/ I . Overcrowding (ACS, 2017 - 2021) -Tract - 15 % - 20% a 275 55 11 km 0 Less Than 5% More than 20% ceity a Lw and. sareau ar Land Manage nt Esn, HERE. Gamin, 11SG5, EPA, NPS, Esri, HERE, Garmin, 9 opes51r *Iap o tnbutas.anathe GISNerCOM—Hy City Council 30 — 274 12/17/2024 Figure 68 - Overcrowding and Affordable Sites -.-� artlen orev� _ F - tlaii . v3 - Treak � �Z � T . I r9 WoStIf11nSLF �` � eNu_'rrer..lc.._n..� - ti¢a �. - E17 51 �� donAve m IE WFeddan A w tli er nve r 3 R�rs Av i'. a -Ave F 1 Fou taln all ra m Y aty.J/ o her nn am m d Ili r 121312024, 4:06:14 PM • Approved Affordable Alterrtative Sites F71 10%- 15 % Overcrowding {AGS, 2017 - 2021 } - Tract 15% - 20% 0 Less than 5% More than 20% 0 5%- 10% 1:63,325 0 4.5 1 2 m+ I 4 1 2 4 km r—tN of Las Angeles. Bureau of Lantl Manage meet, Earl, HERE, G—m. GevTechnologies, Inc.. LSGS, EPF, Earl, HERE, Garmin, rd Ope,SneetME p mntrrbutars, and the Gt5 user Sommun{ty City Council 30 — 275 12/17/2024 Figure 69 — Overcrowding and Mixed Income Sites r �I ard¢n 6ravn _ I . CaNen- hhh----- o rr ,,, . 12l7l2024, 10-10 53 AM 0 Approved Mixed Income Alternative Sites 10%- 15 % Overcrowding (ACS, 2017 - 2021) - Tract - 15 % - 20% 0 Less than 5% More than 20% 05%-10% 1 73,661 ❑ ❑.75 1.5 3 mi 5 5 i 4 1.26 25 5km GooMY Los Angeles. Bureau of Lad Management, Esri, HERE, G rr. G oT-hndoge. Inc., VSGS, EPA, _i, HERE. Garmin, m OpenSVeetU p mM1tiih�ters, aM lire GIS user mmmonity City Council 30 — 276 12/17/2024 Figure 70 — Overcrowding and Affordable Exempt Sites 12l7I2024, 10.31 25AM 4' Affordable Exempt Sites 10 % - 15 % Overcrowding (ACS, 2017 - 2021 ) - Tract - 15 % - 20% 0 Less than 5% More than 20% 0 5%- 1o% 173,661 C C75 1.5 3m! 0 1,25 2.5 5 km C-My of Las Angeles, Bureau of Lard Management, Esri, HERE, Gar m G—T hnobgi. Inc., USG3, EPA, Esri, 3IIERE, Garmin. ® CP-St-t"" mM1trm�tars, _ the Gt5 peer community City Council 30 — 277 12/17/2024 1217;2024, 10:45:24 AM s Mixed Income Exempt Sites - 10%- 15% Overcrowding (ACS, 2017 - 2021) - Tract - 15% - 20 % 0 Less than 5% More Than 20% 0 5%- 1o% Figure 71— Overcrowding and Mixed Income Exempt Sites r i XNP., RP Coe 1:73,661 6 126 2.5 S km county of Lw Angeles, 8— of Land Management, Esri, HERE, Garmm, GevTe[hndog�es, Inc., uses, EPA, E'sri, HERE, Gamin, 8 Ope Sbe MM mrtlnbufors, —the GIs user mrmoenity City Council 30 — 278 12/17/2024 Substandard Housing Incomplete plumbing or kitchen facilities and housing stock age can be used to measure substandard housing conditions. Incomplete facilities and housing age are based on the HUD CHAS data (based on 2016-2020 ACS). Regional Trend Approximately 1.4 percent of households in the county lack complete plumbing or kitchen facilities. Incomplete facilities are more common among renter -occupied households. Only 0.4 percent of owner households lack complete plumbing or kitchen facilities compared to 2.7 percent of renters (Table 19). Table 19 Incomplete Facilities Lacking Complete Plumbing or Kitchen Facilities Total Households Households Percent Santa Ana Owner -Occupied 140 0.40% 36,590 Renter -Occupied 585 1.40% 42,550 Total 725 1.00% 79,140 Orange County Owner -Occupied 2,150 0.40% 595,230 Renter -Occupied 11,890 2.70% 444,775 Total 14,040 1.40% 1,040,005 Source: HUD CHAS Data (based on 2016-2020 ACS). Housing age can also be used as an indicator for substandard housing and rehabilitation needs. In general, residential structures over 30 years of age require minor repairs and modernization improvements, while units over 50 years of age are likely to require major rehabilitation such as roofing, plumbing, and electrical system repairs. In the county, 85.6 percent of the housing stock was built prior to 2000, including 59.6 percent built prior to 1980. Local Trend Less than 1 percent of owner -occupied households in Santa Ana lacks complete plumbing or kitchen facilities (Table 19). A slightly larger proportion of renter -occupied units compared to the share of owner -occupied units lack complete facilities. Overall, the percentages of owner - occupied households that lack complete facilities in Santa Ana (0.4 percent) same as the county rate (0.4 percent), and Santa Ana's rate for renter units of 1.4 percent is less than the countywide rate of 2.7 percent. Nearly 80 percent of the city's housing stock was built prior to 1980 and approximately 94 percent was built prior to 2000. The biggest construction boom happening between 1960 and 1979 as the city was being built out (Table 20). Units produced during that construction boom make up 43.7 percent of the housing stock in the city. Units built prior to 1960 make up 35.2 percent of the housing stock. In general, the housing stock in Santa Ana is older than that of the county as a City Council 30 — 279 12/17/2024 whole, and the rate of construction in recent years has lagged that of the county. Housing that is 30 or more years old often requires some form of moderate or major rehabilitation. The Code Enforcement Division enforces ordinances pertaining to property maintenance, building conditions, and other housing and neighborhood issues. Evidence stemming from the quantity and types of code enforcement cases suggests that housing requiring rehabilitation is disproportionately concentrated in the central parts of the city, generally bounded by Seventeenth Street and Warner Avenue (north and south) and Grand Avenue to Harbor Boulevard (east and west). The census tracts with the highest percentage of poverty are in this area. The area also has high levels of overcrowded households, which exacerbates wear and tear and maintenance needs. Table 20 Santa Ana Housing Stock, Year Structure Built Year Built Santa Ana Orange County Number of Units Number of Units 2020 or later 304 1,559 2010 to 2019 1,994 63,440 2000 to 2009 2,633 86,392 1980 to 1999 11,223 276,146 1960 to 1979 33,519 445,644 1940 to 1959 20,913 159,324 1939 or earlier 6,038 25,087 Total: 76,624 1,057,592 Source: 2021 American Community Survey (ACS), 5-Year Estimates. AB2011 Sites Inventory Substandard housing and the age of housing stock are significant concerns in Santa Ana, contributing to housing challenges such as overcrowding and health issues. With such a high number of homes built before 1980, especially in the center of the City, it is important to provide new housing types at all affordability levels in areas that are ready for redevelopment. The City has been working to increase the supply of affordable housing, including new developments that meet modern safety and energy efficiency standards. While adding new housing is crucial, preserving existing affordable housing and ensuring that older buildings are properly maintained are also priorities. Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Conclusion Both the Alternative and Exempt sites are in areas where the majority of buildings or homes were built before 1980. This of course brings financial challenges to households that are making their City Council 30 — 280 12/17/2024 current housing options work for them in the best way possible. Addressing these issues will require a combination of housing rehabilitation programs, code enforcement, and the creation of new, affordable housing options which can be done using the Alternative sites list. Along with the General Plan policies and other initiatives the City has in place, the City hopes to ensure that all residents have access to safe and healthy homes. Displacement Risk Displacement is a term often used to describe any involuntary household move caused by landlord action, market changes, or other disruptions. Factors contributing to displacement might include: 1) increasing overpayment and overcrowding due to housing costs; 2) significant investment or disinvestment in housing, transportation, jobs, or physical infrastructure; or 3) other local market- or demographic -related change. Many different definitions of household displacement have been offered. However, the Urban Displacement project has developed a hierarchy of communities at risk of displacement based on multiple criteria. The stages of vulnerability/gentrification/displacement are: • Low-income susceptible to displacement • Ongoing displacement of low income households • At risk of gentrification • Early/ongoing gentrification • Advanced gentrification • Stable/moderate/mixed income • At risk of becoming exclusive • Becoming exclusive • Stable/advanced exclusive Regional Trend Regionally, as shown in Figure 72, Santa Ana borders eastern Orange County, a more rural area fronting the Cleveland National Forest that is generally considered stable and at a level of advanced exclusivity. In addition, coastal cities to the southeast, including the cities of Irvine, Newport Beach, Mission Viejo, and others, are similarly exclusive, as reflected by their median incomes and very high housing prices. Vulnerable communities, which are characterized by higher levels of immigration, are most concentrated in the central county areas around the cities of Santa Ana, Garden Grove, Westminster, Anaheim, and Stanton. There are also smaller concentrations of vulnerable communities in Costa Mesa, Tustin, and Huntington Beach. Figure E-38 shows the risk of displacement in Santa Ana. Local Trend The Urban Displacement Project developed a neighborhood -change database to help stakeholders better understand where neighborhood transformations are occurring and to identify areas that are vulnerable to gentrification and displacement in Southern California. The database includes Los Angeles, Orange, and San Diego Counties, with gentrification and sociodemographic indicators based on 2015 data from the American Community Survey. It shows whether a census tract gentrified between 1990 and 2000; gentrified between 2000 and 2015; City Council 30 — 281 12/17/2024 gentrified during both of these periods; or exhibited characteristics of a "disadvantaged" tract that did not gentrify between 1990 and 2015. Based on this neighborhood change database, the Urban Displacement Project team found that the number of gentrified census tracts Orange County the greatest share of neighborhoods that were considered "disadvantaged" and potentially susceptible to gentrification (-43 percent). Figure 73 shows the displacement levels for Santa Ana and the County. A majority of census tracts in the southern and northern parts of the city are categorized as low displacement risk meaning a Stable Moderate/Mixed Income or At Risk of Becoming Exclusive. Census tracts in and around the downtown, such as Willard, French Court, French Park, Lacy, and Pico -Lowell neighborhoods, are categorized as Low-Income/Susceptible to Displacement. In addition, the city's housing market is expected to experience change around the downtown, corridors, and specific plan areas. As the county seat, Santa Ana's downtown and other activity areas are intensifying, and this is expected to continue into the future as the general plan is implemented and the Focus Areas Public Realm plans are established. These efforts are anticipated to add significant new housing, including affordable housing, either through the application for density bonuses or through the City's Housing Opportunities Ordinance. So while land uses are being recycled for market rate housing, the City is also seeing the addition of new affordable housing. To combat displacement risk, the City of Santa Ana has a variety of programs in place to address housing preservation and security. • Housing Preservation. The City has approximately 40 deed -restricted affordable housing projects offering 3,200 units of affordable to lower income households with more in construction. • Housing Security. The City has 340 mobile home parks that offer almost 4,000 market rate units that are affordable to lower income households and are also rent stabilized. • Renter Protections. The City adopted its Just Cause Eviction in December 2021. The ordinance is consistent with California Civil Code Section 1946.2 and provides additional tenant protections to those provided under State law, pursuant to AB 1482. • Rent Stabilization. In December 2021, the City adopted a Rent Stabilization Ordinance, which prohibits rent increases that exceed 3 percent annually or 80 percent of the change in consumer price index, whichever is less, within the City. • Other Local Policies. The City also adopted a Local Resident Preference Ordinance in July 2024 for residents working and living in Santa Ana who are seeking affordable housing. AB2011 Sites Inventory The housing market in Santa Ana is anticipated to undergo significant changes, particularly in the downtown area, key corridors, and specific plan zones. The different planning initiatives are projected to introduce substantial new housing, including affordable options, facilitated by density bonuses or the City's Housing Opportunities Ordinance. The locations of the sites have the potential to improve existing conditions through increased investment and provision of new services that will not only benefit new residents but also improve the quality of life for all segments of the community, especially existing residents. The sites are also located in areas that have been designated for redevelopment through the City's General Plan and Focus Areas. Current City Council 30 - 282 12/17/2024 development trends show that high residential density is feasible and realistic, and appropriate to accommodate housing for all income levels and can be accommodated on the alternative parcel sites. By combining policy tools, direct support, and community -centered planning, Santa Ana aims to balance growth and investment with the need to protect long-term residents from being displaced. Exempt Sites The exempt sites designated by the City are primarily located along the west and east sides of 17th Street and Tustin Avenue to the east. These areas are generally outside of the City's Focus Areas and not targeted for redevelopment under the General Plan. Conclusion Both the Alternative and Exempt sites are in areas where there is a potential for displacement risk. Santa Ana is actively addressing displacement risk through a combination of policies, protections, and community -focused initiatives. The City's Housing Opportunity Ordinance ensures that new developments contribute to affordable housing, while density bonus programs incentivize developers to include affordable units in their projects. To protect renters, Santa Ana has enacted rent stabilization measures and just -cause eviction protections, limiting rapid rent increases and arbitrary evictions. The preservation of existing affordable housing is a priority, with efforts to rehabilitate older properties and prevent their conversion to market -rate housing. Additionally, the City collaborates with community land trusts to secure land for long-term affordability and provides financial assistance programs to help stabilize families at risk of displacement. Through inclusive planning efforts, such as the General Plan and Focus Areas Public Realm plans, Santa Ana aims to promote equitable development that benefits existing residents while ensuring that growth does not come at the expense of community stability. City Council 30 — 283 12/17/2024 Figure 72 — County Displacement Risk Estimated Displacement Risk - Overall Displacement (VCB, Urban Displacement Project 2022)-Trail 0 Low Data Quality 0 Lower Displacement Risk 0 At Risk of Displacement M 1 Income Group (Very Low Income or Low Income) is experiencing Elevated, High, or Extreme Displacement = 2 Income Groups (Very Low Income and Low Income) are experiencing Elevated High, or Extreme Displacement 1.197, 329 0 Z 4 Bml < 5 . . . ti 0 3.25 t;5 13km County of Los Angeles, Bureau of LaM Management, Eari, HERE, G—in, uses. EPA, NPS, &0, HERE, Garmin., OpenStieet}�ap con[n6utais, and the GIS „cer mmm�nity City Council 30 — 284 12/17/2024 Figure 73 — Santa Ana Displacement Risk and Affordable Sites x � e x t ar en ro a ��r� �•f WY, • 17wrnGIDye aY�— n•Gm _ resk A to z T a Blvd- Westminster swim r.A L F �� San .Sna- •L rerr I I� vil w m r ve h� taln I I 7 , rstTo A veI o VJ-P.Lt. Arthur Md em It 111111i�jjj@ 1213/2024, 4 08:33 PM Approved Affordable Alternative Sites Estimated Displacement Risk - Overall Displacement (i Urban Displacement Project 2022) - Tract 0 Lower Displacement Risk i At Risk of Displacement — 1 income Group (Very Law income or Low Income) Is experiencing Elevated, High, or Extreme Displacement 1:63,325 0 0.5 1 2mi I 0 1 2 4km County of L. Angeles, Bureau of Lantl 41anage—nt Esri, HERE, G—, C—Techndoq—, Inc., 415G5, EPA, Ed HEREam+ . G'mID, Op -Street Mop _o .t_: and the GIs user commwrty City Council 30 — 285 12/17/2024 Figure 74 — Santa Ana Displacement Risk and Mixed Income Sites ■ ' ��.471 tiane�o:nt�e H tl t s _lift 121712024, 10:11:26 AM Approved Mixed Income Alternative Sites Estimated Displacement Risk - Overah Displacement (UGB, Urban Displacement Project 2022) - Tract 0 Lower Displacement Risk I® At Risk of Displacement - 1 Income Group (Very Low Income or Low Income) is experiencing Elevated. High, or Extreme Displacement TM I� i� LJ 113,661 U C.75 1.5 3 ml I 4 5 0 125 2.5 5 km County of Lw Angeles, Bureau 0 Lard Hlanagemenf, Esri, HERE, Garmm, Ce T-hndol—, Inc.. USGS, EPA, Esri, HERE, Garmin, ® "p SbeetWp mnmbd.. and the GIS user com_r y City Council 30 — 286 12/17/2024 Figure 75 - Santa Ana Displacement Risk and Affordable Exempt Sites r Finan n.• - ar6 r S 1y/r117'�, I .tin n ter ...... - 1f 17 �•�_` .rib Ana _ i f E 7rkF n Ave - � ou Ial I M1LCNr[lrrrr I: •.0 r I f � ■■ � 12/712024, 10:3149 AM 0 Affordable Exempt Silos Estimated Displacement Risk - Overall Displacement (UG6, Urban Displacement Project 2022) - Tract 0 Lower Displacement Risk ® At Risk of Displacement 1 Income Group (Very Low Income or Low Income) is experiencing Elevated, High, or Extreme Displacement 1:73,661 a 0.75 1.5 3 mi 5 5 a 1.25 25 5 km Gounly d Los Angeles. Bureau d Lantl Management, Esri, HERE, Gartnin, Ge Tecnnologies, Inc., t1GGG, EPA Esri, HERE, G ruin, O opcnS —At p mntlrbut°rs, arW the G{5 user mrnm�nlly City Council 30 — 287 12/17/2024 Figure 76 — Santa Ana Displacement Risk and Mixed Income Exempt Sites r[rr�' • --1 t I CI IF _Ilk - 7•: 1 1L I 11 I F \ _ i V I _ ' ll I J KIM 127l2024, 10:45:46 AM Mixed Income Exempt Sites Estimated Dispiacement Risk - Overall Displacement (UCB, Urban Displacement Project 2022) - Tract 0 Lower Displacement Risk ® At Risk of Displacement _ 1 Income Group (Very Low income or Low Income) is experiencing Elevated, High, or Extreme Oisplacemenl 1:73,661 U 0.75 1.5 3 mi s s 0 1.25 2.5 5 krn Go. d Lac Angeles. Bureau of Land Management. Esri, HERE, G.—, G-Tech.16.91 s, Inc., t1S3S, EPA Esri, HERE, W-in, 0 OpenSI-tMap mptr `�utars, antl the Gt5 uaer mrm—MLY City Council 30 — 288 12/17/2024 1.9 Contributing Factors In the City's Housing Element, contributing factors were identified and prioritized based on disproportionate housing needs. These factors then influenced the City's Housing Plan and programs established in the Housing Element. Those programs are currently being implemented or have already been completed and are working to address the issues identified in the Housing Element AFFH and also in this analysis conducted for AB2011 and its alternative sites. Issue 1: Displacement Risk Santa Ana, much like the Southern California region as a whole, has experienced increasing land values and rental rates since the nadir of the Great Recession. This period in Santa Ana can be characterized by an influx of development in the city, particularly development that includes housing. While more housing opportunities are coming online, many residents have expressed that there is a lack of affordable housing options that threatens displacement or that may cause homelessness. As demonstrated by Figure 59, Figure 60, Figure 61, and Figure 62, considerable percentages of owners and renters in the city are overpaying for housing, and overpaying among renters is more acute. Moreover, as shown in Figure 73, some census tracts in Santa Ana are designated sensitive communities at risk of displacement. The Housing Plan provides programs for: • Housing Stabilization. Implement the rent stabilization and just cause eviction ordinances to preserve affordable housing through regulating rent increases and establishing just cause eviction regulations (e.g., Program 33). • Housing Opportunity Ordinance. Require eligible rental and ownership housing projects to include affordable units (e.g., Program 25). • Housing Priority. Administer local preference for affordable housing created under the AHOCO or with City funding (e.g., Program 32) with a new Local Preference Ordinance adopted in July 2024. • Community Land Trusts and Collective Ownership. Partner with community -based organizations to support a community land trust program and pursue collective ownership models to promote ownership options and opportunities (e.g., programs 32 and 34). • Shelters and Support Services. Provide funding for creation and/or the provision of shelters, permanent supportive housing, and services for those experiencing homelessness or that are at risk of becoming homeless (e.g., programs 37, 38, and 39). Issues 2: Safe and Sanitary Housing Safe, sound, and healthy housing conditions are essential to fair housing opportunity for all Santa Ana residents. Due to the age of the housing stock in the city, much of it is in need of repair (Table 20). Many areas with lower median incomes are the same areas with older housing stock requiring rehabilitation. This means that renters may not have the housing mobility, due to lower income levels, to seek out housing units that are in better condition, and owners may lack the finances to regularly maintain and rehabilitate their homes. Additionally, those experiencing homelessness are most acutely affected by the lack of safe and sanitary housing. The Housing Plan provides programs for: City Council 30 — 289 12/17/2024 • Tenant Protections. Provide resources to residential tenants regarding landlord -tenant laws and responsibilities to ensure units are being maintained and up to code, and if not, tenants are aware of their rights and options for recourse (e.g., Program 44). • Code Enforcement. Enforce building and property maintenance standards and remove blight and unhealthy or dangerous housing conditions, and work with County Health Department to identify violations and streamline resolutions (e.g., programs 9 and 10). • Home Rehabilitation Grant Program. Provide grants to assist in the repair and rehabilitation of single- and multifamily homes as well as mobile homes for lower -income households (e.g., programs 1 and 2). • Emergency and Transitional Housing. Continue providing funding and services for providers of emergency shelters, permanent supportive housing, and support services for those at risk of becoming homeless (e.g., programs 37, 38, and 39). Issue 3: Housing Overcrowding Housing overcrowding refers to situations where a home has more than one person per habitable room. As shown in Table 17, nearly 19 percent of owner -occupied households and 42 percent of renter -occupied households in the city are considered overcrowded. In addition, during the workshops and community feedback opportunities, many residents described a form of residential overcrowding known as "doubling up" —where a family co -resides with family members or friends for economic reasons —as also being prevalent and undercounted in Santa Ana. As was discussed above and depicted in Figure 68 and Figure 69, a majority of census tracts in Santa Ana have greater than 20 percent of households experiencing overcrowding, and four tracts have overcrowding exceeding 60 percent. This issue is also correlated with Issue 2: Safe and Sanitary Housing, as overcrowding accelerates the wear and tear on housing. The Housing Plan provides programs for: • Overcrowding Conditions. Facilitate development of accessory dwelling units and additions to existing homes to alleviate overcrowded housing conditions (e.g., Program 43). • Diverse Housing Types. Facilitate diverse types, prices, and sizes of housing for the different needs in the community (e.g., Program 27). • Affordable Component. Continue applying AHOCO to include affordable units as part of new housing developments (e.g., Program 25). Issue 4: Household Income Since the housing market is not a closed system, assessing income groups in Santa Ana in relation to neighboring cities and the county as a whole is a critical component for evaluating housing access and affordability. Santa Ana's median household income is significantly lower than that of the County overall. This issue is directly correlated with Issue 1: Displacement Risk, since lower -earning households in Santa Ana are vying for housing units in a highly competitive housing market and competing with higher -earning individuals looking to locate in a jobs -rich region. The Housing Plan provides programs for: City Council 30 — 290 12/17/2024 • Affordable Housing Production. Provide financial assistance to support the production and/or rehabilitation of affordable housing for extremely low-, very low-, and low-income families (e.g., Program 21). • Rent Stabilization and Just Cause Eviction. Adopted a rent stabilization ordinance to preserve affordable housing through regulating rent increases and establishing just cause eviction regulations (e.g., Program 33). • Down Payment Assistance. Assist low-income households with down payment assistance loans to facilitate ownership opportunities (e.g., Program 34). • Supportive Services. Allocate funding to agencies that provide services to people experiencing homelessness or that are at risk of becoming homeless (e.g., programs 37, 38, and 39). Issue 5: Environmental Justice Areas An environmental justice community is an area of the city where residents have the highest risk of exposure to pollution in the air, water, and soil. Residents in these areas also tend to be burdened by socioeconomic and health issues, such as higher rates of language barriers, poverty, and asthma. Such areas also tend to experience lower rates of investment and improvements from individuals, private companies, and public agencies. All of these factors can lead to unequal opportunities to lead a healthy and prosperous life. There are 24 census tracts in the city that are considered disadvantaged or environmental justice (EJ) areas (Figure 46 and Figure 47). To address EJ issues, the City underwent an extensive multiyear engagement effort as part of its comprehensive General Plan update, with the last year focusing on engaging EJ communities and listening to their experiences and issues regarding environmental health and quality of life. The campaign consisted of a multilingual EJ Survey (electronic and hard copy) and 10 virtual and 1 in -person community forums, each focusing on a specific EJ area in the city. Feedback can be generally grouped into the following categories: improving air and water quality; improving public city facilities; improving infrastructure; providing healthy food options; providing safe and sanitary housing; increasing physical activity; and fostering civic engagement. The City has developed over 75 policies and over 70 programs that are informed by the feedback received from the community and that address pollution and population variables in the CalEnviroScreen model that are in the upper quartile rank in the identified EJ areas. With the completion of the General Plan, the City has begun the process of addressing the disproportionate environmental burden that residents in these communities have experienced. All of the efforts can be viewed on the City's NIES webpage: https://www.santa-ana.org/departments/neighborhood- initiatives/ Issue 6: Education and Workforce Development As stated in Issue 4: Household Income, median incomes in Santa Ana lag behind the county. Moreover, as discussed above, more than half of Santa Ana households are in the low or moderate income categories (Table 15). This is despite Santa Ana residents being in closer proximity to jobs compared to the county as a whole and having more access to those jobs through transit connections (Figure 53 and Figure 54). This suggests that access to jobs is not an issue; rather, the issue lies in access to higher paying jobs. Higher paying jobs often require higher levels of job skills and educational attainment. However, nearly all of Santa Ana tracts scored in the lowest TCAC education quartile score. Additionally, a majority of the tracts in the city, with a City Council 30 — 291 12/17/2024 noticeable concentration in the central city area, scored in the lowest TCAC economic opportunity quartile score. To address educational and economic opportunity barriers that lead to housing and affordability issues, the City is included an Economic Prosperity Element in the updated General Plan. The element includes programs for workforce development, small business creation and retention, and incentives to hire local. In addition, the updated General Plan includes an element called the Community Element. The Community Element includes numerous policies and programs to directly address the education and jobs training issue. For example, there are policies and programs to support parent participation programs to increase high school and college graduation rates, expanding access to libraries and learning centers, promoting skill -based education programs, and investing in lifelong learning programs. City Council 30 — 292 12/17/2024 City Manager's Office www.santa-ana.org/city-managers-office Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Resolution Recognizing the Significant Concerns of the Community and the Family of Edgar Vargas Arzate AGENDA TITLE Resolution Recognizing the Significant Concerns of the Community and the Family of Edgar Vargas Arzate RECOMMENDED ACTION Adopt a resolution recognizing the significant concerns of the community and the family of Edgar Vargas Arzate. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECOGNIZING THE SIGNIFICANT CONCERNS OF THE COMMUNITY AND THE FAMILY OF EDGAR VARGAS ARZATE AND REAFFIRMING THE CITY'S COMMITMENT TO JUSTICE, ACCOUNTABILITY, AND COMMUNITY RELATIONSHIPS GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At the November 19, 2024 Santa Ana City Council meeting, Councilmember Vazquez introduced the following councilmember-requested item: Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Draft a Resolution Issuing a Formal Apology to the Family of Edgar Vargas, an Undocumented Young Man, who was a Victim of Police Misconduct in 2014 Which Resulted in his Wrongful Transfer to U.S. Immigration and Customs Enforcement (ICE). There was consensus among the City Council to bring a resolution back to the City Council for consideration. As directed by the City Council, staff prepared a resolution (Exhibit 1) recognizing the significant concerns of the community and the family of Edgar Vargas Arzate, acknowledging the admitted wrongdoing of former Officer Brian Booker, and reaffirming the City's commitment to justice, accountability, and community relations. The resolution seeks to declare the following: City Council 31 — 1 12/17/2024 Resolution Recognizing the Significant Concerns of the Community December 17, 2024 Page 2 • Recognize the significant concerns of the community and the family of Edgar Vargas Arzate stemming from the incident on June 19, 2014. • Acknowledge the admitted wrong doing of former Officer Brian Booker. • Commit to working to rebuild the trust lost with the community as a result of this incident. • Commit to fostering accountability and transparency through actions such as the establishment of the Police Oversight Commission. • Reaffirm the City's commitment to justice, dignity, and respect for all persons. If adopted, the resolution would represent a significant step in mending relationships with the affected family and the broader community, while reaffirming the City's dedication to justice and reform. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Alvaro Nunez, City Manager Approved By: Alvaro Nunez, City Manager City Council 31 — 2 12/17/2024 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECOGNIZING THE SIGNIFICANT CONCERNS OF THE COMMUNITY AND THE FAMILY OF EDGAR VARGAS ARZATE AND REAFFIRMING THE CITY'S COMMITMENT TO JUSTICE, ACCOUNTABILITY, AND COMMUNITY RELATIONSHIPS WHEREAS, the City of Santa Ana values all human life and is committed to respecting and protecting the dignity of every individual; and WHEREAS, on June 19, 2014, Edgar Vargas Arzate a resident of Santa Ana, was arrested by Santa Ana Police Department ("SAPD") police officers, and during the course of the arrest, there was a use of force which subsequently resulted in an investigation by a federal Grand Jury; and WHEREAS, in 2019, Officer Brian Booker was indicted by a federal Grand Jury and charged with deprivation of rights under color of law and falsification of records. He ultimately pled guilty to one count and was placed on probation; and WHEREAS, as a result of the police officer's use of force, Edgar Vargas Arzate filed a lawsuit against the City of Santa Ana and several of its police officers including then officer Brian Booker. The City settled the lawsuit for $175,000 in 2016; and WHEREAS, the City of Santa Ana deeply regrets the incident and recognizes the impact it has had on the community; and WHEREAS, the City's Police Department and Executive Management Team are committed to upholding the highest ethical standards and exemplifying professionalism in all interactions with the community; and WHEREAS, such incidents present an opportunity for reflection and growth, ensuring that similar events are not repeated; and WHEREAS, the City of Santa Ana now seeks to foster stronger community relationships and provide a holistic approach to ensuring the safety, health and general welfare of all residents; and WHEREAS, a positive shift in leadership has led to organizational reforms that emphasize increased accountability and transparency within the institution; and WHEREAS, the City of Santa Ana acknowledges that incidents such as this erode the community's trust in law enforcement and the City generally; and City Council 31 — 3 12/17/2024 WHEREAS, the City Council is dedicated to rebuilding trust, fostering transparency, and maintaining accountability to ensure a stronger, safer community for all. 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 City of Santa Ana hereby recognizes the significant community concerns and the outrage of the family of Edgar Vargas Arzate regarding the circumstances of his arrest on June 19, 2014 and acknowledges the admitted wrongdoing of former Officer Brian Booker. B. The City of Santa Ana commits to working to rebuild the trust lost with the community as a result of this incident. C. The City of Santa Ana commits to continuing efforts to improve accountability and transparency, as evidenced by the establishment of the Police Oversight Commission and other reforms aimed at fostering trust within our community. D. The City of Santa Ana reaffirms the City's commitment to justice, dignity and respect for all persons. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 17t" day of December, 2024. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By-�Oun-o- �, . Laura A. Rossini Chief Assistant City Attorney Valerie Amezcua Mayor City Council 31 - 4 12/17/2024 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, City Clerk, Jennifer L. Hall do hereby attest to and certify that the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on December 17. 2024. Date Jennifer L. Hall City Clerk City of Santa Ana City Council 31 — 5 12/17/2024 DRAFT Minutes of the Special Meeting of the Housing Authority Santa Ana, California .ir.r.1hr'% August 6, 2024 CALL TO ORDER MINUTES: Chair Amezcua called the Special Housing Authority Meeting to order at 8: 31 P.M. ATTENDANCE Authority Members Vice Chair Chair Acting City Manager City Attorney Recording Secretary ROI I CAI I Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall MINUTES: Secretary Jennifer L. Hall conducted Roll Call. Chair Amezcua, Vice Chair Phan, and Authority Members Bacerra, Hernandez, Lopez, Penaloza, and Vazquez were present. ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA MINUTES: None. HOUSING AUTHORITY 1 August 6, 2024 City Council 2-1 12/17/2024 PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: None. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3. MINUTES: At 8:31 P.M., the Consent Calendar was considered. MOTION: Authority Member Lopez moved to approve staff recommendations on the following Consent Calendar Items: 1 through 3, seconded by Authority Member Penaloza. The motion carried, 6-0-0-1, by the following roll call vote: AYES: AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER LOPEZ, AUTHORITY MEMBER PENALOZA, AUTHORITY MEMBER VAZQUEZ, VICE CHAIR PHAN, CHAIR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: AUTHORITY MEMBER HERNANDEZ Status: 6-0-0— 1 - Pass 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes from the Special Meeting of June 16, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. 3. Approve an Update to the Housing Choice Voucher Administrative Plan to Create a Preference for Foster Youth to Independence Voucher Holders Department(s): Community Development Agency Recommended Action: Approve an update to Chapter 4-III.C. of the Housing Choice Voucher Administrative Plan to create a preference for Foster Youth to Independence voucher holders. HOUSING AUTHORITY 2 August 6, 2024 City Council 2-2 12/17/2024 **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT — Adjourn the Housing Authority meeting. MINUTES: Chair Amezcua adjourned the Housing Authority Meeting at 8:33 P.M. Respectfully submitted: Jennifer L. Hall, CMC Secretary HOUSING AUTHORITY August 6, 2024 City Council 2-3 12/17/2024 ') Community Development Agency www.santa-ana.org/community-development Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Housing Successor Annual Report FY 2023-24 AGENDA TITLE Housing Successor Annual Report for FY 2023-24 — Low- and Moderate -Income Housing Asset Fund RECOMMENDED ACTION Receive and file. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Pursuant to the Dissolution Act, on January 9, 2012 the City Council designated the Housing Authority as the Successor Housing Agency to the dissolved Community Redevelopment Agency of the City of Santa Ana (RDA). Effective February 1, 2012, the Housing Authority retained the housing assets, duties, functions, and obligations of the former RDA and continued to complete the housing development projects encumbered prior to the dissolution of the RDA. Senate Bill (SB) 341, signed by the Governor on October 1, 2013, amended the Health and Safety Code (HSC) Section 34176 and addresses functions to be performed by the housing successor agencies. This bill, effective January 2014, requires all housing successor agencies to provide an annual report to its governing body within six months after the end of the fiscal year, starting with FY 2013-14. Among the requirements is an independent financial audit of the Low- and Moderate -Income Housing Asset Fund (LMIHAF) and information regarding specific housing financial data and activities. The financial audit of the LMIHAF is included in the City's Annual Comprehensive Financial Report (ACFR) for FY 2023-24, as prepared by the Finance and Management Services Agency and posted on the City's website at www.santa-ana.org/financial-reports. Assembly Bill (AB) 1793, signed by the Governor on September 27, 2014, further amended HSC §34176.1 to require housing successor agencies to include additional information on homeownership units assisted by the former RDA or housing successor that are subject to covenants or restrictions. The FY 2017-18 annual report included this additional information and any changes that occurred in the last fiscal year are identified in the FY 2023-24 annual report (Exhibit 1). City Council 3-1 12/17/2024 Housing Successor Annual Report FY 2023-24 December 17, 2024 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. Housing Successor Annual Report FY 2023-24 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, City Manager City Council 3-2 12/17/2024 EXHIBIT 1 HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2023-2024 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of December 17, 2024. This Report sets forth certain details of the Housing Authority of the City of Santa Ana (Housing Successor) activities during Fiscal Year 2023-2024 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the Low and Moderate Income Housing Asset Fund, as incorporated in the City of Santa Ana's Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2023-2024 (Fiscal Year) as prepared by CliftonLarsonAllen LLP (Audit), which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XII., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law: Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2023T24 Page 1 EXHIBIT 1 V. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VII. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project. Vill. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor's progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor's plans to meet unmet obligations, if any. IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. Information is provided covering the period of July 1, 2019 — June 30, 2024. X. Senior Housing Test: This section provides the percentage of units of deed -restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2014 to December 31, 2023. XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor's plan for eliminating the excess surplus. XII. Inventory of Homeownership Units: This section provides an inventory of homeownership units assisted by the former redevelopment agency or the Housing Successor that are subject to covenants or restrictions or to an adopted program that HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 202M4 Page 2 EXHIBIT 1 protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to Section 33334.3(f). This Report is to be provided to the Housing Successor's governing body by December 31, 2024. The final audit opinion was presented at the December 3, 2024 City Council meeting. In addition, this Report and the former redevelopment agency's pre -dissolution Implementation Plans are to be made available to the public on the City's website (https://www.santa- ana.org/successor-agency-oversight-board/ .) AMOUNT DEPOSITED INTO LMIHAF A total of $317,160 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS. II. ENDING BALANCE OF LMIHAF At the close of the Fiscal Year, the ending balance in the LMIHAF was $4,061,524 of which $0 is held for items listed on the ROPS. III. DESCRIPTION OF EXPENDITURES FROM LMIHAF The following is a description of expenditures from the LMIHAF by category: Monitoring & Administration Expenditures $ 225,653 Homeless Prevention and Rapid Rehousing Services Expenditures $0 Housing Development Expenditures ➢Expenditures on Moderate Income Units $0 ➢ Expenditures on Low Income Units $0 ➢ Expenditures on Very -Low Income Units $0 ➢ Expenditures on Extremely -Low Income Units $1,491,252 ➢ Total Housing Development Expenditures $0 Total LMIHAF Expenditures in Fiscal Year $ 1,716,905 IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the "statutory value of real property" means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF. HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 3 EXHIBIT 1 The following provides the statutory value of assets owned by the Housing Successor. V. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year. VI. PROJECT DESCRIPTIONS The following is a description of project(s) for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS as well as the status of the project(s): N/A All former projects on the ROPS have been completed. VII. STATUS OF COMPLIANCE WITH SECTION 33334.16 Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property. With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset. HOUSIN AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 4 EXHIBIT 1 The following provides a status update on the real property or properties housing asset(s) that were acquired prior to February 1, 2012 and compliance with five-year period: Remnant parcels at Spurgeon & E. 22"d 10/30/2002 2/14/2018 St. 801, 809 & 809 '/2 E. 7/29/2009 2/14/2018 Santa Ana Blvd. This remnant parcel has been included in Request for Proposals ("RFP") # 18-056 issued on July 2, 2018; RFP # 19-063 issued on July 3, 2019; RFP # 21-136 issued on December 8, 2021; and RFP # 23- 156 issued on October 19, 2023. All of the RFPs have been issued for the development of affordable housing on this parcel. There has been no award from RFP # 23-156 at this time. On December 7, 2021, the Housing Authority entered into a 99-year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County for the development of the FX Residences, a multifamily affordable housing project with 16 units for people experiencing homelessness. In October 2022, the developer closed on their construction loan financing and a groundbreaking ceremony was held in June 2023. Construction officially started in July 2023. The anticipated completion date of the project is December 2024. HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 202T24 Page 5 EXHIBIT 1 On November 17, 2020, the Housing Authority entered into a 99-year Ground Lease for the development of two (2) affordable homeownership opportunities for moderate income families. In 826 N. Lacy 7/29/2009 2/14/2018 August 2022, Habitat held a groundbreaking ceremony and obtained all building permits to commence construction. The construction was completed in November 2023 and both homes have been sold to income qualified families. On July 25, 2022, the Housing Authority entered into a 65-year Ground Lease with Washington Santa Ana Housing Partners, L.P. for 1126 & 1146 the development of the Crossroads Washington 9/5/2007 2/14/2018 at Washington, a multifamily affordable housing project with 86 units for extremely low-income families. Construction is underway and the anticipated completion date of the project is in September 2024. The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012: HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 6 EXHIBIT 1 Vill. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, the following replacement housing obligations were transferred to the Housing Successor: One (1) very -low income five -bedroom unit was removed in 2005. The replacement housing obligation transferred to the Housing Successor was fulfilled in a previous fiscal year with the WBBB project that accommodated a five -bedroom unit within the site. At the end of Fiscal Year 2022-2023, the Housing Successor has met all replacement housing obligations transferred from the former redevelopment agency. Inclusionary/Production Housing. According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency's Implementation Plans are posted on the City's website at https://www.santa-ana.org/successor- agency-oversight-board/ IX. EXTREMELY -LOW INCOME TEST Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely -Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely -Low Income requirement. This information below is for the period of July 1, 2019 — June 30, 2024: AMI FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 Totals 80% -120% $0 $0 $0 $0 $0 $0 50% - 80% $16,632 $0 $0 $0 $0 $16,632 30% - 50% $26,867 $0 $0 $0 $0 $26,867 0% -30% $43,499 $0 $0 $0 $1,491,252 $1,534,751 Totals $86,998 $0 $0 $0 $1,491,252 $1,578,250 % of Funds Expended on 30% or Less of AMI 50.00% 0.00% 0.00% 0.00% 100.00% 97.24% HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 7 EXHIBIT 1 X. SENIOR HOUSING TEST The Housing Successor is to calculate the percentage of units of deed -restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed -restricted rental units. The following provides the Housing Successor's Senior Housing Test for the 10 year period of January 1, 2014 to December 31, 2023: # of Assisted Senior Rental Units 0 # of Total Assisted Rental Units 541 Senior Housing Percentage 0% XI. EXCESS SURPLUS TEST Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor's preceding four Fiscal Years, whichever is greater. The following provides the Excess Surplus test for the preceding four Fiscal Years: HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 8 EXHIBIT 1 The LMIHAF does not have an Excess Surplus. (Refer to calculation below.) Fund Balance — June 30, 2023 Less Unavailable Amounts: Loans and notes Land held for resale Restricted cash and investments with fiscal agent Liabilities — Accounts payables & deposits Deferred inflows of revenues Project Commitments and Monitoring Available Low Income Housing Funds Limitation (Greater of $1,000,000 or Four Years Deposits): Aggregate amounts deposited for preceding four fiscal years 2020 — 2021 170,606 2021 — 2022 1,246,112 2022 —2023 483,734 2023 —2024 317,160 Total deposits for the preceding four fiscal years 2,217,612 Base limitation Greater Amount Computed Excess Surplus — June 30, 2024 1,000,000 XII. INVENTORY OF HOMEOWNERSHIP UNITS $26,737,288 (22,592,121) (75,000) (112,893) (2,882) (4,829) (735,964) 3,213,599 2,217,612 995,987 (A) As of June 30, 2024, there was a total of 54 homeownership units and 912 rental units subject to covenants or restrictions. Of this total, all 966 units had affordability restrictions. (B) During FY 2023-24, three (3) single family units were lost to the portfolio as the borrowers paid off the loans earlier than the original maturity date but two single family homes were added as a result of the sale of the two Habitat for Humanity homes. HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 202T24 Page 9 EXHIBIT 1 (C) There were no funds returned to the Housing Successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the former Low and Moderate Income Housing Fund in FY 2022-23. (D) The Housing Authority of the City of Santa Ana has not contracted with any outside entity for the management of the units. HOUSINt AUTHORITY OF THE CITY OF SANTA ANA — FY 2023/24 Page 10